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The Department of Defense sent a letter to the Senate urging lawmakers to vote no on the amendment, according to the Huffington Post.
The department argued that it and its subcontractors "may not be in a position to know about such things," i.e., whether contractors employ the mandatory arbitration clauses. "Enforcement would be problematic," the note read, because contractors may not be privy to what's in their subcontractors' contracts.
The department suggests that "it may be more effective" to seek a law that would prohibit the clauses in any business contracts within U.S. jurisdiction.
The White House does say it supports "the intent of the amendment," spokesman Tommy Vietor told TPM.
Vietor also said the White House is working with legislators to rework the amendment "to make sure it is enforceable."
The Senate legislation, part of a defense appropriations bill, must still be merged with a House bill before it can be signed.
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Leamon, who retained a lawyer only two weeks ago, is weighing her options.
KBR attorney Celia Ballí, responding to a letter from Leamon's lawyer, wrote in a letter dated March 17, "The Company takes Ms. Leamon's allegations very seriously and has and will continue to cooperate with the proper law enforcement authorities in the investigation of her allegations to the extent possible." Ballí noted that the matter has been turned over to the CID and said that Leamon has been "afforded with counseling and referral services through the Company's Employee Assistance Program." Ballí wrote in the letter that there are "inaccuracies" in the description Leamon has put forward regarding her treatment after the alleged sexual assault. "Therefore, the Company requests that you fully investigate all the facts alleged by Ms. Leamon as the Company intends to pursue all available remedies should false statements be publicized."
Such "investigation" may prove difficult for her attorney. In the next sentence, the company says it is "not in a position to release any personnel or investigative records regarding Ms. Leamon's allegations at this time." In response to a request for comment on this story, a company spokesperson wrote in an e-mail that Leamon's "allegations are currently under investigation by the appropriate law enforcement authorities. Therefore, KBR cannot comment on the specifics of the allegations or investigation." The spokesperson added, "Any allegation of sexual harassment or assault is taken seriously and investigated thoroughly." The trouble, however, is that "appropriate law enforcement authorities" have not proved willing to address this type of crime committed by contractors in Iraq.
For her part, Leamon can't quite call herself a victim yet. In the course of several conversations over several days, she never once says the word "victim" out loud. Let alone "rape." Let alone "gang rape."
She simply describes what happened, moving through the course of events as if this had happened to someone else, as if the recitation of details were an act of contrition she was compelled to perform.
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Obviously, US military contractors have an interest in avoiding the bad publicity that would follow if these complaints were not kept secret. With huge sums hanging in the balance--KBR has an estimated $16 billion in contracts--the stakes are high.
But such a financial incentive cannot explain why the Justice Department has failed to act. Although it has the authority to pursue criminal cases involving US military contractor employees, it has hemmed and hawed over even the tiny fraction of cases that have made their way through the maze of obstacles to land in the Justice Department's offices. Grilling Justice about these twenty-four civilian sexual assault cases, Senator Nelson demanded to know exactly how many cases Justice was pursuing--and whether there had been a single conviction. "I don't know of any convictions for sexual assault," admitted Sigal Mandelker, deputy assistant attorney general for the Criminal Division. But, she stammered, "we do have active investigations...somewhere about...somewhere upwards of...somewhere between four and six, I believe is the number." (Leamon's attorney just learned that the department is initiating an investigation into her case.)
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Asked what reasons the departments gave for the apparent slowness of the probes, Poe sounded frustrated.
"There are several, I think, their excuses, why the perpetrators haven't been prosecuted," Poe told ABC News. "But I think it is the responsibility of our government, the Justice Department and the State Department, when crimes occur against American citizens overseas in Iraq, contractors that are paid by the American public, that we pursue the criminal cases as best as we possibly can and that people are prosecuted."
Since no criminal charges have been filed, the only other option, according to Hutson, is the civil system, which is the approach that Jones is trying now. But Jones' former employer doesn't want this case to see the inside of a civil courtroom.
KBR has moved for Jones' claim to be heard in private arbitration, instead of a public courtroom. It says her employment contract requires it.
In arbitration, there is no public record nor transcript of the proceedings, meaning that Jones' claims would not be heard before a judge and jury. Rather, a private arbitrator would decide Jones' case. In recent testimony before Congress, employment lawyer Cathy Ventrell-Monsees said that Halliburton won more than 80 percent of arbitration proceedings brought against it.
In his interview with ABC News, Rep. Poe said he sided with Jones.
"Air things out in a public forum of a courtroom," said Rep. Poe. "That's why we have courts in the United States."
In her lawsuit, Jones' lawyer, Todd Kelly, says KBR and Halliburton created a "boys will be boys" atmosphere at the company barracks which put her and other female employees at great risk.
"I think that men who are there believe that they live without laws," said Kelly. "The last thing she should have expected was for her own people to turn on her."
Halliburton, which has since divested itself of KBR, says it "is improperly named" in the suit.
In a statement, KBR said it was "instructed to cease" its own investigation by U.S. government authorities "because they were assuming sole responsibility for the criminal investigations."
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Yet, 30 Republican members of the U.S. Senate have been getting phone calls lately from people asking, "Why do you support rape?"
These callers most likely are familiar with the mock Web site "RepublicansForRape.org," which recounts the recent skirmish over Sen. Al Franken's so-called "anti-rape" amendment to the Senate defense appropriations bill. For something so un-funny, the subject has become an exercise in the absurd.
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One might assume that there must be some reasonable explanation for 30 Republican senators taking a position that would invite vilification. In fact, the reason some Republicans objected is that the amendment was overbroad and might not be enforceable. The latter possibility was raised by the Department of Defense in a letter to senators.
Apparently, the "why-do-you-support-rape" crowd overlooked that detail. It's far more entertaining to insist that Republicans, instead of objecting to a potentially bad law, don't mind if women get gang-raped. Legal wrangling is not for sissies in Twitter World.
The real goal, obviously, should be to ensure that no one is denied access to justice and that arbitration agreements are nonbinding in criminal acts. In fact, the 5th U.S. Circuit Court of Appeals ruled last month in Jones' favor, agreeing that the alleged gang rape wasn't related to her employment and that she, therefore, wasn't bound by the company's arbitration agreement.