Attorney Andrew T. McKinney continues the accusation that Jamie Leigh Jones had consensual sex with Charles Bortz.
"The beauty of having no memory is that you don't have to explain what you did and why you did it," McKinney told jurors Thursday. "The problem with getting your memory back is you have to keep your story straight."
The reason Jones doesn't remember is because her drink was drugged by Rohypnol. The KBR press release accuses Jones of being a flirt and enticed Bortz into having sex.
Also in Congressional testimony (and in several media interviews), Ms. Jones stated she only took two sips from a drink. However, several witnesses present at the social gathering outside the barracks observed her having several drinks and flirting with one particular firefighter whom she had socialized with the night before. She was also seen leaving the gathering with this firefighter.
The firefighter admits that he and Ms. Jones had consensual sex. However, he is certain that nobody else was present or had sex with Ms. Jones that night.
This is a sickening legal position for KBR to maintain. KBR would rather defend accused rapist Bortz. Paying Jones for damages isn't even a consideration.
Closing arguments in the Jones case start tomorrow.
Slut-shaming, also known as slut-bashing, is the idea of shaming and/or attacking a woman or a girl for being sexual, having one or more sexual partners, acknowledging sexual feelings, and/or acting on sexual feelings. Furthermore, it’s “about the implication that if a woman has sex that traditional society disapproves of, she should feel guilty and inferior” (Alon Levy, Slut Shaming). It is damaging not only to the girls and women targeted, but to women in general an society as a whole. It should be noted that slut-shaming can occur even if the term “slut” itself is not used.
That is the tactic KBR, Inc. is using against Jamie Leigh Jones. Common decency would be to admit a horrible rape had happened and pay compensation. Instead, KBR would rather endure negative publicity and have an ugly drawn out court fight. KBR issued this statement.
In a statement, a spokeswoman for KBR said the company is proud of its work in Iraq, takes employee safety "very seriously" and looks forward to establishing the true facts of Jones's claims at trial.
"Ms. Jones and her lawyers have made many different and varied assertions," said the spokesperson. "Ms. Jones and her counsel are not what they claim and KBR is not what they assert."
KBR's attorneys presented evidence that Jones has a history of taking anti-depressant medication. There are millions of Americans that take anti-depressants to deal with medical needs. Former Florida Gov. Lawton Chiles took Prozac. Chiles' medical needs did not affect his ability to be a good governor. It would not surprise me if Jones was taking anti-depressant medication because of her sexual assault in Iraq. The issue is was Jones raped not what pills she is taking.
Jamie Leigh Jones finally gets her chance to tell her story in court.
"One of the firefighter, he handed me a drink. He said, 'Don't worry I saved all my ruffies for Dubai," Jones testified. She says she was drugged with what she believes was a sedative Rohypnol, widely known as a date-rape drug" and also known by the nickname "ruffies."
Jones said she woke up the next morning in her room and discovered she was naked, sore and had bruises and scratches on her thighs and wrists.
She said she had no memory of what happened to her. She said she found (Charles) Bortz in the room with her and he told her that they had sex the night before.
"I was putting the pieces together. I was figuring it out. I knew I had been raped," Jones said as she cried. At one point during her testimony, Jones took a short break to regain her compposure.
The firefighters worked for KBR, which was a subsidiary to Halliburtion. The sexual assault against Jones occurred in 2005. Halliburton and KBR severed ties on April 5, 2007. Jones' civil suit is against Halliburton, KBR and Bortz.
Jones was examined by an Army doctor. Shockingly, the Army gave the rape kit back to KBR. Jones' legal team has never seen the rape kit.
Jones testified to being locked in a trailer by KBR after her doctor's examination.
I'm scared to death. I want my dad. He's my protector," Jones said. "As I'm banging on the door, I say I need to get out of here. I need a phone. I need to contact my dad."
Jones got a phone from KBR employee Jamie Armstrong. The latter saw the Army give the rape kit to KBR. Jones called her father. Jones' father contacted Congressman Ted Poe. Jones was released and treated in the United States for her injuries.
Jones testimony, of her injuries, to the House Subcommittee on Crime, Terrorism and Homeland Security.
Dr. Schultz confirmed that I had been penetrated both vaginally and anally, and that I was "quite torn up down there." She indicated that based upon the physical damage to my genitalia, that it was apparent that I had been raped. She stated that she didn't know if I wanted to hear it or not, but I had "also been sexually assaulted anally." Dr. Schultz took photographs, and completed a form that indicated the bruising on my inner thighs and stomach, and on my wrists. She also took swabs, vaginal combings, and then put the entire kit together in a small, white box. I watched her give this box to the KBR security personnel as I was again turned over to these men.
