Senate bill would see Iraq contractors face justice in US courts

By Daniel Tencer
Thursday, November 19th, 2009 -- 8:44 pm
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iraqgearshadow Senate bill would see Iraq contractors face justice in US courtsA bill introduced in the Senate on Wednesday could see military contractors in Iraq face justice in US courts in cases involving death, rape or serious injury.

While supporters of the bill hailed it as the end of "the Wild West of government contracting," some legal experts questioned whether the law could pass constitutional muster.

The bill, authored by Sen. Claire McCaskill (D-MO), would require foreign companies that contract with the US military to agree to answer in front of US courts when there has been a death, rape or serious injury, reports the Courthouse News Service.

McCaskill's inspiration for the law was the case of Army Lt. Col. Dominic Baragona, who died in Iraq in 2003 when a truck belonging to a Kuwaiti contractor slammed into his Humvee. Baragona's family sued the contractor, Kuwait Gulf & Link Transport. When the contractor didn't appear in court, the judge issued a $4.9 million judgment to the Baragonas. But the courts vacated that judgment when the company argued the US didn't have jurisdiction over the case.

As the Kansas City Star reports, the Baragonas faced resistance not only from the contractor, but from the US Army as well:

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The family ran up against an Army investigation of the accident that didn’t include key details, among them the name of the company that owned the tractor-trailer, an interview with its driver or his identity.

The Baragonas pushed for a second probe, which found the driver was at fault. But they have endured legal stonewalling and a by-the-book attitude from the military that members of the Senate panel said seemed strangely removed from any concern over the death of one of its own.

“I am, frankly, flabbergasted that most — if not all — of the effort in this case came from the Baragona family and not from our military after a member of the military was killed,” McCaskill, chair of the Senate Subcommittee on Contracting Oversight, said Wednesday.

As Robert Brodksy at GovExec.com states, "legal experts argued that the legislation would close an important jurisdictional gap for federal courts, particularly for incidents in Iraq, in which contractors already have immunity from prosecution."

But some legal scholars expect the law to face a constitutional challenge from contractors. Columbia Law School lecturer and Harper's magazine contributor Scott Horton told Brodksy that contractors will challenge the bill if it becomes law, on the grounds that a defendant must have some "minimal connection" to the US in order for American courts to have jurisdiction. Supporters of the law would likely argue that a contract with the US military amounts to a "minimal connection."

The Defense Department reportedly also has concerns about the bill. Richard Ginman, deputy director for program acquisition at the Pentagon, told the Federal Times that the new law would limit the government's ability to contract for services in war zones.

But for the Baragona family, who have been seeking justice for six years for the death of their loved one, the bill represents only good news.

"When this bill passes, the Wild West of government contracting will finally be over," Dominic Baragona's father, Dominic Baragona Sr., said.

Details on the Lieutenant Colonel Dominic "Rocky" Baragona Justice for American Heroes Harmed by Contractors Act can be found here.

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Story comments are below...

  • Elim
    This is for foreign contractors, not for Halliburton, KBR, Dyncorp, Vinnell, Triple Canopy or Executive Outcomes. Then what fucking good is a bill like this? Oh, I get it. To drive business away from foreign companies, and TO the American ones, where these abuses are still permitted, along with giving and receiving kickbacks and bribes.
  • lorn
    Nice comment, perfect summary.

    I would add that many people will just catch the headline and believe the fake man of peace Obama is actually trying to do something.

    PS good mention on Dyncorp. People should google that one and learn how Obama is as cozy and greasy with them as Bush was with Blackwater.

    Is anyone interested in getting a pool going on what day (if ever) this site will stop using the sanitized 'contractors' and use the real word people all over the world have always used...........MERCENARIES.
  • How long and How many bad reports before
    we learn the lesson - We need to form opposable non violent
    coalitions Using Obama's own words that can
    move policies for real... www.bailoutmainstreetnow.com this will take some hard work
    but people have to start by adding positive contributions
    so that we can effect real change.
  • texasaggie
    I fail to see why anyone is actually surprised at the Army's uncaring attitude towards the death of "one of it's own." This is standard operating procedure. The brass doesn't give a d__n about the people in the field. Just ask any of the returned soldiers who are trying to get treatment for their injuries, forget compensation.
  • Holly81
    It should include all US contractors too. All congress people's spouses/families associated with these companies need to be banned. Lobbyists need to be banned from contributing to campaigns.
    Dyncorp rapes young children, traffics human beings. Halliburton and KBR just kills people. Wonder how much heroin they all smuggle out?
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