Why should I pretend to be surprised?
WASHINGTON - The State Department promised Blackwater USA bodyguards
immunity from prosecution in its investigation of last month's deadly
shooting of 17 Iraqi civilians, The Associated Press has learned.
* * *
Three senior law enforcement officials said all the Blackwater
bodyguards involved — both in the vehicle convoy and in at least two
helicopters above — were given the legal protections as investigators
from the Bureau of Diplomatic Security sought to find out what
happened. The bureau is an arm of the State Department.
'Cause those 17 people who were killed were just, you know, A-rabs.
Thought experiment for you: suppose there had been a similar incident in New Orleans after Katrina where Blackwater mercenaries shot 17 Americans. Can you imagine what would happen if the government announced that it was giving all the Blackwater folks immunity from prosecution in such a case?
This isn't just immunity. It's impunity.
UPDATE: I'm stupid. When I wrote this yesterday, it never occurred to me to question the notion that the State Department had the power to confer legal immunity:
The State Department investigators from the agency’s investigative arm,
the Bureau of Diplomatic Security, offered the immunity grants even
though they did not have the authority to do so, the officials said.
Prosecutors at the Justice Department, who do have such authority, had
no advance knowledge of the arrangement, they added.
Considering that the Justice Department is currently being run by political temps, it's doubtful that it will firmly repudiate the State Department's attempted usurpation of its prosecutorial discretion, much less commence an obstruction of justice investigation targeting State Department personnel.
These issues should be taken up with AG-Designate Mulkasey before a vote is taken to confirm him. I'd ask him questions like, Does the State Department have the legal authority to confer immunity on suspects in criminal investigations? Has a government official who without such authority tells a suspect he has immunity broken the law? Can a suspect who makes statements to investigators while he believes he is operating under a grant of immunity fairly be prosecuted at all?