The security guards then locked Jones in a trailer. Jones wasn't allowed to leave. Apparently, KBR considers being a rape victim a crime.
Great news: Jamie Leigh Jones is finally getting her day in court.
HOUSTON – Jury selection began Monday afternoon in the case of a Houston woman who says she was raped by co-workers in Iraq when she worked for KBR, a former subsidiary of Halliburton.
The suit was filed by Jamie Leigh Jones against Halliburton and its ex-subsidiary, KBR Inc. Jones says she was raped while working for KBR at Camp Hope, Baghdad, in 2005. KBR and Halliburton, both based in Houston, split in 2007.
Jones has fought for the past six years to get her day in court. She finally had that chance Monday, arriving at the courthouse early with her attorneys at her side.
Jones can only file a civil suit. The Bush administration and Congress placed contractors under State Department supervision. Military contractors are not under the Defense Department. Therefore the the military article code does not apply. That is why Blackwater has been able to break the law in Iraq. Attorney Scott Horton explained the legal failure of the policy.
(1) The Justice Department is effectively not present on the scene, does not have personnel deployed charged with conducting investigations, collecting evidence and making preliminary decisions as to whether incidents are suitable for prosecution. This would require a team of FBI agents with appropriate training, including access to forensic labs and personnel.
(2) The case when first alleged seems to have been treated as an issue related to administration of a contract, rather than a criminal justice matter, triggering only a State Department investigation. But the State Department does not have authority to conduct criminal inquiries or to bring charges.
(3) The Department of Defense was called upon to provide medical expertise, which was a reasonable step. But no guidelines appear to have been available as to how this was done. The alleged surrender of the rape kit by military medical personnel to Kellogg Brown & Root was grossly improper, producing a serious lapse in the chain of custody—and in this case, loss of evidence which cannot be reproduced. It reflects an attitude which I hear constantly when interviewing State Department and Defense Department personnel—namely, that the problem is the contractor’s. Of course, the contractor has an interest in performing its contract and maintaining a good relationship with the contracting agency. The contractor does not have any interest per se in law enforcement. It might well decide to terminate employees it believes are involved in a crime, but beyond that the contractor will, very appropriately, believe that the responsibility for law enforcement lies with law enforcement agencies.
Sadly, the Obama administration has done nothing to change the military contracting rules.
Compassionate Conservatism: U.S. Chamber of Commerce Edition
Raw Story reports the U.S. Chamber of Commerce sent out a mass email asking supporters to lobbying against Amendment 2588. The legislation forbids the Defense Department from doing business with any contractor that requires "employees or independent contractors sign mandatory arbitration clauses regarding certain claims. The amendment was written by Al Franken, in response to Jamie Leigh Jones being gang raped in Iraq. Jones was unable to take Halliburton and KBR to court. The
The U.S Chamber of Commerce email contained this myth.
Opponents of pre-dispute arbitration use anecdotes and a handful of narrow studies to claim that the arbitration system is broken and favors companies, but in fact arbitration is more likely to result in positive outcomes for consumers and employees. Individuals fare as well, if not better, in arbitration disputes than they would have in court. The National Workrights Institute found that employees were almost 20% more likely to win employment cases in arbitration than those litigated in court. Further, a study in California showed that consumers won 66% of arbitration disputes brought against businesses. Studies examining other types of consumer related arbitration show similar, if not better outcomes for consumers.
The Fifth Circuit Court ruled that Jones could take her case to court. Judge Rhesa Hawkins Barksdale found that arbitration allowed Halliburton and KBR to not hear Jones' claims.
Under these circumstances, the outer limits of the “related to” language of the arbitration provision have been tested, and breached. Halliburton/KBR essentially asks this court to read the arbitration provision so broadly as to encompass any claim related to Jones’ employer, or any incident that happened during her employment, but that is not the language of the contract. We do not hold that, as a matter of law, sexual-assault allegations can never “relate to” someone’s employment. For this action, however, Jones’ allegations do not “touch matters” related to her employment, let alone have a “significant relationship” to her employment contract.
Under arbitration, no claims can not be heard in court or allowed to be made public. Arbitration was made to protect corporations. If that was not the case , why would the Chamber of Commerce be so hellbent on revoking Franken's amendment?
Vitter Confronted On Voting Against Amendment 2588
Sen. Al Franken was the sponsor of Amendment 2588, of the Defense Department bill. The amendment would allow female defense contractor employees, that were sexually assaulted, to take their cases to civil courts. Companies such as Halliburton and KBR would be forbidden from doing business with the military, if they continued to force sexually assaulted women into arbitration. Jamie Leigh Jones is the inspiration for the Franken amendment.
