
Sen. Al Franken's (D-MN) "rape amendment," which guarantees that rape victims who work for defense contractors can pursue charges against their employers, has been championed by many but opposed by Obama's Department of Defense. The Pentagon initially called the measure unenforceable. But the provision, part of the defense appropriations bill, made it through conference committee and is now supported by the White House.
So what changed?
A senior administration official explains to TPM: The White House was concerned about the original language, which would have prohibited the DoD from using companies whose employment contracts contained an "arbitration clause," which would keep employees from taking the company to court for Title VII offenses, which include rape, sexual assault, harassment and false imprisonment. That language, the official said, may have forced the government to reneg on multi-billion-dollar contracts. Because of a clause in many of those contracts, the government would still have to pay the contractors, even though the work wouldn't be performed.
Another concern: The Pentagon deals with a massive number of contracts and would never be able to make sure the arbitration clauses were stripped in all those contracts.
So White House staff, after a week or so perusing contract and grant law, came up with a "clever construct," the official said. The contractors, in order to stay in the lucrative government contract business, don't have to remove the arbitration clauses. But they can't enforce them.
If it works the way the administration tells us, this is good news for Jamie Leigh Jones, the woman who inspired Franken's amendment. While working for KBR in Iraq, Jones was allegedly drugged, gang-raped and locked in a storage container by her co-workers. She's been fighting, unsuccessfully, to bring her case to court because of the abritration clause in the contract she signed.
It's good news for her even though the new restriction will not be retroactive per se, and even though it doesn't go into effect until 60 days after the President signs the appropriations bill.
But it will affect any company, such as KBR, once it signs a new contract. (And the major contractors sign a lot of contracts.) Here's the real bite to the restriction: It will affect the entire company, and everyone who works for it.
So the second KBR signs a new contract, Jones -- and anyone else with similar claims -- will be able to take her case to court. If KBR tries to enforce their arbitration clause, they could lose millions in future government contracts.
Of course, there is a national security waiver. The secretary of defense can waive the restriction if, say, a contractor is the only one who can provide a certain service or product. But the secretary would have to explain, in detail, why no one else could fulfill the contract. And, according to the official, that explanation would be posted online, in public view. (The idea here being that another company who makes the same product could step forward.)
And the amendment will only apply to companies with contracts worth $1 million or more -- but that will include most contractors.
If the amendment works the way the White House says, it will do what Franken wanted: Give rape victims their day in court.
The appropriations bill still needs to be approved by the Senate, where Republicans are threatening to filibuster in an attempt to stall health care legislation. But it is expected, eventually, to pass, and to be signed by the President.
Aunt Sam
December 18, 2009 11:59 PM
This whole thing makes me gag. Will someone please explain to me how a private company or any entity can put forth language in any contract that holds them and their 'agents' (any staff) from being prosecuted for any crime that is in violation of any federal and/or state law?
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The Commenter Formerly Known as NCSteve
December 19, 2009 9:35 AM in reply to Aunt Sam
They can't be prosecuted for crimes because the crimes weren't committed within the jurisdiction of the United States, were specifically exempted from Iraqi jurisdiction by the Status of Forces agreeent and yet somehow the Republicans and Bushies failed to subject them to military control or pass a law subjecting them to U.S. civilian criminal jurisdiction. Didn't want any uppity wogs thretenin' white men with consequences for their actions, you see.
As to the inability to get civil tort cases for assault, battery and false imprisonment heard in court, which is what this is about, not criminal cases, it's because of the Federal Aribitration Act. 9 U.S.C. § 1-14. Passed in 1925.
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Aunt Sam
December 19, 2009 11:15 AM in reply to The Commenter Formerly Known as NCSteve
Thanks for facts. Really horrific and just sick and wrong!
Any thoughts on what more We, the People can do to ensure this travesty is no more?
(Appreciate Steve, Happy Holidays to you and yours!)
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Egypt Steve
December 19, 2009 1:01 PM in reply to Aunt Sam
There were always two other paths that could have been taken.
