By Joby Warrick Washington Post Staff Writer Tuesday, March 16, 2010; A05
Federal auditors on Monday put a stop to Army plans to award a $1 billion training program for Afghan police officers to the company formerly known as Blackwater, concluding that other companies were unfairly excluded from bidding on the job.
The decision by the Government Accountability Office leaves unclear who will oversee training of the struggling Afghan National Police, a poorly equipped, 90,000-strong paramilitary force that will inherit the task of preserving order in the country after NATO troops depart.
GAO officials upheld a protest by DynCorp International Inc., which currently conducts training for Afghan police under a State Department contract. DynCorp lawyers argued that the company should have been allowed to submit bids when management of the training program passed from State to the Army. Instead, Pentagon officials allowed the training program to be attached to an existing Defense contract that supports counternarcotics efforts in Afghanistan.
Xe Services, the new name of Blackwater, was poised to win one portion of a much larger group of contracts, shared among five corporations, that could earn the companies more than $15 billion over five years.
GAO officials said the decision will allow a new round of bidding by DynCorp and other firms, including Xe Services.
"We recognize the Army's position that it needs to swiftly award a contract for these services," said Ralph O. White, an attorney with the GAO's procurement oversight division. But he said the Army must conduct a "full and open competition," or explain in writing why DynCorp had been excluded.
The Pentagon's decision to allow Xe to run the training program drew a strong protest last week from Carl M. Levin (D-Mich.), chairman of the Senate Armed Services Committee. Levin cited a history of allegedly abusive behavior by the contractor's employees, including misappropriation of government weapons and hiring of workers with criminal records that included assault and drug offenses. He also accused managers of the private security company of lying to win lucrative jobs in Afghanistan.
Levin, responding to Monday's GAO decision, said government contracting practices had too often been unfairly exclusive, though he acknowledged that Xe may ultimately end up as the winner in competitive bidding.
"If this contract is re-bid and Blackwater is among the bidders, I hope that the Defense Department will take a close look at the company to determine if it is a suitable contracting partner for the U.S. government," he said.
A spokesman for Xe declined to comment.
DynCorp President Bill Ballhaus welcomed the decision.
"We are performing this crucial training mission now, and will continue to meet all objectives of the commanders on the ground while a full and transparent bidding process can ensure the best outcome for the taxpayer, our mission and the Afghan people," he said.
At a covert forward operating base run by the US Joint Special Operations Command (JSOC) in the Pakistani port city of Karachi, members of an elite division of Blackwater are at the center of a secret program in which they plan targeted assassinations of suspected Taliban and Al Qaeda operatives, "snatch and grabs" of high-value targets and other sensitive action inside and outside Pakistan, an investigation by The Nation has found. The Blackwater operatives also assist in gathering intelligence and help direct a secret US military drone bombing campaign that runs parallel to the well-documented CIA predator strikes, according to a well-placed source within the US military intelligence apparatus.
The source, who has worked on covert US military programs for years, including in Afghanistan and Pakistan, has direct knowledge of Blackwater's involvement. He spoke to The Nation on condition of anonymity because the program is classified. The source said that the program is so "compartmentalized" that senior figures within the Obama administration and the US military chain of command may not be aware of its existence.
The White House did not return calls or email messages seeking comment for this story. Capt. John Kirby, the spokesperson for Adm. Michael Mullen, Chair of the Joint Chiefs of Staff, told The Nation, "We do not discuss current operations one way or the other, regardless of their nature." A defense official, on background, specifically denied that Blackwater performs work on drone strikes or intelligence for JSOC in Pakistan. "We don't have any contracts to do that work for us. We don't contract that kind of work out, period," the official said. "There has not been, and is not now, contracts between JSOC and that organization for these types of services."
Blackwater's founder Erik Prince contradicted this statement in a recent interview, telling Vanity Fair that Blackwater works with US Special Forces in identifying targets and planning missions, citing an operation in Syria. The magazine also published a photo of a Blackwater base near the Afghanistan-Pakistan border.
The previously unreported program, the military intelligence source said, is distinct from the CIA assassination program that the agency's director, Leon Panetta, announced he had canceled in June 2009. "This is a parallel operation to the CIA," said the source. "They are two separate beasts." The program puts Blackwater at the epicenter of a US military operation within the borders of a nation against which the United States has not declared war--knowledge that could further strain the already tense relations between the United States and Pakistan. In 2006, the United States and Pakistan struck a deal that authorized JSOC to enter Pakistan to hunt Osama bin Laden with the understanding that Pakistan would deny it had given permission. Officially, the United States is not supposed to have any active military operations in the country.
Blackwater, which recently changed its name to Xe Services and US Training Center, denies the company is operating in Pakistan. "Xe Services has only one employee in Pakistan performing construction oversight for the U.S. Government," Blackwater spokesperson Mark Corallo said in a statement to The Nation, adding that the company has "no other operations of any kind in Pakistan."
A former senior executive at Blackwater confirmed the military intelligence source's claim that the company is working in Pakistan for the CIA and JSOC, the premier counterterrorism and covert operations force within the military. He said that Blackwater is also working for the Pakistani government on a subcontract with an Islamabad-based security firm that puts US Blackwater operatives on the ground with Pakistani forces in counter-terrorism operations, including house raids and border interdictions, in the North-West Frontier Province and elsewhere in Pakistan. This arrangement, the former executive said, allows the Pakistani government to utilize former US Special Operations forces who now work for Blackwater while denying an official US military presence in the country. He also confirmed that Blackwater has a facility in Karachi and has personnel deployed elsewhere in Pakistan. The former executive spoke on condition of anonymity.
His account and that of the military intelligence source were borne out by a US military source who has knowledge of Special Forces actions in Pakistan and Afghanistan. When asked about Blackwater's covert work for JSOC in Pakistan, this source, who also asked for anonymity, told The Nation, "From my information that I have, that is absolutely correct," adding, "There's no question that's occurring."
