In Florida Legal Case, Blackwater Demands Taliban Treatment
| Thu Jun. 19, 2008 12:02 PM PDT
There's no telling how the Iraqi legal system would have dealt with last September's shooting incident in a Baghdad traffic circle, during which Blackwater operators killed 17 Iraqi civilians and wounded 24 others. It never got the chance to weigh in because U.S. contractors—thanks to a last-minute order passed by the outgoing Coalition Provisional Authority—are immune from Iraqi law. That's how Blackwater prefers it... and perhaps with good reason; Iraq's legal system is not known for fair and principled jurisprudence. Just look at the footage of Saddam's execution.
It may seem strange then that Presidential Airways, a Blackwater sister company also owned by Erik Prince, is arguing in a Florida courtroom that its contractors in Afghanistan should be tried under Islamic Sharia law—you know, the legal code of the Taliban. The case deals with a 2004 incident, detailed in a memorandum (.pdf) released last October by Rep. Henry Waxman's Committee on Oversight and Government Reform, in which contractor pilots took a low-altitude joy ride through an uncharted area of the Afghan mountains, colliding with one of them and killing everyone aboard, including U.S. soldiers. The families are now suing Presidential Airways for damages.
So, how does Prince reconcile subjecting Presidential Airways pilots to local law, while simultaneously arguing that his contractors in Iraq are above it? Here's his answer, according to the Raleigh News & Observer:
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Continued From Above
Prince was asked to justify having a case involving an American company working for the U.S. government decided by Afghan law.
"Where did the crash occur?" Prince said. "Afghanistan."
Joseph Schmitz, Prince's general counsel, said Presidential Airways was asking the federal judge to follow past U.S. cases where courts have applied another country's laws to resolve damages that occurred overseas...
In April, Presidential asked a federal judge in Florida to dismiss the lawsuit because the case is controlled by Afghanistan's Islamic law. If the judge agrees that Afghan law applies, the lawsuit would be dismissed. The company also plans to ask a judge to dismiss the lawsuit on the constitutional grounds that a court should not interfere in military decision-making.
The National Transportation Safety Board has blamed the crash on Presidential for its "failure to require its flight crews to file and fly a defined route," and for not providing oversight to make sure its crews followed company policies and Pentagon and FAA safety regulations.
So, Mr. Prince, where did the September shootings occur? Iraq. Not like that matters when you treat the law like a buffet table. The Florida legal case is true to form for Blackwater, and indeed for the rest of the private security business: with no universally applicable laws to reign them in, firms like Blackwater are free to pick and choose which ones they'll follow. Sometimes, when convenient, those laws appear to include the ones passed down from the Prophet Muhammad.
Comments
What I demand from the Congress before it passes any legislation in regards to FISA is a clear definition of the words "terrorism" and "terrorist". It strikes me as incredible that we are in a war against undefined terms. These terms must be legally defined or else Congress will pass into legislation the ability to incriminate itself and the whole US government as terrorists themselves or anyone at all?since the government at present views every single American as a "terrorist"!
The widespread surveillance of American citizens is in itself terrorism?it says you are all guilty of a crime hence the freedom to spy on all Americans?who are terrorist suspects.
The Patriot Act is terrorism?we fought our war of independence to destroy precisely the mentality that is embodied in this Orwellian fascistic piece of legislation?the legislation is itself an act of terrorism meaning that those who passed are "terrorists"
The denial of due process is terrorism
The denial of habeas corpus is terrorism
The attack on Iraq, to which no WMD exist is terrorist aggression
The defiance of the UN Security Council in regards to resolution 1441 and to go to war without UN approval is terrorism
The fact that no aggression towards us was made by the Iraqi state means our actions are also terrorism (unprovoked aggression is terrorism)
The fact that the evidence and claims made against Iraq were wrong on each and every point?this too qualifies as terrorism. Because it means that the very methodology by which we posit our claims is so throughly corrupt that is is a danger to all humanity.
The Iraq War can be depicted as a crime against humanity?meaning it is terrorism
That the methodology by which we claim that someone is a terrorist is provably flawed?because it is obvious that the means by which we make our claims would not hold up in US court of law given the laws which exist today?so why should we adopt procedures that are already proven false and untrustworthy?
When the US erects a prison on Guantanamo Bay and claims the laws of the US in regards to human rights do not apply then this means that the president must order an immediate invasion of Guantanamo Bay so as to claim that the US law be declared binding (otherwise the president is not abiding by the oath of his office) Guantanamo is under US jurisdiction and there are no grounds existing on Guantanamo to not uphold US law. Guantanamo is not under a system of Lord Protectorate because it is not in a state of war or anarchy!
Torture of prisoners is terrorism
The indefinite detainment of prisoners is terrorism
The use of rendition is terrorism
Because we have invaded Iraq partly on the pretext of human rights violations and "to bring them democracy", then we must also admit that Guantanamo Bay is a terrorist bastion since it is not subject to the principles of democratic justice.