David Vitter and 29 other Republicans voted against Amendment 2588. A woman, at a townhall meeting, asked Vitter how could he vote against the Franken amendment. The woman tells Vitter she is a rape victim. Vitter briefly talks to her without answering the question. A true profile in courage.
WOMAN: It meant everything to me that I was able to put the person who attacked me [behind bars]. And what allowed me to do that was our judicial process. I showed up in court every day to make sure that happen VITTER: And I'm absolutely supportive of any case like that being prosecuted criminally to the full extent of the law.
WOMAN: But there are rape victims who are being kept silent.
WOMAN: But how can you support [a law] that tells a rape victim that she does not have the right to defend herself?
VITTER: Ma'am The language in question did not say that in any way shape or form.
WOMAN: But it is unconstitutional to have a law that says a woman does not have a right to defend herself.
VITTER: You realize Mr. Obama was against that amendment that his administration was against that amendment
WOMAN: But I'm not asking Obama. I'm asking you.
VITTER: Do you think he's in favor in rape?
WOMAN: I'm asking you Senator. What if it was your daughter who was raped? Would you tell her to be quiet and take it? Would you tell your daughter to be silent?
Does Vitter think this woman cares if President Obama agrees with him? Vitter looks at the world through partisan lenses. He can't vote without his party leaders telling him what to do. Vitter already has an image problem with women. Voting against the Franken amendment was political suicide.
Obama has been sending mix signals on the Franken amendment. If Obama doesn't support the amendment he deserves to get shit from women. Vitter's argues that if Democrat supports his wrongheaded position then it's okay if he is wrong. No, that just means two people are on the wrong side of the issue. We see which side the White House is on.
Al Franken's Amendment 2588, to the Department of Defense Appropriations Act, passed 68 to 30. The amendment was written in tribute to Jamie Leigh Jones. She was drugged and raped by several men at Camp Hope, Baghdad, Iraq. The Defense Department would be forbidden from having contracts with companies that settled sexual assault and harassment cases in arbitration.
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.
Technically, Jones's former companies KBR and Halliburton were contracted under the State Department. At the time, CPA Order 17 gave contractors immunity from crimes committed in Iraq. The men that raped Jones had a free get out of jail ticket. Scott Horton explained how messed up the legal process was during his House Judiciary committee testimony.
(1) The Justice Department is effectively not present on the scene, does not have personnel deployed charged with conducting investigations, collecting evidence and making preliminary decisions as to whether incidents are suitable for prosecution. This would require a team of FBI agents with appropriate training, including access to forensic labs and personnel.
(2) The case when first alleged seems to have been treated as an issue related to administration of a contract, rather than a criminal justice matter, triggering only a State Department investigation. But the State Department does not have authority to conduct criminal inquiries or to bring charges.
(3) The Department of Defense was called upon to provide medical expertise, which was a reasonable step. But no guidelines appear to have been available as to how this was done. The alleged surrender of the rape kit by military medical personnel to Kellogg Brown & Root was grossly improper, producing a serious lapse in the chain of custody—and in this case, loss of evidence which cannot be reproduced. It reflects an attitude which I hear constantly when interviewing State Department and Defense Department personnel—namely, that the problem is the contractor’s. Of course, the contractor has an interest in performing its contract and maintaining a good relationship with the contracting agency. The contractor does not have any interest per se in law enforcement. It might well decide to terminate employees it believes are involved in a crime, but beyond that the contractor will, very appropriately, believe that the responsibility for law enforcement lies with law enforcement agencies.
Jones still has not had her day in court. The Franken amendment was a major moral victory for her.
Jones said the amendment's passage "means the world to me."
"It means that every tear shed to go public and repeat my story over and over again to make a difference for other women was worth it," she said. Jones testified about the alleged assault before Congress and other women employed by contractors have made similar allegations.
Rep. Jeff Sessions proved the GOP's true base is the business community. Sessions gave his reasoning for voting against the Franken amendment.
"The Congress should not be involved in writing or rewriting contracts," Sessions said.
The Franken amendment doesn't rewrite abitration contracts. It simply says the federal government will not do business with corporations that use arbitration to restrict employees from taking sexual assault cases to court. Sessions is placing the interests corporate profits above civil rights. Would he hold a female member member to the same standard as Jones. I don't buy it for a second. Does Sessions believe he his staking out a morally courageous stand for Halliburton's honor?
I blogged about how arbitration rules would make it extremely difficult for Jamie Leigh Jones to take KBR to court. Jones was gangraped in Iraq by fellow KBR contractors. The company contends they are not liable. The Fifth Curcuit Court has decided to hear the case.
KBR is making to tort argument that Jones signed away her right to take KBR and Halliburton to court.
