House passes bill to make contractors in Iraq subject to U.S. courts

WASHINGTON — The House passed a bill Thursday that would make all private contractors working in Iraq and other combat zones subject to prosecution by U.S. courts. It was the first major legislation of its kind to pass since a deadly shootout last month involving Blackwater employees.

Democrats called the 389-30 vote an indictment in connection with a shooting incident there that left 11 Iraqis dead. Senate Democratic leaders said they planned to follow suit with similar legislation and send a bill to President Bush as soon as possible.

“There is simply no excuse for the de facto legal immunity for tens of thousands of individuals working in countries” on behalf of the United States, said Rep. Sheila Jackson-Lee, D-Texas.

The FBI is currently leading an investigation into the Sept. 16 shootout, although administration officials acknowledge they are unsure whether U.S. courts would have jurisdiction in the case or others like it.

In a separate incident, a drunk Blackwater employee left a Christmas eve party in Baghdad and fatally shot the guard of one of Iraq’s vice presidents. That contractor was fired, fined and returned home to the United States, but no charges have been filed.

The current law, called the Military Extraterritorial Jurisdiction Act, covers personnel supporting the mission of Defense Department operations overseas. But because Blackwater’s primary mission is to protect State Department officials, defense lawyers would likely argue that the law doesn’t apply.

At the same time, all U.S. contractors are immune from prosecution by Iraqi courts.

The bill’s passage came on the same day that a government minister told The Associated Press that the official Iraqi investigation said Blackwater security guards involved in the September incident face trial in Iraqi courts and the company should pay compensation to the victims.

The White House and congressional Republicans said they support the intent of the bill, but thought it was drafted poorly and could have unintended consequences.

In a statement issued Wednesday, the White House said the bill would have “unintended and intolerable consequences for crucial and necessary national security activities and operations.” The statement did not explain further or give examples on how the bill would affect national security.

The White House referred questions to the Justice Department, which declined to comment.

Prior to passage, the House voted 342-75 to ensure the legislation would not affect intelligence operations.

Rep. Chris Shays, R-Conn., accused Democrats of rushing the bill through Congress in a partisan bid to criticize the Bush administration’s handling of the war.

“It is amazing to me the number of men in Blackwater that have lost their lives and we never hear it on the other side of the aisle,” Shays said. “Blackwater is evil. That’s the way it appears in all the dialogue.”

Rep. David Price, who sponsored the bill, said the White House’s objections were unfounded and “should infuriate anyone who believes in the rule of law.”

Blackwater founder Erik Prince told a House panel Tuesday that he supports expanding the law.

“Beyond firing him for breaking the rules, withholding any funds we can, we can’t flog him,” Prince said of the intoxicated Blackwater guard. “We can’t incarcerate him. We can’t do anything beyond that.”

FBI agents will take control of the Sept. 16 probe from the State Department’s Bureau of Diplomatic Security as soon as a full team has been assembled in the Iraqi capital, State Department spokesman Sean McCormack told reporters on Thursday.

McCormack stressed that the step did not necessarily imply that the investigation would result in criminal charges being brought against the contractors.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Customers enter and exit the Costco on Dec. 2, 2022, in Lake Stevens. (Olivia Vanni / The Herald)
Costco stores could be impacted by looming truck driver strike threat

Truck drivers who deliver groceries and produce to Costco warehouses… Continue reading

Two Washington State ferries pass along the route between Mukilteo and Clinton as scuba divers swim near the shore Sunday, Oct. 22, 2023, in Mukilteo, Washington. (Ryan Berry / The Herald)
Ferry system increases ridership by a half million in 2024

Edmonds-Kingston route remains second-busiest route in the system.

A view of a homes in Edmonds, Washington on Friday, Sept. 8, 2023. (Olivia Vanni / The Herald)
Snohomish County to mail property tax statements this month

First half payments are due on April 30.

Ticket and ORCA card kiosks at the Lynnwood Light Rail station on Thursday, April 4, 2024 in Lynnwood, Washington. (Olivia Vanni / The Herald)
Beginning March 1, Community Transit to reduce some fares

Riders eligible for reduced fares will pay $1 for a single ORCA card tap and $36 for a monthly pass.

Robin Cain with 50 of her marathon medals hanging on a display board she made with her father on Thursday, Jan. 2, 2025 in Lake Stevens, Washington. (Olivia Vanni / The Herald)
Running a marathon is hard. She ran one in every state.

Robin Cain, of Lake Stevens, is one of only a few thousand people to ever achieve the feat.

People line up to grab food at the Everett Recovery Cafe on Wednesday, Dec. 4, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Coffee, meals and compassion are free at the Everett Recovery Cafe

The free, membership-based day center offers free coffee and meals and more importantly, camaraderie and recovery support.

Devani Padron, left, Daisy Ramos perform during dance class at Mari's Place Monday afternoon in Everett on July 13, 2016. (Kevin Clark / The Herald)
Mari’s Place helps children build confidence and design a better future

The Everett-based nonprofit offers free and low-cost classes in art, music, theater and dance for children ages 5 to 14.

The Everett Wastewater Treatment Plant along the Snohomish River on Thursday, June 16, 2022 in Everett, Washington. (Olivia Vanni / The Herald)
Everett water, sewer rates could jump 43% by 2028

The rate hikes would pay for improvements to the city’s sewer infrastructure.

The bond funded new track and field at Northshore Middle School on Thursday, Oct. 24, 2024 in Bothell, Washington. (Courtesy of Northshore School District)
Northshore School District bond improvements underway

The $425 million bond is funding new track and field complexes, playgrounds and phase one of two school replacements.

The amphitheater at Deception Pass during the 2021 concert series. (Photo provided by Deception Pass Park Foundation Facebook page.)
Deception Pass Foundation seeks Adopt-A-Trail volunteers

If you’re looking for a way to get outside and… Continue reading

A pedestrian is struck and killed by vehicle Wednesday in Everett

The pedestrian was a man in his 60s. The collision happened at 5:30 a.m. on Broadway.

Want coffee? Drink some with the Marysville mayor.

A casual question-and-answer session between mayor and constituents is planned for March 24.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.