Jeremy Scahill: Blackwater Protesters Given Secret Trial, Criminal Conviction

[babylonsister]

Pioneering Blackwater Protesters Given Secret Trial and Criminal Conviction

By Jeremy Scahill, AlterNet. Posted January 29, 2008.

Protesters who re-enacted one of Blackwater's worst civilian massacres in Iraq got jail time, while the real killers remain free.


Last week in Currituck County, N.C., Superior Court Judge Russell Duke presided over the final step in securing the first criminal conviction stemming from the deadly actions of Blackwater Worldwide, the Bush administration's favorite mercenary company. Lest you think you missed some earth-shifting, breaking news, hold on a moment. The "criminals" in question were not the armed thugs who gunned down 17 Iraqi civilians and wounded more than 20 others in Baghdad's Nisour Square last September. They were seven nonviolent activists who had the audacity to stage a demonstration at the gates of Blackwater's 7,000-acre private military base in North Carolina to protest the actions of mercenaries acting with impunity -- and apparent immunity -- in their names and those of every American.

The arrest of the activists and the subsequent five days they spent locked up in jail is more punishment than any Blackwater mercenaries have received for their deadly actions against Iraqi civilians. "The courts pretend that adherence to the law is what makes for an orderly and peaceable world," said Steve Baggarly, one of the protest organizers. "In fact, U.S. law and courts stand idly by while the U.S. military and private armies like Blackwater have killed, maimed, brutalized and destroyed the livelihoods of hundreds of thousands of Iraqis."

A month after the Nisour Square massacre, on Oct. 20, a group of about 50 activists gathered outside Blackwater's gates in Moyock, N.C. There, they reenacted the Nisour Square shooting and staged a "die-in," involving a vehicle painted with bullet marks and blood. The activists stained their clothing with fake blood and dramatized the deadly shooting spree. Some of the demonstrators marked Blackwater's large welcome sign -- with the company's bear claw in a sniper scope logo -- with red hand prints. The demonstrators believed these "would be a much more appropriate logo for Blackwater," according to Baggarly. "We're all responsible for what is happening in Iraq. We all have bloody hands." It took only moments for the local police to respond to the protest, the first ever at Blackwater's headquarters. In the end, seven were arrested.

The symbolism was stark: Re-enact a Blackwater massacre, go to jail. Commit a massacre, walk around freely and perhaps never go to jail. All seven were charged with criminal trespassing, six of them with an additional charge of resisting arrest and one with another charge of injury to real property. "We feel like Blackwater is trespassing in Iraq," Baggarly later said. "And as for injuring property, they injure men, women and children every day." The activists were jailed for five days and eventually released pending trial.

When their day in court arrived, on Dec. 5, the activists intended to put Blackwater on trial, something the Justice Department, the military and the courts have systematically failed to do. Their action at Blackwater, the activists said, was in response to war crimes, the killing of civilians and the fact that no legal system -- civilian or military -- was holding Blackwater responsible. The Nisour Square massacre, they said, "is the Iraq war in microcosm."

But District Court Judge Edgar Barnes would have none of it. So outraged was he at Baggarly, the first of the defendants to appear before him that day, that the judge cleared the court following his conviction. No spectators, no family members, no journalists, no defense witnesses remained. The other six activists were tried in total secrecy -- well, secret to everyone except the prosecutors, sheriffs, government witnesses and one Blackwater official. Judge Barnes swiftly tried the remaining six activists behind closed doors and convicted them all. It was as though Currituck, N.C., became Gitmo for a day.

more...

http://www.alternet.org/rights/75244/?page=entire

[spanone]

1. kick for the disgusting reality of our nation

[babylonsister]

2. Pathetic, isn't it. I can't even believe this is happening, and haven't

heard a peep from anyone who could do something about it.

[sattahipdeep]

9. Yes pathetic...Silent Wings.

Rescuing an American citizen from her American employer
....
"We contacted the State Department first," Poe told ABCNews.com, "and told
them of the urgency of rescuing an American citizen" -- from her American employer





http://www.presstv.ir/detail.aspx?id=38095§ionid=3510203

[Supersedeas]

11. welcome to Bushcountry

[MonkeyFunk]

3. and they appealed that trial

and were retried and re-convicted.

http://hamptonroads.com/2008/01/blackwater-protesters-lose-appeals-closed-trials


And they were freed on time-served:

http://www.dailyadvance.com/news/content/news/stories/2008/01/24/0125bwaterProtesters.html?cxtype=rss&cxsvc=7&cxcat=7

[sattahipdeep]

7. Mary Terese Grace_kneeled and prayed....

Duke delivered the sentences after arguing the importance of
obeying the law in order to maintain a stable society.