"It wouldn't surprise me because we've outsourced nearly everything," said Col. Lawrence Wilkerson, who served as Secretary of State Colin Powell's chief of staff from 2002 to 2005, when told of Blackwater's role in Pakistan. Wilkerson said that during his time in the Bush administration, he saw the beginnings of Blackwater's involvement with the sensitive operations of the military and CIA. "Part of this, of course, is an attempt to get around the constraints the Congress has placed on DoD. If you don't have sufficient soldiers to do it, you hire civilians to do it. I mean, it's that simple. It would not surprise me."
The Counterterrorism Tag Team in Karachi
The covert JSOC program with Blackwater in Pakistan dates back to at least 2007, according to the military intelligence source. The current head of JSOC is Vice Adm. William McRaven, who took over the post from Gen. Stanley McChrystal, who headed JSOC from 2003 to 2008 before being named the top US commander in Afghanistan. Blackwater's presence in Pakistan is "not really visible, and that's why nobody has cracked down on it," said the source. Blackwater's operations in Pakistan, he said, are not done through State Department contracts or publicly identified Defense contracts. "It's Blackwater via JSOC, and it's a classified no-bid [contract] approved on a rolling basis." The main JSOC/Blackwater facility in Karachi, according to the source, is nondescript: three trailers with various generators, satellite phones and computer systems are used as a makeshift operations center. "It's a very rudimentary operation," says the source. "I would compare it to [CIA] outposts in Kurdistan or any of the Special Forces outposts. It's very bare bones, and that's the point."
Blackwater's work for JSOC in Karachi is coordinated out of a Task Force based at Bagram Air Base in neighboring Afghanistan, according to the military intelligence source. While JSOC technically runs the operations in Karachi, he said, it is largely staffed by former US special operations soldiers working for a division of Blackwater, once known as Blackwater SELECT, and intelligence analysts working for a Blackwater affiliate, Total Intelligence Solutions (TIS), which is owned by Erik Prince. The military source said that the name Blackwater SELECT may have been changed recently. Total Intelligence, which is run out of an office on the ninth floor of a building in the Ballston area of Arlington, Virginia, is staffed by former analysts and operatives from the CIA, DIA, FBI and other agencies. It is modeled after the CIA's counterterrorism center. In Karachi, TIS runs a "media-scouring/open-source network," according to the source. Until recently, Total Intelligence was run by two former top CIA officials, Cofer Black and Robert Richer, both of whom have left the company. In Pakistan, Blackwater is not using either its original name or its new moniker, Xe Services, according to the former Blackwater executive. "They are running most of their work through TIS because the other two [names] have such a stain on them," he said. Corallo, the Blackwater spokesperson, denied that TIS or any other division or affiliate of Blackwater has any personnel in Pakistan.
The US military intelligence source said that Blackwater's classified contracts keep getting renewed at the request of JSOC. Blackwater, he said, is already so deeply entrenched that it has become a staple of the US military operations in Pakistan. According to the former Blackwater executive, "The politics that go with the brand of BW is somewhat set aside because what you're doing is really one military guy to another." Blackwater's first known contract with the CIA for operations in Afghanistan was awarded in 2002 and was for work along the Afghanistan-Pakistan border.
One of the concerns raised by the military intelligence source is that some Blackwater personnel are being given rolling security clearances above their approved clearances. Using Alternative Compartmentalized Control Measures (ACCMs), he said, the Blackwater personnel are granted clearance to a Special Access Program, the bureaucratic term used to describe highly classified "black" operations. "With an ACCM, the security manager can grant access to you to be exposed to and operate within compartmentalized programs far above 'secret'--even though you have no business doing so," said the source. It allows Blackwater personnel that "do not have the requisite security clearance or do not hold a security clearance whatsoever to participate in classified operations by virtue of trust," he added. "Think of it as an ultra-exclusive level above top secret. That's exactly what it is: a circle of love." Blackwater, therefore, has access to "all source" reports that are culled in part from JSOC units in the field. "That's how a lot of things over the years have been conducted with contractors," said the source. "We have contractors that regularly see things that top policy-makers don't unless they ask."
According to the source, Blackwater has effectively marketed itself as a company whose operatives have "conducted lethal direct action missions and now, for a price, you can have your own planning cell. JSOC just ate that up," he said, adding, "They have a sizable force in Pakistan--not for any nefarious purpose if you really want to look at it that way--but to support a legitimate contract that's classified for JSOC." Blackwater's Pakistan JSOC contracts are secret and are therefore shielded from public oversight, he said. The source is not sure when the arrangement with JSOC began, but he says that a spin-off of Blackwater SELECT "was issued a no-bid contract for support to shooters for a JSOC Task Force and they kept extending it." Some of the Blackwater personnel, he said, work undercover as aid workers. "Nobody even gives them a second thought."
The military intelligence source said that the Blackwater/JSOC Karachi operation is referred to as "Qatar cubed," in reference to the US forward operating base in Qatar that served as the hub for the planning and implementation of the US invasion of Iraq. "This is supposed to be the brave new world," he says. "This is the Jamestown of the new millennium and it's meant to be a lily pad. You can jump off to Uzbekistan, you can jump back over the border, you can jump sideways, you can jump northwest. It's strategically located so that they can get their people wherever they have to without having to wrangle with the military chain of command in Afghanistan, which is convoluted. They don't have to deal with that because they're operating under a classified mandate."
In addition to planning drone strikes and operations against suspected Al Qaeda and Taliban forces in Pakistan for both JSOC and the CIA, the Blackwater team in Karachi also helps plan missions for JSOC inside Uzbekistan against the Islamic Movement of Uzbekistan, according to the military intelligence source. Blackwater does not actually carry out the operations, he said, which are executed on the ground by JSOC forces. "That piqued my curiosity and really worries me because I don't know if you noticed but I was never told we are at war with Uzbekistan," he said. "So, did I miss something, did Rumsfeld come back into power?"