From the contract Jones signed:
You understand that the Dispute Resolution Program requires, as its last step, that any and all claims that you might have against Employer related to your employment, including your termination, and any and all personal injury claim[s] arising in the workplace, you have against other parent or affiliate of Employer, must be submitted to binding arbitration instead of to the court system.
Facts about the case: the Equal Employment Opportunity Commission ruled Jones was sexually assaulted. Jones received medical treatment for injuries she received in Iraq. The State Department lost photographs and doctor's notes from Jones's rape kit. A lower court ruled Jones was falsely imprisoned by KBR employees. These facts are not in dispute.
Judge Rhesa Hawkins Barksdale came down hard against KBR/Halliburton.
Under these circumstances, the outer limits of the “related to” language of the arbitration provision have been tested, and breached. Halliburton/KBR essentially asks this court to read the arbitration provision so broadly as to encompass any claim related to Jones’ employer, or any incident that happened during her employment, but that is not the language of the contract. We do not hold that, as a matter of law, sexual-assault allegations can never “relate to” someone’s employment. For this action, however, Jones’ allegations do not “touch matters” related to her employment, let alone have a “significant relationship” to her employment contract.
Barksdale wrote that accusations of rape are too serious not to be heard in a court. Arbitration wasn't designed to protect rapists from lawsuits or criminal prosecution. The Fifth Circuit is essentially laughing the KBR/Halliburton argument out of court. The Fifth Circuit ruled Jones is bound to her contract. The Fifth Curcuit ruled only "employment-related claims" fall under arbitration. Jones' sexual assault falls outside the bounds of her contract. KBR/Halliburton argued that Jones's bedroom is considered her workplace. Jones did not sign a contract to get sexually harrassed and assaulted.
Tracy Barker fought to have her sexual assault case heard in court. She lost and was forced into arbitration. Jone's legal victory is significant for women that have been sexual assaulted by contractors. "This is wonderful news, not only for me but for those who have been bound into mandatory arbitrations," Jones told The Associated Press.
Stephanie Mencimer noted that Barksdale is a West Point graduate, Vietnam veteran and staunch conservative. Barksdale was the 2 to 1 swing vote in Jones's favor. The facts of the case are bad when Barksdale rules against a defense contractor.
Jamie Leigh Jones is finally getting justice. A KBR contractor David Charles Breda Jr. was been charged with sexual assault.
David Charles Breda Jr., 34, is accused of sexually assaulting a woman in October at Camp Al Asad, Iraq, where he was employed by a subsidiary of Houston-based military contractor KBR Inc.
Breda, who lived in the Houston suburb of Pearland before he left for Iraq, was arrested Thursday at a Houston-area barber college by agents from the Naval Criminal Investigative Service. A call to his attorney was not immediately returned.
The federal indictment returned Friday in Houston marks the latest allegation of sexual assault involving civilians working for contractors in Iraq.
Jones had to deal with the conservative blogosphere accusing of making up a story of being raped. It is shameful and and petty. Defending Halliburton and KBR became more important than the Republican stance of being tough on crime. This disgusting post at Flopping Aces is a perfect example.
I’m sorry, I don’t buy that at all. Why in the world would the Army hand over criminal evidence to the company involved in the crime?
Doesn’t make sense.
Then these evil men threatened her if she talked. Did they threaten her with death? A beating? You know, because they are evil and all I would expect that. But no, they threaten her with her job. They really thought that she would care about her job with a company that was involved in her rape?
But you do have a Congressman involved in getting her rescued so the believability index goes up a bit.
Benefit of the doubt goes to her…..for now.
The comments at Flopping Aces shows the cluelessness of the blog's readership. This factually inaccurate statement by ChrisG illustrates willful ignorance.
If the shipping container was not suspect, this really is. ANY positive rape result would go up SEVERAL chains of command instantly! KBR does not have “security officers” like some bad Hollywierd film and US Army CID would be all over this, as would NCIS, DOS Security, and EVERY other US Federal enforcement agency. KBR also would not be allowed to take the kit. These are marked and inventoried items. IF there was a breakdown in well documented accountability, “heads rolling” would be an understatement!!
Halliburton/KBR admitted to ABC News the Army doctor gave the rape kit to KBR security. Congressman Ted Poe had to call the State Department to remove Jones from the KBR facility.
Michelle Malkin called the coverage of Jones' case "Halliburton Derangement Syndrome." Malkin links to a post by Ted Frank.
People with legitimate claims usually don’t have lawyers trying so desperately to forum-shop that they file amateurish briefs like this, and Jones loses a ton of credibility with me over that.
I wonder if Frank still feels Jones' lacks credibility after the arrest of David Charles Breda Jr.
