More On "Get Out Of Jail Free"

From Digby, her usual excellent analysis of a phenomenon I haven't discussed much because it disgusts me. (I really am a sensitive sort, you know.) From all appearances, it appears that private contractors, such as KBR and Blackwater, are operating outside anyone's jurisdiction.

There is plenty of evidence to support the plaintiffs' claims. But at this point, thanks to the arguments of KBR lawyers from McKenna Long & Aldridge, the facts are irrelevant, at least as a legal matter. In September 2006, shortly after KBR hired McKenna to take over the case from longtime KBR counsel Jones Day, the federal district court in Houston dismissed the case, declaring it nonjusticiable. McKenna partners David Kasanow and Raymond Biagini convinced the court that the case raises a political question beyond the competence of the federal judiciary.

The plaintiffs have appealed that decision to the 5th U.S. Circuit Court of Appeals. But if the district court's decision stands, it will mean that the actions of virtually any military contractor working for the federal government could be deemed beyond the authority of the courts -- and immune from American law.

All this outsourcing and contracting was done for many reasons, some of it no doubt to sneak around regulations and budgetary accountability. But legal immunity may have been the main reason. We may find that CIA contractors who torture are not only considered immune under the Mukasey" I was only following orders" legal interpretation, but that they don't fall under any legal jurisdiction at all.

Considering that all this was done by people who had previously brought us secret wars in Cambodia and sold arms to our alleged enemies to fund illegal wars from a shadow government run out of the white house, it really shouldn't be surprising that they did what they did. And unless there is a reckoning, it would be criminally stupid if we are surprised the next time they get their hands on the white house and do it all again. It's what they do.

Legal immunity has been one of the ongoing goals of this administration -- no transparency, no accountability, neutralize Congress and neutralize the courts. To quote Digby, "It's what they do."

Note: Be sure to follow Digby's link to Charles Pierce's comments. I feel the same way about it, and it's one reason I'm so appalled at the Democrats: they don't want to talk about the most serious damage Bush has done to this country. Probably because they hope to reap the benefits.