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Blackwater Wins in San Diego. City Has Grounds for Appeal.

 
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Mark
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Joined: 13 Nov 2007
Posts: 1052



PostPosted: Tue Jun 17, 2008 2:22 pm    Post subject: Blackwater Wins in San Diego. City Has Grounds for Appeal.  Reply with quote

I just got back from the hearing in federal court. The judge, Marilyn Huff, indicated she would rule for Blackwater, but I left before the end so I don't know if she issued her ruling today or will issue it soon.

We had a demonstration in front of the courthouse first. After going upstairs and being seated in the spectator section of the courtroom, I heard one federal marshall say to a Blackwater attorney, "We're on standby in case there's any civil unrest."

Blackwater and the judge both argued that the city has granted Blackwater permits for the Otay Mesa facility and cannot now review them or take them before the City Council.

City Attorney Mike Aguirre argued that the issue has never been before any elected official or body and that there is a separation between the judicial and legislative branches, so it is inappropriate for the judicial branch to intervene before there has been any legislative decision. The judge argued that decisions by unelected city officials are sufficient and that decisions by elected officials aren't necessary. She, of course, was appointed, by Bush's father, so she isn't likely to see any problem with decisions being made by appointed rather than by elected officials.

Blackwater and the judge (they're obviously on the same side) argued that the military training consists of nothing more than "tenant improvements" to the warehouse.

The judge asked Blackwater what their "irreparable injury" was, since to be in Federal Court claiming discrimination, they have to show irreparable injury. Last time they were in court they said it was a loss of income, but that is not an irreparable injury by law. They also claimed it would cause irreparable injury to national security if they couldn't train the Navy, but that would be injury to the Navy or national security, not to Blackwater. So this time they claimed that the irreparable injury would be to their reputation if they lost the case. That's true from their point of view, as they have never lost a client or a case. They have allegedly defrauded the government, and definitely killed numerous innocent civilians, but they've protected their clients (usually the U.S. State Dept. in Iraq) from harm and never had one of their shooters convicted of anything. So they're claiming damage to their reputation among their peers, which boils down to nothing more than potential loss of income, as their reputation among civilians couldn't be any lower.

They also tried to argue a Constitutional loss of a property right, but Aguirre said they are welcome to continue to use the facility and have suffered no loss, but that the city has the right to take the matter before the City Council. The judge said that might stir up a lot of people. Aguirre said that's how democracy works. the judge didn't appear to me to be very concerned about democracy and seemed more concerned about eliminating it.

The judge argued that the use of the word mercenaries is "an explosive term" and that because there are numerous military bases in San Diego, there should be no problem with a mercenary facility. The judge apparently doesn't care that the military is sworn to uphold and defend the Constitution, but that Blackwater, which was in court seeking Constitutional protection, does not and is not subject to Constitutional law, or to any law for that matter. They're special because they're on a religious crusade and are friends of Bush, who also gets his orders directly from God.

The judge constantly downplayed Blackwater's operations, saying it is only to train 24 sailors at a time, but Blackwater has a history of explosive growth and wouldn't have rented such a large facility for just 24 sailors. And of course we can't know what their future contracts will be, as they're a private, not a public company, so their contracts aren't available. When they are with the military or the State Dept., they're probably classified anyway.

Anyway, Aguirre seems to have gotten in good grounds for appeal. In none of the cases the judge cited in support of Blackwater, had a federal court intervened BEFORE a city council had reviewed a matter in dispute.

But while an appeal might be successful, it is certain that Blackwater would then appeal to the Supreme Court, the court that installed their dear friend Bush, so they'd prevail in the end anyway.

I do hope there's an appeal, if nothing else at least for the publicity it would bring to Blackwater and to the federal judge who has so little regard for the Constitution she is sworn to uphold and defend that she is trying to protect killers for hire from being discriminated against by a city and its citizens who, in the event of a natural disaster like Katrina, could be shot by those killers for trying to seek shelter or safety. If, in your panicky attempt to stay alive, you come too close to a person or business that they are protecting, they will shoot you on sight with no questions asked, to protect their reputation as never losing a client and because they know that they can do so with impunity, being subject to no laws of governments or man.

Aguirre did a good job, but all in all it was a most depressing morning.
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mke
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PostPosted: Tue Jun 17, 2008 5:32 pm    Post subject: Blackwater Reply with quote

I am sorry that this seems to be happening despite the best efforts of so many concerned.
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hoop



Joined: 17 May 2008
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PostPosted: Tue Jun 17, 2008 8:52 pm    Post subject: Reply with quote

Thanks for the report Mark, keep us posted!
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Mark
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PostPosted: Tue Jun 17, 2008 11:25 pm    Post subject: ... Reply with quote

Thanks, mke and hoop.

I believe that Blackwater will soon start shooting undocumented immigrants with the same impunity they have in Iraq, and then escalate to shooting unarmed U.S. citizens with that same impunity. They are shooters, they do it for whoever pays them, and they have no respect for human life whatsoever. They don't even refer to the fascists they're protecting as people, but as "packages." They protect the package by eliminating any possible potential threats.

For example, if they see a mother wheeling a baby carriage a mile away, and they know that a small nuclear device has a range of over a mile, they cannot afford to take the chance that the baby carriage does not contain such a device, so they will shoot the mother and baby just to protect their package. Since there is no possible penalty for them doing so, it is important to them to eliminate any possible potential threat, no matter how far-fetched it may seem, just to make sure they get paid and maintain their record of never losing a package.

They've killed an awful lot of innocent people, but the people they killed weren't paying them, so they don't count. And since I cannot afford to pay them, if they should come barreling down a San Diego street one day and I'm not able to get inside a store or building quickly enough, they will shoot me.  

And if there is a natural disaster, terrorist threat, or civil unrest in your city, and Blackwater is sent in, they will shoot you on sight. If you're close enough for them to shoot (and they use heavy weapons with telescopes that have a long range) you are a potential threat to them. They can't take chances that you might not be a terrorist. If you're in a car they will destroy the car totally to make sure you're dead and that you and the car are no longer a possible threat.

If you haven't read Jeremy Scahill's book, "Blackwater: The Rise of the World's Most Powerful Mercenary Army," I suggest you get it. They're not the biggest, just the ones with the most power and totally exempt from all laws. Other than protecting our fascist government, other fascist governments, and various corporations that can pay them, they have no purpose at all except to kill everyone who doesn't believe in their brand of Jesus.

I'm just starting the book, but it is giving me nightmares.

The only ones I've seen were the ones in court with suits on, but they still looked like evil thugs. But I am absolutely certain that they are very smart and lots of fun to be around, if your idea of fun is killing innocent people and making lots of money doing it.

They also take a lot of pride in doing their job well. They are professionals.

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