Ouch...

BAGHDAD – Iraqis seeking justice for 17 people shot dead at a Baghdad intersection responded with bitterness and outrage Friday at a U.S. judge's decision to throw out a case against a Blackwater security team accused in the killings.

The Iraqi government vowed to pursue the case, which became a source of contention between the U.S. and the Iraqi government. Many Iraqis also held up the judge's decision as proof of what they'd long believed: U.S. security contractors were above the law.

"There is no justice," said Bura Sadoun Ismael, who was wounded by two bullets and shrapnel during the shooting. "I expected the American court would side with the Blackwater security guards who committed a massacre in Nisoor Square."

What happened on Nisoor Square on Sept. 16, 2007, raised Iraqi concerns about their sovereignty because Iraqi officials were powerless to do anything to the Blackwater employees who had immunity from local prosecution. The shootings also highlighted the degree to which the U.S. relied on private contractors during the Iraq conflict.

But look at the judge who arrived at this painful decision:

Ricardo M. Urbina
Notable cases
[edit] Guantanamo Bay detainees

Urbina presided over a number of habeas corpus petitions submitted on behalf of prisoners at the Guantanamo Bay detention camp.[3] In October 2008, he ordered the release of a small group of Uighur detainees from Guantanamo into the United States because they are no longer regarded as enemy combatants.[4]
[edit] Saeed Hatim v. Barack Obama

On December 16, 2009 Urbina ordered Guantanamo captive "Saeed Hatim" to be released.[5] According to Carol Rosenberg, writing in the Miami Herald Urbina's release order was sealed, and it "brought the so-called habeas corpus scorecard to 32 losses and nine victories by the Pentagon of detainee challenges from Guantánamo Bay, Cuba." Dean Boyd, a Department of Justice spokesman, told Rosenberg the Government was reviewing its options in how to react to the ruling.
[edit] Blackwater Baghdad shootings prosecution

A month before five Blackwater security guards implicated in the September, 2007, Nisour Square, Baghdad, shooting incident were to go on trial before Judge Urbina, on New year's Eve, in a 90-page ruling on December 31, 2009, Judge Urbina did not address the substance of the case but said prosecutors had misused statements made by the defendants under promise of immunity. DOJ spokesman Boyd said the government was considering its options. The immunity issue was a problem that lawyers for the government anticipated as long as a year ago when they briefed Congress on the matter. Judge Urbina dismissed the indictment of the five men who pleaded not guilty to voluntary manslaughter and firearms violations: Paul Slough, Evan Liberty, Dustin Heard, Donald Ball and Nicholas Slatten.[6]

Dozens of Iraqis, including the estates of some of the victims allegedly killed by Blackwater employees, filed a separate lawsuit last year alleging that Blackwater employees engaged in indiscriminate killings and beatings. The civil case is still before a Virginia court. Blackwater contractors had been hired to guard US diplomats in Iraq. The guards said insurgents ambushed them in a traffic circle. Prosecutors said the men unleashed an unprovoked attack on civilians using machine guns and grenades. The shooting led to the unraveling of the North Carolina-based company, which since has replaced its management and changed its name to Xe Services.

Following the letter of the law makes us protect bad guys and idiots along with good guys and smart people.... And we should not have it any other way.

Update: Iraq is going to sue the Blackwater guards involved in the massacre.

The diplomacy of Blackwater in Iraq

Obviously helps win hearts and minds....

While the shooting in Nisour Square has put the issue of private forces in Iraq -- and Blackwater's name specifically -- on the front pages of newspapers around the globe, this is hardly the first deadly incident involving these forces. What is new is that the Iraqi government responded powerfully. Within twenty-four hours of the shooting, Iraq's Interior Ministry announced that it was expelling Blackwater from the country; Prime Minister Nuri al-Maliki called the firm's conduct "criminal."

The next day, the State Department ordered all non-US military officials to remain inside the Green Zone, and diplomatic convoys were halted. The Iraqi government, acting as though it was in control of the country, announced that it intended to prosecute the Blackwater men responsible for the killings. "We will not allow Iraqis to be killed in cold blood," Maliki said. "There is a sense of tension and anger among all Iraqis, including the government, over this crime."

