US Still Paying Blackwater Millions

Friday 07 August 2009

by: Jeremy Scahill  |  Visit article original @ The Nation

<http://www.truthout.org/080809C?n>http://www.truthout.org/080809C?n

     Just days before two former Blackwater 
employees alleged in sworn statements filed in 
federal court that the company's owner, Erik 
Prince, "views himself as a Christian crusader 
tasked with eliminating Muslims and the Islamic 
faith from the globe," the Obama administration 
extended a contract with Blackwater for more than 
$20 million for "security services" in Iraq, 
according to federal contract data obtained by 
The Nation. The State Department contract is 
scheduled to run through September 3. In May, the 
State Department announced it was not renewing 
Blackwater's Iraq contract, and the Iraqi 
government has refused to issue the company an 
operating license.

     "They are still there, but we are 
transitioning them out," a State Department 
official told The Nation. According to the State 
Department, the $20 million represents an 
increase on an aviation contract that predates 
the Obama administration.

     Despite its scandal-plagued track record, 
Blackwater (which has rebranded itself as Xe) 
continues to have a presence in Iraq, trains 
Afghan forces on US contracts and provides 
government-funded training for military and law 
enforcement inside the United States. The company 
is also actively bidding on other government 
contracts, including in Afghanistan, where the 
number of private contractors is swelling. 
According to federal contracting records reviewed 
by The Nation, since President Barack Obama took 
office in January the State Department has 
contracted with Blackwater for more than $174 
million in "security services" alone in Iraq and 
Afghanistan and tens of millions more in 
"aviation services." Much of this money stems 
from existing contracts from the Bush era that 
have been continued by the Obama administration. 
While Obama certainly inherited a mess when it 
came to Blackwater's entrenchment in Iraq and 
Afghanistan, he has continued the widespread use 
of armed private contractors in both countries. 
Blackwater's role may be slowly shrinking, but 
its work is continuing through companies such as 
DynCorp and Triple Canopy.

     "These contracts with Blackwater need to 
stop," says Representative Jan Schakowsky, an 
Illinois Democrat and a member of the House 
Select Committee on Intelligence. "There's 
already enough evidence of gross misconduct and 
serious additional allegations against the 
company and its owner to negate any possibility 
that this company should have a presence in Iraq, 
Afghanistan or any conflict zone-or any contract 
with the US government."

     On July 24 the Army signed an $8.9 million 
contract with Blackwater's aviation wing, 
Presidential Airways, for aviation services at 
Bagram Air Base in Afghanistan. Bagram, home to a 
massive-and expanding-US-run prison, has been the 
subject of intense criticism from the ACLU and 
human rights groups for holdings hundreds of 
prisoners without charges and denying them habeas 
corpus and access to the International Committee 
of the Red Cross.

     The Blackwater aviation contract for 
Afghanistan is described as "Air Charter for 
Things" and "Nonscheduled Chartered Passenger Air 
Transportation." The military signed an 
additional $1.4 million contract that day for 
"Nonscheduled" passenger transportation in 
Afghanistan. These payments are part of aviation 
contracts dating back to the Bush era, and 
continued under Obama, that have brought 
Blackwater tens of millions of dollars in 
Afghanistan since January. In May, Blackwater 
operatives on contract with the Department of 
Defense allegedly killed an unarmed Afghan 
civilian and wounded two others. Moreover, 
Presidential Airways is being sued by the 
families of US soldiers killed in a suspicious 
crash in Afghanistan in November 2004.

     The sworn affidavits from the former 
Blackwater employees, first reported by The 
Nation on August 3, have sparked renewed calls on 
Capitol Hill for the Obama administration to 
cancel all business with Blackwater. "I believe 
that the behavior of Xe, its leadership, and many 
of its employees, puts our government and 
military personnel, as well as our military and 
diplomatic objectives, at serious risk," 
Schakowsky wrote in an August 6 letter to 
Secretary of State Hillary Clinton. "Given this 
company's history of abuse and in light of recent 
allegations, I urge you not to award further 
contracts to Xe and its affiliates and to review 
all existing contracts with this company." 
Schakowsky sent a similar letter to Secretary of 
Defense Robert Gates.

     Meanwhile, VoteVets.org, a leading veterans' 
organization, has called on the House Committee 
on Oversight and Government Reform and the Senate 
Foreign Relations Committee to investigate the 
allegations contained in the sworn declarations 
submitted in the Eastern District of Virginia on 
August 3. VoteVets.org, which has more than 
100,000 members, also appealed to the House and 
Senate Judiciary Committees to "immediately hold 
hearings, and make recommendations on a new legal 
structure" to hold private military contractors 
accountable for alleged crimes.

