blackwater Tag Archives — Court-Martial Trial Practice Blog

CEJA

October 1, 2010 | The Law Office of Philip D. Cave

Missye Brickell, Filling the Criminal Liability Gap for Private Military Contractors Abroad: U.S. v. Slough and the Civilian Extraterritorial Jurisdiction Act of 2010, 2 Leg. & Policy Brief.

Abstract
To ensure that all contractors who commit crimes in Iraq and Afghanistan can be prosecuted effectively in the United States, Congress must pass legislation to update Federal criminal law and fill the gaps that may leave certain types of contractors free from any criminal liability. The Civilian Extraterritorial Jurisdiction Act of 2010 (CEJA) attempts to do just that, and while it may deter some PMCs from participating in the U.S. military and security contracting market, the benefits of having a fully accountable U.S. legal system outweigh the drawbacks for individual contracting companies.

(The memorandum opinion dismissing Slough is here.)

Up periscope

March 11, 2010 | The Law Office of Philip D. Cave

Army Times reports.The Army says a soldier who returned to a hero’s welcome in Wisconsin misrepresented his rank, badges and the origin of his injuries.

FayObserver reports:

The 11th juror was provisionally seated in the court-martial of Army Master Sgt. Timothy B. Hennis on Wednesday.

Blackwater down – update

December 31, 2009 | The Law Office of Philip D. Cave

U.S. District Judge Ricardo Urbina said Justice Department prosecutors improperly built their case on sworn statements that had been given under a promise of immunity. Urbina said the government’s explanations were “contradictory, unbelievable and lacking in credibility.”

And all charges have been dismissed, reports Air Force Times.

In ruling one month before the defendants were to face trial in Washington, Judge Urbina dismissed the case not for its merits, but for the way the government had handled the prosecution, calling the government’s explanations for the improper use of statements “contradictory, unbelievable and lacking in credibility.”