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U.S. to Appeal Blackwater Decision
The New York Times ^ | January 23, 2010 | AP

Posted on 01/23/2010 7:19:47 AM PST by John W

BAGHDAD (AP) -- The U.S. will appeal a court decision dismissing manslaughter charges against five Blackwater Worldwide security contractors involved in a deadly 2007 Baghdad shooting, U.S. Vice President Joe Biden said Saturday.

Biden's announcement after a meeting with Iraqi President Jalal Talabani shows just how diplomatically sensitive the incident remains nearly three years later.

(Excerpt) Read more at nytimes.com ...


TOPICS: Breaking News; Foreign Affairs; News/Current Events; War on Terror
KEYWORDS: biden; blackwater; doj; fallujah; holder; iraq; obama; terrorism; vpbiden; waronterror; wot
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1 posted on 01/23/2010 7:19:47 AM PST by John W
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To: John W

The wife was just wondering where Biden was, haven’t heard much from foot in mouth lately. You can always count on a donk to show up for the wrong team and Biden is a long term donk


2 posted on 01/23/2010 7:22:52 AM PST by reefdiver ("Let His day's be few And another takes His office")
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To: John W
Do you know the great thing about Joe Biden?

He is going to make Dan Quale sound like William F. Buckley!!

3 posted on 01/23/2010 7:24:35 AM PST by Nitro
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To: Nitro

Gaffemaster B


4 posted on 01/23/2010 7:33:00 AM PST by Dr. Bogus Pachysandra ( Ya can't pick up a turd by the clean end!)
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To: Dr. Bogus Pachysandra

Is that an intentional reference to “Married with Children”?


5 posted on 01/23/2010 7:40:52 AM PST by Nitro
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To: Nitro

Yes. Bud Bundy eat your heart out! Gaffemaster B is a star!


6 posted on 01/23/2010 7:44:39 AM PST by Dr. Bogus Pachysandra ( Ya can't pick up a turd by the clean end!)
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To: John W

Close on the heels of Rahm E’s statement that the 1st Amendment (free speech) is over-rated, here’s another of Obamie’s Commies telling us that double jeopardy (ad infinitim until the commies get the verdict they want) is just fine, too.

Pretty soon they’ll bring back trial by dunking.


7 posted on 01/23/2010 7:45:40 AM PST by Ghost of Philip Marlowe (Prepare for survival.)
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To: John W

Once again, this administration shows the lack of sensitivity for US citizens who have decided that even waterboarding is probably to good for our enemies. This is war, Joe. Even though you seem to agree with “marsha” coakley, there really are people who want to see every US citizen dead.


8 posted on 01/23/2010 7:48:04 AM PST by freeangel ( (free speech is only good until someone else doesn't like what you say))
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To: John W

Wouldn’t an appeal be double jeopardy?


9 posted on 01/23/2010 7:55:57 AM PST by LeGrande (The government wants to take over the entire Health Care industry to fix Medicare and Medicaid.)
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To: John W
Wonderful, prosecute Americans so the rest of the world will "love us"......it does not work that way and in fact I would rather the world was afraid of us, then just wanted to have a beer with us.

obama is a tool, surrounded by the enemy making policy.

we are screwed.

10 posted on 01/23/2010 8:01:10 AM PST by Kakaze (Exterminate Islamofacism and apologize for nothing.....except not doing it sooner!)
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To: LeGrande
Wouldn’t an appeal be double jeopardy?

The case was dismissed because a judge found that the Justice Dept mishandled evidence and violated the guard's constitutional rights. It appears obama is stepping in it again. From the article:

............"Biden expressed his ''personal regret'' for the shooting and said the Obama administration was disappointed by the dismissal. "............
11 posted on 01/23/2010 8:08:13 AM PST by Girlene
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To: John W

**** you plugs.

LLS


12 posted on 01/23/2010 8:09:20 AM PST by LibLieSlayer (hussama will never be my president... NEVER!)
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To: John W

What a moron. Whose side is he on, anyway?


13 posted on 01/23/2010 8:15:20 AM PST by Fast Moving Angel (We'll remember in November!)
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To: Nitro

Dan Quayle was set up.


14 posted on 01/23/2010 8:43:31 AM PST by sportutegrl (I was for Sarah Palin before being for Sarah was cool.)
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To: John W

Well, we know that under Obama’s imperial rule, Biden can’t blow his nose without permission, although he manages an occasional gaffe anyway.

