The Blackwater 5 case is making headlines as the newest group of scapegoats to be roasted over the coals by the U.S. government.  Using the Military Extraterritorial Judicial Act (MEJA), the five men–all prior military with combat experience and stellar careers–were charged under a 35-count indictment for their role in the deaths of Iraqi “civilians.”  Absent in every news story on the case is the basic fact that terrorists are also civilians, but facts never did stop the mainstream media.

The interesting legal questions in the case are legion — such as venue (the reputedly conservative Salt Lake City vs. D.C., which may be less sympathetic to the Iraq war and Blackwater?), and the proper reach of the of the Military Extraterritorial Jurisdiction Act (are the guards “contractors” for purposes of the law?).

But even if prosecutors get their wish on the venue issue, and even if a judge agrees with their construction of the MEJA, they’ll almost certainly face an uphill battle if the case sees trial.