[Congressional Record (Bound Edition), Volume 157 (2011), Part 13]
[House]
[Pages 18417-18418]
[From the U.S. Government Publishing Office, www.gpo.gov]




                     STOP OUTSOURCING SECURITY ACT

  The SPEAKER pro tempore. The Chair recognizes the gentlewoman from 
Illinois (Ms. Schakowsky) for 5 minutes.
  Ms. SCHAKOWSKY. While many hours have been spent by this body 
debating the wars in Iraq and Afghanistan, far too little time has been 
devoted to the United States' growing dependence on private military 
contractors: the weapon-carrying, for-profit security companies--
mercenaries--who have become integral and counterproductive actors in 
our war efforts.
  I believe that the increased reliance on hired guns to provide 
security in conflict zones undermines our policy objectives, and I am 
not alone. In 2007 then-Defense Secretary Robert Gates stated that the 
mission of many security contractors was ``at cross purposes to our 
larger mission in Iraq.''
  We should be concerned. Private contractors don't wear the badge of 
the United States. They answer to a corporation, not to a uniformed 
commander. Our government doesn't even know how many contract personnel 
we've hired. Because legal jurisdiction remains murky, we may lack the 
ability to prosecute contractors for alleged violations committed 
overseas.
  We need to end our reliance on security contractors in conflict 
zones. Since 2007 I've introduced the Stop Outsourcing Security Act to 
phase out

[[Page 18418]]

the use of for-profit contractors for mission-critical tasks, including 
security, intelligence and interrogation in conflict areas. The SOS Act 
builds on legislation I have introduced since 2001, including the 
Andean Region Contractor Accountability Act to prohibit military 
contracting in Colombia and neighboring nations.
  While the problem applies to other private contractors, there is one 
company that has been synonymous with misconduct--Blackwater. Operating 
under a culture of recklessness created by its founder, Erik Prince, 
Blackwater employees have been implicated in a wide range of alleged 
misconduct since 2004--from shooting and killing civilians to gun-
running.
  Five former Blackwater executives, including its former president, 
Gary Jackson, were indicted in 2010 for weapons charges. The company 
agreed to a $42 million administrative settlement with the State 
Department for 288 alleged violations of the Arms Export Control Act 
and International Traffic in Arms Regulations. At least seven civil 
suits for alleged abuses by Blackwater personnel in Iraq have been 
settled, and legal action is still pending against four Blackwater 
guards accused of massacring 17 civilians in Baghdad's Nisour Square in 
2007. Further, the Iraqi Government, our ally, has repeatedly asked 
that Blackwater be ousted, leading the United States State Department 
to refuse to renew the company's contract in 2009.
  In short, Blackwater, now renamed Xe, has been a center of 
controversy for years in congressional committees, the press and among 
members of the military. Yet the company has received over $1.25 
billion in taxpayer money.
  Recently, Mr. Prince has launched a video game called ``Blackwater,'' 
glorifying the discredited company he started, and now Mr. Prince has 
adopted yet another heavy-handed tactic--the attempted intimidation of 
a Member of Congress.

                              {time}  1030

  Last month a letter from his attorney was hand delivered to my 
congressional office. Mr. Speaker, I am submitting the letter for the 
Congressional Record. It accuses me of defamatory statements, 
characterizes my efforts to urge investigations into Mr. Prince as a 
violation of congressional power, and describes possible legal action 
if I persist.
  I come to the floor today because I believe it is my responsibility 
as a Member of Congress to speak out against policies and entities that 
I believe are damaging to our Nation. I want to make it clear to Mr. 
Prince that I will not stop working to end our reliance on private 
security contractors or to investigate any and all allegations of 
misconduct. I want to make it clear to the military men and women who 
have shared their concerns that they are endangered by the behavior of 
hired guns employed by Blackwater-like companies, that I will keep 
speaking out to protect our mission and our brave troops from risk.
  And I want to tell the families of the men and women who have been 
killed in incidents involving Blackwater and other such companies that 
I will continue to push for full investigations and, whenever 
appropriate, criminal charges.

