
Inouye to be first Democratic member of Republicans for Rape?
The sad story of Jamie Leigh Jones has been used as a catalyst to try to achieve reform of employment contracts for employees of government contractors working for the Defense Department. As stated on the website for the Jamie Leigh Foundation:
We believe that United States civilians who perpetrate crime while working in foreign countries should be held accountable for their actions under an enforceable law. We are dedicated to protect Americans working for government entities overseas by pushing for more stringent laws that umbrella criminal contractors.
Holding government contract entities accountable requires that including arbitration clauses in government contracts as being unlawful. When an employee is injured abroad he/she is forced into a mandatory arbitration which is not subject to appeal. The arbitration proceeding is private and discrete and the outcome of arbitration cannot be disclosed to the public. Unfortunately, these contracts are stacked in favor of businesses, making it harder for individuals to prevail in a dispute. The Jamie Leigh foundation will assist victims through advocacy, education, legislation, and referral.
As reported by acquarius74, a significant victory in this effort was achieved on October 6, when an amendment to the Defense Appropriations Act of 2010 by Senator Al Franken was passed by a vote of 68 to 30. The stated purpose of the amendment was:
To prohibit the use of funds for any Federal contract with Halliburton Company, KBR, Inc., any of their subsidiaries or affiliates, or any other contracting party if such contractor or a subcontractor at any tier under such contract requires that employees or independent contractors sign mandatory arbitration clauses regarding certain claims.
The 30 Republican Senators who voted against the Franken amendment have been subject to much very well-deserved derision for their votes, and there now is even a website dedicated to their abhorrent votes: Republicans for Rape.
Today, Tracie Powell, writing in CQPolitics, informs us that Republicans for Rape may get their first Democratic member:
But get this: Reports emerged Thursday that the proposal, introduced by Sen. Al Franken , D-Minn., may be stripped away by a fellow Democrat, not a Republican.
The third longest-serving senator in history, Democrat Daniel Inouye of Hawaii, is reportedly considering altering or removing the provision that is part of the fiscal 2010 Defense appropriations bill. A spokesman for the Senate Appropriations Committee, chaired by Inouye, said in an e-mail that the committee does not comment on ongoing conference negotiations and emphasized that the White House supports the intent of Franken’s amendment.
Powell links this story at Huffington Post as the source for Inouye’s possible course of action.
The telephone number for Inouye’s Washington office is (202) 224-3934. I wonder if a few calls might bring him around to honoring the intent of the huge majority of Senators who voted for the Franken amendment. It is very important for Inouye to hear from us, because as Sam Stein reports in the HuffPo article, Inouye is under incredible pressure from defense contractors:
“The contractors are putting on a full-court press on this amendment… they are all doing it,” said the latter source.
To the phones!





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I called earlier as soon as I saw the story in HuffPo. I was so angry I was shaking. I asked the staffer if a person who has been raped and held hostage doesn’t deserve a day in court, whether the Senator figured murder should just be referred for arbitration as well.
The staffer weaseled like crazy, saying the Senator voted for the amendment and couldn’t comment on the process in the conference committee (another tribute to our smoke-filled room democracy). But she did say she would “relay my message”.
When Congress can be bribed to give a wink and a nod to rapists and kidnappers (and worse to use OUR TAXES to PAY RAPISTS AND MURDERERS at an exorbitant rate), it does not bode well for their ability to legislate ethically in any area whatsoever.
No wonder health care is so hard. No wonder we can’t end the wars. No wonder banksters are sticking up the public for handouts…
Senator Inouye should be ashamed. Better yet, he should be voted out of office.
I just made my call as well and told them that I would love to hear back from them that Senator Inouye will keep the Franken amendment intact in the conference bill and that I would be happy to add a message to that effect to this post. I also warned that the progressive community is very upset by the possibility of removing or watering down the amendment and that we would be happy to run ads pointing out how much money he has received from defense contractors and how removing the amendment would look like he is helping them to cover up rape.
Good for you Jim, thanks. If Inouye pulls the amendment, I will happily donate as much as I can to see him defeated.