Pakistan's Military Contracting Maze
Blackwater, according to the military intelligence source, is not doing the actual killing as part of its work in Pakistan. "The SELECT personnel are not going into places with private aircraft and going after targets," he said. "It's not like Blackwater SELECT people are running around assassinating people." Instead, US Special Forces teams carry out the plans developed in part by Blackwater. The military intelligence source drew a distinction between the Blackwater operatives who work for the State Department, which he calls "Blackwater Vanilla," and the seasoned Special Forces veterans who work on the JSOC program. "Good or bad, there's a small number of people who know how to pull off an operation like that. That's probably a good thing," said the source. "It's the Blackwater SELECT people that have and continue to plan these types of operations because they're the only people that know how and they went where the money was. It's not trigger-happy fucks, like some of the PSD [Personal Security Detail] guys. These are not people that believe that Barack Obama is a socialist, these are not people that kill innocent civilians. They're very good at what they do."
The former Blackwater executive, when asked for confirmation that Blackwater forces were not actively killing people in Pakistan, said, "that's not entirely accurate." While he concurred with the military intelligence source's description of the JSOC and CIA programs, he pointed to another role Blackwater is allegedly playing in Pakistan, not for the US government but for Islamabad. According to the executive, Blackwater works on a subcontract for Kestral Logistics, a powerful Pakistani firm, which specializes in military logistical support, private security and intelligence consulting. It is staffed with former high-ranking Pakistani army and government officials. While Kestral's main offices are in Pakistan, it also has branches in several other countries.
A spokesperson for the US State Department's Directorate of Defense Trade Controls (DDTC), which is responsible for issuing licenses to US corporations to provide defense-related services to foreign governments or entities, would neither confirm nor deny for The Nation that Blackwater has a license to work in Pakistan or to work with Kestral. "We cannot help you," said department spokesperson David McKeeby after checking with the relevant DDTC officials. "You'll have to contact the companies directly." Blackwater's Corallo said the company has "no operations of any kind" in Pakistan other than the one employee working for the DoD. Kestral did not respond to inquiries from The Nation.
According to federal lobbying records, Kestral recently hired former Assistant Secretary of State for Western Hemisphere Affairs Roger Noriega, who served in that post from 2003 to 2005, to lobby the US government, including the State Department, USAID and Congress, on foreign affairs issues "regarding [Kestral's] capabilities to carry out activities of interest to the United States." Noriega was hired through his firm, Vision Americas, which he runs with Christina Rocca, a former CIA operations official who served as assistant secretary of state for South Asian affairs from 2001 to 2006 and was deeply involved in shaping US policy toward Pakistan. In October 2009, Kestral paid Vision Americas $15,000 and paid a Vision Americas-affiliated firm, Firecreek Ltd., an equal amount to lobby on defense and foreign policy issues.
For years, Kestral has done a robust business in defense logistics with the Pakistani government and other nations, as well as top US defense companies. Blackwater owner Erik Prince is close with Kestral CEO Liaquat Ali Baig, according to the former Blackwater executive. "Ali and Erik have a pretty close relationship," he said. "They've met many times and struck a deal, and they [offer] mutual support for one another." Working with Kestral, he said, Blackwater has provided convoy security for Defense Department shipments destined for Afghanistan that would arrive in the port at Karachi. Blackwater, according to the former executive, would guard the supplies as they were transported overland from Karachi to Peshawar and then west through the Torkham border crossing, the most important supply route for the US military in Afghanistan.
According to the former executive, Blackwater operatives also integrate with Kestral's forces in sensitive counterterrorism operations in the North-West Frontier Province, where they work in conjunction with the Pakistani Interior Ministry's paramilitary force, known as the Frontier Corps (alternately referred to as "frontier scouts"). The Blackwater personnel are technically advisers, but the former executive said that the line often gets blurred in the field. Blackwater "is providing the actual guidance on how to do [counterterrorism operations] and Kestral's folks are carrying a lot of them out, but they're having the guidance and the overwatch from some BW guys that will actually go out with the teams when they're executing the job," he said. "You can see how that can lead to other things in the border areas." He said that when Blackwater personnel are out with the Pakistani teams, sometimes its men engage in operations against suspected terrorists. "You've got BW guys that are assisting... and they're all going to want to go on the jobs--so they're going to go with them," he said. "So, the things that you're seeing in the news about how this Pakistani military group came in and raided this house or did this or did that--in some of those cases, you're going to have Western folks that are right there at the house, if not in the house." Blackwater, he said, is paid by the Pakistani government through Kestral for consulting services. "That gives the Pakistani government the cover to say, 'Hey, no, we don't have any Westerners doing this. It's all local and our people are doing it.' But it gets them the expertise that Westerners provide for [counterterrorism]-related work."
The military intelligence source confirmed Blackwater works with the Frontier Corps, saying, "There's no real oversight. It's not really on people's radar screen."
In October, in response to Pakistani news reports that a Kestral warehouse in Islamabad was being used to store heavy weapons for Blackwater, the US Embassy in Pakistan released a statement denying the weapons were being used by "a private American security contractor." The statement said, "Kestral Logistics is a private logistics company that handles the importation of equipment and supplies provided by the United States to the Government of Pakistan. All of the equipment and supplies were imported at the request of the Government of Pakistan, which also certified the shipments."
Who is Behind the Drone Attacks?
Since President Barack Obama was inaugurated, the United States has expanded drone bombing raids in Pakistan. Obama first ordered a drone strike against targets in North and South Waziristan on January 23, and the strikes have been conducted consistently ever since. The Obama administration has now surpassed the number of Bush-era strikes in Pakistan and has faced fierce criticism from Pakistan and some US lawmakers over civilian deaths. A drone attack in June killed as many as sixty people attending a Taliban funeral.
