Blackwater

Jeremy Scahill talks to Thom Hartmann about his latest article at The Nation--Blackwater and the Khost Bombing: Is the CIA Deceiving Congress?:

A leading member of the House Permanent Select Committee on Intelligence has told The Nation that she will launch an investigation into why two Blackwater contractors were among the dead in the December 30 suicide bombing at the CIA station at Forward Operating Base Chapman in Khost, Afghanistan. "The Intelligence Committees and the public were led to believe that the CIA was phasing out its contracts with Blackwater and now we find out that there is this ongoing presence," said Illinois Democrat Jan Schakowsky, chair of the Subcommittee on Oversight and Investigations, in an interview. "Is the CIA once again deceiving us about the relationship with Blackwater?"

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And Blackwater's problems in Germany--Germany Launches Probe Into Blackwater/CIA Assassination Plot:

German prosecutors have launched a preliminary investigation into allegations that a Blackwater-led CIA team conducted a clandestine operation in Hamburg, Germany after 9/11 ultimately aimed at assassinating a German citizen with suspected ties to al Qaeda. The alleged assassination operation was revealed last month in a Vanity Fair profile of Blackwater’s owner Erik Prince.

The magazine reported that after 9/11, the CIA used one of Prince’s homes in Virginia as a covert training facility for hit teams that would hunt al Qaeda suspects globally. Their job was find, fix, and finish: “Find the designated target, fix the person’s routine, and, if necessary, finish him off.”

According to Vanity Fair, one of the team’s targets was Mamoun Darkazanli, a naturalized German citizen originally from Syria. Darkazanli has been accused by Spain of being an al Qaeda supporter with close ties to the alleged 9/11 plotters who lived in Hamburg. The Blackwater/C.I.A. team “supposedly went in ‘dark,’ meaning they did not notify their own station—much less the German government—of their presence,” according to Vanity Fair. “[T]hey then followed Darkazanli for weeks and worked through the logistics of how and where they would take him down.” Authorities in Washington, however, “chose not to pull the trigger.”

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From Democracy Now--“Blackwatergate”–Private Military Firm in Firestorm of Controversy over Involvements in Iraq, Afghanistan and Germany:

Blackwater is all over the news. In the last seventy-two hours, a series of breaking developments involving the notorious private military firm have come to light, ranging from their involvement in Afghanistan and Iraq, and even Germany, as well as legal cases here at home. We speak with investigative journalist and Democracy Now! correspondent Jeremy Scahill and Rep. Jan Schakowsky (D-IL), a leading member of the House Permanent Select Committee on Intelligence and the chair of the Subcommittee on Oversight and Investigations, who is launching an investigation into why two Blackwater contractors were among the dead in the December 30 suicide bombing at the CIA station at Forward Operating Base Chapman in Khost, Afghanistan.

JUAN GONZALEZ: Blackwater is all over the news. In the last seventy-two hours, a series of breaking developments involving the notorious private military firm have come to light, ranging from their involvement in Afghanistan and Iraq, and even Germany, as well as legal cases here at home.

In the latest news, two former Blackwater operatives were arrested yesterday on murder charges stemming from their alleged involvement in the shooting deaths of two Afghan civilians in Kabul in May.

The news broke just hours after it was revealed Blackwater had reached a settlement with Iraqi victims of a string of shootings, including the Nisoor Square massacre, who had sued the company for what they called “senseless slaughter.” Blackwater is reportedly paying $100,000 for each of the Iraqis killed by its forces and between $20,000 to $30,000 to each Iraqi wounded. News of the settlement came a week after a federal judge dismissed manslaughter charges against five Blackwater operatives involved in the Nisoor Square massacre that killed seventeen Iraqi civilians.

Then, on Wednesday, prosecutors in Germany announced they had launched a preliminary investigation into a report that the CIA and Blackwater had planned a secret operation in 2004 to assassinate a German citizen in Hamburg with suspected ties to al-Qaeda.

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Jeremy Scahill: Blackwater's Murky Role in Afghanistan

Rachel Maddow talks to Jeremy Scahill about what role Blackwater a.k.a. Xe is still performing for our government after the recent revelations that there were Blackwater contractors present during the recent bombing attack on the C.I.A in Afghanistan.

