Constitutional Law, Criminal law, Media, Military, Society

Shadow Army: ABC Discloses Use of Blackwater Contractors as Possible Mercenaries

Brian Ross at ABC has aired the results of his investigation into the use of alleged mercenaries by the United States. I was interviewed on the story, though I was obviously not at liberty to discuss it before it aired yesterday. Ross found evidence that private contractors were being used in Afghanistan, Pakistan, and Iraq for combat missions — a role that raises very disturbing legal and policy questions.

The ABC storyis based on four current and former U.S. military and intelligence officers. The New York Times has also reported that raids against Iraqi insurgents were conducted “almost nightly” between 2004 and 2006, and “the operations became so routine that the lines supposedly dividing the Central Intelligence Agency, the military and Blackwater became blurred.”

Congress has historically moved against the use of private contractors for such purposes. The Defense Department bars the use of private security contractors (PSCs) for combat operations. In the FY2008 National Defense Authorization Act (NDAA), Congress required full reporting on the use and weaponry of PSCs. Such contractors have been involved in controversial shootings such as the shooting of 17 Iraqi civilians at a Baghdad traffic circle in Nisoor Square by Blackwater employees.

The debate over PSCs has been over their use in combat areas, not just their use in combat — a role restricted for our regular forces. However, even their use in combat areas is viewed as inimical by military professionals. The executive summary for the U.S. Naval Academy’s 9th Annual McCain Conference on Ethics and Military Leadership stated this position recently:

We therefore conclude that contractors should not be deployed as security guards, sentries, or even prison guards within combat areas. APSCs should be restricted to appropriate support functions and those geographic areas where the rule of law prevails. In irregular warfare (IW) environments, where civilian cooperation is crucial, this restriction is both ethically and
strategically necessary.

This, however, is not a new position. Congress moved against the use of the Pinkerton Detective Agency after abuses found in crackdown against union organizers. The Anti-Pinkerton Act of 1893 (5 U.S.C. § 3108) barred the government from using private police companies and courts in cases like United States ex rel. Weinberger v. Equifax, 557 F.2d 456, 462 (5th Cir. 1977,) have interpreted this law as barring mercenary contracts. However, the government has blurred the line in Iraq and Afghanistan by defining companies like Blackwater as “guards” and security staff who are allowed to use lethal force in self-defense. See 71 Fed. Reg. 34826.

The CIA has always worked on the principle that it is easier to ask for forgiveness than permission. However, this may have gone too far. As I stated to ABC, the descriptions given by its sources indicate the use of private contractors in clear combat operations. That would, in my opinion, raise serious legal questions.

The New York Times is also reporting that contracts with Blackwater have been cancelled and that there has been significant complaints about the work of a company called Xe Services, which was run by a division of the company called Blackwater Select.

The Pentagon has denied the use of contractors in combat missions despite the ABC sources. It, however, has refused to discuss the use of such private soldiers in the Vibrant Fury operation in 2006.

The use of mercenaries by the United States could have terrible consequences. Such soldiers are not covered by such things as the Geneva conventions and would have little protection if captured. Moreover, regular soldiers could be treated as mercenaries when captured if we blur the distinction. Finally, there was once a robust market for mercenaries that the United States played a major role in shutting down. If we are seen as now employing mercenaries, it could encourage other nations to expand their own use of such private soldiers.

For the video of the segment, click here.

For the Xe story, click here.

157 thoughts on “Shadow Army: ABC Discloses Use of Blackwater Contractors as Possible Mercenaries”

  1. Scahill has the evidence that our regular police forces are trained at Blackwater’s facilities.

    oh and that aint all

    MILITARY POLICE OPERATING AS LOCAL COMMUNITY POLICE OFFICERS: The NCIS Strategy – Develop a regional militarized law enforcement plan detailing areas of concern and how to leverage information sharing for the desired impact

    http://www.ncis.navy.mil/linx/steps.html

    Notice the navy dot mil? OFFICIAL Naval Criminal Investigative Service. Sounds like the Posse Comitatus Act no longer applies.

  3. anon nurse,

    Scahill has the evidence that our regular police forces are trained at Blackwater’s facilities. It was in the interview, but he documents it elsewhere as well.

  4. A rather old Huffington Post story (Jan. 28, 2009)
    by Mike Papantonio:

    http://www.huffingtonpost.com/mike-papantonio/blackwater-expanding-dome_b_161156.html

    “As I write this column, Blackwater is using part of the billion plus dollars they have been paid in mostly no-bid contracts to expand what they call their domestic operations division. That part of Prince’s private army will be able to defy the 130-year old policy of posse comitatus that says that a standing military may not carry out active operations on US soil.”

    Just in case anyone missed it…

  6. Elaine and Jill:

    Jill, you’re correct, of course: “We are a police state.” What follows is a link to an “unprecedented” memo from the mayor of Ithaca, NY to the members of the Ithaca Police Department:

    http://www.theithacajournal.com/assets/pdf/CB1483971211.PDF?GID=FaWEB66P/GJUrjkj55AandNBi0fzotpDMV6t6LdY8cs%3D

    (Refer specifically to Page 2: “Police Concerns” in the following link:)

    “Even more disturbing are reports that the Ithaca Police Department, the city agency charged with the responsibility for promoting safety and security, employs an officer who has worn the Confederate flag in the workplace and other officers who use racist, sexist or homophobic slurs in their interactions with citizens and colleagues,” the letter states.