In August, the New York Times reported that Blackwater works for the CIA at "hidden bases in Pakistan and Afghanistan, where the company's contractors assemble and load Hellfire missiles and 500-pound laser-guided bombs on remotely piloted Predator aircraft." In February, The Times of London obtained a satellite image of a secret CIA airbase in Shamsi, in Pakistan's southwestern province of Baluchistan, showing three drone aircraft. The New York Times also reported that the agency uses a secret base in Jalalabad, Afghanistan, to strike in Pakistan.
The military intelligence source says that the drone strike that reportedly killed Pakistani Taliban leader Baitullah Mehsud, his wife and his bodyguards in Waziristan in August was a CIA strike, but that many others attributed in media reports to the CIA are actually JSOC strikes. "Some of these strikes are attributed to OGA [Other Government Agency, intelligence parlance for the CIA], but in reality it's JSOC and their parallel program of UAVs [unmanned aerial vehicles] because they also have access to UAVs. So when you see some of these hits, especially the ones with high civilian casualties, those are almost always JSOC strikes." The Pentagon has stated bluntly, "There are no US military strike operations being conducted in Pakistan."
The military intelligence source also confirmed that Blackwater continues to work for the CIA on its drone bombing program in Pakistan, as previously reported in the New York Times, but added that Blackwater is working on JSOC's drone bombings as well. "It's Blackwater running the program for both CIA and JSOC," said the source. When civilians are killed, "people go, 'Oh, it's the CIA doing crazy shit again unchecked.' Well, at least 50 percent of the time, that's JSOC [hitting] somebody they've identified through HUMINT [human intelligence] or they've culled the intelligence themselves or it's been shared with them and they take that person out and that's how it works."
The military intelligence source says that the CIA operations are subject to Congressional oversight, unlike the parallel JSOC bombings. "Targeted killings are not the most popular thing in town right now and the CIA knows that," he says. "Contractors and especially JSOC personnel working under a classified mandate are not [overseen by Congress], so they just don't care. If there's one person they're going after and there's thirty-four people in the building, thirty-five people are going to die. That's the mentality." He added, "They're not accountable to anybody and they know that. It's an open secret, but what are you going to do, shut down JSOC?"
In addition to working on covert action planning and drone strikes, Blackwater SELECT also provides private guards to perform the sensitive task of security for secret US drone bases, JSOC camps and Defense Intelligence Agency camps inside Pakistan, according to the military intelligence source.
Mosharraf Zaidi, a well-known Pakistani journalist who has served as a consultant for the UN and European Union in Pakistan and Afghanistan, says that the Blackwater/JSOC program raises serious questions about the norms of international relations. "The immediate question is, How do you define the active pursuit of military objectives in a country with which not only have you not declared war but that is supposedly a front-line non-NATO ally in the US struggle to contain extremist violence coming out of Afghanistan and the border regions of Afghanistan and Pakistan?" asks Zaidi, who is currently a columnist for The News, the biggest English-language daily in Pakistan. "Let's forget Blackwater for a second. What this is confirming is that there are US military operations in Pakistan that aren't about logistics or getting food to Bagram; that are actually about the exercise of physical violence, physical force inside of Pakistani territory."
JSOC: Rumsfeld and Cheney's Extra Special Force
Colonel Wilkerson said that he is concerned that with General McChrystal's elevation as the military commander of the Afghan war--which is increasingly seeping into Pakistan--there is a concomitant rise in JSOC's power and influence within the military structure. "I don't see how you can escape that; it's just a matter of the way the authority flows and the power flows, and it's inevitable, I think," Wilkerson told The Nation. He added, "I'm alarmed when I see execute orders and combat orders that go out saying that the supporting force is Central Command and the supported force is Special Operations Command," under which JSOC operates. "That's backward. But that's essentially what we have today."
From 2003 to 2008 McChrystal headed JSOC, which is headquartered at Pope Air Force Base and Fort Bragg in North Carolina, where Blackwater's 7,000-acre operating base is also situated. JSOC controls the Army's Delta Force, the Navy's SEAL Team 6, as well as the Army's 75th Ranger Regiment and 160th Special Operations Aviation Regiment, and the Air Force's 24th Special Tactics Squadron. JSOC performs strike operations, reconnaissance in denied areas and special intelligence missions. Blackwater, which was founded by former Navy SEALs, employs scores of veteran Special Forces operators--which several former military officials pointed to as the basis for Blackwater's alleged contracts with JSOC.
Since 9/11, many top-level Special Forces veterans have taken up employment with private firms, where they can make more money doing the highly specialized work they did in uniform. "The Blackwater individuals have the experience. A lot of these individuals are retired military, and they've been around twenty to thirty years and have experience that the younger Green Beret guys don't," said retired Army Lieut. Col. Jeffrey Addicott, a well-connected military lawyer who served as senior legal counsel for US Army Special Forces. "They're known entities. Everybody knows who they are, what their capabilities are, and they've got the experience. They're very valuable."
"They make much more money being the smarts of these operations, planning hits in various countries and basing it off their experience in Chechnya, Bosnia, Somalia, Ethiopia," said the military intelligence source. "They were there for all of these things, they know what the hell they're talking about. And JSOC has unfortunately lost the institutional capability to plan within, so they hire back people that used to work for them and had already planned and executed these [types of] operations. They hired back people that jumped over to Blackwater SELECT and then pay them exorbitant amounts of money to plan future operations. It's a ridiculous revolving door."
While JSOC has long played a central role in US counterterrorism and covert operations, military and civilian officials who worked at the Defense and State Departments during the Bush administration described in interviews with The Nation an extremely cozy relationship that developed between the executive branch (primarily through Vice President Dick Cheney and Defense Secretary Donald Rumsfeld) and JSOC. During the Bush era, Special Forces turned into a virtual stand-alone operation that acted outside the military chain of command and in direct coordination with the White House. Throughout the Bush years, it was largely General McChrystal who ran JSOC. "What I was seeing was the development of what I would later see in Iraq and Afghanistan, where Special Operations forces would operate in both theaters without the conventional commander even knowing what they were doing," said Colonel Wilkerson. "That's dangerous, that's very dangerous. You have all kinds of mess when you don't tell the theater commander what you're doing."