To his great credit, Al Franken did his Constitutional homework on this amendment before submitting it.
The following may answer a question you asked in Glenn’s thread this morning, Jim, about Franken’s amendment and Bills of Attainder; this is Senator Franken’s October 6th floor presentation for his amendment (S.A. 2588) to the FY 2010 Defense Appropriations Bill:
http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?dbname=2009_record&page=S10147&position=all
Thank you so much, pow wow. Franken clearly was very careful in crafting the amendment. I’m especially happy he got an opinion from Chemerinsky–I fully expect to see him on the Supreme Court some day.
Without Rape, most of our defense contractors would likely have to cut jobs–as they’de be reduced to the “pillage” and “plunder” markets.
A really terrific post, Jim, and some wonderful comments, as well, that really fill out the story.
I will call, but I haven’t had lunch yet, and I am trying to decide whether a full or empty stomach would be better in this situation.
I decided empty was better than full.
Lamarr: Qualifications?
Inouye: Rape, arson, murder, and rape.
Lamarr: You said “rape” twice.
Inouye: I like rape.
The White House is also opposed to this Amendment. While they appreciate its sentiment, neoliberal nonsense, etc.
Thank you for the acknowledgment, Jim. Recommended.
I’m so proud of Senator Al Franken! People who discount persons with a sense of humor as being just clowns are playing with disaster; consider Mark Twain, and the late George Carlin.
Membership in the Dethspickable! Dirty Thirty includes the Texas Wurlitzer sent to back to DC in 2008 by:
Exxon Mobil – Total contribution @ $64,300.00
J P Morgan Chase – Total contribution @ 62,847.00
Bass Brothers Enterprises – Total contribution @ $47,200.00 (see *)
Contran – Total contribution @ $42,500.00 (see **)
Burlington Northern Santa Fe Corp. – Total contribution $41,600.00 (RailRd)
* Bass Brothers – read Big Oil; 4 sons of Perry Bass, Big Oil wildcatter back in the day; nephew of Sid Richardson, bigger oil wildcatter. The 4 sons have diversified into many areas and control many companies.
** Contran – Founded by Harold Simmons, the evil genius who dreamed up Leveraged Buy-Outs and made a fortune gobbling up other corporations; IMO lacking an iota of conscience.
Now all readers here can know just who Cornyn represents and takes his orders from. We made a valiant effort to give him the boot in 2008 but he had all the above plus some some rich elites and Karl Rove stumping for him….
The defense contractors noted in the HuffPo piece are telling Inouye “Nice military supply chain your committee has control over here. It’d be a shame if anything happens to it.” I’m sure they’re also playing every “blame the victim” card they’ve got: “Don’t let those uppity wimmin-libbers try to fool you — nothing should get in the way of supplying arms to our brave men in uniform, men not unlike yourself, sir.”
More intriguing to me is the other message the contractors are sending: “Our employees are so uncontrollable, unpredictable, and unstable, that without immunity from litigation and prosecution, we can’t possibly continue to operate our business.”
That *is* the message they are sending, isn’t it?
On another thread, I made a comment about how much harder it is to do comedy, compared to drama, and how much smarter you have to be to succeed as a comedian. Just learning about timing alone is huge. Note how Franken embarrassed the woman in pearls, with his command of the facts. And his timing.
We need many, many more comedians. In the government. In the media. On the news (the clowns there now don’t count).
There’s most certainly a scene or line from Blazing Saddles to fit most situations, isn’t there?
I’m so disappointed in Inouye. I thought a lot of people mellowed with age. Why, at his age, does he care more about lobbyists than human rights? What has he forgotten?
Sorry for all the questions. I’m just bummed on a lot of levels over this.
But, Hurray for Franken!
Why don’t they just hire people who can be trusted to be human beings? Oh, that’s right, it’s an immoral war, and an immoral way to run the war. What’s wrong with me? This story is just so transparent, isn’t it?
Senator Inouye, I admire your LONG and mostly illustrious service to the United States. You were awarded the CMH, although long after it should have been awarded.