                                         diGenova & Toensing, LLP,


                                             Attorneys-At-Law,

                                  Washington, DC, October 7, 2011.
     Delivered by Hand

     Hon. Jan Schakowsky,
     Longworth House Office Building,
     Washington, DC.
       Dear Congresswoman Schakowsky: This firm represents Erik 
     Prince concerning false and defamatory statements you have 
     made against him.
       On September 8, 2011, Guy Adams, a Los Angeles-based 
     correspondent, published in the London-based Independent an 
     article discussing ``Blackwater'' (2011), a video game owned 
     by Mr. Prince. In that article, Mr. Adams attributes to you 
     the following observation: ``If Mr. Prince had not emigrated 
     to the United Arab Emirates, which does not have an 
     extradition agreement with the US, he too would now be facing 
     prosecution.''
       We demand you cease and desist any further public 
     statements that suggest in any way that Mr. Prince ``would be 
     facing prosecution'' or has engaged in criminal conduct under 
     any circumstances.
       Your caprice in making a false and defamatory statement 
     about criminal culpability is particularly galling in light 
     of your husband's guilty plea to federal fraud and his time 
     in prison. One would think you would be sensitive about 
     falsely accusing others of criminality.
       Mr. Prince has answered his country's call to serve both in 
     military uniform and civilian life. Mr. Prince served his 
     country with honor as a commissioned officer in the United 
     States Navy SEALs. He deployed with SEAL Team 8 to Haiti, the 
     Middle East, and the Balkans.
       Mr. Prince's support for human rights around the world is 
     well established, from funding famine relief in Somalia and 
     the Sudan, to contributing to the building of hospitals, 
     schools, orphanages and churches and mosques in the Middle 
     East and Asia. He financed a feature film, The Stoning of 
     Soraya M., about the oppression of women in Iran. Mr. Prince 
     has spent time and resources to improve conditions for many 
     who live under despotic regimes surrounded by war, drought, 
     and famine.
       Your statement to Mr. Adams, which imputes commission of a 
     crime, is per se libelous. Raboya v. Shrybman & Assoc., 777 
     F.Supp. 58, 59 (D.D.C. 1991); Farnum v. Colbert, 293 A.2d 
     279,281 (D.C. 1972).
       Your malice cannot be questioned. You have a multi-year 
     history of making derogatory comments about Mr. Prince and 
     his former company, Blackwater. You have abused your 
     Congressional power to request that Mr. Prince be 
     investigated.
       In May of this year, you attempted to initiate a Department 
     of State investigation of Mr. Prince in a letter to Secretary 
     of State Clinton. You based your request on your ``concern 
     that Mr. Prince is now exporting his services.'' Absent from 
     your letter was any mention of other American security 
     consultants who are performing the same business in the 
     Middle East and Asia.
       You brag on your official website that you have ``focused'' 
     on private security contractors who ``work for companies like 
     the infamous Blackwater.'' In October 2007, you requested 
     then Secretary of State Rice to ``terminate Blackwater's 
     contract immediately.'' In February 2009, you issued a press 
     release alleging Blackwater's actions have put ``our troops 
     in harms [sic] way and jeopardized our mission in Iraq.'' In 
     September 2010, you purposely evoked a criminal context by 
     mischaracterizing Blackwater as a ``repeat offender.''
       The facts you assert about Mr. Prince show complete 
     reckless disregard for the truth. For example, Mr. Prince did 
     not immigrate to the UAE. He maintains a residence in the 
     United States. Mr. Prince has never committed nor ever been 
     charged with any crime.
       A federal court in July 2011 dismissed Mr. Prince from a 
     civil law suit finding there was no evidence on which to base 
     the claims. Moreover, a jury found there was no liability for 
     United States Training Center, the company formerly known as 
     Blackwater. A quick check would have verified these readily 
     available facts.
       Your interview with Mr. Adams is not protected by the 
     Speech or Debate clause. Hutchinson v. Proxmire, 443 U.S. 
     111, 124-125 (1979).
       As you are surely aware, since articles quoting you are 
     published in other countries, you are subject to defamation 
     laws in those countries as well as in the United States. If 
     you do not like the ``Blackwater'' video game, you are free 
     to express your opinion. But you are not permitted under the 
     laws of the United States and numerous countries where your 
     statements are published to make false accusations about Mr. 
     Prince's status under the criminal law.
           Sincerely,
                                                Victoria Toensing,
                                          Counsel for Erik Prince.


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore. Members are reminded to address their 
remarks to the Chair, not to others in the second person.

                          ____________________