     "Given the charges made against Xe and Erik 
Prince in these sworn statements, which include 
smuggling and use of illegal arms inside of Iraq, 
as well as the encouraged murder of innocent 
Iraqis, it is essential that these loopholes be 
closed, retroactively, so that Xe, Prince, and 
his employees cannot escape proper prosecution in 
the United States now or in the future," wrote 
the group's chair Jon Soltz, an Iraq War veteran, 
in a letter to Senator John Kerry and other 
lawmakers. "It is absolutely crucial that we show 
Iraqis and the rest of the world that no matter 
who you are or how big your company is, you will 
be held accountable for your conduct-especially 
when in a war zone. Failure to do so only 
emboldens our enemy, and gives them yet another 
tool to recruit more insurgents and terrorists 
that target our men and women in harm's way."

     For its part, Blackwater/Xe issued a 
statement responding to the sworn statements of 
two of its former employees. The company called 
the allegations "unsubstantiated and offensive 
assertions." It said the lawyers representing 
alleged Iraqi victims of Blackwater "have chosen 
to slander Mr. Prince rather than raise legal 
arguments or actual facts that will be considered 
by a court of law. We are happy to engage them 
there."

     What Blackwater/Xe's statement did not flatly 
say is that the allegations are untrue. "I would 
have expected a crisp denial," says military law 
expert Scott Horton, who has followed this case 
closely. "The statement had the look of a denial 
to it, without actually refuting the specific 
allegations. I can understand why from the 
perspective of a corporate public affairs 
officer-just repeating the allegations would be 
harmful and would add to their credibility."

     Blackwater also claims that the accusations 
"hold no water" because, even though the two 
former employees said that they had already 
provided similar information to federal 
prosecutors, no further Blackwater operatives or 
officials have been indicted. The company claims 
that according to the US attorney, the indictment 
of five Blackwater employees for the September 
2007 Nisour Square shootings is "very narrow in 
its allegation" and does not charge "the entire 
Blackwater organization in Baghdad."

     But, as Blackwater certainly knows, there are 
multiple prosecutors looking into its activities 
on a wide range of issues, and more than one 
grand jury can be seated at any given time. 
Simply because indictments were not announced 
regarding other actions when the Nisour Square 
charges were brought by the Justice Department 
does not mean Prince, Blackwater and its 
management are in the clear.

     "We know that the federal criminal 
investigation is still ongoing, so this 
prosecutor's statement was not really anything 
definitive," says Horton. "Second, the 
presumption in US law is that, with fairly rare 
exceptions, crimes are committed by natural 
persons, not by legal entities like corporations. 
A corporation might be fined, for instance, but 
if it's deeply entangled in criminal dealings, 
it's the officers who would be prosecuted. Among 
other things, of course, it's impossible to put a 
corporation in the slammer. So saying that 
Blackwater wasn't charged with any crime really 
doesn't mean much."

     Blackwater says it will formally respond to 
the allegations against Prince and Blackwater in 
a legal motion on August 17 in federal court in 
the Eastern District of Virginia, where Prince 
and the company are being sued for war crimes and 
other alleged crimes by Susan Burke and the 
Center for Constitutional Rights.

     On August 5, Blackwater's lawyers filed a 
motion with the court reiterating their request 
for a gag order to be placed on the plaintiffs 
and their lawyers. That motion largely consisted 
of quotes from two recent Nation magazine 
articles covering the case, including one about 
the allegations against Prince. Despite the fact 
that the affidavits of "John Doe #1" and "John 
Doe #2" were public, Blackwater accused the 
lawyers of "providing this information" to the 
media. Blackwater's lawyers charged that the 
plaintiffs' attorneys comments to The Nation were 
intended "to fuel this one-sided media coverage 
and to taint the jury pool against [Erik Prince 
and Blackwater]," adding that The Nation articles 
and the "coordinated media campaign" of the 
lawyers "demonstrate a clear need for an Order 
restraining extrajudicial commentary by the 
parties and their counsel." On August 7, Judge 
T.S. Ellis III, a Reagan appointee, denied 
Blackwater's motion.

     ----

     Jeremy Scahill, a Puffin Foundation Writing 
Fellow at The Nation Institute, is the author of 
the bestselling Blackwater: The Rise of the 
World's Most Powerful Mercenary Army, published 
by Nation Books. He is an award-winning 
investigative journalist and correspondent for 
the national radio and TV program Democracy Now!

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