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at the end of the hearing, the Pentagon revealed that the original contractor was, in fact, KBR. In violation of military policy against LOGCAP contractors' using private forces for security instead of US troops, KBR had entered into a subcontract with ESS that was protected by Blackwater; those costs were allegedly passed on to US taxpayers to the tune of $19.6 million. Blackwater said it billed ESS $2.3 million for its services, meaning a mark-up of more than $17 million was ultimately passed on to the government. Three weeks after the hearing, KBR told shareholders it may be forced to repay up to $400 million to the government as a result of an ongoing US Army investigation. It took more than two years for Waxman to get an answer to a simple question: whom were US taxpayers paying for services? But, as the Fallujah lawsuit shows, it is not just money at issue. It is human life. at the end of the hearing, the Pentagon revealed that the original _ profiteering". It is part of what Democrats describe as a multi- contractor was, in fact, KBR. In violation of military policy pronged approach. "I think there's a critical mass of us now who against LOGCAP contractors' using private forces for security are working on it," said Congressman Price, who represents instead of US troops, KBR had entered into a subcontract with Blackwater's home state. In January, Price introduced legislation ESS that was protected by Blackwater; those costs were allegedly that would expand the Military Extraterritorial Jurisdiction Act of passed on to US taxpayers to the tune of $19.6 million. 2000 (MEJA) to include all contractors in a war zone, not just those Blackwater said it billed ESS $2.3 million for its services, meaning working for or alongside the armed forces. Most of Blackwater's a mark-up of more than $17 million was ultimately passed on to work in Iraq, for instance, is contracted by the State Department. the government. Three weeks after the hearing, KBR told Price indicated that the alleged Christmas Eve shooting could be a shareholders it may be forced to repay up to $400 million to the test case of sorts under his legislation. "I will be following this and government as a result of an ongoing US Army investigation. T'll be calling for a full investigation," he said. It took more than two years for Waxman to get an answer to a But there's at least one reason to be wary of this approach: simple question: whom were US taxpayers paying for services? Price's office consulted with the private military lobby as it But, as the Fallujah lawsuit shows, it is not just money at issue. It crafted the legislation, which has the industry's strong is human life. endorsement. Perhaps that's because MEJA has been for the most part unenforced. "Even in situations when US civilian law could A Killing on Christmas Eve potentially have been applied to contractor crimes, it wasn't," While much of the publicity observed P. W. Singer, a leading scholar Blackwater has received stems from on contractors. American prosecutors Fallujah, another more recent incident is are already strapped for resources in attracting new scrutiny. On Christmas their home districts. How could they Eve [2006] inside Baghdad's heavily It took more than two years be expected to conduct complex fortified Green Zone, an American investigations in Iraq? Who will Blackwater contractor allegedly shot for Waxman to get an answer protect the investigators and and killed an Iraqi bodyguard protecting toa simple question: prosecutors? How will they interview a senior Iraqi official. For weeks after Iraqi victims? How could they the shooting, unconfirmed reports whom were US taxpayers effectively | oversee 100,000 circulated around the Internet that paying for services? individuals spread across a dangerous alcohol may have been involved and war zone? "It's a good question," that the Iraqi was shot 10 times in the concedes Price. "I'm not saying that it chest. The story then went that the would be a simple matter." He argues contractor was spirited out of Iraq his legislation is an attempt to "put the before he could be prosecuted. Media whole contracting enterprise on a new inquiries got nowhere: the US Embassy refused to confirm that it accountable footing". was a Blackwater contractor, and the company refused to comment. This past fall [autumn], taking a different tack—much to the Then the incident came up at the February 7 congressional dismay of the industry—Republican Senator Lindsey Graham, an hearing. As the session was drawing to a close, Representative Air Force Reserve lawyer and former Reserve judge, quietly Kucinich raced back into the room with what he said was a final inserted language into the 2007 Defense Authorization, which question. He entered a news report on the incident into the record —_ Bush signed into law, that places contractors under the Uniform and asked Blackwater counsel Howell if Blackwater had flown Code of Military Justice (UCMJ), commonly known as the court the contractor out of Iraq after the alleged shooting. martial system. Graham implemented the change with no public "That gentleman, on the day the incident occurred, he was off | debate and with almost no awareness among the broader duty," Howell said, in what was the first official confirmation of | Congress, but war contractors immediately questioned its the incident from Blackwater. "Blackwater did bring him back to constitutionality. Indeed, this could be a rare moment when the United States." mercenaries and civil libertarians are on the same side. Many "Is he going to be extradited back to Iraq for murder, and, if contractors are not armed combatants; they work in food, laundry not, why not?" Kucinich asked. and other support services. While the argument could be made "Sir, Iam not law enforcement. All I can say is that there's that armed contractors like those working for Blackwater should currently an investigation," Howell replied. "We are fully be placed under the UCMJ, Graham's change could result in a cooperating and supporting that investigation.” dishwasher from Nepal working for KBR being prosecuted like a Kucinich then said: "I just want to point out that there's a US soldier. On top of all this, the military has enough trouble question that could actually make [Blackwater's] corporate policing its own massive force and could scarcely be expected to officers accessories here in helping to create a flight from justice monitor an additional 100,000 private personnel. Besides, many for someone who's committed a murder." contractors in Iraq are there under the auspices of the State for Waxman to get an answer to a simple question: whom were US taxpayers paying for services? eee — es ee accountable footing". This past fall [autumn], taking a different tack—much to the dismay of the industry—Republican Senator Lindsey Graham, an Air Force Reserve lawyer and former Reserve judge, quietly inserted language into the 2007 Defense Authorization, which Bush signed into law, that places contractors under the Uniform Code of Military Justice (UCMJ), commonly known as the court martial system. Graham implemented the change with no public debate and with almost no awareness among the broader Congress, but war contractors immediately questioned its constitutionality. Indeed, this could be a rare moment when mercenaries and civil libertarians are on the same side. Many contractors are not armed combatants; they work in food, laundry and other support services. While the argument could be made that armed contractors like those working for Blackwater should be placed under the UCMJ, Graham's change could result in a dishwasher from Nepal working for KBR being prosecuted like a US soldier. On top of all this, the military has enough trouble policing its own massive force and could scarcely be expected to monitor an additional 100,000 private personnel. Besides, many contractors in Iraq are there under the auspices of the State Department and other civilian agencies, not the military. In an attempt to clarify these matters, Senator Barack Obama introduced comprehensive new legislation in February. It requires clear rules of engagement for armed contractors, expands MEJA and provides for the DoD to “arrest and detain" contractors suspected of crimes and then turn them over to civilian authorities for prosecution. It also requires the Justice Department to submit a comprehensive report on current investigations of contractor abuses, the number of complaints received about contractors and The War on the Hill Several bills are now making their way through Congress aimed at oversight and transparency of the private forces that have emerged as major players in the wars of the post-9/11 period. In mid-February, Senators Byron Dorgan, Patrick Leahy and John Kerry introduced legislation aimed at cracking down on no-bid contracts and cronyism, providing for penalties of up to 20 years in prison and fines of up to $1 million for what they called "war JUNE — JULY 2007 NEXUS #15 It took more than two years www.nexusmagazine.com