Full disclosure: I work for the Courage Campaign

A day later than expected, a federal judge today ruled in Blackwater’s favor, ruling “that ‘the public interest weighs in favor’ of allowing the company to open its facility” in Otay Mesa. The ruling will allow Blackwater to occupy the facility, which they’re expected to do in the morning. Court hearings will continue on June 17th when the City of San Diego will again present its case that Blackwater misled city officials during the ministerial review of permits.  This doesn’t end the case, but it does rob the city of some of its thunder. The legal wrangling will continue, and in the meantime, Blackwater still has more permits pending that will hopefully receive quite a bit more scrutiny.

In related news, the political landscape shifted considerably in elections yesterday. Mayor Sanders avoided a runoff in his bid for a second term, which could either free him to do the right thing or lessen his concern for public opinion. Incumbent City Attorney Mike Aguirre will be heading for a runoff in November, coming in second to GOP candidate Jan Goldsmith. If activists locally are savvy and get the support they need, Blackwater can become a central issue in that campaign. That runoff also knocks termed-out City Council President Scott Peters out of the equation- it will be interesting to see what he does with the remainder of his time in office on this issue. He’s spoken out with us previously and his will be an important voice going forward.

As more develops, we’ll continue with the updates. The next date circled on my San Diego/Blackwater calendar is June 10, when Blackwater: The Rise of the World’s Most Powerful Mercenary Army author Jeremy Scahill will be in town to speak on the depth and breadth of Blackwater in America (pdf).

Earlier today, Blackwater ratcheted up the San Diego battle, suing the City of San Diego on federal charges. Blackwater claims that the revocation of its occupancy permit (so that the public has a chance to comment and review) violates not only state and federal rights, but Blackwater’s Constitutional protections under the Commerce Clause.  You can read the entire complaint in pdf form here, but I can assure you that the irony of a company who operates outside of all law- Constitutional and otherwise- trying to claim those same rights runs right through the whole thing.

I work for the Courage Campaign

The argument rests on a number of misrepresentations, including the assertion that Otay Mesa is a “remote” and maintaining that fulfilling a military training contract somehow corresponds to a closed-to-the-public “vocational school.”  But the crux of it all is that Blackwater thinks it’s unconstitutional for there to be a public review of its permit. Which of course inaccurately attempts to convince us all that Blackwater is just another business. That’s the Blackwater pitch through all of this, and (hopefully) it’s never going to fly. Blackwater likes being a special case when it’s insulated from murder prosecution, but not when it screws up their permits. Speaking with KPBS, City Attorney Mike Aguirre said “It’s not really something that in my judgment is a appropriately before a federal court. [sic]”

Brian Bonfiglio for his part as Blackwater West’s shill accused the city of trying to suck up to activists (when was the last time that happened ANYwhere?) in defense of the lawsuit.  This is a whole new level, we’ll see what comes next.

I work for the Courage Campaign

The City of San Diego has decided against issuing a certificate of occupancy to Blackwater (pdf):

Dear Mr. Bonfiglio,

The City will not issue a certificate of occupancy for the above referenced project pursuant to Section 129.0114 of the San Diego Municipal Code (SDMC). The portions of the building identified for use as a shooting range and vocational/trade school shall not be occupied until a certificate of occupancy has been issued for this change of use or occupancy pursuant to SDMC Section 129.0113.

Which basically means that Blackwater can’t open up shop until going through a full public review process as ordered by the Mayor (replacing the previously planned stop-work order).  In the meantime though, San Diego’s development services director Kelly Broughton continues to play dumb, telling KPBS “I don’t see that I would have had any other choice but to approve it because it complied with our municipal code and the California Building Code.” Of course, it doesn’t comply at all, which is why Rep. Bob Filner, several members of the City Council, the City Attorney and Mayor have all now stepped in to correct the flawed process.

For his part, Blackwater spokesman Mike Neil is grasping almost laughably at straws in response:

Neil said Blackwater’s own analysis shows that the company is entitled to occupy the Otay Mesa facility and a delay could jeopardize Blackwater’s long-standing contract with the Navy to train sailors in anti-terrorism tactics. A delay could damage the company’s business reputation and “cause harm to national security.”

