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Judge: No Military Protection for Blackwater Lawyers

Posted By Joe Palazzolo On November 16, 2009 @ 6:41 pm In News | Comments Disabled

The
defendants, who have never asserted an inability to finance their own security measures, have
offered to reimburse or defray the government for the cost of providing such security measures.
The government opposes the motion, noting that it has already provided the defendants with a
list of private security companies licensed to operate in Iraq and that are principal providers of
security services for U.S. government personnel in Baghdad. Furthermore, the government
argues that this court lacks the authority to order the U.S. military to divert personnel and other
resources from its current mission in Iraq to provide security to the defense team.

Lawyers for a group of former Blackwater guards accused of voluntary manslaughter will not be protected by the U.S. military when they go to Iraq to prepare for trial, a federal judge ruled [1] Monday.

The lawyers requested [2] a military detail similar to that afforded to federal prosecutors and agents as they put together their case against the five former guards, who are charged in the September 2007 shooting deaths of 17 Iraqis in a crowded square in Baghdad.

Justice Department lawyers had called the request “radical” and unnecessary.

Judge Ricardo Urbina, of the U.S. District Court for the District of Columbia, said the guards’ lawyers, “who never asserted an inability to finance their own security measures,” did not show that private security companies operating in Iraq could not ensure their safety.

The government provided the lawyers with a list of companies to pick from, but defense lawyers argued they could not offer the same level of protection as the military. Urbina disagreed.

He wrote:

[T]he defendants have offered no support for the assertion that none of the private security companies identified by the DOD in the September 30 Letter can provide the security necessary for the defense team to safely conduct a pretrial investigation in Iraq.

In his opinion, Urbina cited the regional security officer for the U.S. embassy in Baghdad, who noted that private contractors provide security for a range of government personnel visiting Iraq.

The judge, however, granted the lawyers’ request for updated contact information for the alleged victims and Brady witnesses identified by the government.

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