Jeremy Scahill has more in his article at The Nation--Blackwater and the Khost Bombing: Is the CIA Deceiving Congress?:

A leading member of the House Permanent Select Committee on Intelligence has told The Nation that she will launch an investigation into why two Blackwater contractors were among the dead in the December 30 suicide bombing at the CIA station at Forward Operating Base Chapman in Khost, Afghanistan. "The Intelligence Committees and the public were led to believe that the CIA was phasing out its contracts with Blackwater and now we find out that there is this ongoing presence," said Illinois Democrat Jan Schakowsky, chair of the Subcommittee on Oversight and Investigations, in an interview. "Is the CIA once again deceiving us about the relationship with Blackwater?"

In December, the CIA announced that the agency had canceled its contract with Blackwater to work on the agency's drone bombing campaign in Afghanistan and Pakistan and said Director Leon Panetta ordered a review of all existing CIA contracts with Blackwater. "At this time, Blackwater is not involved in any CIA operations other than in a security or support role," CIA spokesman George Little said December 11.

But Schakowsky said the fact that two Blackwater personnel were in such close proximity to the December 30 suicide bomber--an alleged double agent, who was reportedly meeting with CIA agents including the agency's second-ranking officer in Afghanistan when he blew himself up--shows how "deeply enmeshed" Blackwater remains in sensitive CIA operations, including those CIA officials claim it no longer participates in, such as intelligence gathering and briefings with valuable agency assets. The two Blackwater men were reportedly in the room for the expected briefing by the double agent, Humam Khalil Muhammed Abu Mulal al-Balawi, who claimed to have recently met with Al Qaeda leader Ayman al Zawahiri.

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Blackwater Shooting Charges Dismissed By Federal Judge

Obviously, this is going to do wonders for our image in Iraq:

WASHINGTON — In a significant blow to the Justice Department, a federal judge on Thursday threw out the indictment of five former Blackwater security guards over a shooting in Baghdad in 2007 that left 17 Iraqis dead and about 20 wounded.

The judge cited misuse of statements made by the guards in his decision, which brought to a sudden halt one of the highest-profile prosecutions to arise from the Iraq war. The shooting at Nisour Square frayed relations between the Iraqi government and the Bush administration and put a spotlight on the United States’ growing reliance on private security contractors in war zones.

Investigators concluded that the guards had indiscriminately fired on unarmed civilians in an unprovoked and unjustified assault near the crowded traffic circle on Sept. 16, 2007. The guards contended that they had been ambushed by insurgents and fired in self-defense.

A trial on manslaughter and firearm offenses was planned for February, and the preliminary proceedings had been closely watched in the United States and Iraq.

But in a 90-page opinion, Judge Ricardo M. Urbina of Federal District Court in Washington wrote that the government’s mishandling of the case “requires dismissal of the indictment against all the defendants.”

In a “reckless violation of the defendants’ constitutional rights,” the judge wrote, investigators, prosecutors and government witnesses had inappropriately relied on statements that the guards had been compelled to make in debriefings by the State Department shortly after the shootings. The State Department had hired the guards to protect its officials.


I think Marcy Wheeler makes the single most compelling argument here about the precedent of a private health insurance mandate:

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And for those who promise we’ll go back and fix this later, once we achieve universal health care, understand what will have happened in the meantime. The idea, of course, is to establish some means to get people single payer coverage (before Lieberman, this would have been through a public option or Medicare buy-in) and, over time, expand it.

In fact, this bill will move toward single payer, too–though not the kind we want. For the large number of people who live in a place where there is limited competition, this bill will require them to get health care through the oligopoly or monopoly provider. It’ll work great for the provider: they will be able to dictate rates. But the Senate bill allows these blossoming single payer providers to keep up to 25% of the benefit in profits and marketing costs, and pass little of that benefit onto citizens. If we make private corporations our single payer, how are we going to convince them to cede control when we ask them to let the government be the single payer?