Wilkerson said that almost immediately after assuming his role at the State Department under Colin Powell, he saw JSOC being politicized and developing a close relationship with the executive branch. He saw this begin, he said, after his first Delta Force briefing at Fort Bragg. "I think Cheney and Rumsfeld went directly into JSOC. I think they went into JSOC at times, perhaps most frequently, without the SOCOM [Special Operations] commander at the time even knowing it. The receptivity in JSOC was quite good," says Wilkerson. "I think Cheney was actually giving McChrystal instructions, and McChrystal was asking him for instructions." He said the relationship between JSOC and Cheney and Rumsfeld "built up initially because Rumsfeld didn't get the responsiveness. He didn't get the can-do kind of attitude out of the SOCOM commander, and so as Rumsfeld was wont to do, he cut him out and went straight to the horse's mouth. At that point you had JSOC operating as an extension of the [administration] doing things the executive branch--read: Cheney and Rumsfeld--wanted it to do. This would be more or less carte blanche. You need to do it, do it. It was very alarming for me as a conventional soldier."
Wilkerson said the JSOC teams caused diplomatic problems for the United States across the globe. "When these teams started hitting capital cities and other places all around the world, [Rumsfeld] didn't tell the State Department either. The only way we found out about it is our ambassadors started to call us and say, 'Who the hell are these six-foot-four white males with eighteen-inch biceps walking around our capital cities?' So we discovered this, we discovered one in South America, for example, because he actually murdered a taxi driver, and we had to get him out of there real quick. We rendered him--we rendered him home."
As part of their strategy, Rumsfeld and Cheney also created the Strategic Support Branch (SSB), which pulled intelligence resources from the Defense Intelligence Agency and the CIA for use in sensitive JSOC operations. The SSB was created using "reprogrammed" funds "without explicit congressional authority or appropriation," according to the Washington Post. The SSB operated outside the military chain of command and circumvented the CIA's authority on clandestine operations. Rumsfeld created it as part of his war to end "near total dependence on CIA." Under US law, the Defense Department is required to report all deployment orders to Congress. But guidelines issued in January 2005 by former Under Secretary of Defense for Intelligence Stephen Cambone stated that Special Operations forces may "conduct clandestine HUMINT operations...before publication" of a deployment order. This effectively gave Rumsfeld unilateral control over clandestine operations.
The military intelligence source said that when Rumsfeld was defense secretary, JSOC was deployed to commit some of the "darkest acts" in part to keep them concealed from Congress. "Everything can be justified as a military operation versus a clandestine intelligence performed by the CIA, which has to be informed to Congress," said the source. "They were aware of that and they knew that, and they would exploit it at every turn and they took full advantage of it. They knew they could act extra-legally and nothing would happen because A, it was sanctioned by DoD at the highest levels, and B, who was going to stop them? They were preparing the battlefield, which was on all of the PowerPoints: 'Preparing the Battlefield.'"
The significance of the flexibility of JSOC's operations inside Pakistan versus the CIA's is best summed up by Senator Dianne Feinstein, chair of the Senate Select Committee on Intelligence. "Every single intelligence operation and covert action must be briefed to the Congress," she said. "If they are not, that is a violation of the law."
Blackwater: Company Non Grata in Pakistan
For months, the Pakistani media has been flooded with stories about Blackwater's alleged growing presence in the country. For the most part, these stories have been ignored by the US press and denounced as lies or propaganda by US officials in Pakistan. But the reality is that, although many of the stories appear to be wildly exaggerated, Pakistanis have good reason to be concerned about Blackwater's operations in their country. It is no secret in Washington or Islamabad that Blackwater has been a central part of the wars in Afghanistan and Pakistan and that the company has been involved--almost from the beginning of the "war on terror"--with clandestine US operations. Indeed, Blackwater is accepting applications for contractors fluent in Urdu and Punjabi. The US Ambassador to Pakistan, Anne Patterson, has denied Blackwater's presence in the country, stating bluntly in September, "Blackwater is not operating in Pakistan." In her trip to Pakistan in October, Secretary of State Hillary Clinton dodged questions from the Pakistani press about Blackwater's rumored Pakistani operations. Pakistan's interior minister, Rehman Malik, said on November 21 he will resign if Blackwater is found operating anywhere in Pakistan.
The Christian Science Monitor recently reported that Blackwater "provides security for a US-backed aid project" in Peshawar, suggesting the company may be based out of the Pearl Continental, a luxury hotel the United States reportedly is considering purchasing to use as a consulate in the city. "We have no contracts in Pakistan," Blackwater spokesperson Stacey DeLuke said recently. "We've been blamed for all that has gone wrong in Peshawar, none of which is true, since we have absolutely no presence there."
Reports of Blackwater's alleged presence in Karachi and elsewhere in the country have been floating around the Pakistani press for months. Hamid Mir, a prominent Pakistani journalist who rose to fame after his 1997 interview with Osama bin Laden, claimed in a recent interview that Blackwater is in Karachi. "The US [intelligence] agencies think that a number of Al-Qaeda and Taliban leaders are hiding in Karachi and Peshawar," he said. "That is why [Blackwater] agents are operating in these two cities." Ambassador Patterson has said that the claims of Mir and other Pakistani journalists are "wildly incorrect," saying they had compromised the security of US personnel in Pakistan. On November 20 the Washington Times, citing three current and former US intelligence officials, reported that Mullah Mohammed Omar, the leader of the Afghan Taliban, has "found refuge from potential U.S. attacks" in Karachi "with the assistance of Pakistan's intelligence service."
In September, the Pakistani press covered a report on Blackwater allegedly submitted by Pakistan's intelligence agencies to the federal interior ministry. In the report, the intelligence agencies reportedly allege that Blackwater was provided houses by a federal minister who is also helping them clear shipments of weapons and vehicles through Karachi's Port Qasim on the coast of the Arabian Sea. The military intelligence source did not confirm this but did say, "The port jives because they have a lot of [former] SEALs and they would revert to what they know: the ocean, instead of flying stuff in."