So, clearly he was told to make this announcement, because they knew it would be very unpopular, so Obama didn’t want to take credit, especially in a dismal week like this.


15 posted on 01/23/2010 9:37:36 AM PST by Cicero (Marcus Tullius)
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To: Girlene

Joe: Please be sure your AG does not violate the terrorists rights so they get a dismissal. That would be stupid.


16 posted on 01/23/2010 9:37:53 AM PST by sodpoodle (Despair - Man's surrender. Laughter - God's redemption.)
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To: John W

Although the GOP should never be underestimated for their
ability to screw up an election, these idiots in the White
House are making it all too lose their majority in November.

The last thing on the minds of the voters is pursuing
Blackwater Worldwide security contractors.


17 posted on 01/23/2010 9:45:03 AM PST by BP2 (I think, therefore I'm a conservative)
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To: John W

Recently, the American government is increasingly turning against its own people. The marines and currently the navy seals both come to mind. This conduct by the governors, if persisted in, releases the citizenry from their obligations towards those holding office. In short, we can legitimately take them out naked.


18 posted on 01/23/2010 9:47:00 AM PST by AEMILIUS PAULUS (It is a shame that when these people give a riot)
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To: Nitro

19 posted on 01/23/2010 9:47:18 AM PST by wastedyears (If I'm going out, I'm going out like Major Kong.)
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To: LeGrande
"Wouldn’t an appeal be double jeopardy?"

No. The Supreme Court has held that Jeopardy only attaches when a case is dismissed solely on the defendant's guilt or innocence. See US v. Scott.

20 posted on 01/23/2010 9:47:59 AM PST by OldDeckHand
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To: LeGrande

I would add that the one exception to that rule is prosecutorial misconduct. If a case is dismissed for prosecutorial misconduct prior to jury being empaneled, or before a verdict has been reached, then jeopardy would attach. That wasn’t the case here. In this instance, the Court found that the evidence collected was in violation of defendants constitutional rights, but he didn’t find prosecutorial misconduct.


21 posted on 01/23/2010 9:52:41 AM PST by OldDeckHand
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To: John W

22 posted on 01/23/2010 9:53:02 AM PST by TornadoAlley3 (Obama is everything Oklahoma is not.)
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To: Nitro; sportutegrl

u need to read up exactly how the Quayle spelling thing went down

it was classic screw up by the school folks pounced on by the lefty media

Quayle was guilty of reading the school’s spelling chart they gave him and not recognizing the school had misspelled


23 posted on 01/23/2010 10:17:51 AM PST by wardaddy (Good Yankees in Massachusetts, I salute you all from bended knee in appreciation)
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To: Girlene

I doubt an appeal will be successful.


24 posted on 01/23/2010 10:29:15 AM PST by Perdogg ("Is that a bomb in your pants, or are you excited to come to America?")
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To: OldDeckHand

Thanks


25 posted on 01/23/2010 10:35:18 AM PST by LeGrande (The government wants to take over the entire Health Care industry to fix Medicare and Medicaid.)
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To: wardaddy

Don’t you think it is possible that the school had already sorted out a misspelled card to give to Quayle?


26 posted on 01/23/2010 10:35:38 AM PST by sportutegrl (I was for Sarah Palin before being for Sarah was cool.)
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To: Cicero

Yeah, they probably sent the TOTUS along with Biden to give him some help.


27 posted on 01/23/2010 11:09:08 AM PST by oldfart (Obama nation = abomination. Think about it!)
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To: oldfart

We will over come this along with all the other progressive crap that has happened...


28 posted on 01/23/2010 11:23:41 AM PST by gibtx2 (keep up the good work I am out of work but post 20 a month to this out of WF Check)
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To: oldfart

This joker may be POTUS based on the biggest Con Man Ever’s (0’s) first year.


29 posted on 01/23/2010 11:25:59 AM PST by RacerX1128
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To: Ghost of Philip Marlowe
"Close on the heels of Rahm E’s statement that the 1st Amendment (free speech) is over-rated, here’s another of Obamie’s Commies telling us that double jeopardy (ad infinitim until the commies get the verdict they want) is just fine, too."

My own thoughts exactly. Thank you.

