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TimeA little-noticed court case in Florida threatens to undermine the arrangement under which some 150,000 private contractors provide security and backup for the U.S. in war zones. Representatives of Blackwater and other U.S. private contractors operating in Iraq and Afghanistan tell TIME that the Bush Administration has just missed a deadline to put its views on record in the case. As a result, they say nothing is being done to protect their interests in the Florida lawsuit, which could eventually end up in the Supreme Court.
The Florida case concerns three American servicemen killed in the crash of an aircraft owned by Blackwater Aviation in Afghanistan. Relatives of the men are suing the company for what could amount to millions of dollars in damages. Many of the issues raised by the case could have important implications for all contractors at work in Iraq. The Blackwater aircraft, designated "flight 61," had been transporting U.S. personnel and munitions when it went down on Nov. 27, 2004, killing the three servicemen as well as the company-provided flight crew. A series of U.S. government reviews has said that errors committed by the staff of Blackwater Aviation were responsible for the deaths, a conclusion that the company disputes.
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Blackwater has argued that because "flight 61" was under the command and control of the U.S. military, the company should be covered by the same "sovereign immunity" that protects the U.S. military from lawsuits. The company also claims legal protection under the "political doctrine" which holds that different branches of government cannot review each other's legitimate actions — in this case, the Pentagon's decision to send Blackwater to Afghanistan.
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Plaintiffs in the Florida dispute argue that Blackwater is trying to have it both ways — enjoying the rich profits of a private entity, while seeking unwarranted protection from the government to avoid its responsibilities. Blackwater's arguments in the Florida case were rejected last month by three federal judges, who cited the U.S. government's failure to make a filing in the case as one of their reasons for refusing the company�s claims. The U.S. government often makes such filings to clarify its view on matters before the Federal courts, but it has remained silent in the Florida Blackwater case.
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