The reason this matters, though, is the power it gives the health care corporations. We can’t ditch Halliburton or Blackwater because they have become the sole primary contractor providing precisely the services they do. And so, like it or not, we’re dependent on them. And if we were to try to exercise oversight over them, we’d ultimately face the reality that we have no leverage over them, so we’d have to accept whatever they chose to provide. This bill gives the health care industry the leverage we’ve already given Halliburton and Blackwater.

It’s the 9.8% tithe that bothers me the most. But for those who think we can fix it, consider this, too. If the Senate bill passes, in its current form, it will mean that the health care industry was able to dictate–through their Senators Joe Lieberman and Ben Nelson–what they wanted the US Congress to do. They will have succeeded in dictating the precise terms of legislation.

Now, that’s not the first time that has happened. It certainly happened on telecom immunity. It certainly has happened, repeatedly, on Defense contracting (see also Randy Cunningham). But none of these egregious instances of corporations dictating legislation included a tithe–the requirement that citizens pay corporations to provide their service, rather than allowing the government to contract the service.

This is a fundamentally different relationship we’re talking about–one that gives corporations vast new powers. And the fact that–with one temper tantrum from Joe Lieberman–the corporations were able to dictate the terms of this new relationship deeply troubles me.

When this passes, it will become clear that Congress is no longer the sovereign of this nation. Rather, the corporations dictating the laws will be.

I understand the temptation to offer 30 million people health care. What I don’t understand is the nonchalance with which we’re about to fundamentally shift the relationships of governance in doing so.

We’ve seen our Constitution and means of government under attack in the last 8 years. This does so in a different–but every bit as significant way. We don’t mandate tithing corporations in this country–at least not yet. And it troubles me that so many Democrats are rushing to do so, without considering the logical consequences.


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Jeremy Scahill joined Ed Schultz to discuss the recent column in the New York Times--Blackwater Guards Tied to Secret C.I.A. Raids:

WASHINGTON — Private security guards from Blackwater Worldwide participated in some of the C.I.A.’s most sensitive activities — clandestine raids with agency officers against people suspected of being insurgents in Iraq and Afghanistan and the transporting of detainees, according to former company employees and intelligence officials.

Several former Blackwater guards said that their involvement in the operations became so routine that the lines supposedly dividing the Central Intelligence Agency, the military and Blackwater became blurred. Instead of simply providing security for C.I.A. officers, they say, Blackwater personnel at times became partners in missions to capture or kill militants in Iraq and Afghanistan, a practice that raises questions about the use of guns for hire on the battlefield.

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Schultz asked Scahill if we had any idea of what kind of resources Blackwater had committed in Iraq and Afghanistan.

Scahill: Ed, this company was a plausible deniability machine. Erik Prince the owner of that company built a parallel infrastructure to the U.S. military. He had an air force with his own aircraft. He had a maritime division. He had Blackwater Select which was providing special operations guys. They were guarding and still do guard U.S. diplomats and ambassadors, including the U.S. ambassador in Afghanistan right now.

Ed I also understand that Blackwater, because it’s owned by such an incredibly wealthy individual did some operations for free. That’s the ultimate deniability under the Bush administration. There were arrangements with Cheney, the C.I.A. and Special Forces where Blackwater’s guys were essentially working for free in operations funded by the owner of that company Erik Prince.

The story here though Ed that everyone seems to be missing is that Blackwater wasn’t just working for the C.I.A. They were working for the Joint Special Operations Command—the U.S. military and we talked about this on your show recently, including in Pakistan where Blackwater simultaneously worked for the C.I.A. and for JSOC. That story is a scandal that needs to be investigated much more thoroughly Ed.

Schultz: Is this relationship between Blackwater and the C.I.A. and the use of Blackwater still in existence under the Obama administration.

Scahill: It certainly is. In fact news breaking as I came on tonight that Leon Panetta the C.I.A. Director is trying to cancel Blackwater’s participation in the C.I.A. drone bombing campaign which has put its operatives on the ground not only in Pakistan but in Afghanistan as well. And so my understanding from both within Blackwater and from outside is that Blackwater remains very active with both U.S. Special Forces and the C.I.A.

Scahill tweeted this before going on Ed's show: #Blackwater is leaking the CIA ops for a reason. It also distracts from ongoing ops that are not CIA.