This is a horrible violation of the defendants' rights. Unfortunately it has precedent in GHWB's DOJ's assault on the officers in the Rodney King fiasco. That and GHWB's hat-in-hand kowtowing to the UN for permission to honor our mutual-defense treaty with an ally (Kuwait) are his two most damaging legacies.
30 posted on 01/23/2010 11:35:15 AM PST by RightOnTheLeftCoast (Obama: running for re-election in '12 or running for Mahdi now? [http://en.wikipedia.org/wiki/Mahdi])
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To: LeGrande

Generally the prosecution is permitted to appeal rulings pretrial that throw out all or a critical part of their case. For instance the Barry Bonds case the judge threw out most of the prosecution’s evidence pretrial and this is now on appeal.


31 posted on 01/23/2010 12:11:01 PM PST by Dave346
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To: John W
So the Maobama administration is going to resurrect the kangaroo court that the Bush administration started because ingrate Iraqi officials demanded their heads on a platter.

Fact: These contractors broke no laws. When it became clear that they broke no laws, the Bush Justice Dept. decided to go fishing and wound up charging them, incredibly, with the illegal overseas use of automatic weapons. The only problem with this is that the automatic weapons used were the same ones issued to them by the United States Government.

Fact: The reason why the initial uproar began was because the Islamists and their quisling fan club Western media told the incredible story that this was an "unprovoked attack" by Blackwater on "innocent bystanders." As if it's even conceivable that the security personnel just decided to exit their vehicles and commence firing on woman and children onlookers. But that was the story, and they went with it.

Fact: The contention that the convoy wasn't attacked has been exploded when further evidence (including real-time radio transmissions) came to light that showed it clearly were attacked. It was the convoy that was the victim of an "unprovoked attack," not the other way around.

Fact: A forensic investigation showed that the bullets extracted from "bystanders" could not have come from the contractors weapons. That's right, the contractor didn't shoot the bystanders. But hey, lets not let facts get in the way of a good political hanging.

Fact: The evidence (or lack thereof) that the Islamists and their media pamphleteers hold up was the lack of enemy shell casings found on the scene. What they neglect to mention is that there was no collection of evidence at the scene until several days after the fact. Gee, ya think it's possible for shell casings to disappear from the scene after several days?  

32 posted on 01/23/2010 12:25:44 PM PST by AAABEST (Et lux in tenebris lucet: et tenebrae eam non comprehenderunt)
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To: AAABEST

Thank you.


33 posted on 01/23/2010 12:43:33 PM PST by USF (I see your Jihad and raise you a Crusade)
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To: John W
White House officials said ... Biden's trip was not intended to be way it would be announced.

Heh.

34 posted on 01/23/2010 1:21:11 PM PST by La Enchiladita (It's morning in Massachusetts: the Spirit of '76 has preserved Liberty, thanks be to God.)
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To: Ghost of Philip Marlowe
Close on the heels of Rahm E’s statement that the 1st Amendment (free speech) is over-rated, here’s another of Obamie’s Commies telling us that double jeopardy (ad infinitim until the commies get the verdict they want) is just fine, too. Pretty soon they’ll bring back trial by dunking.

W was pretty good at going after border guards.

35 posted on 01/23/2010 1:26:57 PM PST by Moonman62 (The issue of whether cheap labor makes America great should have been settled by the Civil War.)
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To: John W

If this ever gets to trial I hope the defense lawyers point out that,given the court’s decision to throw it out,this prosecution is purely political.That would be a pretty powerful argument anywhere but DC,Manhattan or San Francisco.


36 posted on 01/23/2010 1:36:05 PM PST by Gay State Conservative (Host The Beer Summit-->Win The Nobel Peace Prize!)
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To: John W

This administration has no shame, and certainly no honor!


37 posted on 01/23/2010 2:24:23 PM PST by UAConservative (Audemus Jura Nostra Defendere)
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To: John W
''By announcing this decision in Iraq, through an elected official, the United States makes clear it has decided to do what is politically expedient, rather than what is just based on Judge Urbina's unshakable findings that the prosecutors engaged in gross misconduct and intentionally violated Mr. Ball's constitutional rights,'' attorney Steven McCool, who represents Ball, said in a statement. ''In the end, the United States has shown it will pursue an innocent man, rather than justice.''

Okay, something else I've ALWAYS wondered. Who were the guards guarding? Granted they'd have to be high up VIP's that "weren't there" since they were EYEWITNESSES. maybe they were NOC, but no matter, even IF you're CIA or some other alphabet soup entity you might think they were kinda happy they weren't killed. Eh, loose lips and all that rot.

