Lawless Justice

The Congressional Research Service says, "MEJA does not appear to cover civilian and contract employees of agencies engaged in their own operations overseas." The Congressional Budget Office agrees, stating flatly, "employees of security contractors working for the Department of State would not be subject to MEJA."

A 2004 amendment expanded MEJA's coverage to include contractors hired by other agencies "to the extent such employment relates to supporting the mission of the Department of Defense overseas." But from the context in which the amendment was passed, it's clear the intent was to cover civilians who work for the Pentagon under contracts arranged by other departments, such as interrogators at the Abu Ghraib prison who were officially hired by the Department of the Interior. If the amendment's authors had wanted to cover all contractors in areas of military activity, they easily could have done so, as Price's 2007 bill shows.

The obvious solution is to prosecute the former Blackwater employees under Iraqi law. But an order by the provisional government created after the U.S. invasion made contractors immune from local prosecutions for work-related conduct. Largely as a result of outrage over the Nisour Square incident, that immunity will be lifted under an agreement that takes effect in January -- too late for justice in this case.