Washington, D.C.–U.S. Representative Jan Schakowsky (D-IL), a member of the House Intelligence Committee, released the following statement today in response to news reports that the State Department granted Blackwater bodyguards immunity from prosecution for the September 16th shootings. This latest news follows an LA Times story from last Friday that said the State Department tried to conceal details of a Blackwater shooting from over two years ago. Schakowsky joined Judiciary Chairman John Conyers (D-MI) and Representative David Price (D-NC) in sending a letter to Secretary Rice and Acting Attorney General Keisler today asking them to answer questions about the immunity that may have been granted to Blackwater employees (letter attached below). Schakowsky also spoke to Gregory Starr, Acting Assistant Secretary of State for the Bureau of Diplomatic Security, about the immunity agreement. Mr. Starr replaced Richard Griffin who was responsible for overseeing private security contractors after he abruptly resigned last Wednesday. "I asked Mr. Starr if it is the policy of the State Department to allow private security contractors to get away with murder. While he said he felt strongly that the law needed to be clarified to make contractors accountable, he said "it might be the case that Blackwater can't be held accountable... for the September 16th incident. The fact that the State Department may have offered these contractors limited immunity may prove to compromise the FBI's criminal investigation. The State Department seems to protect Blackwater because they are dependent on private security contractors. According to internal State Department emails obtained by ABC News, the Department knew at least two years ago that there was no law that clearly holds these contractors criminally responsible, yet the Department did absolutely nothing to change the law. The State Department's addiction to private security contractors has compromised our rule of law and commitment to justice. The lack of oversight has seemingly put private security contractors above the law where they can operate with impunity. The State Department's investigation into the September 16th incident was bungled from the beginning. I believe that there should be an immediate investigation into the State Department's mishandling of this case. Today, Chairman Conyers, Representative David Price and I sent a letter to Secretary Rice and Acting Attorney General Keisler to request more information about the immunity deal....
October 30, 2007
Acting Attorney General Peter D. Keisler
Office of the Attorney General
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
The Honorable Condoleezza Rice
Secretary
U.S. Department of State
2201 C Street N.W.
Washington, D.C. 20520
Re: Immunity in Blackwater Probe Dear Secretary Rice and Acting Attorney General Keisler:
We are deeply concerned about the reported immunity received by Blackwater guards involved in the shooting deaths of 17 Iraqi civilians last month. News reports have indicated that Blackwater guards have refused to be interviewed by the FBI, citing promises of immunity from the State Department.
The seriousness of the shooting incident —— and its effect on the U.S. military's reputation in Iraq —— necessitates a thorough investigation and prosecution of the appropriate Blackwater personnel. As you may know, an initial incident report by U.S. Central Command, which oversees military operations in Iraq, indicated "no enemy activity involved" in the Sept. 16 incident. The report stated that Blackwater guards were traveling against the flow of traffic through a traffic circle when they "engaged five civilian vehicles with small arms fire" at a distance of 50 meters.1 As a witness at the shooting told a CNN reporter, "Each of their four vehicles opened heavy fire in all directions, they shot and killed everyone in cars facing them and people standing on the street."2 After growing diplomatic tension and Congressional scrutiny, FBI agents were sent to Iraq to conduct an investigation. However, a full investigation and prosecution will be difficult when all of the Blackwater guards —— both in the vehicle convoy involved in the shooting and the helicopters above —— were apparently given immunity by investigators from the Bureau of Diplomatic Security, an arm of the State Department.3
It is our understanding that as a result of any immunity given to the guards, prosecutors will have to prove that any evidence they use in bringing criminal charges against the guards was uncovered independently of the guards' initial statements. This would apparently make the prosecution more difficult.
Because the decision to give immunity to Blackwater guards was a serious one and may potentially jeopardize future prosecutions, I ask that you respond to the following questions:
1). Who made the decision to provide immunity to the Blackwater guards? Why was the decision made? Who instructed the guards that they were to receive immunity?
2). Under what legal authority was the immunity granted?
3). What type of immunity was extended and how far does it reach?
4). What is the usual procedure for granting such immunity and was it followed in this case?
5). To what extent does the immunity affect the investigation conducted by the FBI and the subsequent decision to prosecute by the Department of Justice?
6). Was the FBI or the Justice Department consulted before immunity was provided to the Blackwater guards?
7). When will the FBI agents turn over their information to Justice Department prosecutors and when will the prosecutors decide whether prosecution is warranted?
8). What is the status of the incident in which a bodyguard of an Iraqi vice president was shot and killed by a Blackwater contractor last Christmas Eve?4 Why has there been no prosecution to date? Was there any immunity offered, in any form, as part of that investigation? 9) Where are the Blackwater guards, who are under investigation for the September 16 incident, being held? 10) Should the suspects be handed over to the Iraqis for further investigation and possible prosecution?
I ask you to provide responses to these questions by November 7, 2007. I hope that your respective agencies will re-examine any decision to provide guards with immunity as it reinforces the perception that some of these contractors are abusing their power, with impunity, subject to no law whatsoever. Sincerely,
The Honorable John Conyers, Jr.
Chairman
Committee on the Judiciary
The Honorable David E. Price
Member of Congress
The Honorable Janice D. Schakowsky
Member of Congress
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