Anne E. Tyrrell, director of public affairs for Blackwater Worldwide, issued
this following statement following the outcome of Thursday's sentencing :puke:

"Many of the extraordinary professionals currently working for Blackwater
are veterans who served their country in support of — among other things — the
right to free speech and to peacefully protest in accordance with the law.
We respect every person's right to speak out in support of his or her beliefs, but
if laws are violated it is the court system's responsibility to hold them accountable."


http://www.dailyadvance.com/news/content/news/stories/2008/01/24/0125bwaterProtesters.html?cxtype=rss&cxsvc=7&cxcat=7


Is there a connection between the Krongards and the State Department's
systematic cover-up campaign for Blackwater? Unsurprisingly, Blackwater's
spokesperson, Anne Tyrrell, said, "We do not see a conflict of interest."
But these aren't questions for the company's PR people. These are questions
that must be answered by the brothers Krongard under oath.
http://www.alternet.org/story/68134/?page=entire


http://oversight.house.gov/story.asp?ID=1633

[bbgrunt]

13. thanks for that link

[arendt]

4. Proud to be rec #5 to show that we now are, shamefully, a gangster nation. n/t

[Fredda Weinberg]

5. Actually, the court did what courts do ... keep order. Secret trials do not

keep public transcripts. Why do you buy this crap?

[arendt]

8. I buy it because the judge was shamefully biased, and Jeremy S. is a well-known...

and non-hysterical writer.

I buy it because Blackwater is a bunch of goons.

I buy it because the whole thing smells like a banana republic.

-----

Interesting that you would preach "order". Too much of the wrong kind of "order" is exactly the problem in this country. Or haven't you noticed?

arendt

[MonkeyFunk]

10. and they appealed

and were retried.

They've since been freed.

It's not like they were shuffled off to gitmo.

And judges do, on occasion, clear the courtroom to keep order.

[arendt]

12. So, if they appealed and won, why tell me the story has no merit?

Basically, the first judge was not only wrong about the merits of the case; he was overboard on the "need" to clear the courtroom.

Scahill's report states there was absolutely no disturbance in the courtroom.

I am sick of the constant over-reaction and knee-jerk declarations of secrecy by rightwing judges. This judge clearly had an axe to grind; as are most Dems. Why are you defending another courtroom Napoleon?

arendt

[Fredda Weinberg]

14. They appealed and lost. Please, surrender gracefully

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=389&topic_id=2785075&mesg_id=2785213

[arendt]

17. So they lost. That doesn't make it right for the judge to run the trial in secret.

The protestors protested in order to have a day in court. The judge denied them that. That's why the ACLU intervened.

If this precedent stands, then ANY political trial can AND WILL BE run in secret if the powers that be want it so. He can claim that a raised eyebrow constitutes "disruption".

And the fact that this egregiously bad behavior happens in a protest against Blackwater just makes the in-your-face intimidation of protestors that much more dangerous.

Blackwater is the worst threat to this country I have ever seen. Armed mercenaries on our soil. Answerable to no one, either here or in Iraq.

And you tell us that there is no problem. Justice has been served.

I really do not get you.

arendt

[Fredda Weinberg]

19. Once again ... a secret trial does not publish public transcripts

The audience was cleared ... this is part of a judge's duty: to maintain order in the courtroom.

You've misunderstood the facts in this case from the beginning, yet you wish to maintain your outrage? This is irrational.

[druidity33]

21. did you read the article?

a 4 paragraph quote:

"It's not unusual for a judge to clear a courtroom when there is a disruption by the public. Nor is it rare for judges to try to prevent activists from turning the tables and attempting to put the government -- or in this case a mercenary company -- on trial. But witnesses that day report that there was no disruption -- and the defendants say they were immediately cut off when they strayed from the narrow scope of the trespass charge to discuss Blackwater's actions or the war. So why clear the courtroom? That may be a question for Judge Barnes in the end, but it's hard not to view his conduct through the same veil of secrecy that shrouds all of Blackwater's actions -- and the seemingly endless lengths to which the Bush administration will go to protect Blackwater.