You have served your country well in war and peace times.
Please retire before you destroy your legacy.
If it hasn’t been mentioned before, Inouye has a history of sexual harassment. Maybe he should be reminded of it.
http://news.google.com/newspapers?nid=1356&dat=19921206&id=LJ0TAAAAIBAJ&sjid=YwcEAAAAIBAJ&pg=6768,4104729
Right! Went to the phones. Also wrote about this and included the Inouye contact info in my post. I also re-posted all the names of the GOP that voted against it along with the website again. Need to keep reminding people who they are.
Continued from my rant at # 11: Here is the link to the campaign contribution info on John Cornyn’s for 2008 election. The entire page is astounding. BTW, Big John’s personal contribution to his own re-election was [ready for this??] $0.00.
Regarding Inouye, I’m trying to recall that hearing where he shut down a witness who was just about to spill the beans by using that old “sensitive to national security” play. My memory is hazy – does anyone out there recall that event?
Some of these very old congress members seem to not understand the world today at all. I have always admired the courage of Inouye but this makes me lose all respect for him. I am tired of women being badly treated and then a second time by
elected officials.
thanks Jim, acquarius74, and pow wow
called this morning. staffer said they were being bombarded, I said good
there are 20 ways of wrong here. how could someone who has championed the cause of lest we forget on WWII internment camps so brutally turn on a young woman who suffered internment at the hands of her employer ???
p.s. that Japanese Americans Museum in L.A. ??? his current wife is the Chair and big bunch of money for it came from his defense contractor friends
You Libs love to pretend this Amendment is all about rape, so fine: revise it to cover ONLY rape and violent crimes. If that happens the opposition will vanish.
What’s really funny is that Franklin risked having the Amendment fail by including a bonanza for trial lawyers. Sounds to me like he’s the one who doesn’t care about rape.
I should have added in one of my earlier comments here, my heartfelt thanks to all of the men here who take the time to speak out on these unspeakable issues affecting women.
Jane has a fresh cross-post already in progress: “ConservaDems Champion the Chamber”
That’s true and we women need all the help we can get – especially right now on this health issue.
Maybe the military message for him has something to do with blackmail or the cover up regarding the human and environmental costs of using uranium munitions.
Not only is it poisoning their countryside, it is also coming home in our soldiers. I thought the 9/11 cover up was big, it is nothing compared to the use of uranium in war. They don’t want anybody talking about it.
Thank you, cb12. Inouye is up for re-election in 2010. He was first elected 1962. I, too, used to admire him – no more. Speak with your vote, Citizens of Hawaii!! Here is the link to Inouye’s campaign fund contributors. The BigUns seem to be Lockheed-Martin, Northrup Grumman, and the Lobbyists.
BTW, I read an article which stated there are 2.+ lobbyists for every congress-critter in DC. Those costs (salaries+bonuses+goodies to the critters) all have to be absorbed by the taxpayer in the defense budget, cost of health and medicine, insurance, etc… How many tick-parasites can the taxpayers support, especially with the record-breaking unemployment as it is now?
Calling. the defense contractors pushing back so hard says it all. Lots of rape going on in these situations.
The inability of these Reps to imagine their own daughters, sisters, mothers in these situation is pathetic.
Franken “have her day in court”
“many more women have come out of the shadows”
Criminal…sickening
http://thinkprogress.org/2009/10/07/kbr-rape-franken-amendment/
In the Huff Po piece that Jim Linked. Thanks for this post Jim
“Inouye’s office, sources say, has been lobbied by defense contractors adamant that the language of the Franken amendment would leave them overly exposed to lawsuits and at constant risk of having contracts dry up. The Senate is considering taking out a provision known as the Title VII claim, which (if removed) would allow victims of assault or rape to bring suit against the individual perpetrator but not the contractor who employed him or her.
“The defense contractors have been storming his office,” said a source with knowledge of the situation. “Inouye either will get the amendment taken out altogether, or water it down significantly. If they water it down, they will take out the Title VII claims. This means that in discrimination cases, they will still force you into a secret forced arbitration on KBR’s (or other contractors’) own terms — with your chances of prevailing practically zero.”
