Here is the defense team blog and the court filings they have made. God knows I am no a lawyer, but I have now read all the documents in the public record and if this case isn't thrown out as soon as the judge bangs a gavel something is wrong. I could honestly envision a scenario where he chews the ASS. US Attorney Kohl who brought this piece of political garbage into play. FFS, the law they charge them under doesn't even come close to applying to these guys and this situation.
The Military Extraterritorial Jurisdiction Act (MEJA) was designed to ensure that contractors working for Department of Defense were held accountable if they committed crimes while working for the government. Congress could have included the State Department in this law, but did not. There is one document where the defense lawyers trace the chain of contracts applicable to their client's work in Iraq and they show the master contract is with State, as are all subordinate ones. They even put the mission statements of DoD and State to show that their is no logical way to say these men were supporting DoD.
This case is a travesty, and I really believe it will last about an hour, most of which will be the judge asking the US Attorneys if they read the freaking English language. I don't see how this case can make it to a point where we actually see decisions about the actual shootings because there is no law to try it under.