(1) The rapists could have been prosecuted as war criminals. Or
(2), my favorite: on theory that no law applied to the contractors, the US could have hired outside "judicial contractors" who could have abducted, tried, and executed the rapists. Those "judicial contractors" would have been immune from any prosecution themselves, and could have been used in this way any time normal contractors committed acts that, in the conventional world, would have been quaintly labeled "crimes." If the "judicial contractors" ever got out of hand, we could have hired "extra-judicial contractors" to take care of them, and so on ...
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elsiegel
December 19, 2009 2:34 PM in reply to Egypt Steve
OMG! We're all Ferenghi now!
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Dave Adams
December 20, 2009 3:25 AM in reply to Egypt Steve
In the spirit of this holiday season, I'd like to suggest that the government enforce a "Sanity Clause" in these contacts.
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Jaycal
December 20, 2009 5:57 PM in reply to Dave Adams
I can't believe I started reading the comments on this post... I think I'm gonna' be sick.
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Dave Adams
December 21, 2009 2:19 AM in reply to Jaycal
Relax Jaycal, everyone knows there ain't no Sanity Clause.
(cymbal crash)
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bushwhacked
December 20, 2009 12:15 PM in reply to Aunt Sam
It sure would be rewarding to have photographs of the rapists published. Perhaps the rapists could be shown with an arm around mom and dad, or a nice family photo of rapist with the wife and kids.
Some nice photos of the rapist and all of the republican senators who voted to condone rape. I have to wonder if there is a web site somewhere that is shedding more light on these horrific acts and those involved.
Who were the rapists, where do they live, and what do they look like? What kind of a family produced them?
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tamiasmin
December 20, 2009 2:00 PM in reply to bushwhacked
And even more important, who's getting raped by them now?
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Realist
December 20, 2009 6:03 PM in reply to The Commenter Formerly Known as NCSteve
"They can't be prosecuted for crimes because the crimes weren't committed within the jurisdiction of the United States."
Oh, really. Just tell me how many of the prisoners who have languished at Gitmo for upwards of eight years "committed crimes within the jurisdiction of the United States."
Hmm? How many?
Cut the legalistic crap and wake up to reality. Neither KBR, nor any other mega-buck corporation, has to worry about prosecution for ANY crime ANYWHERE. The only people who get shoved around by the law are real people. Artificial people -- the meaning of incorporation -- like KBR are above the law. They were during the Bush administration and they are during Obama's.
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Dorn76
December 21, 2009 11:25 AM in reply to Realist
Umm, he was stating the legal reality, not agreeing with it.
You're soapbox is misplaced here, methinks.
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Dorn76
December 21, 2009 11:25 AM in reply to Dorn76
Apologies for grammar failure. "Your soapbox".
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brandon
December 19, 2009 11:54 AM in reply to Aunt Sam
one only needs to look at who owns kbr and when they got into gov contracts the answer is lbj and in the 60's lady bird is still majority stock holder
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kenga
December 20, 2009 12:45 PM in reply to brandon
Yeah, dude - Lady Bird Johnson died in 2007.
And LBJ Holdings was her gig - started with her inheritance. There was some question about
some broadcast interests controlled by LBJH and LBJ's influence on the FCC. The Wikipedia article mentions LBJ's involvement with Brown & Root and military contracting, as well as financing his early campaigns. But not Kellogg - though the article doesn't actually mention when Brown and Root were merged(by Halliburton) with B & R.
I notice you neglect to mention KBR's more recent involvement with another person who worked at the White House in several capacities since the 80s - and was also for a majority of that period, was CEO of Halliburton, which wholly owned KBR until some 2 years following the alleged rape that has been the motivation for the amendment proposed by Senator Franken we're discussing. There has been some question of the propriety of Cheney's continued involvement in Halliburton even while it was receiving billions in no-bid government contracts.
Do you suppose distant history is more relevant to this, than recent history?
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Cal Gal
December 20, 2009 2:54 PM in reply to kenga
"Do you suppose distant history is more relevant to this, than recent history?"
Of course not. IOKIYAR, and there is no one more R than the Dark Lord Cheney.