You realize that this KBR crap goes deeper than them allowing their employees to gang rape other employees. Read the story this morning from the AP, they’re being sued for human trafficking! They were (perhaps tangentially) responsible for using third world semi-slave labor, and wouldn’t let the people leave. They may or may not have been involved in procuring the people, but either way, they forced people to work in Iraq against their will. And where is this in the press? In this *one* story about general human trafficking. It isn’t mentioned anywhere else that I can find.
More on this at my blog.
Oh, and as for Inouye. Democrats, Republicans. They’re all the same, bought off by the Corporatocracy.
I’m always amazed at people like you who intentionally display their ignorance; “If that happens the opposition will vanish” is just such a display.
Obviously, you lack the knowledge necessary to evaluate the effect and mechanisms associated with ‘arbitration’; quit listening to talk radio and start reading that which challenges you to research and think in a critical analysis mode of consciousness.
What great lengths those contractors will go to in order to avoid holding their employees responsible for simple, human decency in their work relationships. They’re so fond of the fine print in their contracts, why not include those that stipulate severe punishment for rape, sexual assault, sexual harrassment – to include the contractor bringing criminal charges against the perpetrator??
What they’re saying to the “senators” (that august body of wise statesmen (/s) is, “We can’t control these thugs we hire.” And DOD’s Charlie McCarthy repeats the same.
Hey, Jim! Congrats, your diary here made the front page at FDL, and deservedly so.
The larger battle being fought by these defense contractors and their Congresscritters is to avoid accountability across the board, not just for the criminal excesses of their managers, employees and contractors regarding rape. Even Karl Rove would find it hard to argue that that’s within the scope of their employment.
The Pentagon isn’t worried about running out of defense contractors, who refuse to do business with them because it’s too onerous. Where they gonna go? They comply with more onerous disclosure provisions already. No, they don’t want Congress imposing any serious performance demands on them or their supplier network. They don’t want Congress overseeing compliance with those requirements. If that means a few little girls who ought to know better, and who should be home making their hubbies and children happy, have a hard time by refusing to sit back, relax and enjoy the ride, fuck ‘em.
Exclusive, mandatory, binding arbitration is a powerful tool in an employer’s kit. It gives them enormous leverage over employees. With status, access, cash in hand and teams of specialist lawyers, arbitration allows them more easily to vivisect troublesome employees. Average employees have none of those resources. (Fired officers are paid handsomely to STFU, so they rarely find themselves in arbitration.) If the employer loses, arbitration minimizes consequences because results are not known (officially) by other employees, the general public or their supposed government.
Don’t imagine that every other employer isn’t watching this closely, too. Virtually all of them impose arbitration on employees. What Congress does to regulate government contractors (there are thousands of them), it could do to them. The large majority in the Senate that voted for Sen. Franken’s amendment would disappear if employers were prohibited from demanding arbitration on other matters or were non-government contractor employers limited in using arbitration.
Sen. Franken’s amendment is eminently restrained and sensible. Contractors could easily comply with it. They have superior bargaining power over their employees and could change their employment/contractor arrangements at will. They could choose to avoid arbitration on such matters and defend themselves in court. They could institute routine disclosure requirements among their managers and employees – as they do now on FCPA and other legal issues – and use such due diligence to backstop their affidavits under oath and penalty of perjury that they are in compliance with applicable federal laws. They do so now every quarter when they file their financial statements. Non-public companies such as Blackwater/Xe have enough controls in place that they could comply just as readily.
Sen. Franken is very astute. His simple, honorable amendment has a Grayson-like quality to it that even Karl Rove would love. It’s the correct thing to do legally and politically. It is impossible to oppose it with honor. It exposes its opponents for what they are: merchants of death. My suggestion to him is that Sen. Franken make clear that his rule applies owing to the employer’s status as a contractor with the USG, and that it is not limited by the nationality or residence of the employer or the employee/contractor.
Thanks. That was a great analysis.