The Nation cannot independently confirm these allegations and has not seen the Pakistani intelligence report. But according to Pakistani press coverage, the intelligence report also said Blackwater has acquired "bungalows" in the Defense Housing Authority in the city. According to the DHA website, it is a large residential estate originally established "for the welfare of the serving and retired officers of the Armed Forces of Pakistan." Its motto is: "Home for Defenders." The report alleges Blackwater is receiving help from local government officials in Karachi and is using vehicles with license plates traditionally assigned to members of the national and provincial assemblies, meaning local law enforcement will not stop them.
The use of private companies like Blackwater for sensitive operations such as drone strikes or other covert work undoubtedly comes with the benefit of plausible deniability that places an additional barrier in an already deeply flawed system of accountability. When things go wrong, it's the contractors' fault, not the government's. But the widespread use of contractors also raises serious legal questions, particularly when they are a part of lethal, covert actions. "We are using contractors for things that in the past might have been considered to be a violation of the Geneva Convention," said Lt. Col. Addicott, who now runs the Center for Terrorism Law at St. Mary's University School of Law in San Antonio, Texas. "In my opinion, we have pressed the envelope to the breaking limit, and it's almost a fiction that these guys are not in offensive military operations." Addicott added, "If we were subjected to the International Criminal Court, some of these guys could easily be picked up, charged with war crimes and put on trial. That's one of the reasons we're not members of the International Criminal Court."
If there is one quality that has defined Blackwater over the past decade, it is the ability to survive against the odds while simultaneously reinventing and rebranding itself. That is most evident in Afghanistan, where the company continues to work for the US military, the CIA and the State Department despite intense criticism and almost weekly scandals. Blackwater's alleged Pakistan operations, said the military intelligence source, are indicative of its new frontier. "Having learned its lessons after the private security contracting fiasco in Iraq, Blackwater has shifted its operational focus to two venues: protecting things that are in danger and anticipating other places we're going to go as a nation that are dangerous," he said. "It's as simple as that."
About Jeremy Scahill
Jeremy Scahill, a Puffin Foundation Writing Fellow at The Nation Institute, is the author of the bestselling Blackwater: The Rise of the World's Most Powerful Mercenary Army, published by Nation Books. He is an award-winning investigative journalist and correspondent for the national radio and TV program Democracy Now
WASHINGTON — Private security guards from Blackwater Worldwide participated in some of the C.I.A.’s most sensitive activities — clandestine raids with agency officers against people suspected of being insurgents in Iraq and Afghanistan and the transporting of detainees, according to former company employees and intelligence officials.
The raids against suspects occurred on an almost nightly basis during the height of the Iraqi insurgency from 2004 to 2006, with Blackwater personnel playing central roles in what company insiders called “snatch and grab” operations, the former employees and current and former intelligence officers said.
Several former Blackwater guards said that their involvement in the operations became so routine that the lines supposedly dividing the Central Intelligence Agency, the military and Blackwater became blurred. Instead of simply providing security for C.I.A. officers, they say, Blackwater personnel at times became partners in missions to capture or kill militants in Iraq and Afghanistan, a practice that raises questions about the use of guns for hire on the battlefield.
Separately, former Blackwater employees said they helped provide security on some C.I.A. flights transporting detainees in the years after the 2001 terror attacks in the United States.
The secret missions illuminate a far deeper relationship between the spy agency and the private security company than government officials had acknowledged. Blackwater’s partnership with the C.I.A. has been enormously profitable for the North Carolina-based company, and became even closer after several top agency officials joined Blackwater.
“It became a very brotherly relationship,” said one former top C.I.A. officer. “There was a feeling that Blackwater eventually became an extension of the agency.”
George Little, a C.I.A. spokesman, would not comment on Blackwater’s ties to the agency. But he said the C.I.A. employs contractors to “enhance the skills of our own work force, just as American law permits.”
“Contractors give you flexibility in shaping and managing your talent mix — especially in the short term — but the accountability’s still yours,” he said.
Mark Corallo, a spokesman for Blackwater, said Thursday that it was never under contract to participate in clandestine raids with the C.I.A. or with Special Operations personnel in Iraq, Afghanistan or anywhere else.
Blackwater’s role in the secret operations raises concerns about the extent to which private security companies, hired for defensive guard duty, have joined in offensive military and intelligence operations.
Representative Rush D. Holt, a New Jersey Democrat who is chairman of the House Select Intelligence Oversight Panel, said in an interview that “the use of contractors in intelligence and paramilitary operations is a scandal waiting to be examined.” While he declined to comment on specific operations, Mr. Holt said that the use of contractors in such operations “got way out of hand.” He added, “It’s been very troubling to a lot of people.”
Blackwater, now known as Xe Services, has come under intense criticism for what Iraqis have described as reckless conduct by its security guards, and the company lost its lucrative State Department contract to provide diplomatic security for the United States Embassy in Baghdad earlier this year after a 2007 shooting that left 17 Iraqi civilians dead.
Blackwater’s ties to the C.I.A. have emerged in recent months, beginning with disclosures in The New York Times that the agency had hired the company as part of a program to assassinate leaders of Al Qaeda and to assist in the C.I.A.’s Predator drone program in Afghanistan and Pakistan.
Leon E. Panetta, the C.I.A. director, recently initiated an internal review examining all Blackwater contracts with the agency to ensure that the company was performing no missions that were “operational in nature,” according to one government official.
Five former Blackwater employees and four current and former American intelligence officials interviewed for this article would speak only on condition of anonymity because Blackwater’s activities for the agency were secret and former employees feared repercussions from the company. The Blackwater employees said they participated in the raids or had direct knowledge of them.
