While many hours have been spent by this body debating the wars in Iraq and Afghanistan, far too little time has been devoted to the United States' growing dependence on private military contractors: the weapon-carrying, for-profit…
While many hours have been spent by this body debating the wars in Iraq and Afghanistan, far too little time has been devoted to the United States' growing dependence on private military contractors: the weapon-carrying, for-profit security companies-- mercenaries--who have become integral and counterproductive actors in our war efforts.
I believe that the increased reliance on hired guns to provide security in conflict zones undermines our policy objectives, and I am not alone. In 2007 then-Defense Secretary Robert Gates stated that the mission of many security contractors was ``at cross purposes to our larger mission in Iraq.''
We should be concerned. Private contractors don't wear the badge of the United States. They answer to a corporation, not to a uniformed commander. Our government doesn't even know how many contract personnel we've hired. Because legal jurisdiction remains murky, we may lack the ability to prosecute contractors for alleged violations committed overseas.
We need to end our reliance on security contractors in conflict zones. Since 2007 I've introduced the Stop Outsourcing Security Act to phase out the use of for-profit contractors for mission-critical tasks, including security, intelligence and interrogation in conflict areas. The SOS Act builds on legislation I have introduced since 2001, including the Andean Region Contractor Accountability Act to prohibit military contracting in Colombia and neighboring nations.
While the problem applies to other private contractors, there is one company that has been synonymous with misconduct--Blackwater. Operating under a culture of recklessness created by its founder, Erik Prince, Blackwater employees have been implicated in a wide range of alleged misconduct since 2004--from shooting and killing civilians to gun- running.
Five former Blackwater executives, including its former president, Gary Jackson, were indicted in 2010 for weapons charges. The company agreed to a $42 million administrative settlement with the State Department for 288 alleged violations of the Arms Export Control Act and International Traffic in Arms Regulations. At least seven civil suits for alleged abuses by Blackwater personnel in Iraq have been settled, and legal action is still pending against four Blackwater guards accused of massacring 17 civilians in Baghdad's Nisour Square in 2007. Further, the Iraqi Government, our ally, has repeatedly asked that Blackwater be ousted, leading the United States State Department to refuse to renew the company's contract in 2009.
In short, Blackwater, now renamed Xe, has been a center of controversy for years in congressional committees, the press and among members of the military. Yet the company has received over $1.25 billion in taxpayer money.
Recently, Mr. Prince has launched a video game called ``Blackwater,'' glorifying the discredited company he started, and now Mr. Prince has adopted yet another heavy-handed tactic--the attempted intimidation of a Member of Congress.
Last month a letter from his attorney was hand delivered to my congressional office. Mr. Speaker, I am submitting the letter for the Congressional Record. It accuses me of defamatory statements, characterizes my efforts to urge investigations into Mr. Prince as a violation of congressional power, and describes possible legal action if I persist.
I come to the floor today because I believe it is my responsibility as a Member of Congress to speak out against policies and entities that I believe are damaging to our Nation. I want to make it clear to Mr. Prince that I will not stop working to end our reliance on private security contractors or to investigate any and all allegations of misconduct. I want to make it clear to the military men and women who have shared their concerns that they are endangered by the behavior of hired guns employed by Blackwater-like companies, that I will keep speaking out to protect our mission and our brave troops from risk.
And I want to tell the families of the men and women who have been killed in incidents involving Blackwater and other such companies that I will continue to push for full investigations and, whenever appropriate, criminal charges.
diGenova & Toensing, LLP,
Attorneys-At-Law,
Washington, DC, October 7, 2011.
Delivered by Hand
Hon. Jan Schakowsky,
Longworth House Office Building,
Washington, DC.
Dear Congresswoman Schakowsky: This firm represents Erik
Prince concerning false and defamatory statements you have
made against him.
On September 8, 2011, Guy Adams, a Los Angeles-based
correspondent, published in the London-based Independent an
article discussing ``Blackwater'' (2011), a video game owned
by Mr. Prince. In that article, Mr. Adams attributes to you
the following observation: ``If Mr. Prince had not emigrated
to the United Arab Emirates, which does not have an
extradition agreement with the US, he too would now be facing
prosecution.''
We demand you cease and desist any further public
statements that suggest in any way that Mr. Prince ``would be
facing prosecution'' or has engaged in criminal conduct under
any circumstances.
Your caprice in making a false and defamatory statement
about criminal culpability is particularly galling in light
of your husband's guilty plea to federal fraud and his time
in prison. One would think you would be sensitive about
falsely accusing others of criminality.
Mr. Prince has answered his country's call to serve both in
military uniform and civilian life. Mr. Prince served his
country with honor as a commissioned officer in the United
States Navy SEALs. He deployed with SEAL Team 8 to Haiti, the
Middle East, and the Balkans.
Mr. Prince's support for human rights around the world is
well established, from funding famine relief in Somalia and
the Sudan, to contributing to the building of hospitals,
schools, orphanages and churches and mosques in the Middle
East and Asia. He financed a feature film, The Stoning of
Soraya M., about the oppression of women in Iran. Mr. Prince
has spent time and resources to improve conditions for many
who live under despotic regimes surrounded by war, drought,
and famine.
Your statement to Mr. Adams, which imputes commission of a
crime, is per se libelous. Raboya v. Shrybman & Assoc., 777
F.Supp. 58, 59 (D.D.C. 1991); Farnum v. Colbert, 293 A.2d
279,281 (D.C. 1972).
Your malice cannot be questioned. You have a multi-year
history of making derogatory comments about Mr. Prince and
his former company, Blackwater. You have abused your
Congressional power to request that Mr. Prince be
investigated.
In May of this year, you attempted to initiate a Department
of State investigation of Mr. Prince in a letter to Secretary
of State Clinton. You based your request on your ``concern
that Mr. Prince is now exporting his services.'' Absent from
your letter was any mention of other American security
consultants who are performing the same business in the
Middle East and Asia.
You brag on your official website that you have ``focused''
on private security contractors who ``work for companies like
the infamous Blackwater.'' In October 2007, you requested
then Secretary of State Rice to ``terminate[] Blacwater's
contract immediately.'' In February 2009, you issued a press
release alleging Blackwater's actions have put ``our troops
in harms [sic] way and jeopardized our mission in Iraq.'' In
September 2010, you purposely evoked a criminal context by
mischaracterizing Blackwater as a ``repeat offender.''
The facts you assert about Mr. Prince show complete
reckless disregard for the truth. For example, Mr. Prince did
not immigrate to the UAE. He maintains a residence in the
United States. Mr. Prince has never committed nor ever been
charged with any crime.
A federal court in July 2011 dismissed Mr. Prince from a
civil law suit finding there was no evidence on which to base
the claims. Moreover, a jury found there was no liability for
United States Training Center, the company formerly known as
Blackwater. A quick check would have verified these readily
available facts.
Your interview with Mr. Adams is not protected by the
Speech or Debate clause. Hutchinson v. Proxmire, 443 U.S.
111, 124-125 (1979).
As you are surely aware, since articles quoting you are
published in other countries, you are subject to defamation
laws in those countries as well as in the United States. If
you do not like the ``Blackwater'' video game, you are free
to express your opinion. But you are not permitted under the
laws of the United States and numerous countries where your
statements are published to make false accusations about Mr.
Prince's status under the criminal law.
Sincerely,
Victoria Toensing,
Counsel for Erik Prince.
Announcement by the Speaker Pro Tempore