Justice Department Refutes Immunity to Blackwater Guards
"The Justice Department and the FBI cannot discuss the facts of the Blackwater case, which is under active investigation. However, any suggestion that the Blackwater employees in question have been given immunity from federal criminal prosecution is inaccurate. The Justice Department and the FBI continue the criminal investigation of this matter knowing that this investigation involves a number of complex issues. We are unable to comment further at this time."
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Wording of Blackwater Immunity Deals
ABC News has obtained the text of the use immunity provided Blackwater guards by the State Department.
More....
"I understand this statement is being given in furtherance of an official administrative inquiry," and that, "I further understand that neither my statements nor any information or evidence gained by reason of my statements can be used against me in a criminal proceeding, except that if I knowingly and willfully provide false statements or information, I may be criminally prosecuted for that action under 18 United States Code, Section 1001."
The text comes from the transcripts of the guards' testimony, copies of which were provided to ABC.
The immunity deal is causing a stir in Congress.
The immunity deal will not prevent the Blackwater guards from ever being prosecuted. However, it forces prosecutors to prove that they did not use the information gleaned from the bodyguards' statements — or anything related to them — when seeking criminal charges. That means investigators will have to find other credible witnesses or evidence to make their case.
....A second senior U.S. official familiar with the investigation said Tuesday that the immunity deal stemmed from a waiver that Blackwater employees signed that banned their initial statements from being used in court. The official said it makes the job harder but does not make prosecution impossible.
Blogging on the Blackwater immunity deal: Marcy at The Next Hurrah; Siun at Firedoglake; David Kurtz at TPM; Think Progress.
Also check out the Center for Constitutional Rights' lawsuit filed against Blackwater on behalf of family members of those killed.
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