Along with the former officials, they provided few details about the targets of the raids in Iraq and Afghanistan, although they said that many of the Iraq raids were directed against members of Al Qaeda in Mesopotamia. To corroborate the claims of the company’s involvement, a former Blackwater security guard provided photographs to The Times that he said he took during the raids. They showed detainees and armed men whom he and a former company official identified as Blackwater employees. The former intelligence officials said that Blackwater’s work with the C.I.A. in Iraq and Afghanistan had grown out of its early contracts with the spy agency to provide security for the C.I.A. stations in both countries.
In the spring of 2002, Erik Prince, the founder of Blackwater, offered to help the spy agency guard its makeshift Afghan station in the Ariana Hotel in Kabul. Not long after Mr. Prince signed the security contract with Alvin B. Krongard, then the C.I.A.’s third-ranking official, dozens of Blackwater personnel — many of them former members of units of the Navy Seals or Army Delta Force — were sent to provide perimeter security for the C.I.A. station.
But the company’s role soon changed as Blackwater operatives began accompanying C.I.A. case officers on missions, according to former employees and intelligence officials.
A similar progression happened in Iraq, where Blackwater was first hired for “static security” of the Baghdad station. In addition, Blackwater was charged with providing personal security for C.I.A. officers wherever they traveled in the two countries. That meant that Blackwater personnel accompanied the officers even on offensive operations sometimes begun in conjunction with Delta Force or Navy Seals teams.
A former senior C.I.A. official said that Blackwater’s role expanded in 2005 as the Iraqi insurgency intensified. Fearful of the death or capture of one of its officers, the agency banned officers from leaving the Green Zone in Baghdad without security escorts, the official said.
That gave Blackwater greater influence over C.I.A. clandestine operations, since company personnel helped decide the safest way to conduct the missions.
The former American intelligence officials said that Blackwater guards were supposed to only provide perimeter security during raids, leaving it up to C.I.A. officers and Special Operations military personnel to capture or kill suspected insurgents or other targets.
“They were supposed to be the outer layer of the onion, out on the perimeter,” said one former Blackwater official of the security guards. Instead, “they were the drivers and the gunslingers,” said one former intelligence official.
But in the chaos of the operations, the roles of Blackwater, C.I.A., and military personnel sometimes merged. Former C.I.A. officials said that Blackwater guards often appeared eager to get directly involved in the operations. Experts said that the C.I.A.’s use of contractors in clandestine operations falls into a legal gray area because of the vagueness of language laying out what tasks only government employees may perform.
P.W. Singer, an expert in contracting at the Brookings Institution, said that the types of jobs that have been outsourced in recent years make a mockery of regulations about “inherently governmental” functions.
“We keep finding functions that have been outsourced that common sense, let alone U.S. government policy, would argue should not have been handed over to a private company,” he said. “And yet we do it again, and again, and again.”
According to one former Blackwater manager, the company’s involvement with the C.I.A. raids was “widely known” by Blackwater executives. “It was virtually continuous, and hundreds of guys were involved, rotating in and out,” over a period of several years, the former Blackwater manager said.
One former Blackwater guard recalled a meeting in Baghdad in 2004 in which Erik Prince addressed a group of Blackwater guards working with the C.I.A. At the meeting in an air hangar used by Blackwater, the guard said, Mr. Prince encouraged the Blackwater personnel “to do whatever it takes” to help the C.I.A. with the intensifying insurgency, the former guard recalled.
But it is not clear whether top C.I.A. officials in Washington knew or approved of the involvement by Blackwater officials in raids or whether only lower-level officials in Baghdad were aware of what happened on the ground.
The new details of Blackwater’s involvement in Iraq come at a time when the House Intelligence Committee is investigating the company’s role in the C.I.A.’s assassination program, and a federal grand jury in North Carolina is investigating a wide range of allegations of illegal activity by Blackwater and its personnel, including gun running to Iraq.
Several former Blackwater personnel said that Blackwater guards involved in the C.I.A. raids used weapons, including sawed-off M-4 automatic weapons with silencers, that were not approved for use by private contractors. In separate interviews, former Blackwater security personnel also said they were handpicked by senior Blackwater officials on several occasions to participate in secret flights transporting detainees around war zones.
They said that during the flights, teams of about 10 Blackwater personnel provided security over the detainees.
“A group of individuals were selected who could manage detainees without the use of lethal force,” said one former Blackwater guard who participated in one of the flights.
Intelligence officials deny that the agency has ever used Blackwater to fly high-value detainees in and out of secret C.I.A. prisons that were shut down earlier this year. Mr. Corallo, the Blackwater spokesman, said that company personnel were never involved in C.I.A. “rendition flights,” which transferred terrorism suspects to other countries for interrogation.
"They are still there, but we are transitioning them out," a State Department official told The Nation. According to the State Department, the $20 million represents an increase on an aviation contract that predates the Obama administration.
Despite its scandal-plagued track record, Blackwater (which has rebranded itself as Xe) continues to have a presence in Iraq, trains Afghan forces on US contracts and provides government-funded training for military and law enforcement inside the United States. The company is also actively bidding on other government contracts, including in Afghanistan, where the number of private contractors is swelling. According to federal contracting records reviewed by The Nation, since President Barack Obama took office in January the State Department has contracted with Blackwater for more than $174 million in "security services" alone in Iraq and Afghanistan and tens of millions more in "aviation services." Much of this money stems from existing contracts from the Bush era that have been continued by the Obama administration. While Obama certainly inherited a mess when it came to Blackwater's entrenchment in Iraq and Afghanistan, he has continued the widespread use of armed private contractors in both countries. Blackwater's role may be slowly shrinking, but its work is continuing through companies such as DynCorp and Triple Canopy.
"These contracts with Blackwater need to stop," says Representative Jan Schakowsky, an Illinois Democrat and a member of the House Select Committee on Intelligence. "There's already enough evidence of gross misconduct and serious additional allegations against the company and its owner to negate any possibility that this company should have a presence in Iraq, Afghanistan or any conflict zone--or any contract with the US government."
