de facto and
de jure agents of the Federal Government. Since their actions in self-defense were objectively reasonable pursuant to myriad cases applying the
Graham v. Connor
2 standard of reasonableness, the Defendants should have been afforded Qualified Immunity from pecuniary liability and, axiomatically, criminal prosecution.
The Blackwater PSD team members reasonably acted in self-defense and defense of others under situations that were “tense, uncertain and rapidly evolving.” Based on the tactics, techniques, and procedures (TTPs) of the insurgent threats at the time – using vehicle-borne improvised explosive devices, follow-on small arms fire3, and dressing in the uniforms of New Iraqi Army and Police uniforms – it was reasonable for the team to believe they were under imminent and actual threat of death or grievous bodily injury.