    What I’ve seen goes way beyond what I’m highlighting here, but I’m including the links because, as you also said, Jill,
    “…something very bad is going on in the US. The contractors serve as a presidential private army, in secret.” The scenes in Ithaca, NY are being played out all around the country, though the scenarios vary slightly. I’ve heard (but can’t confirm) that some law enforcement agencies have employed Blackwater (Xe) for the purposes of training officers. (If anyone could confirm or refute this, I’d appreciate it.)

    Frankly, my experiences leave me feeling downright terrified. Citizens are being targeted for harassment (and worse), but the police are turning a blind-eye and even participating, in some cases, it would seem. We’re in serious trouble.

    Thanks for your specific ideas, Jill — we have to do something constructive to try to effect change.

    “It isn’t the rebels
    who cause the troubles of the world,
    it’s the troubles
    that cause the rebels.”
    — Carl Oglesby, Students for a Democratic Society

  7. Thanks anon nurse and Elaine. I think something very bad is going on in the US. The contractors serve as a presidential private army, in secret. That is unconstitutional and extremely dangerous. I have noticed that what I will call a corporate dictatorship is coming out in the open lately. The despots aren’t even trying to put a pretty face on what they are doing.

    Now we have Gitmo being closed and reopened under new management in Illinois (surprise!) like a cheap restaurant in a strip mall. Chris Hedges spoke of this just recently, how the tyranny abroad comes home eventually. I believe that is exactly what is happening. We are a police state, Because we tend to be docile to authority, they have not yet had to be in too many people’s faces, but they aren’t hiding the dominance as they did before.

    Our people and our govt. is in absolute danger, at the most fundamental level. We have got to fight back and I think a general strike is one good way to go. I thought about how to accomplish this in such economically hard times and here’s what I would do:

    It will have to be organized at local levels. Each town or city will need to pool income in a common bank account by soliciting donations of whatever people can afford. This account must reach a stage where it can pay for people to be off work for 1 or more days, but at least 1 day. Most people are barely or not making it and cannot afford to lose even 1 day of income.

    Babysitting and elder/sick care must be provided to the protesters. There must be food and in cold climates, warmth provided. Lawyers need to donate time in case of arrests. Amateur photographers should be everywhere to document events. Artists, musicians of every kind should be there to make it a festival atmosphere. There is no reason that a protest cannot be full of color, joy and fun. It creates bonds of community between people.

    In other words, it will take planning that accounts for the reality of people’s lives. If you want something to work, you must create the conditions for it to do so and thrive.

    This would be my suggestion, as I have not seen anything work to force either this president or this Congress to help the poor, working and middle class of our nation or to obey our laws.

  10. Terry Gross will interview Scahill on this today on Fresh Air. It should be well worth hearing.

  11. Does anyone know it there’s any truth to the stories about the DEA and DHS employing Blackwater/Xe for domestic operations?

    Something’s up domestically, but I can only speculate about who’s involved, etc.

  12. Drone attacks may be expanded in Pakistan (LA Times, 12/14/2009)
    by Greg Miller & julian E. Barnes

    http://www.latimes.com/news/nation-and-world/la-fg-us-pakistan14-2009dec14,0,3617313,full.story

    Excerpt:
    Reporting from Washington – Senior U.S. officials are pushing to expand CIA drone strikes beyond Pakistan’s tribal region and into a major city in an attempt to pressure the Pakistani government to pursue Taliban leaders based in Quetta.

    The proposal has opened a contentious new front in the clandestine war. The prospect of Predator aircraft strikes in Quetta, a sprawling city, signals a new U.S. resolve to decapitate the Taliban. But it also risks rupturing Washington’s relationship with Islamabad.

    The concern has created tension among Obama administration officials over whether unmanned aircraft strikes in a city of 850,000 are a realistic option. Proponents, including some military leaders, argue that attacking the Taliban in Quetta — or at least threatening to do so — is crucial to the success of the revised war strategy President Obama unveiled last week.

  13. Is Cheney sending out a message, could this be the real reason the Obama administration is choosing side with Yoo instead of letting him hang on the torture charges.

    Dick Cheney isn’t letting up on his criticism of President Obama. He told Politico the president is projecting weakness and more Afghans will turn to the Taliban if they believe the US is going to cut and run from Afghanistan. But his harshest criticism was of the decision to try terrorists in civilian courts.

    “One of their top people will be given the opportunity — courtesy of the United States government and the Obama administration — to have a platform from which they can espouse this hateful ideology that they adhere to,” he said. “I think it’s likely to give encouragement — aid and comfort — to the enemy.”

    “aid and comfort — to the enemy.” = Treason

  15. So lets drop a nuke and get it all over with. GOOD THINKING!!!!!!

    Which by the way the time is running out on Iran. Iran is more of a problem than global warming. In fact if Iran has their way it’s gonna warm up quickly.

    Just Sayin

  18. He didn’t seem to think “by any means necessary” was a good plan.

    Neither is the current ROE. It is exactly why troop morale is at an all time low. This administration has put handcufffs on our soldiers while unleashing drone missiles for effect.

    Death falls from the sky, but the battlefield is won by men.

  19. Just sayin

    Drones are not humans good catch. You get an A for effort in the world of trolls.

  20. In one year the Obama administration has used more drone attacks in Pakistan than Bush did the entire eight years.

    Just Sayin

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