On July 24 the Army signed an $8.9 million contract with Blackwater's aviation wing, Presidential Airways, for aviation services at Bagram Air Base in Afghanistan. Bagram, home to a massive--and expanding--US-run prison, has been the subject of intense criticism from the ACLU and human rights groups for holdings hundreds of prisoners without charges and denying them habeas corpus and access to the International Committee of the Red Cross.
The Blackwater aviation contract for Afghanistan is described as "Air Charter for Things" and "Nonscheduled Chartered Passenger Air Transportation." The military signed an additional $1.4 million contract that day for "Nonscheduled" passenger transportation in Afghanistan. These payments are part of aviation contracts dating back to the Bush era, and continued under Obama, that have brought Blackwater tens of millions of dollars in Afghanistan since January. In May, Blackwater operatives on contract with the Department of Defense allegedly killed an unarmed Afghan civilian and wounded two others. Moreover, Presidential Airways is being sued by the families of US soldiers killed in a suspicious crash in Afghanistan in November 2004.
The sworn affidavits from the former Blackwater employees, first reported by The Nation on August 3, have sparked renewed calls on Capitol Hill for the Obama administration to cancel all business with Blackwater. "I believe that the behavior of Xe, its leadership, and many of its employees, puts our government and military personnel, as well as our military and diplomatic objectives, at serious risk," Schakowsky wrote in an August 6 letter to Secretary of State Hillary Clinton. "Given this company's history of abuse and in light of recent allegations, I urge you not to award further contracts to Xe and its affiliates and to review all existing contracts with this company." Schakowsky sent a similar letter to Secretary of Defense Robert Gates.
Meanwhile, VoteVets.org, a leading veterans' organization, has called on the House Committee on Oversight and Government Reform and the Senate Foreign Relations Committee to investigate the allegations contained in the sworn declarations submitted in the Eastern District of Virginia on August 3. VoteVets.org, which has more than 100,000 members, also appealed to the House and Senate Judiciary Committees to "immediately hold hearings, and make recommendations on a new legal structure" to hold private military contractors accountable for alleged crimes.
"Given the charges made against Xe and Erik Prince in these sworn statements, which include smuggling and use of illegal arms inside of Iraq, as well as the encouraged murder of innocent Iraqis, it is essential that these loopholes be closed, retroactively, so that Xe, Prince, and his employees cannot escape proper prosecution in the United States now or in the future," wrote the group's chair Jon Soltz, an Iraq War veteran, in a letter to Senator John Kerry and other lawmakers. "It is absolutely crucial that we show Iraqis and the rest of the world that no matter who you are or how big your company is, you will be held accountable for your conduct--especially when in a war zone. Failure to do so only emboldens our enemy, and gives them yet another tool to recruit more insurgents and terrorists that target our men and women in harm's way."
For its part, Blackwater/Xe issued a statement responding to the sworn statements of two of its former employees. The company called the allegations "unsubstantiated and offensive assertions." It said the lawyers representing alleged Iraqi victims of Blackwater "have chosen to slander Mr. Prince rather than raise legal arguments or actual facts that will be considered by a court of law. We are happy to engage them there."
What Blackwater/Xe's statement did not flatly say is that the allegations are untrue. "I would have expected a crisp denial," says military law expert Scott Horton, who has followed this case closely. "The statement had the look of a denial to it, without actually refuting the specific allegations. I can understand why from the perspective of a corporate public affairs officer--just repeating the allegations would be harmful and would add to their credibility."
Blackwater also claims that the accusations "hold no water" because, even though the two former employees said that they had already provided similar information to federal prosecutors, no further Blackwater operatives or officials have been indicted. The company claims that according to the US attorney, the indictment of five Blackwater employees for the September 2007 Nisour Square shootings is "very narrow in its allegation" and does not charge "the entire Blackwater organization in Baghdad."
But, as Blackwater certainly knows, there are multiple prosecutors looking into its activities on a wide range of issues, and more than one grand jury can be seated at any given time. Simply because indictments were not announced regarding other actions when the Nisour Square charges were brought by the Justice Department does not mean Prince, Blackwater and its management are in the clear.
"We know that the federal criminal investigation is still ongoing, so this prosecutor's statement was not really anything definitive," says Horton. "Second, the presumption in US law is that, with fairly rare exceptions, crimes are committed by natural persons, not by legal entities like corporations. A corporation might be fined, for instance, but if it's deeply entangled in criminal dealings, it's the officers who would be prosecuted. Among other things, of course, it's impossible to put a corporation in the slammer. So saying that Blackwater wasn't charged with any crime really doesn't mean much."
Blackwater says it will formally respond to the allegations against Prince and Blackwater in a legal motion on August 17 in federal court in the Eastern District of Virginia, where Prince and the company are being sued for war crimes and other alleged crimes by Susan Burke and the Center for Constitutional Rights.
On August 5, Blackwater's lawyers filed a motion with the court reiterating their request for a gag order to be placed on the plaintiffs and their lawyers. That motion largely consisted of quotes from two recent Nation magazine articles covering the case, including one about the allegations against Prince. Despite the fact that the affidavits of "John Doe #1" and "John Doe #2" were public, Blackwater accused the lawyers of "providing this information" to the media. Blackwater's lawyers charged that the plaintiffs' attorneys comments to The Nation were intended "to fuel this one-sided media coverage and to taint the jury pool against [Erik Prince and Blackwater]," adding that The Nation articles and the "coordinated media campaign" of the lawyers "demonstrate a clear need for an Order restraining extrajudicial commentary by the parties and their counsel." On August 7, Judge T.S. Ellis III, a Reagan appointee, denied Blackwater's motion.
About Jeremy Scahill
Jeremy Scahill, a Puffin Foundation Writing Fellow at The Nation Institute, is the author of the bestselling Blackwater: The Rise of the World's Most Powerful Mercenary Army, published by Nation Books. He is an award-winning investigative journalist and correspondent for the national radio and TV program Democracy Now!. more...
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