House OKs bill to prosecute private contractors in U.S.

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 Congress’ first major response to a deadly shooting in Baghdad involving Blackwater USA security guards.

Democrats called the 389-30 vote an indictment of the incident, which left at least 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 arrived in Baghdad on Thursday to investigate the Sept. 16 shooting. Bush administration officials acknowledge that they are unsure whether U.S. courts would have jurisdiction in the case or others like it.

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

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

The White House and congressional Republicans said they supported the intent of the bill but thought it was drafted poorly.

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.

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

Rep. Christopher 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 E. Price (D-N.C.), 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 supported expanding the law.

State Department spokesman Sean McCormack said the FBI was assuming control of the probe from the State Department’s Bureau of Diplomatic Security.

The step was taken, in part, on the possibility that the investigation might lead to the case being referred to the Justice Department for prosecution.

McCormack stressed that the move did not necessarily mean that criminal charges would be filed or that the investigation would show any laws or regulations had been violated.