I’m really not impressed that Blackwater has decided that Blackwater is right. And if Blackwater is so concerned about hanging onto this contract, they might have wanted to engage in this process honestly. But at least they continue to blow off even the pretense that this would be a vocational school.  Not even lip service to the notion.  Finally, for all the lame bluster about the threat to national security if Blackwater loses this contract, let’s not lose sight of the fact that, even if this were true (obviously it’s not true and is in fact absurd), it’s not a good thing.  Blackwater’s contention is that San Diego should break its local government because the military can’t handle its own training.

Well that’s exactly what Donald Rumsfeld had in mind back in 2001 when he decided it was time to save the Pentagon from itself by privatizing everything in sight.  As I remember it, the ensuing years have demonstrated that Donald Rumsfeld is not right about very much, and this is one example. So even if Blackwater were right that its vital to military readiness- that would just be all the more reason to put the training back in the hands of the military. Blackwater has been nothing but trouble, and cementing any “necessity” for them would be wrong on so many levels. Good for their bottom line- which is what they care about- but not good for San Diego, the U.S. military, the country overall or the world at large.  Less Blackwater is the goal.

Full disclosure: I work for the Courage Campaign

[Update] The Union-Tribune reports today that Mayor Sanders has ordered all work to stop on the Blackwater site. Brian Bonfiglio (somewhat ironically) is complaining about the politicizing of the issue in an election year, even though nobody EVER wants Blackwater and he knows cause this isn’t his first time around this block.

Yesterday the Union Tribune reported that according to Kelly Broughton, San Diego’s development services director, Blackwater’s city permits could not be appealed.  The article held out one glimmer of hope though- that Mayor Sanders’ call for investigation could bear fruit:

Broughton said yesterday that the internal review could lead to Blackwater’s permits being revoked, after a public hearing, if it turns out that staff made mistakes or relied on bad information.

Certainly one compelling bit of “bad information” might be the use of Southwest Law Enforcement and Raven Development Group on the permits instead of Blackwater.  Another might be…you know…blatantly lying about the planned use of the property in Otay Mesa and what would be installed there.  Well today City Attorney Mike Aguirre weighed in on exactly that, calling for a stop work order to be immediately issued and establishing the need for environmental impact study:

The City Attorney issued a legal opinion on Friday indicating that a series of building permits issued by the City of San Diego’s Development Services Department to a subsidiary of Blackwater Worldwide, a global security firm whose work in Iraq has fallen under criticism, were obtained improperly and a more rigorous permitting process should be completed. The City Attorney opined that a stop work order should be issued immediately and a more rigorous application process undertaken.

Southwest Law Enforcement Training Enterprises, a subsidiary of Blackwater Worldwide, obtained permits for tenant improvements to an existing warehouse in Otay Mesa the area of the City of San Diego. The permit applications specified that the building was to be used as a “training facility.” The original building was formerly used as a warehouse. One of the three applications filed by Southwest Law Enforcement stated that the proposed use of the building as “same (no change).”

As a result of the representations in the permit application the permits were issued under the DSD’s “ministerial” process, which meant no City Council or other discretionary approval was required.

More recent tenant improvement application submitted by Southwest Law Enforcement Training Enterprises was to construct an “indoor firing range.”

The legal opinion issued by the City Attorney’s Office also states that California Environmental Quality Act is also necessary in order to address the environmental impacts of a firing range

Which is a long way around to smacking down Blackwater on about every point that’s been raised by the locals objecting to the project.  Local NPR on the way home earlier reported that Mayor Sanders was on board with some or all of the City Attorney’s opinion, still waiting to get an official response from Sanders.

Full Disclosure: I work for the Courage Campaign

By now, nobody should be surprised by the resiliency of Blackwater.  They’ve come back from the brink so many times, it’s easy to allow yourself to think they’ll never really be gone.  So this weekend’s New York Times article on Blackwater’s comeback might be both demoralizing and par for the course if it wasn’t for the strong rhetorical pushback from members of Congress that line up encouragingly with local progress.

