Presumption of Innocence

Grim

The state should advocate for justice: for a just application of the law. Attempting to find innovative ways to put people in jail far longer than is just should be a form of prosecutorial misconduct. In my opinion, it should be itself a crime.

Look at the position we're in here:

1) The prosecutors intend to claim that the law -- which specifically limited itself to DOD employees -- should apply to State Department employees because 'they are supporting the DOD mission' by performing a function that the military would otherwise have to perform.

OK. My job includes arranging meetings between US government employees and tribal figures in Iraq in order to address and avoid problems. That's obviously a diplomatic function: the military's only doing it because the State Department lacks the personnel and resources to devote FSOs to it. Therefore: if I'm arrested on any future charge under this law, I'll just claim that the law shouldn't apply to me because 'I'm really performing a service that supports the State Department's mission.' Right?

No, that's obviously not right. I work for DOD; the law was written for me. Blackwater's guys work for the diplomats; the law specifically doesn't apply to them. Furthermore, the State Department knows it could get military escorts and doesn't want them. It feels that would make it subordinate to the military, rather than equal and independent. Thus, if they weren't using contractors, they'd have to provide State Department GS-series guards. Blackwater isn't supporting 'the military mission,' but State's desire to remain independent of the military.

The law was written this way for exactly this reason. Now the government wants to put the law into force in a way precisely contrary to the reason the law was composed.