That was certainly how the activists saw it. "He didn't want people influenced by our message," Baggarly said. "There have been hundreds of thousands of civilian casualties in Iraq. If we're going to speak about that, nobody is allowed to hear it."

The North Carolina chapter of the ACLU quickly stepped in, saying it knew of no similar action in any previous criminal trials in the state. "It's a clear violation of constitutional rights, not only of the defendants but the press and public," said Katy Parker, the group's legal director. "They have a right to a public trial, so any trial that goes on behind closed doors is a farce." She added, "We are very concerned about this reported disrespect for the laws of our land by a member of the judiciary, especially in a controversial and politically laden case such as this." The ACLU filed a complaint against Barnes with the North Carolina Judicial Standards Commission, asking it to investigate him.

The activists appealed their convictions and were back in court last week, on Jan. 24, in front of Superior Court Judge Russell Duke. Unlike Judge Barnes, Duke allowed the defendants some freedom of speech and graciously decided to let the public witness the daylong trial. In his statement before the court, Baggarly recalled the story of one of the Nisour Square victims he and his fellow activists attempted to dramatize in their protest: "Mohammed Hafiz was driving four children when Blackwater mercenaries riddled the car with bullets. His ten-year-old son Ali was shot in the head. Mohammed had to gather up pieces of the child's skull and brains for the burial. During one point in the massacre, Blackwater operatives concentrated fire on a passenger bus. A small boy fled the bus in terror and was shot down as was his mother who ran after him."



btw, Scahill is a regular producer of democracy Now! with Amy Goodman.

[annabanana]

23. (I'm guessing no). . . n/t

[OneGrassRoot]

6. It's all a friggin nightmare. A sad K&R n/t

[Blue_Tires]

15. ttt

shadow government, shadow military

[peace frog]

25. shadow courts

shadow justice

[aint_no_life_nowhere]

16. I think the protestors won what they were after

The ones who demonstrated outside of Blackwater property weren't charged. The ones who trespassed and defaced a sign got their day in court. To me, it's clear that what they were after was media attention focused on the nefarious activities of Blackwater. The judge cleared the courtroom in the first trial, something he has a right to do but, since the courtroom was peaceful and the defendants were not disruptful, a step in which he may have abused his discretion. A complaint has been filed against the judge, but these types of complaints are rarely acted upon. But the protestors received a second hearing at which the media was allowed attend and cover. That's what they were after, I think. Only a handful got about five days in jail (time already served), a sentence which probably reflects the minor offense of mere trespass and putting red hand prints on a sign. The judge even made a statement to the effect that they were good and gentle people. I think the protestors wanted to be arrested, tried, and allowed to eventually bring their message before the public. I don't think they were expecting to actually be exonerated for their acts.

[VotesForWomen]

18. war is peace. nt

[Canuckistanian]

20. Did the judge invoke the State Secrets clause?

If he didn't, then this case is obviously appealable.

This is a blatant misuse of the justice system.

This could also be the ultimate test of Habeus Corpus and whether it applies to domestic law any more.

[Orwellian_Ghost]

22. I see some good citizens

of the empire don't get the implications of this. Obedient little dittys aren't they?

K&R

[99th_Monkey]

24. This is truly chilling to the bone stuff ...

The fix was in for Blackwater murderers from the get-go. It's pathetic that NOTHING's been done, not even a token lowling
falls on their sword ... not even ANY symobolic gesture whatsoever to hold up as a fig leaf to try to cover their crimes or
to atone for the blood of a million dead Iraqis dripping from their hands.

Literally takes ones breath away..well, that and smoking a pack a day. :smoke:

[happygoluckytoyou]

26. LUCKY FOR THEM GUARDS DIDNT SHOOT THEM FROM WITHIN THE GATES

TRY TO REMEMBER THIS WHEN YOU VOTE FOOLS

[groovedaddy]

27. More nails in the coffin of democracy while hoisting the flag of fascism!

Who will stop this shit!?!

[moodforaday]

28. too late to rec but I can still

kick some!