As the New York Times chronicles all the near death experiences that Blackwater has come through:

The State Department has just renewed its contract to provide security for American diplomats in Iraq for at least another year. Threats by the Iraqi government to strip Western contractors of their immunity from Iraqi law have gone nowhere. No charges have been brought in the United States against any Blackwater guard in the September shooting, either, and the F.B.I. agents in Baghdad charged with investigating whether Blackwater guards have committed any crimes under United States law are sometimes protected as they travel through Baghdad by Blackwater guards.

Nevertheless, signs indicate that, ever so slowly, the worm is turning. The article notes that the State Department renewed its contract largely for lack of other options, to which Rep. Henry Waxman retorted “I can’t understand why Blackwater’s contract was renewed. It seems to me the administration should have looked for others who could do the job, including the U.S. military.”

Meanwhile, Rep. Jan Schakowsky continues to push her “Stop Outsourcing Security Act” which has elicited 12,470 signatures of support from the Courage Campaign petition to Speaker Pelosi.

And as Blackwater continues to face the grim possibility of existing in a world after Iraq and no-bid, no-accountability government contracts, they’re trying with no small measure of desperation to diversify.  That means new facilities, new sorts of contracts, new public image.  But this is where the top-to-bottom pushback- from Schakowsky’s bill to tomorrow’s San Diego City Council hearing discussing Blackwater (10am if you’re in town)- can be effective.  Blackwater is at a public relations crossroads.  Nobody- from fellow contractors to investment groups– want the headache. PR is such a problem that the New York Times notes “Mr. [Eric] Prince until recently seemed eager to tell his side of the story, and there were reports that he planned to write a book. But on Friday, Anne Tyrrell, a Blackwater spokeswoman, said Mr. Prince’s book project had been put on hold.”

Sunlight and tenacity can win this. It’s already starting to expose the cracks in Blackwater’s facade.  It’s just a matter of hanging in through all 12 rounds, because they won’t go down without a fight.

Full disclosure: I work for the Courage Campaign

Blackwater made its way into the big time here in San Diego today, with mayoral hopeful Steve Francis picking up on the issue and savagely beating Jerry Sanders over the head with it.  There’s no love lost between these two (as you may remember or enjoy viewing), and they know that whether it’s on June 3 or in the November runoff, they’re in direct competition with each other for roughly the same political real estate in this mayoral race.  So when Francis is kind enough to adopt the Courage Campaign frame in his press release entitled Blackwater Permit Issue Raises Serious Questions. Which makes Blackwater a defining issue as both Republicans try to stake a claim to the center-left.

Full text and further analysis on the flip.

“Once again, it appears that the too-cozy relationship between Mayor Sanders’ administration and his lobbyist supporters may have led to an outcome that is not in the best interests of the people of San Diego. And once again, we see the corrosive effects of too much secrecy and not enough transparency in the dealings of our government.  Right now, the Blackwater permit issue raises more questions than it answers. In light of the Blackwater West controversy last year, the fact that permits were sought using the names of Blackwater affiliates and not the Blackwater name itself raises serious questions. Was this a deliberate deception? How was a permit for a “vocational training school” given to a paramilitary training facility? Why was this matter not handled in an open and transparent way with public hearings and public comment period? Did Sanders’ supporter and lobbyist firm Carpi and Clay receive preferential treatment for their client, Blackwater? How many times did Mayor Sanders and/or his top lieutenants meet with Carpi and Clay in 2007 and 2008 and what were the topics discussed at those meetings? What did Mayor Sanders know about the current permit issue and when did he know it? Due to the long track record of this Mayor in regards to special access for his lobbyist supporters, it is simply not credible for his Administration to investigate itself. I call on Mayor Sanders to invite an external investigation into this matter so that the citizens can be assured of the integrity of the process.”