He also noted that ABC News confirmed his report tonight-Mercenaries? CIA Says Expanded Role for Contractors Legitimate.

You can find more from Scahill at his blog Rebel Reports.


Mike's Blog Roundup

The Reality-Based Community: Precaution, uncertainity, insurance, and morality

Emptywheel: Blackwater, the next installment

Attackerman: Wonder why people think Netanyahu is an enemy of peace?

43-Ideas-Per-Minute: Adventures in Tweeting: Black Lke Me

Crackpot Press: Meghan McCain: So disappointing

HOLY CRAP: GOP likes Christmas...Christianity and the Crash...Serenity Prayer...Hot, steamy Mormons...Jesus writes to 'Christian' America...Miracle...Warren speaks...Is the Tobacco Industry Pro-Life?...Baghdad goes miserable...Freethought of the Day...Second Circumcision...SCOTUS to hear Religious discrimination case...Stealing Christmas...Proselytizing Sheriff


The Rachel Maddow Show: Inside the Contractor's Studio

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I had noted that Rachel ought to have Jeremy Scahill on if she wanted to get to the bottom of what the U.S. is doing in Afghanistan and Pakistan, and lo and behold she did, not that I think I had anything to do with it. I was just glad to see her have Jeremy Scahill on to talk about just what the U.S. is doing in Afghanistan and Pakistan, the President's decision to escalate our presence in Afghanistan and the recent revelation that Erik Prince was acting not only as a military contractor, but a CIA asset as well. You can read Scahill's recent article at The Nation The Secret US War in Pakistan.

Transcript via Nexis Lexis.

MADDOW: By the time President Obama`s new plan for Afghanistan is implemented, there will be 100,000 U.S. troops there -- which means that President Obama will have roughly triple the number of U.S. troops that were in Afghanistan when he took office. That`s the most talked about, but the second most sobering set of numbers of the whole new Afghanistan policy.

The most sobering and perhaps overlooked is that as we look to get up to 100,000 troops in Afghanistan, turns out we`ve already got more than 100,000 contractors there. Yes. U.S. Central Command is telling "Talking Points Memo" that the number of contractors in Afghanistan is 104,000 now. And that number has grown by 30,000 just in the past six months. And the number of contractors is only expected to grow further along with the new troop increase.

The last time we paid a lot of attention to contractors in Afghanistan, some of them were doing vodka shots in places -- yes. Embarrassing the country and themselves and making us wonder all over again why it is that we pay people like this to go to our embassy instead of our own troops.

Here`s a new reason to wonder. Some pretty stunning revelations about the most notorious defense contractor of them all, Blackwater and its founder Erik Prince.

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The Rachel Maddow Show: Obama--War President

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Rachel Maddow weighs in on President Obama's decision to send more troops to Afghanistan and his continuation of the Bush doctrine of preventive war in both Afghanistan and Pakistan. Rachel brought up our CIA's covert action in Pakistan, but she forgot to mention Blackwater. She should have Jeremy Scahill on sometime soon if she wants to get into what we're doing in Pakistan.

OBAMA: And as commander-in-chief, I have determined that it is in our vital national interest to send an additional 30,000 U.S. troops to Afghanistan.

We‘re in Afghanistan to prevent a cancer from once again spreading through that country. But this same cancer has also taken root in the border region of Pakistan. To abandon this area now—and to rely only on efforts against al Qaeda from a distance—would significantly hamper our ability to keep the pressure on al Qaeda, and create an unacceptable risk of additional attacks on our homeland and our allies.

(END VIDEO CLIP)

MADDOW: Tonight at 8:00 p.m. Eastern, this year‘s Nobel Peace laureate escalated the war in Afghanistan—for the second time in just the first year of his presidency.

In March, you will recall this president announced that his new administration had concluded a careful policy review of the options available in Afghanistan then and had decided to send 21,000 more troops.

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Democracy Now: Blackwater’s Secret War in Pakistan

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From Democracy Now, Amy Goodman talks to The Nation's Jeremy Scahill about his recent column Blackwater's Secret War in Pakistan.

