U.S. Justice Department opens investigation of alleged bribery in Iraq

From Washington comes word that the U.S. Justice Department is investigating allegations that Blackwater Worldwide, the largest outside contractor for the military in Iraq, paid officials of the government in Baghdad to allow the company to keep operating there. The department's fraud section opened the investigation late last year, according to the New York Times. The Iraqi government wanted Blackwater, since renamed Xe Services, expelled from the country following the shooting deaths of more than a dozen civilians in a Baghdad intersection in 2007. Company guards were protecting a diplomatic convoy when they opened fire in Nisour Square, apparently believing they were under attack. The shooting outraged the Iraqi public and led the government to order company employees out of the country. The last reportedly left in May. Five of six former guards allegedly involved in the incident were charged with manslaughter and other charges, but the case against them was dismissed in December out of concern that their rights had been violated. U.S. Vice President Joe Biden said the government would appeal that dismissal. A sixth guard pleaded guilty to a lesser charge in exchange for his testimony. The existence of the bribery investigation was confirmed by three current and former U.S. officials, the newspaper said. The investigation appears to have started after a Times report that Blackwater officials had authorized $1 million in payments to Iraq officials to retain their support in the post-Nisour Square incident environment. If true, such payments would violate federal law barring U.S. companies from bribing officials of other countries. Investigators are working with the U.S. State Department and with federal prosecutors in North Carolina, where a grand jury has been reviewing the Blackwater contracts, the Times said.

Criminal charges dismissed? Iraq responds with lawyers

From Baghdad comes word that Iraq's government plans to help victims of the notorious 2007 shooting in Nisour Square to file lawsuits in the United States against private security guards working for the U.S. government. An Iraqi government spokesman called "unacceptable and unjust" last week's decision by a U.S. judge to dismiss murder and other charges against five employees of Blackwater Worldwide, then the largest U.S. security contractor, according to the Reuters international news service. Fourteen civilians were killed in the 2007 shooting when guards protecting a U.S. convoy opened fire in a crowded Baghdad intersection. The guards claimed they were reacting to gunfire and an explosion when they began shooting, but Iraqi witnesses said the guards shot indiscriminately. "The government will facilitate a lawsuit from Iraqi citizens to sue the guards and the company in a U.S. court," spokesman Ali al-Dabbagh told Reuters. Al-Dabbagh also said the U.S.-backed government in Baghdad would ask the U.S. Justice Department in Washington to review the decision by Judge Ricardo M. Urbina throwing out the charges. The shooting provoked widespread outrage in Iraq and led to a new agreement between Washington and Baghdad that lifted immunity provisions that had protected the private guards from Iraqi law. Blackwater changed its name to Xe Services after the shooting, and Iraq barred the company from working in the country. Dabbagh said Iraq was investigating whether any Blackwater employees were still in the country, Reuters said. "We don't want any member of this company, which committed more than one crime in Iraq, to work in Iraq," Dabbagh said.

Feds move to drop charges against one Blackwater guard

What does it mean that the U.S. Justice Department wants to dismiss criminal charges against one of five former Blackwater security guards facing multiple manslaughter charges for their roles in a 2007 shooting incident in Baghdad in which 14 civilians were killed? Well, it might mean very little, since the charges would be dropped without prejudice and could be refiled later in the case. More likely, it means that a second guard, Nicholas Slatten of Sparta, Tenn., has agreed to give testimony against the four others who still face charges stemming from the shooting of civilians by a private security company hired by the U.S. military to protect diplomats in Baghdad threatened by unrest in the years following the 2003 invasion. The five former guards pleaded not guilty to 14 counts of manslaughter, 20 attempted manslaughter counts and one weapons violation in January. A sixth Blackwater guard, Jeremy P. Ridgeway, 34, of Fallbrook, Calif., pleaded guilty to fewer charges in 2008 in a deal for his testimony, according to the Reuters international news service. The Nisour Square shooting helped to sour relations between Iraq's elected government and the Bush administration, which had destroyed the former government of Saddam Hussein in the aftermath of the 2001 terrorist attacks on the United States. Subsequent investigation found Hussein's government played no role in the 2001 attacks. The incident prompted Iraq's government to refuse to renew Blackwater's authority to operate there, and the company's military contract was not renewed in May. However, Blackwater guards have continued to operate in Iraq while replacement contractors are being sought. The shooting also reignited a debate over the use of private contractors to fulfill duties traditionally handled by soldiers at substantially lower costs. The motion to dismiss charges against Slatten was filed under seal, and no explanation was offered publicly, Reuters said. "While we never comment on sealed motions, it is a long-standing legal principle that charges against a defendant dismissed without prejudice allow the government to recharge the defendant at a later date if the evidence warrants," said Dean Boyd, a Justice Department spokesman. The shooting happened on Sept. 16, 2007, as guards escorted a diplomatic convoy through a crowded Baghdad intersection, Reuters said.

U.S. court system tries to heal itself in detainee case

Yes, it's frustrating how long this is taking. Finally, gradually, it looks like the U.S. court system is going to clean up the worst abuses of the Bush administration. How else to interpret Thursday's decision by a U.S. District Court judge in Washington, D.C., ordering the release of a young Guantanamo Bay detainee who alleged he had been tortured in detention in Afghanistan and mistreated while in U.S. custody? "Enough has been imposed on this young man to date," Judge Ellen Segal Huvelle told in a crowded U.S. District Court courtroom, according to the New York Times. Mohammed Jawad has been in custody since he was accused of throwing a hand grenade that injured two U.S. soldiers and their Afghani interpreter in Kabul, Afghanistan's capital, in 2002. Jawad may have been as young as 14 when he was captured, the Times said. Federal prosecutors have been trying to get Jawad before a military tribunal under the system set up by President George W. Bush after the Sept. 11 attacks. But a military judge ruled last year that the case against Jawad was largely based on confessions he gave after being tortured. Those concerns were reflected in Huvelle's ruling on Thursday. She said the government's case was "riddled with holes," including violations of Jawad's rights and the fact that the confessions would likely not be admissible in court. Huvelle also said from the bench that she "hoped" Jawad would be returned to Afghanistan, where his lawyers said he would be released to his family, the Times said. Unfortunately, the new administration of President Barack Obama has not been much help in this case, the Times said, despite his promise during the 2008 campaign to close the Guantanamo prison by the year's end. A U.S. Justice Department spokesman told the Times on condition of anonymity that the government was considering filing charges against Jawad in civilian court, which could mean years of further delay. It looks like closing the prison was an easy position to take rhetorically but is turning out to be quite difficult and complex as a practical matter. For the courts, years of permitting the government to unabashedly commit gross violations of detainees' rights may finally be coming to an end.