Francis reinforces some issues and broaches a few more in this release.  First of all, the Carpi and Clay connection.  The local lobbyists are playing about 18 different sides in this mess. Among their many local clients are the County and Port of San Diego. Nikki Clay was a registered Blackwater lobbyist during 2006 and 2007 while they were pursuing their Potrero facility. Her husband Ben Clay was recently nominated by Mayor Sanders to the local Stadium Board. Both are campaign contributors to Sanders’ campaign and PAC in the past.  One of the major criticisms of Sanders is that he’s far too beholden to contributors and far too cozy with lobbyists. So that’s the new.

The reinforced is that this is not a partisan issue, but rather an issue of fundamental government functionality and decency.  We have a GOP mayor and his GOP challenger now battling over who can be tougher on Blackwater. Because Blackwater is simply bad no matter how you cut it. The only way for them to open a new facility is to obscure their identity and true motives, which breaks local governments.  And that’s without even getting into the community impact on local schools and security having lying mercenaries running around.  The underlying issue that Steve Francis lays bare here and which goes beyond local issues is this: What they say they’re doing is not what they’re permitted to do.  If this is allowed to slide, they aren’t bound by what they say they’re doing. The floodgates are open and they can do anything.

The door needs to be slammed now, and hard.  Francis and Sanders are racing towards the center-left in this election; Francis on transparent government, Sanders on marriage equality and no-nonsense finance. And now, they’re both racing on Blackwater. Cause nobody wants to be the one opposed to functional government.

Full disclosure: I work for the Courage Campaign

Local leaders gathered today outside the office of Mayor Jerry Sanders to present him with more than 2,500 signatures to the letter from San Diego Democratic Party Chair Jess Durfee calling for an investigation into Blackwater’s permit process.  There was a somewhat unexpected air of celebration to the event as it was announced yesterday that Mayor Sanders is calling for the city’s Chief Executive Officer to conduct a full review of the Blackwater permit process (of course now we’ll see what comes of it).

The stage was shared by Jess Durfee (who noted he knows a few things about vocational schools courtesy of a Master’s degree in vocational education), Courage Campaign’s Rick Jacobs, Humberto Peraza- district Chief of Staff for Rep. Filner, Francine Busby and Ray Lutz from Citizens’ Oversight Projects.

All the parties involved have been instrumental in the rapid and effective response to this new Blackwater situation.  Remember it’s been barely two weeks since the news originally broke of this new facility, yet here everyone was gathered to mark and celebrate a significant people-powered success story.

Today was a great opportunity to cement in no uncertain terms the coalition to Block Blackwater which has formed rapidly and forced action from the Mayor.  And we’re just getting warmed up.  There have been recent revelations that Blackwater is looking to expand operations at current facilities and open a new training facility in Idaho.  Why? Because they see the writing on the wall.  They know that Iraq isn’t going to last much longer, partly because they’ve behaved so criminally and partly because the war is such a debacle.  They know that their survival depends on diversifying and establishing new roles in a post-Bush/Iraq system.  It’s why they’re looking for a few good hundred million in new investment capital.  It’s because there’s no natural place for them to exist once they can’t get anymore handouts from the Bush Administration and their cronies.

Today was a victory. Tomorrow we’ll likely need another. But we’re developing the methods that win.

Full disclosure: I work for the Courage Campaign

Mayor Jerry Sanders got what he asked for when he was elected in 2005. Not just the office, but unprecedented “strong mayor” control over the city’s operation. He’s had two and a half years, and as he runs for reelection, we have to ask whether he’s lived up to the responsibility.

At a recent debate, Mayor Sanders let his frustration get the best of him over the substance, or perceived lack thereof, in the current campaign.  Well if he wants to talk about issues, Blackwater is a good one.  Steve Francis, a leading contender for mayor, has accused Jerry Sanders of “presiding over the largest pay-to-play system the city has ever seen.”  If Mayor Sanders wants to get substantive and prove that the good of the community is is his top priority, it’s time he get involved in the absurd permit process that has- thus far- allowed Blackwater to waltz into the city and start unpacking within spitting distance of the border.