The perquisite for spying on individuals is a FISA court warrant but companies who broke the law cannot be ordering the FISA court to say that it was okay all just the same. The Telecom companies must pay for breaking the law or else they too will be terrorists
In fact unless there a reversal in regards to how our government portrays its role in relation to "intelligence", it total disregard for the constitution and its respect for the American people and it will suddenly discover that the very grounds for the Declaration of Independence were to "counter terrorism". That the idea in creating government is to have order and the reason for having civilian rights guaranteed are a safeguard against tyranny.
The very grounds that led Thomas Jefferson to write the Declaration of Independence have already been breached by the Bush administration with complete compliance of Congress and Supreme Court and Attorney General! This is also terrorism or what amounts to the same thing?it is called Tyranny!
Private contractors are "terrorists" because they abide by no laws?when the US government says Blackwater is not guilty of any crime them it means it is okay to commit murder, just so long as the people murdered are Iraqis?soon we will see Blackwater policing the streets of America under exactly the same kind of fascistic mentality. In other words it is illegal to be terrorists unless you are employed by the US government to act as terrorists??
Terrorism is a general term and yet if we are at war with it then define the enemy or else declare an end to this absurd war.
Add to the list
What I demand from the Congress before it passes any legislation in regards to FISA is a clear definition of the words "terrorism" and "terrorist". It strikes me as incredible that we are in a war against undefined terms. These terms must be legally defined or else Congress will pass into legislation the ability to incriminate itself and the whole US government as terrorists themselves or anyone at all?since the government at present views every single American as a "terrorist"!
The widespread surveillance of American citizens is in itself terrorism?it says you are all guilty of a crime hence the freedom to spy on all Americans?who are terrorist suspects.
The Patriot Act is terrorism?we fought our war of independence to destroy precisely the mentality that is embodied in this Orwellian fascistic piece of legislation?the legislation is itself an act of terrorism meaning that those who passed are "terrorists"
The denial of due process is terrorism
The denial of habeas corpus is terrorism
The attack on Iraq, to which no WMD exist is terrorist aggression
The defiance of the UN Security Council in regards to resolution 1441 and to go to war without UN approval is terrorism
The fact that no aggression towards us was made by the Iraqi state means our actions are also terrorism (unprovoked aggression is terrorism)
The fact that the evidence and claims made against Iraq were wrong on each and every point?this too qualifies as terrorism. Because it means that the very methodology by which we posit our claims is so throughly corrupt that is is a danger to all humanity.
The Iraq War can be depicted as a crime against humanity?meaning it is terrorism
That the methodology by which we claim that someone is a terrorist is provably flawed?because it is obvious that the means by which we make our claims would not hold up in US court of law given the laws which exist today?so why should we adopt procedures that are already proven false and untrustworthy?
When the US erects a prison on Guantanamo Bay and claims the laws of the US in regards to human rights do not apply then this means that the president must order an immediate invasion of Guantanamo Bay so as to claim that the US law be declared binding (otherwise the president is not abiding by the oath of his office) Guantanamo is under US jurisdiction and there are no grounds existing on Guantanamo to not uphold US law. Guantanamo is not under a system of Lord Protectorate because it is not in a state of war or anarchy!
Torture of prisoners is terrorism
The indefinite detainment of prisoners is terrorism
The use of rendition is terrorism
Because we have invaded Iraq partly on the pretext of human rights violations and "to bring them democracy", then we must also admit that Guantanamo Bay is a terrorist bastion since it is not subject to the principles of democratic justice.
The perquisite for spying on individuals is a FISA court warrant but companies who broke the law cannot be ordering the FISA court to say that it was okay all just the same. The Telecom companies must pay for breaking the law or else they too will be terrorists
In fact unless there a reversal in regards to how our government portrays its role in relation to "intelligence", it total disregard for the constitution and its respect for the American people and it will suddenly discover that the very grounds for the Declaration of Independence were to "counter terrorism". That the idea in creating government is to have order and the reason for having civilian rights guaranteed are a safeguard against tyranny.
The very grounds that led Thomas Jefferson to write the Declaration of Independence have already been breached by the Bush administration with complete compliance of Congress and Supreme Court and Attorney General! This is also terrorism or what amounts to the same thing?it is called Tyranny!
Private contractors are "terrorists" because they abide by no laws?when the US government says Blackwater is not guilty of any crime them it means it is okay to commit murder, just so long as the people murdered are Iraqis?soon we will see Blackwater policing the streets of America under exactly the same kind of fascistic mentality. In other words it is illegal to be terrorists unless you are employed by the US government to act as terrorists??
Terrorism is a general term and yet if we are at war with it then define the enemy or else declare an end to this absurd war.
Add to the list
What I demand from the Congress before it passes any legislation in regards to FISA is a clear definition of the words "terrorism" and "terrorist". It strikes me as incredible that we are in a war against undefined terms. These terms must be legally defined or else Congress will pass into legislation the ability to incriminate itself and the whole US government as terrorists themselves or anyone at allsince the government at present views every single American as a "terrorist"!
The widespread surveillance of American citizens is in itself terrorismit says you are all guilty of a crime hence the freedom to spy on all Americanswho are terrorist suspects.
