Stupidity + Corruption =

this.

The helicopter was hovering over a Baghdad checkpoint into the Green Zone, one typically crowded with cars, Iraqi civilians and United States military personnel.

Suddenly, on that May day in 2005, the copter dropped CS gas, a riot-control substance the American military in Iraq can use only under the strictest conditions and with the approval of top military commanders. An armored vehicle on the ground also released the gas, temporarily blinding drivers, passers-by and at least 10 American soldiers operating the checkpoint.

“This was decidedly uncool and very, very dangerous,” Capt. Kincy Clark of the Army, the senior officer at the scene, wrote later that day. “It’s not a good thing to cause soldiers who are standing guard against car bombs, snipers and suicide bombers to cover their faces, choke, cough and otherwise degrade our awareness.”

Both the helicopter and the vehicle involved in the incident at the Assassins’ Gate checkpoint were not from the United States military, but were part of a convoy operated by Blackwater Worldwide, the private security contractor that is under scrutiny for its role in a series of violent episodes in Iraq, including a September shooting in downtown Baghdad that left 17 Iraqis dead.

“You run into this issue time and again with Blackwater, where the rules that apply to the U.S. military don’t seem to apply to Blackwater,” said Scott L. Silliman, the executive director of the Center on Law, Ethics and National Security at the Duke University School of Law.

Officers and noncommissioned officers from the Third Infantry Division who were involved in the episode said there were no signs of violence at the checkpoint. Instead, they said, the Blackwater convoy appeared to be stuck in traffic and may have been trying to use the riot-control agent as a way to clear a path.

Anne Tyrrell, a spokeswoman for Blackwater, said the CS gas had been released by mistake.

“Blackwater teams in the air and on the ground were preparing a secure route near a checkpoint to provide passage for a motorcade,” Ms. Tyrrell said in an e-mail message. “It seems a CS gas canister was mistaken for a smoke canister and released near an intersection and checkpoint.”

She said that the episode was reported to the United States Embassy in Baghdad, and that the embassy’s chief security officer and the Department of Defense conducted a full investigation. The troops exposed to the gas also said they reported it to their superiors. But military officials in Washington and Baghdad said they could not confirm that an investigation had been conducted. Officials at the State Department, which contracted with Blackwater to provide diplomatic security, also could not confirm that an investigation had taken place.

In a written statement, the State Department said the international chemical weapons convention “allows for the use of riot control agents, such as CS, where they are not used as a method of warfare. The use of a riot control agent near a checkpoint at an intersection in the circumstances described is not considered to be a method of warfare.”

Yet experts said that the legal status was not so clear cut. “I have never seen anything that would make it permissible to use tear gas to get traffic out of the way,” Mr. Schmitt said. “In my view, it’s an improper use of a riot control agent.”

“It just seemed incredibly stupid,” he wrote. “The only thing we could figure out was for some reason, one of them figured that CS would somehow clear traffic. Why someone would think a substance that makes your eyes water, nose burn and face hurt would make a driver do anything other than stop is beyond me.”

So idiots drop tear gas on Iraqi civilians and American soldiers at a peaceful checkpoint in order to clear traffic. Their employer, Blackwater, claims the Dept. of Defense investigated the incident, but the State Dept. can’t confirm whether that’s true. Meanwhile, the State Dept. defends the action because dropping tear gas on civilians and American soldiers at a peaceful checkpoint “is not considered to be a method of warfare.” The fact that it was incredibly stupid and dangerous doesn’t appear to be an issue for State, which, after all, contracted with Blackwater to provide security.

And if you’re not going to make a big deal over 17 murders (can you say “immunity”?), why sweat this? What’s a little CS gas between business associates?

UPDATE: Speaking of those 17 murders:

Shortly after Blackwater guards shot and killed 17 Iraqi civilians on Sept. 16, the firm “repaired and repainted its trucks immediately,” essentially “destroy[ing] evidence that Justice Department investigators hoped to examine.” Blackwater responded that any repairs “would have been done at the government’s direction.” The State Department refused to comment.