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eztempo
December 20, 2009 1:08 AM in reply to Aunt Sam
This applies to civil suits, not criminal prosecution.
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Walter Mitty
December 19, 2009 12:30 AM
Cloture was voted on last night, the bill will be voted on tomorrow morning, only needing 51 votes. There will be a procedural measure to follow it that will need 60 votes and Lieberscum is out of town, but he was promised by both sides that his vote wouldn't be needed - signaling that there would be cross over cloture votes. Snowe, Collins, Hutchison all voted for cloture along with all 60 Dems.
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bheartlib
December 19, 2009 12:41 AM
I think...but, I am not an attorney...that is precisely what the arbitration clause said. All disputes, no matter what they consisted of..up to and including criminal actions..were subject to arbitration. That is why Jamie has not had her day in court. It is a shameful, horrible thing for a young woman to go through. She is brave beyond words. She has testified before Congress, and Al Franken is a Knight In Shining Armour. This must be corrected, right now, and the repubs who voted against it should be called out for the scum that they are. They voted for rape. Plain and simple. Pigs. Sorry, pigs.
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AJM
December 20, 2009 12:41 AM in reply to bheartlib
Wonder if Jamie would have purchased an insurance rider for abortion coverage or not.
Frankly, I think Obama and company caved on this only after they saw the flack the Republicans were getting on this and after the realized that they were going to be in enough trouble with women when they betrayed choice.
Anybody think that this is an accident that they are trying to get this done before Christmas while everyone is busy?
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calchala
December 19, 2009 12:44 AM
So wait... The Republicans will vote against this TWICE????
Are they stupid?
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JEP07
December 19, 2009 9:35 AM in reply to calchala
Yup.
But moreso, they are prejudiced, not racially but ideologically.
They really don't know why, it is the kind of prejudice that seethes beneath their fake smiles and inhabits the darker recesses of their constantly meandering minds.
Like some sort of mob of movie zombies, they stumble from one partisan posture to another, opposing anything and everything just because they CAN.
If only the public was more aware of their misguided motives, they might boost them from office in the next election.
But with the media hungry for public expressions of hatred and bitter feuding between Americans (it keeps the ratings "Yang" up) the public will never hear the real story, only petty provocations promoted solely for the sake of selling advertising..
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Cal Gal
December 20, 2009 2:58 PM in reply to JEP07
Um, money, money, money. Um, money, money, money. A mark, a yen, a buck or a pound. It's all that makes the world go around. It makes the world go rooouuunnnd.
Favorite song of the Greedy Old Plutocrats.
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mcrose68
December 19, 2009 12:47 AM
I'm not an attorney, but my layman's understanding is that civil proceedings are separate from criminal procedings; So in answer your question :
An employment contract CAN NOT hold the company or it's agents above federal or state's laws.
But there is no law requiring an rape victim to sue their attacker - so an individual can sign away this right. Although just because a person signs away the right to sue their rapist, that does not prevent the Attorney General from perusing criminal charges against the alleged rapists.
The amendment is saying we don't want to give our tax dollars to people who need protection from consequences for raping their co-workers. Something that seems entirely reasonable to everyone but Dick Cheney and KBR.
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Eric Jaffa
December 19, 2009 1:03 AM in reply to mcrose68
Whether-or-not a person can sign away the right to sue for rape is an issue the courts are reviewing.
The court in Jamie Leigh Jones case determined that a person can't sign away that right, but the ruling only applies to some of the US, where that court has jurisdiction.
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Elizabeth2
December 20, 2009 5:10 AM in reply to Eric Jaffa
A civil action for money damages brought by the injured person against the one who injured them is something that is waived -- or moved to arbitration -- by many, many contracts of all sorts. There simply is no constitutional right to sue someone for money damages, whether or not the harmful action constitutes a crime. The government prosecutes crimes (or doesn't); the injured party brings civil damages actions. The only connection is that sometimes the same harmful act can give rise to both criminal prosecution and a civil action brought by the injured party.
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Cal Gal
December 20, 2009 3:03 PM in reply to Elizabeth2
There are also court cases in which an arbitration clause has been nullified, and I'm thinking this one would be a perfect situation for such a nullification.