AMY GOODMAN: Writing in The Nation Magazine, journalist Jeremy Scahill, Democracy Now! correspondent has revealed Blackwater is secretly operating in Pakistan under a covert program that includes planning the assassination and kidnapping of Taliban and Al Qaeda suspects. Blackwater is also said to be involved in a previously undisclosed U.S. military drone campaign that has killed scores of people inside Pakistan. Blackwater operatives have been working under a covert program run by the Joint Special Operations Command, the military’s top covert operations force. The previously undisclosed JSOC operations would mark the first known confirmation of U.S. military activity inside Pakistan.

A military intelligence source said Blackwater operatives are effectively running the drone bombings for both JSOC and the CIA. The CIA drone program is already public knowledge. But the military source says some of the deadliest drone attacks in attributed to the CIA were actually carried out by JSOC. The article also reveals Blackwater operatives have taken part in ground operations with Pakistani forces under a subcontract with a local security firm. The operations have included house raids and border interdictions in northwest Pakistan and other areas.

Blackwater has also been given responsibility for planning JSOC operations in Uzbekistan. The Nation reports the program has become so secretive the top Obama administration and military officials have likely been unaware of its existence. Independent journalist and Democracy Now! correspondent Jeremy Scahill broke the story for The Nation Magazine. He joins us in our New York studio for its first television interview since the article’s publication last night. Jeremy, welcome to “Democracy Now!” Lay out what you have learned so far.

JEREMY SCAHILL: Well Amy, just by way of background, we do know that beginning in 2006, the Bush administration struck a deal with the Pakistani government that would allow U.S. Special Operations forces from the Joint Special Operations Command to enter Pakistan with the understanding that there were, "Following the target, " the target being Osama bin Laden and his top deputies. As part of that agreement, the Pakistani government insisted they have the right to A, deny that the United States had permission to enter the country and B, be able to condemn U.S. actions in their country as a sort of a violation of their sovereignty. But the understanding was struck in 2006. What I understand now from the military intelligence source and another U.S. military source that confirmed what I was initially told by the military intelligence source, is that in fact there are active covert operations on an ongoing basis that are not just about targeting Osama bin Laden.

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There was a definite method to BushCo's madness: Namely, hire subcontractors to evade the laws that prevent the DoD and the CIA from taking part in torture and assassination. From The Nation:

At a covert forward operating base run by the US Joint Special Operations Command (JSOC) in the Pakistani port city of Karachi, members of an elite division of Blackwater are at the center of a secret program in which they plan targeted assassinations of suspected Taliban and Al Qaeda operatives, "snatch and grabs" of high-value targets and other sensitive action inside and outside Pakistan, an investigation by The Nation has found. The Blackwater operatives also assist in gathering intelligence and help run a secret US military drone bombing campaign that runs parallel to the well-documented CIA predator strikes, according to a well-placed source within the US military intelligence apparatus.

The source, who has worked on covert US military programs for years, including in Afghanistan and Pakistan, has direct knowledge of Blackwater's involvement. He spoke to The Nation on condition of anonymity because the program is classified. The source said that the program is so "compartmentalized" that senior figures within the Obama administration and the US military chain of command may not be aware of its existence.

Sure sounds like Cheney's still got his moles deep inside, doesn't it?

The White House did not return calls or email messages seeking comment for this story. Capt. John Kirby, the spokesperson for Adm. Michael Mullen, Chair of the Joint Chiefs of Staff, told The Nation, "We do not discuss current operations one way or the other, regardless of their nature." A defense official, on background, specifically denied that Blackwater performs work on drone strikes or intelligence for JSOC in Pakistan. "We don't have any contracts to do that work for us. We don't contract that kind of work out, period," the official said. "There has not been, and is not now, contracts between JSOC and that organization for these types of services." The previously unreported program, the military intelligence source said, is distinct from the CIA assassination program that the agency's director, Leon Panetta, announced he had canceled in June 2009.

