The Virginian-Pilot
©
NORFOLK
A federal judge Friday refused to throw out charges against two former Blackwater security workers accused of killing two Afghan civilians, clearing the way for a September trial.
Lawyers for Christopher Drotleff and Justin Cannon challenged the constitutionality of the indictment against the two men, claiming that the long arm of the U.S. government could not extend to Afghan soil.
U.S. District Judge Robert G. Doumar quickly dismissed that notion.
"You're asking that he be sent back to Afghanistan" to face charges there? Doumar asked Cannon's lawyer. "Is that what you really want?"
"That's not an option for this court," said Assistant Federal Public Defender Larry Dash, one of Cannon's lawyers.
Drotleff, of Virginia Beach, and Cannon, of Texas, were charged under a 10-year-old act of Congress meant to close loopholes that prevented the government from charging nonmilitary civilians with crimes committed outside the territorial jurisdiction of the United States.
Dash argued that the men couldn't be charged because they were off duty and outside the American base where they were stationed.
Doumar disagreed.
"I think the act is constitutional," Doumar said. "You can take it up with the Supreme Court of the United States."
The attorneys said the act has never been challenged before the nation's highest court.
Drotleff and Cannon were employed by Paravant, a subsidiary of Blackwater - now known as Xe - in May 2009. They were based at Camp Alamo in Kabul, training the Afghan National Army on the use of weapons.
The indictment alleges that both men fired at unarmed Afghan civilians following a traffic accident in Kabul, killing two and wounding a third. The trial is set for Sept. 14.
In recent court filings, government prosecutors say Cannon and Drotleff were "drinking heavily" in the early evening hours of May 5, 2009, while attending parties at bases around Kabul.
After returning to their home camp, they were specifically ordered not to leave but jumped in a vehicle anyway, armed with guns, to drive some Afghan interpreters to a taxi stand, the court papers say.
A car they were traveling with was involved in an accident ahead of their vehicle. Two Afghans in another car approached and stopped to offer assistance. Prosecutors said Cannon and Drotleff "became combative" with the two men and opened fire on them as they tried to drive away. One man in the car was killed, as well as a passer-by.
Drotleff and Cannon say they fired in self-defense, fearful that the Afghans were attacking them.
Drotleff's family is trying to drum up support for him through a Facebook page they established. The page, called Support Chris Drotleff, appears to be maintained by his wife and includes a diary of her jail visits with him and letters he wrote.
In one letter, dated June 16, Drotleff says the "truth keeps seeping out" as he gets closer to trial:
"My question is when all this is over and that jury says 'Not Guilty' what do I get back? Do I get back my daughter's infant months? Do I get back my son's 4th birthday? Do I get back all this time lost with my family? Do I get back the financial damage done by this case? Do I get back the 'I love you daddy's' at bedtime?"
Tim McGlone, (757) 446-2343, tim.mcglone@pilotonline.com
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A friend of mine...
I find it absolutely disgusting that so many people are willing to act as though these men are guilty, not even having any insight as to what evidence exists in the case, or anything about it in general besides what they read in the papers. The comment about blood-thirst and greed, I don’t understand why the moderator didn’t remove it. Isn’t there a rule against personal attacks in comments here? At any rate, the people who have left foul statements about this story should be ashamed of themselves! You’re willing to call them guilty before trial? And you call yourself an American… Do yourself a favor and get out of my country… Chris and his family are close friends of mine. I was there when his first child was born. I saw that glimmer in his eye upon seeing his infant son. He is a good man and I may be slightly bias about the subject, but I believe whole heartedly that he is innocent and was justified in pulling that trigger. Isn’t that what the law says to begin with, innocent until proven guilty? Come September 14th when these charges are reduced or thrown out all-together, I think everyone of you owe these men and their families an apology…
Talks without intelligence/snake
Yes. I do know how he made his money. When a company he was with was sold. This company helped victims of Hurricane Katrina to include housing the victims in some employees homes that volunteered at thier own expense. They also have helped protect this countries critical assets by helping train and equip Law Enforcement and other emergency services to help out some less fortunate communities. Also, he served his country honorably, which is more than I can say for come certain individuals.
Who did not serve their country honorably?
Are you referring to Dick Cheney, Mitch McConnell or John Boehner? Or maybe you mean Rush Limbaugh, Sean Hannity, Bill O'Reilly, Sarah Palin, Ann Coulter, Pat Buchannan, Lou Dobbs or Glenn Beck? Or could you mean Tom Tancredo, Rand Paul or Karl Rove. Possibly you have in mind Ollie North who wore (or should I say, hid behind) the uniform but obviously dishonored it with his crimes and obstruction of justice. Were these the "certain individuals" you were referring to?
why don't
you tell that to the families of those that have been killed by our enemies, the religous zealots that started with the WTC bombing, the killing of our soldiers with roadside bombs and the beheading of contractors working for our companies. SSSSSnake..... you might just be one.
Makes no sense
To continue to use the victims of tragedy to rat ionize this behavior. Come to the discussion with supposed American values as to our purpose and desire to stabilize volatile
situations in other countries. You validate nothing by exploiting the memory of WTC
"exploiting the memory of WTC"
Like Bush did?
oh, that makes sense
Convicting them because the Company they worked for has a bad reputation sounds real logical.
Nope....
you convict them because they became greedy and blood thristy and wanted to play Rambo without considering the consequences.......
proof positive
As to why we can never win another war. We have too many liberal, whining, cry babies that would rather see soldiers prosecuted than enemies killed. With the current mindset of the left in this country and their idea of rules on engagement, the US military is defanged in terms of victory. Had these same maggots been around during WWII, the bomb would've never been dropped and million of US soldiers would have died in Japan. The firebombing of Bresden and of other German cities...are you kidding me? We must defeat the enemy in our own country before we can ever win another war abroad and most in the military know that already. Mrs. "hang'em high" why dont you try telling a US servicemen that face to face.
Yeah - those liberal maggots
wanting US forces (and contractors) to follow rules of engagement that might stand a faint chance of leading to a positive outcome. Sissies. It's perfectly appropriate to kill a couple of civilians to help clear a traffic jam. Really wins hearts and minds. Petraeus and McChrystal - those commies - they dreamed up this cry baby counterinsurgency kid gloves BS in Afghanistan. Real men bomb first and ask questions later. How did these wimps rise to command? Oh yeah, it was that Pinko GW Bush who put them at the top. Enemies everywhere. What is to become of us? Boo hoo.