Update: I should make it clear it is not known what woman Breda is accused of sexually assaulting. Numerous American women have reportedly been raped by contractors. Breda is the first known contractor to be charged. All these conservative blogs that doubted Jones' story are not covering the Breda case. To the best of my knowledge no one has been charged in the Jones Case
Jamie Leigh Jones is taking Halliburton to arbitration. Jones served as a contractor for KBR/Halliburton at Camp Hope. She was drugged and raped by an unknown number of men. Jones' father called Rep. Ted Poe to rescue Jones from her own employers.
"We contacted the State Department first," Poe told ABCNews.com, "and told them of the urgency of rescuing an American citizen" -- from her American employer.
Poe says his office contacted the State Department, which quickly dispatched agents from the U.S. Embassy in Baghdad to Jones' camp, where they rescued her from the container.
Jones' contract forbids her from suing Halliburton or KBR in court. State Department rules, during the Bush administration, exempts contractors from being prosecuted of crimes committed in Iraq.
Jones was recently interviewed by on All Things Considered how Halliburton is using arbitration. The difficulty with arbitration is employees rarely win against their employers. Information about the rulings is not made public. Arbitration was designed to protect corporations. The little guy doesn't even enter into the equation.
Arbitration is a closed, private process, often with little or no written record. But one state, California, changed its law to require that arbitration results be publicly recorded. Public Citizen staff reviewed 34,000 California cases, and Arkush says the results speak volumes.
"Overall, consumers lost 94 percent of the time," he says.
The arbitration industry disputes that number. But it does not disagree that corporations win more of the time. The disagreement is about whether this is evidence of bias or a reflection that corporations bring stronger cases.
Mike Kelly, spokesman for the National Arbitration Forum — one of the country's largest arbitration firms — says it's the latter.
"You're not going to bring a case that you're going to lose," he says. "Frankly, you're not going to bring a case that you think you have a chance to lose."
A judge ruled Jones is allowed to take her case to court. There are many other female contracters that have been sexually assaulted. Their legal options are less certain.
"Unfortunately, my case is not an isolated incident," she said Tuesday. "With the misuse of arbitration, we have made corporate entities in this country above the law."
Rep. Hank Johnson is sponsoring the Arbitration Fairness Act of 2009. Jones has endorsed the bill. Russ Feingold has introduced an arbitration reform bill in the Senate.
Jones spoke in Washington for the Abitration Fairness Act.
“The laws that were created under FISA were sufficient to meet our country’s national security needs. What the Bush administration has done, again, is present Americans with a false choice between national security and civil liberties, while this bill increases neither. I oppose any broad retroactive immunity provided to companies who may have broken the law. The legal purpose of immunity is to use the protection granted by such immunity as an inducement to divulge information about what occurred. Immunity in this case would do the opposite: it would shut down any investigation into what actually occurred. “
Tough-talking rhetoric is fine. If words matched deeds then Joe Biden would be the Democratic nominee.
Given companies immunity from prosecution has already proven to be a stupid idea. KBR can not be prosecuted for crimes on Iraq soil. Jamie Leigh Jones was gang raped and can not take the perpetrators to criminal court. Many other women have been sexually abused in Iraq because Congress approved not allowing contractor to be prosecuted.
The State Department granted Blackwater security members immunity after the killing of Iraqi civilians. The FBI's investigation was destroyed. No Blackwater member would talk to federal investigators. They all cited their immunity deals.
Congress gave the Bush White House a blank check to allow their corporate allies to commit more crimes. Silly Blue Dog Democrats never learn. The question is has Joe Garcia learned that fundamental lesson?
Jamie Leigh Jones Wins the Suzanne McDaniel Public Awareness Award
Former KBR employee Jamie Leigh Jones is the winner of the Suzanne McDaniel Public Awareness Award. Jones won the award for going public about being raped by fellow KBR employees in Iraq. The media attention helped other women come forward. The horror stories of women being sexually assaulted and harassed revealed a widespread problem.
The award is given by Congress.
Rep. Ted Poe, R-Humble, commended former KBR employee Jamie Leigh Jones on Wednesday for going public about an alleged gang rape by colleagues shortly after she arrived in Baghdad to work for the Pentagon's largest military contractor. At a ceremony on Capitol Hill, Jones, 23, received the Suzanne McDaniel Public Awareness Award, named after one of the first prosecutor-based victim advocates in Texas.
Poe, the co-chairman of Congress' Victim's Rights Caucus, helped bring Jones back to the United States after the alleged attack in 2005, following a telephone alert from her father.
The sexual attacks on women have continued after Jones went public in December. Dawn Leamon was anally raped was forced to have oral sex with two men. Incidents like this continue because the Bush administration has no interest in changing the laws governing contractors in Iraq. No contractor serving in Iraq can be prosecuted for a crime. The State Department even went as far as granting immunity to Blackwater personal involved in the shooting incident that killed 17 Iraqi civilians.
