re: "Blackwater guard's statement at Smoking Gun"
"The case has many procedural difficulties, the primary being the law they are charged under does not apply to them, only to DoD contractors and military personnel and they are clearly State Department contractors. That alone should torpedo this, and regardless of the guilt or innocence of these men, using this law is a travesty."
"(U)nless the State Department is a subordinate unit of DoD, or they have subordinated their mission to DoD's then Blackwater employees definitely do not fall under this description. This is a case of the prosecutors attempting to steal a march by making their own incorrect finding that they were members of the Armed Forces. If say a Department of Energy contractor was sent along with a military team to help recover a nuke and he has a shoot out, that might fit this definition, but BW's guys absolutely not. The prosecutors also claim that since the military would have to guard the diplomats if BW didn't then they are performing a military function. BS again, State does not want military guards specifically to avoid being dependent on DoD. If it wasn't BW it would be GS civilians not soldiers."