38 posted on 01/23/2010 2:55:05 PM PST by Karliner ("Things are more like they are now than they ever were before."DDE)
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To: John W

I wonder if this is a signal that if they are convicted, that -18bama won’t consider pardoning them. /sarc


39 posted on 01/23/2010 2:57:09 PM PST by C210N (A government big enough to give you everything you want, is big enough to take everything you have)
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To: Ghost of Philip Marlowe

First thing that popped into my head...double jeopardy.


40 posted on 01/23/2010 3:14:07 PM PST by greyfoxx39 (Obamacare: Old folks don't deserve healthcare. They use up too many carbon credits just breathing.)
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To: John W
“Stand Up, Chuck. Let ‘Em See Ya!...Oh, God love you. What am I talking about? “
41 posted on 01/23/2010 3:16:38 PM PST by Vaquero (BHO....'The Pretenda from Kenya')
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To: greyfoxx39; Ghost of Philip Marlowe

They’re just appealing the dismissal, same charge. Though it’s perfectly legal, my double jeopardy problem would arise with recharging them with civil rights violations.


42 posted on 01/23/2010 3:24:15 PM PST by SJackson (In wine there is wisdom, In beer there is freedom, In water there is bacteria.)
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To: sportutegrl

absolutely


43 posted on 01/23/2010 3:32:10 PM PST by wardaddy (Good Yankees in Massachusetts, I salute you all from bended knee in appreciation)
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To: SJackson
They’re just appealing the dismissal, same charge.

Glad for the explanation. If Holder is involved, I expect the worst for a US citizen.

From a Yahoo article, "White House officials said the U.S. Justice Department decided on the appeal and that Biden's trip was not intended to be way it would be announced."

I'd say "Chinese Fire Drill", but nowadays, it's "Obama administration fire drill"!

44 posted on 01/23/2010 3:40:31 PM PST by greyfoxx39 (Obamacare: Old folks don't deserve healthcare. They use up too many carbon credits just breathing.)
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To: John W

In a splendidly one-sided story on this tonight on ABC World News, the anchor described the dismissal as being “on a technicality”.


45 posted on 01/23/2010 3:53:06 PM PST by John W
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To: John W
The Brown Shirts in the Obama/Holder Injustice Department are going after the defendants on appeal because they are private enterprise which is hated by the administration.

The fact that they are connected with the hated U.S. military doubles the ferocity with which the Obama administration will keep them in the crosshairs.

Not only is the U.S. economy being destroyed, our military is being attacked and demoralized so that it can be changed to an International Meals on Wheels force.........and Peace Patrolers for Humanity.

Obsessed persecution of these contractors is just another instance of cold human sacrifice taking place along the road during our country's forced march to oblivion.

All Heil!

Leni

46 posted on 01/23/2010 4:02:52 PM PST by MinuteGal (Bill O'Reilly: 9/8/09: "Communism is not a threat to us anymore"-10/20/09: "Obama is not a Marxist")
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To: SJackson

Dismissal is a finding of no guilt or no substantial evidence.

To overturn that is to return to trial, thus, double-jeopardy.


47 posted on 01/23/2010 4:47:12 PM PST by Ghost of Philip Marlowe (Prepare for survival.)
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To: Girlene
The court ruling was that the prosecution had used the accused statements, which were granted under an immunity agreement, to build most of their case.

This is a 5th amendment and then fruit of the poisonous tree issue. I think it will be really tough to overturn if the case is judged on the legal merits and not mere politics.

The charges are crap anyway. In addition to the regular charges they were charged with using a machine gun in the crime. Then why doesn't somebody charge the State Dept who got them the clearances to bring those weapons into Iraq?

48 posted on 01/23/2010 4:53:41 PM PST by USNBandit (sarcasm engaged at all times)
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To: John W

/


49 posted on 01/23/2010 5:11:55 PM PST by happinesswithoutpeace (We are using your brain's electrical system as a receiver)
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To: Ghost of Philip Marlowe

We found a witch! ;)

http://www.youtube.com/watch?v=fr8DIg3oHFI


50 posted on 01/23/2010 5:50:04 PM PST by Diana in Wisconsin (Save the Earth. It's the only planet with chocolate.)
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