Live From 2GL's Senior Iraqi Criminal Justice Correspondent...

Another installment from our good friend in Iraq, who has been prosecuting criminals in the Iraqi courts.

...Past that, we’ve been mortared pretty regularly the last few nights, which is always a choice event. Thankfully, they don’t ever seem to hit their mark, but it keeps the blood pumping and ground shaking. Usually, I can hear the discharge AND impact – so, at least that softens the surprise. Above all, it’s nowhere near what others face here – and I make sure to remind myself of that every time I hear some clap-jackass speak of events in these ridiculously Hemingway-esque overtones. And the fact, every time I keep quiet and walk off without comment just might be a beacon of hope toward my own personal growth & pending maturity. Thanks Dr. Phil – right back at’cha!

Nonetheless, these last couple mornings they’ve also detonated a number of coordinated car bombs – with a number small gun battles nearby. Sadly, I found none of this at all too surprising and half-expected as much with the recent constitutional gridlock. Speaks volumes of how this insurgency works – and what its aims for (which in the end, is civil war). Time will tell, but things are pretty sobering here at the moment. Over years into this – one would think “the enemy” would not be able to shoot mortars at the US Embassy or detonate car bombs at will inside the capital – one would think. Worse, I’m getting the feeling that many folks here around the Embassy - especially after eavesdropping on conversations around the chow hall - seem to be in denial about reality on the ground (the best seems to be “hey, there were German insurgents after WWII!....So, this is natural.”). One has to wonder if the rose colored glasses come in prescription – or bifocals.

We also received word that one the CCCI judges - that handled only Iraqi v. Iraqi cases (not ours) - was assassinated. I did not know who he specifically was, but I would imagine I had seen a number of times. In response, all of the judges were in meetings all day – and all cases were postponed. If anything, the news underscored the pressures here – and again, reality on the ground.

On a related note, we’ve also been watching an escalating number of our cases result in dismissals at trial. Although we routinely had weaker cases dismissed before (which in my opinion is a positive), this new plot twist has been incredibly frustrating. A couple dying quail convictions here and there, this trend has intensified over the last couple weeks – to the point where it has reached Robin Ventura-esque proportions (if you’re not a baseball fan – well, shame on you – anyhow, just Google ‘Robin Ventura, slump’ – the analogy should be much clearer – also, pay no mind to anything about him getting throttled when he tried to rush the mound against Nolan Ryan in the early 90s – well you can if you want, it’s your call).

Even more distressing, this jurisprudential bear market seems to have very little to do with the facts– near identical, strong cases scored convictions weeks and months earlier. Note: Ironically, the Iraqi government is currently working an anti-terrorism bill that would allow Iraqis - and us - greater flexibility in prosecuting a number of insurgent cases. Not surprising, Iraqi Penal Code does not address or envision much of the criminal activity we bring before the Court. And the Iraqi judiciary has been loathe to interpret the IPC accordingly - strict constructionism in action.

Anyhow, by the process of deduction, it’s not hard to see how events and politics continue to influence the criminal justice process here (which makes me ever more the thankful for the system – albeit imperfect – we have back home). In many ways, one could argue that how our cases turn out tends to be a bell-whether of developments on the ground. Not to serve as an apologist for the Iraqis, but the CCCI is caught in a precarious position. The Court does not want to be seen as a pawn on the United States. And truth be told, if things turn sour, those who serve at the CCCI (judges and prosecutors) want to be able to maintain that they retained their independence throughout. Note: Although they have been promised housing in the IZ, all of the judges that hear our cases still live in the Red Zone – which to this day, I find appalling.

Further, the Iraqis know that our authority to hold detainees under U.N. Security Council Resolution 1546 is set to expire in December – and may not be renewed. They also know we have a detainee population that has almost reached maximum capacity. Although the CCCI still operates – and hears Coalition Forces cases - pursuant to authority granted by the Coalition Provisional Authority (which was then extended by the TAL – Transitional Administrative Law) – once the Iraqis sign their constitution, they may no longer have any obligation to hear our cases. Moreover, they simply not want to hear them as well – for political and security purposes. In a nutshell, there’s a touch of grey in the air of late.
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Lest I forget, we also have a new KBR chow hall now in the IZ. They moved everything out of the Embassy Palace – and now we eat in this “structure” a few minutes walk away. The quality and logistical planning is really something to behold – eating and finding a place to sit serves as ample evidence that Chaos Theory is indeed real and ever-present. Even more impressive, the building “structure” isn’t secured either. A ‘celebratory AK-47 round’ came through the roof the other day. Evidently, it hit the tray of a women standing in line to get salad. Who knew?? People in Baghdad - randomly shooting off AK-47s into the air??? Well, evidently not Halliburton or KBR. But hey, I’m sure both were properly reimbursed for hiring cheap, international labor to construct the “building” in a matter of weeks. And equally critical, the Embassy now has more office space. Note: I’ve actually heard more than my fair share of stories everywhere I’ve been of people being killed or severely injured by celebratory AK-47 rounds randomly fired into the air. I’m not concerned, I’m sure Wayne LaPierre is all over it. So keep those NRA donations comin!

Thanks again, Sean. We look forward to having you back inthe States soon.