Pinkertons and Blackwater

In June of 2007, a federal judge put a halt to an enormous $475 million contract for private security contractors (i.e. mercenaries) in Iraq. The grounds for stopping the contract is worth noting.

A federal judge yesterday ordered the military to temporarily refrain from awarding the largest security contract in Iraq. The order followed an unusual series of events set off when a U.S. Army veteran filed a protest against the government practice of hiring what he calls mercenaries, according to sources familiar with the matter.
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Brian X. Scott, a 53-year-old Colorado man, filed the complaint in early April. He argues that the military's use of private security contractors is "against America's core values" and violates an 1893 law that prohibits the government from hiring quasi-military forces.

Scott's challenge set off a domino effect, prompting the Government Accountability Office to dismiss protests brought by two major private security contractors the Army had removed as potential bidders -- Erinys Iraq, a British firm, and Blackwater USA of North Carolina.

I don't know who Scott is, but I can just imagine the looks of hatred that the mercenary's lawyers must have given him.
The 1893 law in question is the Anti-Pinkerton Act.
It took some looking to find the text of this law, but I found it.

AN INDIVIDUAL EMPLOYED BY THE PINKERTON DETECTIVE AGENCY, OR SIMILAR ORGANIZATION, MAY NOT BE EMPLOYED BY THE GOVERNMENT OF THE UNITED STATES OR THE GOVERNMENT OF THE DISTRICT OF COLUMBIA

Short, sweet, and to the point.
But vague (except for the Pinkertons). Fortunately the courts clarified the law in 1977.

In 1977, the US Fifth Circuit Court of Appeals interpreted this statute as forbidding the US Government from employing companies offering mercenary, quasi-military forces as strikebreakers and armed guards for hire. United States ex rel. Weinberger v. Equifax, 557 F.2d 456, 462 (5thCir. 1977)

That appears to be clear enough. No mercenaries like Blackwater. Period.
As far as I know, the law has not been overturned (although I could be wrong).
So it appears that our massive mercenary army is completely illegal.

I know that just a few months after Scott caused Blackwater so much grief, Blackwater was directly sued under the Anti-Pinkerton Law.

Yesterday, the estates of three Iraqi civilians who were allegedly shot to death in Baghdad’s Nisour Square by Blackwater USA security contractors sued the company and its founder Erik Prince in federal court in Washington, D.C.
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Though the claim is not critical to the case, the suit alleges, among other things, that contracts between the government and Blackwater are prohibited by the Anti-Pinkerton Act, an 1893 law the bars the federal government from contracting with people employed by “the Pinkerton Detective Agency, or similar organization.”

If only laws were being enforced for the powerful, companies like Blackwater (Academi) would not exist, and someone would be in jail.

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Today, more contractors are killed in combat than soldiers—a stunning turnaround from the start of the wars Iraq and Afghanistan, when fewer than 10 percent of casualties were contractors. By 2010, more contractors were dying than troops. However, the real number of contractor deaths —versus the “official” tally—remains unknown.

Even more troubling: Most of those fighting for the United States abroad aren’t even Americans. Private military companies are multinational corporations that recruit globally. When I worked in the industry, my colleagues came from almost every continent. According to a recent Pentagon report, just over 33 percent of private military contractors in Afghanistan are U.S. citizens.

Many of the larger private military companies also hire local “subs” or sub-contractors, often invisible to U.S. government officials and reporters. In 2010, during the height of the wars, a Senate investigation found evidence that these “subs” were linked to murder, kidnapping, bribery, and anti-Coalition activities. Similarly, in a 2010 report titled “Warlord, Inc.,” the House of Representatives found that the Department of Defense had hired warlords for security services. What happens to these subs when the big contractor goes home? In some notable, alarming cases, they go into business for themselves, breeding mercenary markets in the wake of a U.S. intervention.

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@gjohnsit of shithole countries the world over. We may leave but we never leave a place better off, for damned sure. And getting us to leave, well, a whole other long sordid affair. Sickening.

