US Mulls Unusual Tactic as Blackwater Charges Loom

"The company has consistently said that we do not believe the individuals acted unlawfully," company spokeswoman Anne Tyrrell said Thursday. "If it is determined that an individual acted improperly, Blackwater would support holding that person accountable."

An Iraqi traffic policeman on Sept. 20, 2007, inspects a car allegedly destroyed by the security...

An Iraqi traffic policeman on Sept. 20, 2007, inspects a car allegedly destroyed by the security contractor Blackwater Worldwide on Sept. 16, 2007, during a deadly incident in Baghdad's Nisoor Square. The outcry over the incident prompted the formation of a State Department unit to investigate alleged use of force by contractors against Iraqi civilians. That unit is coming under fire for allegedly relying too heavily on contractors, itself.

(AP)

Prosecutors questioned dozens of witnesses in the case, including the father of a young boy killed in the shooting. The investigation has focused on between three and six guards who could face charges.

The 30-year minimum sentence was passed as part of a broad law passed in the final days of the Reagan administration. It created the position of drug czar and boosted penalties for violence and drug crimes.

"Our ultimate destination: a drug-free America," President Reagan said in signing the law. "And now in the eleventh hour of this presidency, we give a new sword and shield to those whose daily business it is to eliminate from America's streets and towns the scourge of illicit drugs."

Related

Blackwater Machine Gun Found in Raid on Iraqi Insurgents

Blackwater May Have Fudged Numbers to Get $100M in Contracts

Blackwater 'Blood Money' Angers Iraqis

Regardless of the charges they bring, prosecutors will have a tough fight. The law is unclear on whether contractors can be charged in the U.S., or anywhere, for crimes committed overseas. An indictment would send the message that the Justice Department believes contractors do not operate with legal impunity in war zones.

To prosecute, authorities must argue that the guards can be charged under a law meant to cover soldiers and military contractors. Since Blackwater works for the State Department, not the military, it's unclear whether that law applies to its guards.

It would be the first such case of its kind. The Justice Department recently lost a similar case against former Marine Jose Luis Nazario Jr., who was charged in Riverside, Calif., with killing four unarmed Iraqi detainees.

Further complicating the case, the State Department promised several Blackwater guards limited immunity in exchange for their sworn statements shortly after the shooting. Prosecutors will need to show that they did not rely on those statements in building their case.

Copyright 2009 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.