Senator Bill Nelson has pressed the White House to prosecute the men involved in the attacks.
``The bottom line,’’ he says, ``is that American women working in Iraq and Afghanistan continue to be assaulted while their assailants continue to go free.”
It is interesting to note that the Department of Justice has thousands of lawyers," said Poe. "But not one from the barrage of attorneys is here to tell us what, if anything, they are doing. Their absence and silence speaks volumes about the hidden crimes of Iraq."
All I can think is that if this is the horrible stuff they can get away with doing to female coworkers, imagine what U.S. military contractors have done to Iraqi women. Frankly, it's horrifying.
A young female college student told President Bush, she asked Sec. of Defense Donald Rumsfeld what laws govern American contractors in Iraq. She informed the President that Rumsfeld did not know. Bush laughed and informed the woman he was also clueless. The video shows Bush's willful arrogance.
According to the Jamie Leigh Jones Foundation, 38 American woman have experienced sexual assault and harassment from fellow contractors. Jones told Congress, "Victims of crime perpetrated by employees of taxpayer-funded government contracts in Iraq deserve the same standard of treatment and protection governed by the same laws whether they are working in the U.S. or abroad." The State Department failed to ask the Justice Department to investigate Jones's allegations that she was gang raped. Sec. of State Condoleezza Rice missed Bill Nelson's deadline to respond to allegation of female contractors sexually assaulted. Last year, the Justice Department refused to send a representative to the House Judiciary Committee hearing on the matter. The Bush administration is stonewalling.
The Pentagon has refused to provide Nelson with information on how many rape examinations were performed by military doctors. The Criminal Investigation Command of the Army informed Nelson, 124 sexual assaults have been documented. Contractors fall under the State Department's jurisdiction. The Dep. of State has investigated only four sexual assaults.
Former KBR employee Mary Beth Kineston said, "I felt safer on the convoys with the Army than I ever did working for KBR." Kineston was fired after complaining about being physically groped. "At least if you got in trouble on a convoy, you could radio the Army and they would come and help you out. But when I complained to KBR, they didn’t do anything. I still have nightmares. They changed my life forever, and they got away with it."
Pamela Jones experienced similar threats.
Pamela Jones, of Texas, a KBR logistics coordinator in Kuwait in 2003 and 2004, was sexually assaulted by a supervisor. “It was known that if you started complaining that you could lose your job,” said Ms. Jones, who added that she reported it to management. “They give you an 800 number to report. But then they shoved it under the rug, and they told me I was a pest.”
Jamie Leigh Jones and Tracy Barker signed employment contracts that do not allow them to file civil suits against their former companies in court.
Jones didn't know much about arbitration when she signed the contract and was shocked to learn what she had done.
"I learned that I had signed away my right to a trial by jury," she said.
Republican Congressman Bill Poe voiced his disapproval of the employment agreements.
"Air things out in a public forum of a courtroom," said Rep. Poe in an earlier interview with ABC News. "That's why we have courts in the United States."
Bush's ignorance and arrogance is dangerous. The President literally considers laws over contractors are laughing matter. Iraq is a dangerous place to work because of the insugency. Bush makes matters worse by allowing a lawless environment for women to work in. The moral abyss America government has become because of the Bushies will take years to change. Why else would the administration make contractor immune from prosecution?
Yesterday, Jamie Leigh Jones testifying before U.S. House of Representatives Committee on Education and Labor Subcommittee on Health, Employment, Labor, and Pensions.
Jill Filipovic posted a letter from Louise Slaughter's office. Zac Petkanas, Slaughter's Director of Internet Communications, is asking bloggers to put pressure on Congress and the White House to investigate the accusations leveled by Jones against KBR.
Dear Friends,
I need your help.
Two years ago, 20 year old Jamie Leigh Jones was drugged, assaulted, and viciously gang raped on the job by her fellow coworkers. Learning of the attack, her employers placed her under armed guard in a shipping container for 24 hours without access to food or water.
Two years later, these horrific acts of unspeakable violence, as well as, the unbelievable reaction by her employers have gone unpunished and justice has not been served.
Why? How this could this happen? Because the 20 year old victim was a government contractor at KBR in the Green Zone in Baghdad, Iraq.
Jamie Leigh Jones, an American citizen, while employed by KBR, a former subsidiary of Halliburton was brutally gang raped by fellow KBR employees two years ago while stationed in Iraq. Army doctors performed a medical examination which showed that she had been raped both anally and vaginally. However, the rape kit was turned over to KBR and portions of the rape kit have vanished. Jamie was then ordered by her KBR employers to remain in a shipping container under armed guard for 24 hours without access to food or water until she was rescued after her Member of Congress demanded action by the State Department.