"This is a parallel operation to the CIA," said the source. "They are two separate beasts." The program puts Blackwater at the epicenter of a US military operation within the borders of a nation against which the United States has not declared war--knowledge that could further strain the already tense relations between the United States and Pakistan. In 2006, the United States and Pakistan struck a deal that authorized JSOC to enter Pakistan to hunt Osama bin Laden with the understanding that Pakistan would deny it had given permission. Officially, the United States is not supposed to have any active military operations in the country.

Blackwater, which recently changed its name to Xe Services and US Training Center, denies the company is operating in Pakistan. "Xe Services has only one employee in Pakistan performing construction oversight for the U.S. Government," Blackwater spokesperson Mark Corallo said in a statement to The Nation, adding that the company has "no other operations of any kind in Pakistan."

A former senior executive at Blackwater confirmed the military intelligence source's claim that the company is working in Pakistan for the CIA and JSOC, the premier counterterrorism and covert operations force within the military. He said that Blackwater is also working for the Pakistani government on a subcontract with an Islamabad-based security firm that puts US Blackwater operatives on the ground with Pakistani forces in counter-terrorism operations, including house raids and border interdictions, in the North-West Frontier Province and elsewhere in Pakistan. This arrangement, the former executive said, allows the Pakistani government to utilize former US Special Operations forces who now work for Blackwater while denying an official US military presence in the country. He also confirmed that Blackwater has a facility in Karachi and has personnel deployed elsewhere in Pakistan. The former executive spoke on condition of anonymity.

His account and that of the military intelligence source were borne out by a US military source who has knowledge of Special Forces actions in Pakistan and Afghanistan. When asked about Blackwater's covert work for JSOC in Pakistan, this source, who also asked for anonymity, told The Nation, "From my information that I have, that is absolutely correct," adding, "There's no question that's occurring."


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From Democracy Now--Judge Rejects Blackwater Attempt to Dismiss Cases Filed by Iraqi Victims:

A federal judge has rejected a series of arguments by lawyers for the private military contractor Blackwater who were seeking to dismiss five war crimes cases brought by Iraqi victims against the company and its owner, Erik Prince. We speak to award-winning investigative journalist and Democracy Now! correspondent, Jeremy Scahill, author of Blackwater: The Rise of the World’s Most Powerful Mercenary Army.

AMY GOODMAN: We’re going to talk about Sudan in a minute, but right now we turn to a major decision here in the United States. I’m Amy Goodman, with Juan Gonzalez. Juan?

JUAN GONZALEZ: Well, a federal judge has rejected a series of arguments by lawyers for the private military contractor Blackwater who were seeking to dismiss five war crimes cases brought by Iraqi victims against the company and its owner, Erik Prince. At the same time, the judge ruled that lawyers for the Iraqi plaintiffs need to amend and re-file their cases to provide more specific details on the alleged crimes before a decision can be made on whether the lawsuits will proceed.

Susan Burke, the lead attorney for the Iraqi victims, told The Nation magazine she was “very pleased with the ruling.” While Blackwater’s spokesperson, Stacy DeLuke said, quote, “We are confident that [the plaintiffs] will not be able to meet the high standard specified in [the judge’s] opinion.”

AMY GOODMAN: For more, we’re joined by Democracy Now! video stream by award-winning investigative journalist and Democracy Now! correspondent, Jeremy Scahill, author of the international bestseller Blackwater: The Rise of the World’s Most Powerful Mercenary Army. His article on the ruling is available online at TheNation.com.

Jeremy, welcome to Democracy Now! It’s being played by the mainstream media as a huge defeat for those who are taking on Blackwater, but you have a very different take. Explain.

JEREMY SCAHILL: Well, I mean, when I got up yesterday morning and saw all these headlines from the Associated Press and other media outlets saying that a federal judge had tossed out all of the lawsuits against Blackwater, I was actually quite stunned. I mean, that would have been a devastating development for the Iraqi victims of the company.

But then I actually got the fifty-six-page ruling from Judge T.S. Ellis, who, by the way, is a Reagan appointee, and I read it. And actually, what you see in this document is that it’s a very well-thought-out legal argument by Judge Ellis, where he’s essentially saying to Blackwater, “Your argument that you can’t be sued as a private company under the Alien Tort Statute is false. Your argument that private individuals or companies cannot commit war crimes is false.”