Earlier today, Courage Campaign partnered with Jess Durfee, the Chair of the San Diego Democratic Party, to introduce a petition calling on Mayor Sanders to launch a full investigation into the questionable process that’s brought Blackwater to the City of San Diego.  He asked for this responsibility- he still wants this responsibilty. It’s time to deliver.

On the flip is the email that Jess Durfee sent to Courage Campaign’s San Diego members today.

My name is Jess Durfee. I am the Chair of the San Diego County Democratic Party.

The Courage Campaign asked me to write this message to the people of San Diego about Blackwater’s shocking new plan to build a base of operations in Otay Mesa, just three blocks from the Mexican border.

False pretenses. Bait-and-switch. Trojan horse. Take your pick of descriptions to explain Blackwater securing a city permit for its “vocational training school” — a “school” that won’t be open to the general public.

That’s simply Blackwater’s way of doing business. By using trojan-horse corporate shells like “Southwestern Law Enforcement” and “Raven Development Group” to obtain their permit, Blackwater is using false pretenses to evade public scrutiny.

The worst part? The “Blackwater bait-and-switch”: Using Iraq profits to subsidize a base of operations in San Diego with millions of your tax dollars.

Enough is enough. It’s time for San Diego’s elected officials to take a stand and kick Blackwater out of San Diego County for good. If the people of Potrero can do it, so can we.

The one man standing in the way of Blackwater is Mayor Jerry Sanders. He has the power — under San Diego’s “strong mayor” system — to launch a full investigation into the false pretenses Blackwater used to obtain a “vocational trade school” permit for their 61,600-square-foot facility.

I have written a letter to Mayor Sanders that asks him to take action immediately. To get the Mayor’s attention, I am urging the citizens of San Diego to join me in signing it no later than TUESDAY AT 9 AM.

The sooner you sign on and spread the word to your friends, family and neighbors, the more signatures we’ll have when we present this petition to Mayor Sanders on Tuesday:

http://www.couragecampaign.org/SandersLetter

We all know that Blackwater is the “Enron” of private security contractors, more than willing to exploit Californians in the pursuit of profit. Do we really want these notorious mercenaries as our neighbors, bait-and-switching San Diego with an eye to eventually landing border security contracts?

As I wrote to Mayor Sanders in the letter linked above:

“This isn’t the first time that Blackwater has tried to hold itself above the law, and it probably won’t be the last. As ABC News recently reported, ‘Blackwater has been accused of tax fraud, improper use of force, arms trafficking and overbilling connected to its work for the U.S. government in Iraq. A grand jury, federal prosecutors and congressional investigators are all currently probing allegations against the company.’

The letter goes on to ask Mayor Sanders to stand up for San Diego so we can stand up to Blackwater before they set up shop a stone’s throw from the Tijuana International Airport. Please sign our letter today and ask your friends, family and neighbors to sign it as well before TUESDAY AT 9 AM:

http://www.couragecampaign.org/SandersLetter

As many Democrats, Republicans and Independents agree, Blackwater is undermining our troops in Iraq and our security at home. And now it appears to be using false pretenses to establish a dangerous foothold inside our community to privatize our border security operations. The only way we’ll know is if our Mayor launches a full investigation immediately.

It’s time for Mayor Sanders to stand up for San Diegans by standing up against Blackwater.

Please sign this letter to the Mayor today and tell your friends. Before it’s too late.

Thank you for everything you are doing to make sure San Diego continues to be “America’s Finest City”.

Jess Durfee

Chair

San Diego County Democratic Party

P.S. Thank you to all the folks in San Diego who came out last Friday to Congressman Bob Filner’s rally and press conference at the site of Blackwater’s planned facility in Otay Mesa. We had a great turnout in what could be the beginning of a movement to finally kick Blackwater out of town for good and change San Diego politics forever.

To make this new era for progressive politics in San Diego possible, we need your support for our letter to Mayor Sanders. Please sign on and spread the word as soon as possible before we present your signatures to the Mayor on Tuesday:

http://www.couragecampaign.org/SandersLetter