Sen. McCain Calls on Justice Dept. to Appeal Blackwater Massacre Case

[laststeamtrain]

Source: Rebel Reports

Sen. McCain Calls on Justice Dept. to Appeal Blackwater Massacre Case

By Jeremy Scahill

During a visit to Iraq, Republican Senator John McCain called on the US Justice Department to appeal the dismissal of all charges against the five Blackwater operatives accused of being the shooters at the Nisour Square massacre in Baghdad in 2007.

“We hope and believe that the ruling will be appealed,” McCain said while seated next to Iraqi Prime Minister Nouri al Maliki in Baghdad. “Our sympathy goes out to the families of those who were killed and injured in this very unfortunate and unnecessary incident.”

The Justice Department has not commented on what it plans to do. The case was dismissed on New Year’s Eve by US District Judge Ricardo Urbina, but not for lack of evidence or because the men were found not guilty. Urbina alleged that prosecutors had “recklessly violated the constitutional rights” of the Blackwater operatives by using statements the men had given after the shooting with the promise of immunity.

The five men were set to stand trial in February in Washington DC on 14 counts of manslaughter and weapons violations. A total of 17 Iraqi civilians were killed at Nisour Square and more than 20 others wounded. Some people were shot as they fled Blackwater’s forces, others while they had their hands raised in the air, according to the Justice Department.

Read more: http://rebelreports.com/post/318757804/sen-mccain-calls-on-justice-dept-to-appeal-blackwater

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McCain hopes Blackwater charges will be reinstated

Senator John McCain told Iraqis that he 'hopes and believes' that criminal charges against five Blackwater security guards accused of killing Iraqi civilians will be reinstated. (Jan. 5) (The Associated Press) ... http://www.washingtonpost.com/wp-dyn/content/video/2010/01/05/VI2010010502257.html

[gateley]

1. Whaaaat? Will he change his tune when he's back on US soil? nt

[Robb]

2. McCain can say whatever he wants.

He knows the prosecutors screwed up (or took a dive) and there's no way the legal system can try those guys properly. This is a pretty safe pander on his part.

[Jefferson23]

4. From Democracy Now interview yesterday with Scott Horton on the subject.

snip* AMY GOODMAN: Dr. Jawad, talking about what happened to his wife and his son, as they were gunned down in Nisoor Square by the Blackwater operatives. Now the case against them has been dismissed. Scott Horton, can another case be brought against them?


SCOTT HORTON: Absolutely. In fact, this decision puts the US in breach of its treaty obligations to prosecute this case, which was an absolute international law obligation. Now, this case was being prosecuted in US court because of an order that was issued by the US occupation authorities that granted these people immunity from Iraqi criminal prosecution and accountability.


And I think the rule of international law is quite well settled. If the US cannot, for technical reasons—that’s this ruling here, it is purely technical, has nothing to do with the merits of the case—if the US cannot, for technical reasons, prosecute the case, the US is really obligated to waive the immunity under that order and surrender these individuals to the Iraqi authorities for prosecution, probably with an agreement as to what charges will be brought and an agreement that any prison term they were sentenced to could be served in the United States.


In addition to that, there’s also the possibility, that was alluded to in the setup here, for a civil action, and civil claims on behalf of the families of the victims are already pending in US courts. And the Iraqi government has now announced it’s going to directly support those claims.

http://www.democracynow.org/2010/1/4/judge_dismisses_all_charges_against_blackwater

[Robb]

5. Both are options, true

A civil trial (likely) and forking them over to the Iraq system (no chance in hell)... but McCain didn't call for either of those things. He called for an appeal from Justice, which can't happen.

[ArcticFox]

8. Justice delayed???

If what we heard in that interview is accurate (and I have no doubt it is), then an appeal would serve only to delay bringing these mercenaries to justice. It seems clear from what I heard that there is no chance in hell the Justice Department will put together a competent prosecution even if they take a second shot at it. An appeal would gum this up for years while allowing the U.S. to claim it is fulfilling its treaty obligations. What's the old adage? Justice delayed is justice denied.

I say send them to be tried in Iraq.

[MadMaddie]

3. McCain will change his mind next week

Nothing to see here folks.....move along.

[TheCowsCameHome]

6. ...as soon as he remembers where he put it.

[pundaint]

9. It will only appear to be a memory, to him it will be like a brand new discovery.

[MadMaddie]

12. he..he..

[pjt7]

7. Good for McCain

If he pushes this in America & makes it happen, I'll salute him.

[pundaint]

10. Traitor John arguing against his governments position on foreign soil.

Did somebody mention to him, he didn't win last year? ...no, I mean today, since he last awoke.

[Kablooie]

11. I, for one, give him honorable credit for this.

He's not quite the mind dead Republican that most of them are.

He's mistaken in most of his choices but I've always felt that at least he's human under there.

Most of them aren't.

[DavidDvorkin]

13. I'll give him credit for this, too

I wonder how his fellow Republicans will react to him.

[Vidar]

14. McCain's right for once.