AMY GOODMAN: Whoops. Looks like we just lost Jeremy. Jeremy is speaking to us by video stream. We’re going to try to get him back on, and we’ll try to get him on the phone. But right now—we’ll do that for the end of the show—we will turn to our next guest. That, consider just a tease for the rest of that subject.

[...]

AMY GOODMAN: We go back right now to Jeremy Scahill to try to complete that conversation on the issue of a federal judge rejecting a series of arguments by lawyers for the private military contractor Blackwater, who were seeking to dismiss five war crimes cases brought by Iraqi victims against the company and its owner, Erik Prince.

Jeremy, we’ve got you back on the Democracy Now! video stream. Very quickly, explain the significance of the case.

JEREMY SCAHILL: Well, I mean, basically, these are five cases brought by Iraqi civilians that were allegedly wounded by Blackwater and the families of Iraqis that were killed by Blackwater. These are very high-stakes cases. Blackwater is fighting passionately to have them thrown out. They’ve made arguments that they, as a company, can’t be sued, that it would violate the rights of the President of United States to make battlefield decisions, and if Blackwater was prosecuted, that would infringe upon the President’s rights. They’ve said that they, as a company, can’t be sued for war crimes, because war crimes can only be committed by state actors or nations. And what we saw here is that this conservative Judge Ellis said to Blackwater, “No, none of that is valid.”

What he did do, though, is he referenced a Supreme Court decision in May, Ashcroft v. Iqbal, which really reversed decades of case law and made it very, very difficult, more difficult, for plaintiffs to have their cases moved to the trial phase. In other words, the bar was set much higher to proceed to trial. So what the judge said to Susan Burke and the Center for Constitutional Rights, the lawyers representing these Iraqis, “You need to re-file your cases with more evidence, and then we’ll take it from there.”

So, while it’s being portrayed by the corporate media as a judge tossing out these cases, that quite clearly is not the case. This was actually a pretty significant defeat for Blackwater and a victory not only for the Iraqis in this case, but also for those lawyers from the Center for Constitutional Rights that have spent decades trying to apply US laws to crimes committed abroad.

Blackwater remains in very, very hot water, not only because of this case, but also the US Justice Department is going to begin its prosecution of five Blackwater operatives for manslaughter charges relating to the Nisoor Square massacre in September of ’07. This is very high-stakes stuff, and the corporate media got it basically absolutely wrong.

AMY GOODMAN: Jeremy Scahill, we’ll leave it there. I want to thank you for being with us, award-winning journalist.


The media, conservatives and the democratic deficit hawks are telling America that the cost of reforming America's health care system better not add one red cent to the deficit. Why doesn't the librul media explain to America that we are paying 10 billion dollars a month on two wars that Americans hate?

I asked Rep. Alan Grayson on a live chat on C&L how much the US of A spends each month on the wars, and he answered thus:

The appropriated cost is around $10 billion a month, which is enough to pay for the entire health care plan by itself. But that doesn't include the future health care costs for injured American soldiers, which is staggering. Nor the cost to the Iraqis or Afghans, of course.

Our soldiers get killed or maimed by one war that has been botched by Bush and we're no closer to a solution in Afghanistan after eight years of occupation and another war that Bush lied us into known as Iraq. The media is uncomfortable whenever we use the word "lie," for some reason. I wish they could give us a truer description of what happened, don't you?

Yet, the media never bothers to explain to us how much money we are actually spending each month that does NOTHING to help Americans. Well, it does fund the military complex and mercenaries like Blackwater, but why the f*&k does it matter to these budget freaks if we have to spend some jack to save the health-care system in the long run? Have they completely decided that America is staying in both countries endlessly and the costs for sustaining these wars is a non-issue?

UPDATE:
You can donate to our "No Means No!" Afghanistan action here.


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Rachel Maddow with the second half of her report on the political witch hunt of ACORN and the problems that the De-Fund ACORN Act is going to bring for private war contractors if it actually passes.

