Pentagon opposed measure to help rape victims

By John Byrne
Tuesday, October 20th, 2009 -- 8:20 am
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pentagon old Pentagon opposed measure to help rape victimsIt's not just Republican senators who oppose an amendment allowing defense contractor employees to sue over rape in US courts.

It's also the Pentagon itself.

An amendment put forth by Sen. Al Franken (D-MN) sought to allow victims of rape to sue over their treatment in the US court system, after revelations that a KBR employee could only seek redress through arbitration, as outlined in her employment contract.

Thirty Republicans voted against the amendment, which passed the Senate 68-30.

The provision was sparked by the gang-rape of a 19-year-old KBR employee by her coworkers in Iraq. After returning to the United States, Jamie Leigh Jones found she couldn't sue the company because of a clause in her employment contract.

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A message sent to senators Oct. 6, discovered by reporter Ryan Grimm, shows that Obama's Pentagon opposed the measure.

"The DoD opposes the proposed amendment," a message from the administration said.

A White House spokesman told Grimm they supported the amendment's "intent."

"We support the intent of the amendment, and we're working with the conferees to make sure that it is enforceable," spokesman Tommy Vietor said.

"The Department of Defense, the prime contractor, and higher tier subcontractors may not be in a position to know about such things. Enforcement would be problematic, especially in cases where privity of contract does not exist between parties within the supply chain that supports a contract," the Pentagon's remarks added. "It may be more effective to seek a statutory prohibition of all such arrangements in any business transaction entered into within the jurisdiction of the United States, if these arrangements are deemed to pose an unacceptable method of recourse."

Speaking in opposition to the amendment, Republican Sen. Jeff Sessions (R-AL) said, "Congress should not be involved in writing or rewriting private contracts," saying the measure was a "political amendment at bottom, representing a political attack on Halliburton."

In a statement Monday, Sen. Bob Corker (R-TN) said descriptions of the amendment as purely "anti-rape" were overstated.

"This vote has been grossly misunderstood, oversimplified, and misreported," Corker spokeswoman Laura Lefler Herzog said in a statement. "Senator Corker, the father of two daughters, believes what happened to Jamie Leigh Jones is abhorrent and that the culprits should be prosecuted to the fullest extent of the law; further, he agrees that rape, battery, and intentional infliction of emotional distress should not be arbitrated, but the Franken amendment went far beyond the ill it was trying to remedy to encompass most possible employment claims."

Republicans argue that the amendment abrogates the ability of companies to draft private contracts.

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Story comments are below...

  • RevolutionDynamo
    We have all kinds of laws and rules that abrogate the ability of a private company to contract with a private individual! You can't hire someone on as a slave, for instance. Our courts often find contractual clauses in contracts to be unconcionable and refure to enforce them. Not only that, but this amendment isn't prohibiting this kind of contract, it just doesn't allow our taxpayer dollars to go to a company that chooses to treat its employees in this manner.

    The arguments I heard on the Senate floor against this amendment made me sick to my stomach.
  • cozmicseer
    This kind of thinking always reminds me of one the the top 50 oxymorons: Military intelligence
  • bobdevo
    The Pentagon has been raping and pillaging since Day One, so one can understand their sympathies lie with the rapists rather than the rapees . . .
  • larryoinpdx
    What's the fun of going to war if you cannot commit a few rapes along with the mayhem and the pillaging?
  • texasaggie
    "Senator Corker, the father of two daughters, believes what happened to Jamie Leigh Jones is abhorrent and that the culprits should be prosecuted to the fullest extent of the law;"

    He just doesn't believe that there should be a law that does anything about it. You'll notice that the perpetrators were in fact prosecuted to the full extent of the law. There was no law to cover it because contractors were immune from Iraqi courts and were not covered by US law because they weren't military. When she tried to get redress through the civil court system, Senator Corker's favorite contractor was protected by the clause in her contract that the amendment eliminates. So it is true that Corker believes that they should be prosecuted to the fullest extent of the law as long as there isn't any law prohibiting what they did.
  • dennycrane
    Rape and pillage--the favorite "pastime" of a military industrial comlex. The bastards that join can't find a job, a girlfriend/boyfriend or "skills" that integrate them into a functional society of common people. The"pentagon" should be "remodeled" to form a "pretzel", since it is a "twisted" up mental fuck.
  • buddys32
    not everyone is like that, you shouldnt talk about people as a whole.. tisk tisk
  • donofcali
    This is what I would expect from the Pentagram.
  • kayttt2000
    Republicans argue that the amendment abrogates the ability of companies to draft private contracts.

    So the Republicans are saying,,"If contractors aren't given a free get out of jail rape card,,they won't take the contract"

    There is a purpose here beyond the current situation that the Republicans are trying to protect..
    the Military,Private Contractors and other Federal Agencies that are guilty of rape..

    As a Rothschild/ CIA Mk Ultra Victim that was used to store there deeds and as a telephone communication,,,
    The CIA was discussing Rape,,between every issue they discussed there was rape,
    There modus operandi is Rape,,,
    What this means is they work to achieve this,,it's part of there plan of operation...!

    As the Pentagon and CIA work hand in glove along with private contractors,,,,,

    I will close in a statement that was put in my memory by the Rothschild/CIA team and there purpose of recruiting woman in the military and other agencies..
    It is sad and not my thinking,it was the Modus Operandi of the CIA..
    "Woman make good mattresses for the men"...
    I could go into more detail of how they discussed this,,
  • McLean, Virginia -- Prosecution for rape (or any other crime) has nothing to do with rape. No one who believes in honesty, integrity, and the rule of law will accept the tortured lies and excuses of Bush-loving warmongers.

    Unfortunately, President Barack Obama has fallen into the trap of keeping many of the Bush appointees in critical positions, especially in DOD and DOJ.

    This has got to stop. If Obama doesn't start living up to his promises, he will lose the support of many of his base.

    Paul Matthews
  • McLean, Virginia -- Sorry; Meant to say:

    Prosecution for rape has nothing to do with CONTRACT LAW.

    Paul Matthews
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    Gotta Serve Somebody by Bob Dylan
  • texasaggie
    see above for changes
  • Michael Valentine
    Arbitration as an employment dispute resolution in contract disputes works if the employee is represented by a union representative and the issue is straight foreword.

    As resolution to criminal acts, no not so much.
  • Michael Valentine
    Arbitration as an employment dispute resolution in contract disputes works if the employee is represented by a union representative and the issue is straight foreword.

    As resolution to criminal acts, no not so much.
  • sambenar
    Since when was rape moved from criminal law to contract law?
  • surgethis
    Republicans have no respect for the lives of other human beings. And the Pentagon is in the business of creating war and profits for the private sector. Our government, giant corporations, war ... it's all a racket and they need our lives to be available for whatever they feel like doing. They want to maximize their profit and minimize their responsibility. We live in a form of covert tyranny where the "system" (banking, military, government) is rigged to consolidate power and money among a select few. None of whom give a damn about the United States ... our constitution ... or our citizens. There is not a single element or person in this country that is not owned and controlled by this corrupt system of lies, manipulation, and intimidation. As long as the shadow elite remain in position we do not have freedom. Our government has been taken over by these interests and no longer exists as the constitutional government as founded and documented. It's all a scam.
  • buddys32
    sue the prosecutors not the company, i was a raped by an employee of a company and i didnt sue the company i went after the source... !!!
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