But getting rid of Blackwater would not prove to be so easy. Four days after being grounded, Blackwater was back on Iraqi streets. After all, Blackwater is not just any security company in Iraq; it is the leading mercenary company of the US occupation. It first took on this role in the summer of 2003, after receiving a $27 million no-bid contract to provide security for Ambassador Paul Bremer, the original head of the Coalition Provisional Authority.

Since then, it has kept every subsequent US Ambassador, from John Negroponte to Ryan Crocker, alive. It protects Secretary of State Condoleezza Rice when she visits the country, as well as Congressional delegations. Since its original Iraq contract, Blackwater has won more than $700 million in "diplomatic security" contracts through the State Department alone.

The company's domestic political clout has been key to its success. It is owned by Erik Prince, a reclusive right-wing evangelical Christian who has served as a major bankroller of the campaigns of George W. Bush and his allies. Among the company's senior executives are former CIA official J. Cofer Black, who once oversaw the extraordinary-rendition program and led the post-9/11 hunt for Osama bin Laden (and who currently serves as GOP presidential hopeful Mitt Romney's top counterterrorism adviser), and Joseph Schmitz, the Pentagon Inspector General under Donald Rumsfeld.

So embedded is Blackwater in the US apparatus in Iraq that the incident in Nisour Square has sparked a crisis for the occupation that is both practical and political. Now that Blackwater's name is known (and hated) throughout Iraq, the bodyguards themselves are likely to become targets of resistance attacks, perhaps even more so than the officials they are tasked with keeping alive. This will make their work much more difficult. But beyond such security issues are more substantive political ones, as Blackwater's continued presence on Iraqi streets days after Maliki called for its expulsion serves as a potent symbol of the utter lack of Iraqi sovereignty.

Maliki has been under heavy US pressure to back off his initial demands. While Rice immediately called the Iraqi prime minister ostensibly to apologize, she made a point of emphasizing publicly that "we need protection for our diplomats." A few days later, Tahseen Sheikhly, a representative of Maliki's government, stated, "If we drive out this company immediately, there will be a security vacuum. That would cause a big imbalance in the security situation." Given the carnage of September 16, it was a difficult statement to wrap one's head around.

Maliki then agreed to withhold judgment on Blackwater's status, pending the conclusion of a joint US-Iraqi investigation. If he ultimately goes along with the United States and tolerates Blackwater's presence, the political consequences will be severe. Among those calling for the firm's expulsion is Muqtada al-Sadr. A cave-in by Maliki could weaken his already tenuous grip on power and reinforce the widespread perception that he is merely a puppet of the US occupation. Clearly aware of this, while visiting the United States a week after the shootings, Maliki went so far as to call the situation "a serious challenge to the sovereignty of Iraq" that "cannot be accepted."

[snip]

Iraq's anger would be understandable even if the only incident involving Blackwater was the Nisour shootings -- more so if you take into account the past year of the company's actions. But this is a four-year pattern that goes beyond Blackwater. The system of "private security" being paid billions in US taxpayer dollars has not only continued despite rampant abuses; it has flourished. Blackwater and its ilk operate in a demand-based industry, and with US forces stretched thin, there has been plenty of demand. According to the Government Accountability Office, there are as many as 180 mercenary firms in Iraq, with tens of thousands of employees. Without the occupation and continued funding for the war, these companies would not be in Iraq.

Even though this scandal is about a system, not about one company or "a few bad apples," Blackwater does stand out. While it has no shortage of US and British competitors in Iraq, no other private force's actions have had more of an impact on events in Iraq than those of the North Carolina-based company. Blackwater's primary purpose in Iraq, at which it has been very effective, is to keep the most hated US occupation officials alive by any means necessary. This has encouraged conduct that places American lives at an infinitely higher premium than those of Iraqi civilians, even in cases where the only Iraqi crime is driving too close to a VIP convoy protected by Blackwater guards.

It isn't just the Iraqi government and the country's civilian population that are angered by Blackwater's conduct. Col. Thomas Hammes, the US military official who once oversaw the creation of a new Iraqi military, has described driving around Iraq with Iraqis and encountering Blackwater operatives. They "were running me off the road. We were threatened and intimidated," Hammes said. But, he added, "they were doing their job, exactly what they were paid to do in the way they were paid to do it, and they were making enemies on every single pass out of town." Hammes concluded they were "hurting our counterinsurgency effort."

It is always good to know what is done in our name with our tax money for our country. We should demand our money back.