As Rachel notes the De-Fund ACORN Act has a bill of attainder problem. The Constitution prohibits the legislature from enacting bills of attainder, which means the De-Fund ACORN Act must also include "any company that's ever been indicted for breaking campaign finance laws, or that's ever filed fraudulent paperwork with any federal agency". That means a good deal of our military contractors are going to be swept up under the law as well and it cannot only be enforced against ACORN.

Rachel reads off a list of all of the military contractors that would have their funding cut off and goes into the list of other crimes like murder, prostitution and contract fraud that they have committed as well which pale in comparison to what ACORN has been accused of.

Jeremy Scahill is asked whether the war contractors are worried about this law touching them. His answer. "Hell no." It's all about politics and too many in Congress are bought and sold by our military industries. And as he notes, ACORN got pennies when compared the massive sums of money these private contractors received.

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Every once in a while Juan Williams almost gets one right on ClusterFox. While discussing whether the government should be cutting off funds for ACORN, Juan Williams asks Hannity why he's not concerned about the billions of dollars we've been ripped off for by private contractors and our defense department. Of course Hannity has no problem with that since they're "keeping us safe".

HANNITY: And we continue now with our "Great American Panel." Should ACORN lose all federal funds? Juan?

WILLIAMS: Well, yes, if they are guilty of this corruption, yes, they should, you can't have federal money going into a corrupt organization.

Now, I will say this, Sean. Exactly how serious do you think this is? Because the way you play it...

HANNITY: Extreme.

WILLIAMS: ... you would think that this is the basis of all corruption, going to take apart our great country. And you know what? This is miniscule. And most of what ACORN does is help poor people.

HANNITY: Getting tens of millions, getting $8 billion.

WILLIAMS: Forget that. They got about $5 million.

STEWART: The thing is, when you receive that amount of federal dollars or any amount, you should be held accountable. And the face is, whenever the layers are peeled back, the spotlight is put on them. In this case, when it comes to voter fraud, when it comes to using taxpayer money to support campaigns, which they did with the Obama campaign, they should all federal funds...

WILLIAMS: That's not proven. That's not proven.

HANNITY: Obama was a lawyer.

WILLIAMS: That's not -- that's a charge. That's not a fact.

CIANCI: Look, look, ACORN is an association that started back in 1970. It was to empower people. And I'm sure it was started for all the right reasons. Voter registration, helping people get home ownership, finding jobs, raising the minimum wage.

I'm sure the goals are noble, but, unfortunately, as a lot of organizations grow, there's a lot of bad, toxic people who get involved with it. And that's what we have here. The videos speak for themselves. No one made those videos up.

And so does it need to be investigated? Yes. And those congressmen and those senators are not going to stay close to ACORN.

HANNITY: They've gotten over $54 million now.

CIANCI: Over 10 years.

HANNITY: That's our money. On track with the stimulus to get $8.5 billion.

WILLIAMS: But it's not happening. Did you see the vote the other day? It was 80 -- OK, 80...

HANNITY: Because of these two little kids.

WILLIAMS: Eighty-three to seven. So that's Republicans and Democrats. The Census Bureau pulling out.

But I will say something to you. You're a big guy. How come you're not going after people who take billions of dollars? Why don't you go after Blackwater? Why don't you go after the defense industry that rips off our country? You know, these are people...

HANNITY: The industry that keeps us safe.

WILLIAMS: Why don't you go after Wall Street?

HANNITY: Look, how about we go after the corrupt radicals in the Obama administration?

CIANCI: ACORN -- ACORN is an organization that maybe should stay in existence, but not the way it is right now. They shouldn't get a dime.

HANNITY: We only have 30 seconds.

STEWART: They should have zero to do with the census. They should not receive any more funds and have nothing to do with the senses.

WILLIAMS: What about Bernie Madoff and the Wall Street people that do our people...?

(CROSSTALK)

HANNITY: How about we go after the government that bankrupted Social Security and Medicare? How about we go after the government that bankrupt Social Security and Medicare, and Obama that gave us a promise that we'd have 8 percent unemployment?

WILLIAMS: Why don't we go after George Bush, who gives us prescription drug benefits without paying for it?

HANNITY: I'm against it. I'm against it.

(CROSSTALK)

HANNITY: All right, we've got to run. Now, thank you guys. Great panel. Good to see you all.