After two years, not only has the Justice Department not brought any criminal charges, but ABC News recently reported that they could not confirm that any federal agency was investigating the case at all.
There are over 20,000 Americans employed by US government contractors in Iraq. These individuals have the same right to treatment, services, and proper investigations when they are the victims of violent crime as those of us here at home. Their offenders, who are paid with American taxpayer dollar, should be held accountable.
Since Jamie has gone public with her story, it is clear that this is not an isolated incident; many women working for US Government contractors face sexual assault and harassment. Yet, the perpetrators of these violent crimes are not held accountable and justice is not served.
The current state of affairs is absolutely unacceptable. Action is required.
This is where I need your help.
I, along with Congressman Ted Poe and Congresswoman Jan Schakowsky, am taking the first step to ensuring accountability by sending letters to Secretary of Defense Robert Gates and Secretary of State Condoleezza Rice demanding answers in the KBR rape cases and asking them to clearly define the steps they are taking to ensure that what happened to Jamie will ever happen again.
I need your help to get your Member of Congress to sign on to these letters. It’s been two years and it is obvious that the Departments of Defense and State are not taking this issue seriously. We need to show them that the House of Representatives demands action.
Please call your Member of Congress as soon as possible and ask them to contact me, Louise M. Slaughter, to sign on to the letters to Secretary of Defense Robert Gates and Secretary of State Condoleezza Rice demanding answers about the KBR rape cases and how they plan to prevent these occurrences in the future.
With your help, we can take the first step to preventing what happened to Jamie from ever happening again.
In solidarity,
Louise M. Slaughter
Member of Congress
Here is contact information for the Florida Congressional delegation.
Miller, Jeff; Florida, 1st Phone: 866-367-1614 Email link
The Pentagon's Inspector General Claude Kicklighter will not investigate the Jamie Leigh Jones case. The reasoning is that the Justice Department is investigating the Jones' allegations she was rape Kellogg Brown and Root employees. Kicklighter's explanation defies logic. The Justice Department has decided long ago not to press charges against KBR.
The Pentagon can not press charges against KBR. Contractors are under State Department supervision. Congress made all State Department contractors excempt from military prosecution. The Bush administration could place contractors under Defense Department management. That would make KBR liable under military law. The administration has shown no desire to change contractor control.
Senator Bill Nelson told ABC News he is "not satisfied" Kicklighter's response.
The Inspector General will investigate the confusing matter of what happened to the rape kit.
In a separate letter, Kicklighter's office said that the State Department had said its security officials had Jones' rape kit in their possession at one point.
The State Department's Bureau of Diplomatic Security told Kicklighter "evidence in the rape kit was collected by a U.S. Army doctor and was later provided to [the Bureau of Diplomatic Security]," the IG's office wrote to Sen. Daniel Akaka, D-Alaska, who had asked about Jones' case.
An Army spokesman referred questions about the rape kit to the State Department, which declined to provide new information on the case.
Jones lawyer, Todd Kelly, has yet to examine the rape kit. Former KBR employee Jamie Armstrong told ABC News that an Army doctor gave the rape kit to Halliburton/KBR security personnel. Jones has been vocal about her mistreatment at the hands of Armstrong, when Jones was recovering from her sexual assault in the KBR crate. Armstrong and Jones can hardly be considered pals, which makes Armstrong's statement more damning.
The Inspector General will investigate why the rape kit was turned over to KBR/Halliburton security. Kicklighter is attempting to determine how many more rape kits for given to private contractor security teams. KBR has admitted they had the kit in their posession.
Officials for Houston-based KBR have said the kit was handed over to a company security coordinator and placed in a safe until investigators from the State Department's Bureau of Diplomatic Security — the department's law enforcement arm — arrived three hours later.
Jones testified that she spoke earlier this year with a special agent from the bureau, who was unaware of the rape kit's existence. Eventually, the agent found the kit, but the photographs and doctor's notes were missing, Jones said.
The kit was eventually handed over to the State Department. The kit was handed over to the Justice Department. The State Department did not request the DoJ to prosecute. Now the Justice Department is telling the media they are investigating the case. Even though they can't be bothered to respond to Senator Nelson on the progress of the investigation. The Defense and State Departments refuse to tell Nelson how rapes of female contractors have been reported in Iraq.
Conpassionate Conservatism: Bushies Say Go Pound Sand To KBR Victims
Senator Bill Nelson sent letters to Sec. of State Condoleezza Rice and Attorney General Michael Mukasey about new rape allegations against Kellogg Brown and Root. KBR has come under intense scrutiny after Jamie Leigh Jones went public about her rape. Nelson's website states that a Tampa, Florida woman and two Houston, Texas women have accused KBR employees of raping them. Nelson wrote letters to Rice and Mukasey asked what investigations have the State Department and the Pentagon done. He has yet to receive a response.