Piffle.
In the first place, you seem to be agreeing that this is about arbitration, not about rape(?) Second, I don’t listen to talk radio. Third, I have actually read the Amendment and in other threads have challenged everyone to do the same.
what if we did lose these contractors? wouldn’t that be awesome? Hey Blackwater/Xe, Go sell your junk to France and see how far you get. Gin up some stupid war and conscript the French and contract out your death services. Go ahead.
While I agree there might be an argument about assault vs. discrimination rules being enforced, I’m sure the defense contractors don’t give a crap about any protection for anyone except their bottom line. So that renders any objection invalid in my book. YMMV.
BTW Jim, awesome post. I was hoping someone would post something when I got wind of it last night.
For any of you who don’t know, Inouye is hawkish all the way and always has been. There is no “loss of perspective” or “going astray”.
It’s not about what defense contractors give a crap about, it’s about what Congress gives a crap about.
Do you agree that this is an anti-arbitration Amendment, not an anti-rape Amendment, and that it would not be controversial if it had been properly written to target only violent crimes?
My latest brilliant idea failed. heh,heh (tried to embed Daffy’s favorite put-down.)
inouye is a militaristic thief. in his home state he is affectionately referred to as “the one-arm bandit” for admitting to taking the personal possessions of those who had fallen in battle (along with having lost an arm in combat). big surprise that he doesn’t respect the living. as sung by SY: he’s “a war-pig fuck”
Jim and all you wonderful callers: Found this post put up about 3:30 p.m. today (time zone unknown).
[me: Let that be a lesson to any of you other senators who are contemplating political suicide to please your campaign contributors.]
Thanks for that link. I don’t think we can let up until the actual conference bill is released.
I agree. Thanks for your strong support on this, Jim.
scout [Is Boo well? Seldom see his name anymore. Hey, Boo, you still out there?]
OT- Jim,
Do you know a J.P. White that liberated Carcassonne, France in August 1944? I just saw some of my uncle’s photos and this man is in one of them.
No. Had a grandfather on my mother’s side in Europe in WWII but no direct relatives that I know of on my father’s side.
darn!
earl, I’m no lawyer but it seems to me that Ms. Jones case should have been brought in criminal court. Rape, assault and battery and imprisoning a person without cause or authority are crimes, and by destroying the evidence in the rape kit and in protecting the perpetrators, KBR is aiding, abetting and harboring the criminals. For me, there is no getting around those facts by quoting a lot of orwellian legalese.
Can you (or someone) explain to me why this case is not in criminal court? Thank you.
One of the reasons I included the quotation from the page of the Jamie Leigh Foundation is this little snippet:
You might recall from the Blackwater/Xe scandals that government contractors in Iraq/Afghanistan/Kuwait claim to exist in a somewhat never-never land legally. They claim to be immune to the laws of the host country because they work for DoD and yet also claim not to be subject to the Uniform Code of Military Justice because they are private contractors. That is why it has taken so long to prosecute Blackwater for even their most outrageous massacres of civilians. If mass murder is hard to prosecute for contractor personnel, then rape simply winds up being ignored.
Thank you, Jim. I haven’t lost my reason sufficiently enough to accept that these mercenaries can go anywhere in the world, committing any manner of crime their psychopathic urges direct, and be held accountable by no law in the world. This is insanity, Jim. What slick Mafia lawyer dreamed up this loophole? Addington? Sounds like him.
Sounds to me like these crimes (there are many) should go to the World Court and be tried under International Law if the US government is helpless to hold them accountable. [I know, I know – but this has just got to be dealt with or there is no such thing as Justice anywhere in this world.)
Jim, I just sent a strong “thank you” message to Senator Franken for his Rape Amendment bill. Here’s the link to contact him, and it allows messages from all states. I ask all who read this to let him know how strongly we support and thank him for just plain standing up for what is right and just.
Thank you.
Jim,
I suspect this post and some of the calls it prompted may have played a role in Inouye’s backpedaling, and deciding (for now) to support Franken’s amendment.
Thanks!!!!!