The Patriot Act is terrorismwe fought our war of independence to destroy precisely the mentality that is embodied in this Orwellian fascistic piece of legislationthe legislation is itself an act of terrorism meaning that those who passed are "terrorists"
The denial of due process is terrorism
The denial of habeas corpus is terrorism
The attack on Iraq, to which no WMD exist is terrorist aggression
The defiance of the UN Security Council in regards to resolution 1441 and to go to war without UN approval is terrorism
The fact that no aggression towards us was made by the Iraqi state means our actions are also terrorism (unprovoked aggression is terrorism)
The fact that the evidence and claims made against Iraq were wrong on each and every pointthis too qualifies as terrorism. Because it means that the very methodology by which we posit our claims is so throughly corrupt that is is a danger to all humanity.
The Iraq War can be depicted as a crime against humanitymeaning it is terrorism
That the methodology by which we claim that someone is a terrorist is provably flawedbecause it is obvious that the means by which we make our claims would not hold up in US court of law given the laws which exist todayso why should we adopt procedures that are already proven false and untrustworthy?
When the US erects a prison on Guantanamo Bay and claims the laws of the US in regards to human rights do not apply then this means that the president must order an immediate invasion of Guantanamo Bay so as to claim that the US law be declared binding (otherwise the president is not abiding by the oath of his office) Guantanamo is under US jurisdiction and there are no grounds existing on Guantanamo to not uphold US law. Guantanamo is not under a system of Lord Protectorate because it is not in a state of war or anarchy!
Torture of prisoners is terrorism
The indefinite detainment of prisoners is terrorism
The use of rendition is terrorism
Because we have invaded Iraq partly on the pretext of human rights violations and "to bring them democracy", then we must also admit that Guantanamo Bay is a terrorist bastion since it is not subject to the principles of democratic justice.
The perquisite for spying on individuals is a FISA court warrant but companies who broke the law cannot be ordering the FISA court to say that it was okay all just the same. The Telecom companies must pay for breaking the law or else they too will be terrorists
In fact unless there a reversal in regards to how our government portrays its role in relation to "intelligence", it total disregard for the constitution and its respect for the American people and it will suddenly discover that the very grounds for the Declaration of Independence were to "counter terrorism". That the idea in creating government is to have order and the reason for having civilian rights guaranteed are a safeguard against tyranny.
The very grounds that led Thomas Jefferson to write the Declaration of Independence have already been breached by the Bush administration with complete compliance of Congress and Supreme Court and Attorney General! This is also terrorism or what amounts to the same thingit is called Tyranny!
Private contractors are "terrorists" because they abide by no lawswhen the US government says Blackwater is not guilty of any crime them it means it is okay to commit murder, just so long as the people murdered are Iraqissoon we will see Blackwater policing the streets of America under exactly the same kind of fascistic mentality. In other words it is illegal to be terrorists unless you are employed by the US government to act as terrorists??
Terrorism is a general term and yet if we are at war with it then define the enemy or else declare an end to this absurd war.
Add to the list
Why does Blackwater exist?
Why did Blackwater receive Billion dollars in contracts extending to 2009 ?.
Is Blackwater the United States S. S.?Who or What makes them a legal arm of the U.S. Government?
I would like to know the answers to these questions.
Submitted by Legacy on Fri Jun. 20, 2008 10:52 AM PDT.
Matthew, I think you're mistaken...
http://www.merriam-webster.com/dictionary/colliding
Maybe you should read on.
Why does Blackwater exist?
Why did Blackwater receive Billion dollars in contracts extending to 2009 ?.
Is Blackwater the United States S. S.?Who or What makes them a legal arm of the U.S. Government?
I would like to know the answers to these questions.
Blackwater is the US version of Stasi, check out the youtube videos of some of the aftermath of Katrina where people's doors and being kicked in and they are beaten while having their personal firearms taken from them. This is Darth Cheney's personal stormtrooper army and he uses them quite liberally.
Shari'a Law is not specifically Afghan. It is the legal/moral/religious code that is practiced by all Muslims, and is defined by the Qur'an and the Hadiths (stories about Muhammad's actions). Yes, it may be strict, but it is NOT the same code as the one the Taliban enforced. They bastardized and subverted Shari'a Law and turned it to their own ends. Nowhere in the Qur'an does it support suicide bombings OR the killings of others.
My comments are sheer speculation but this article got me thinking about how contacting companies get paid on a cost + model. I wonder if the pilots were allowed/encouraged to take non standard routes to burn more fuel. It almost makes sense, turn a blind eye to pilots joy riding and it'll lead to higher fuel costs which leads to increased profit. Again just speculation.
I agree with Kirilovslogic's post.
Didn't the Supreme Court or Congress one say that Blackwater had to abide by the rules of the military? I definitely remember something to that effect. If so, then Blackwater should be abiding by the rules of the military, although that was probably some more propaganda crap. I am so sick of our own government propagandizing us.
It is time for Obama. It is time for a change and a real change, not just shift change with McCain.
Submitted by 007rajaash (not verified) on Sat Jun. 21, 2008 7:17 AM PDT.
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