Nelson gave Rice a Dec. 21 deadline to respond. Rice missed the deadline and didn't even bother asking for and extention. That takes serious Chutzpah, even more shameless was a State Department spokesman's spin: "If the senator has asked questions, I’m quite sure we will provide answers. But it’s not something I could discuss with you." Or with Nelson.
The only course of action is issuing subpoenas. Nelson is better known for taking his own party to court than standing up to the Bush administration.
The Justice Department has already decided not to press charges in the Jones case. All American citizens in Iraqare exempt from prosecution. A Blackwater contractor literally got away with murdering the bodyguard of Iraqi Vice President Adel Abdul Mehdi. It is unlikely the State Department, DoJ and Pentagon will budge an inch for the new women whom came forward. What makes matters worse is that the story is fading from the political landscape. It is hard to force the Bush administration to move contractors under the Department of Defense (which would make contractor liable under military law) and retroactively change the State Department's Iraq contracting law if there is no outrage from the public.
Proof that the Bush administration doesn't care about the allegations of rape and sexual harassment against Iraq contractor Kellogg Brown and Root, the Justice Department did not send a representitive to the House Judiciary Committee hearings.
"I'm embarrassed that the Department of Justice can't even come forward," said the chairman of the House Judiciary Committee John Conyers, D-Mich.
"This is an absolute disgrace," said Conyers. "The least we could do is have people from the Department of Justice and the Defense over here talking about how we're going to straighten out the system right away."
Jamie Leigh Jones testified in front of the committee and reports widespread abuse from KBR employees.
"The problem goes way beyond just me. Through the Jamie Leigh Foundation, numerous other people have contacted me who have been assaulted and raped, then retaliated against for reporting those attacks," Jones said.
Congressman Ted Poe testified before the committee. Poe testified that Jones is not the only victim.
"Since Jamie has gone public with her experience, my office has heard from 3 other women. Of course, my office will furnish the names of these women to the Judiciary Committee if needed."
The reason Halliburton is named in the lawsuit is because the company will not let Jones take the men who attacked her to court. Jones signed an arbitration agreement, Halliburton can not allow her case to be heard in a public court. Halliburton would rather be sued and face negative publicity than have the case go public.
The House Judiciary Committee hearing "Enforcement of Federal Criminal Law to Protect Americans Working for U.S. Contractors in Iraq" will start tomorrow at 10:15 AM. Jamie Leigh Jones will testify.
In related news: former KBR employee Linda Lindsey says she experienced sexual harassment.
In a sworn affidavit for the Jones case, Lindsey said: “I saw rampant sexual harassment and discrimination.” […]
Her affidavit also said: “When anyone would report an incident of abuse or harassment, they would be threatened with a transfer to a more dangerous location.”
A few thoughts: so many women are coming out and telling their horror stories of at the hands of Kellogg Brown and Root. The more KBR denies there is a problem the deeper the hole they dig. This isn't a vast liberal conspiracy. There is a problem that needs to be addressed.
Jones's lawyer, Todd Kelly, told CNN that KBR has not released the evidence from the rape kit. My understanding is they are not sharing the evidence with Kelly. The plaintiff and defense are suppose to share evidence. Kelly will have to subpoena the contents of the rape kit, which may be useless by now.
Before this is all over, KBR is going to pay millions out to former female employees. By then, KBR will just want the controversy and legal problems to go away.
The question is why is the Bush administration hellbent on protecting contractors such as KBR and Blackwater. These contractors aren't proving that privatization works or helping the PR effort for the war. The White House is hurting themselves by enabling these contractors. Stupidity and blind callousness are the only logical reasons for the Bushies behavior.
"Then I don't remember anything at all after that. I woke up naked, I was bruised. And then when I sat on the toilet, that's when I realized my inner thighs were very bruised and I was bleeding pretty bad. And then I knew I had been raped."
The Justice Department told Jones's lawyer her case is closed because they dis not have jurisdiction.
Tracy Barker tells Brian Ross she was locked up for three days for trying to call the KBR hotline. Barker endured constant sexual harassment. Her superior repeatly asjed her to have sex with him.
Barker accuses State Department official Ali Mokhtare of attempting to rape her in Iraq. The Justice Department refuses to investigate and Mokhtare is still employed with the State Separtment.
There is now a Facebook group to support Jamie Leigh Jones. 2,000,000 Facebook users joined the Facebook group supporting Stephen Colbert's bogus campaign. I like to see that many join for greater cause.