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Only a fool lets someone else tell him who his enemy is. Assata Shakur

snoopydawg's picture

@lizzyh7

The troops say that they signed up for the military to protect their country, but mercs sign up to kill people for $$$$ Look at the group of mercs that went to Yemen to do assassinations which is also supposed to be against the laws of the country, but that's what happens when our government gets away with war crimes isn't it? No one is ever held accountable.

Interesting facts. Gjohnsit.

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Which AIPAC/MIC/pharma/bank bought politician are you going to vote for? Don’t be surprised when nothing changes.

joe shikspack's picture

here's a link to some gao resources on how the gummint interprets the act.

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@joe shikspack For everyone: here is the meat:

IN LIGHT OF THE PURPOSE OF THE ACT AND ITS LEGISLATIVE HISTORY, WE CONCLUDE THAT AN ORGANIZATION IS NOT "SIMILAR" TO THE (QUONDAM) PINKERTON DETECTIVE AGENCY UNLESS IT OFFERS QUASI-MILITARY ARMED FORCES FOR HIRE. 557 F.2D AT 463.

WE HAVE CAREFULLY CONSIDERED THE COURT'S DECISION AND FIND OURSELVES IN ESSENTIAL AGREEMENT WITH IT. WE NOTE THAT THE COURT DID NOT DEFINE "QUASI- MILITARY ARMED FORCE," NOR DO WE SEE THE NEED TO ATTEMPT IT HERE. NEVERTHELESS, IT SEEMS CLEAR THAT A COMPANY WHICH PROVIDES GUARD OR PROTECTIVE SERVICES DOES NOT THEREBY BECOME A "QUASI-MILITARY ARMED FORCE," EVEN IF THE INDIVIDUAL GUARDS ARE ARMED, AND EVEN THOUGH THE COMPANY MAY ALSO BE ENGAGED IN THE BUSINESS OF PROVIDING GENERAL INVESTIGATIVE OR "DETECTIVE" SERVICES.

IN THE FUTURE, WE WILL FOLLOW THE DECISION OF THE FIFTH CIRCUIT IN EQUIFAX IN INTERPRETING AND APPLYING THE ANTI-PINKERTON ACT; THAT IS, THE STATUTORY PROHIBITION WILL BE APPLIED ONLY IF AN ORGANIZATION CAN BE SAID TO OFFER QUASI-MILITARY ARMED FORCES FOR HIRE. PRIOR DECISIONS OF THIS OFFICE INCONSISTENT WITH THE EQUIFAX INTERPRETATION WILL NO LONGER BE FOLLOWED.

Amazing. They are just "guards". aka mall-cops. nothing to see here...

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on whatever streaming channel it exists, largely because I suspect it portrays them as something other than the murderous lawless thugs that they were.

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The earth is a multibillion-year-old sphere.
The Nazis killed millions of Jews.
On 9/11/01 a Boeing 757 (AA77) flew into the Pentagon.
AGCC is happening.
If you cannot accept these facts, I cannot fake an interest in any of your opinions.

@UntimelyRippd
The anti-Pinkerton law of 1893 was in direct response to the Homestead strike of 1892.
The strikers were defeated, but the Pinkertons lost the shoot-out.

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Will be used to defend the refugia and property of the oligarchs. They will have extensive combat and counter-insurgency experience, organization, and access to the full panoply of weapons of the US mil. Blackwater held fundraisers for Republicans. The mercenaries are already engaged domestically, and will not hesitate to kill citizens, er, insurgents, er, terrierists. We got a taste of that with NoDAPL. They follow in a long tradition of murderous servants of the owners.

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dervish's picture

so I'm certain that the suit will go nowhere.

It's worth noting that Rome hired mercenaries too, until a day arrived that they could no longer pay them, and they sacked the city.

Sooner or later the Deep State will strangle the golden egg-laying goose.

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"Obama promised transparency, but Assange is the one who brought it."