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Elizabeth2
December 20, 2009 9:57 PM in reply to Cal Gal
That's what the Franken amendment does, in effect, isn't it? And certainly by statute legislatures can create - and do away with - private rights of action. I'd be interested in any cites you have to instances where a court has nullified an arbitration clause. Not doubting at all that you're correct - I'm just not aware of them and puzzling over the basis. I can see it in some consumer situations, where bargaining power is so uneven ... It's harder to picture it happening with an employment contract, but that may be just my lack of imagination.
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Eric Jaffa
December 19, 2009 1:16 AM
After a company become ineligible for federal funds because it enforced such a mandatory arbitration clause, how much time would pass before it became eligible, again?
One day? Ten years?
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Former Federal Employee
December 19, 2009 12:32 PM in reply to Eric Jaffa
Presumably until they could vouch for the absence of such a provision in all of their employment contracts, whether it took a minute or a thousand years.
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mamiller
December 19, 2009 1:28 AM
Can you explain why everyone is on board with cutting ACORN's federal funding after a sad lapse in judgement on the part of two employees about a (highly edited tape of) advice on a financial transaction, but removing federal funding from contractors who support rape is controversial? I think progressives have really lost their way on controlling the dialogue. I want my country back.
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Richardxx
December 19, 2009 8:39 AM in reply to mamiller
Who says everyone is on board with cutting ACORN's federal funding? Republicans hate ACORN because that organization makes their voter suppression efforts more difficult. They love Defense contractors because ... well they love defense contractors.
But for Democrats in Congress trying to get something done over Republican obstructionism, it becomes a question of choosing which battles to fight. Other things may well have higher priority than ACORN funding. That may have led to decisions to let the courts handle the issue.
You're right that the progressives don't have control of the dialogue, though. Have they ever? I think that's a really important question.
My guess is that progressives haven't figured out how to deal with the sophistry of Republicans who focus entirely on message to the exclusion of actual governance. How does someone actually interested in governance work against someone prepared to stop everything he does and who has no interest in governance? The Republicans have had a total focus on message and dialogue, and Bush even pretended to govern in sound-bites.
The result we can see. The worst problems that are occurring at present all were things the Republicans let build up and failed to deal with because of atmospherics and ideology. War, economics, health care, etc. Right now the Republicans want power back, so they will defeat every major effort at governance while offering nothing to America. Their power is the only thing that matters. Trying to govern around that clearly is extremely difficult.
You can see an example of the problem by reading the Republican proposals to restructure the failed health care system. You can find it in the Goodrich blimp. (An old joke.)
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JEP07
December 19, 2009 9:44 AM in reply to mamiller
"I think progressives have really lost their way on controlling the dialogue."
When have progressives EVER controlled the dialogue? If we did, we wouldn't be in this mess, we would never have allowed the greedy rich to abdicate their moral obligations under Bush's tax cuts.
Until progressives own a media outlet (Air America tries, but unfortunately faces a daunting opposition within it's own industry) we have no voice but the rare Rachels and Keiths.
Progressives have NEVER controlled the dialog because the voice of that dialog, our mainstream media, is wholly owned by a cabal of anti-progressives whose ultimate goal is to stifle all social progress and see our nation revert to a 19th Century industrial empire, nmanaged by book-cooking CEO's from Wall Street's sleaziest quarters.
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NobleCommentDecider
December 19, 2009 10:15 AM in reply to JEP07
Ain't it the truth!
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JEP07
December 19, 2009 11:39 AM in reply to NobleCommentDecider
The War on Progress is real, and it is being waged by the greedy rich (as opposed to the enlightened rich)and anyone who thinks "they" aren't in a constant conspiracy to protect their status-quo is naive, or desperately wants to be one of "them."
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Cal Gal
December 20, 2009 3:05 PM in reply to JEP07
Sadly true.
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brandon
December 19, 2009 12:13 PM in reply to JEP07
your right you have no voice keith a nd rachel have no viewers
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JEP07
December 19, 2009 6:59 PM in reply to brandon
no, yore wrong...
why is it most of Kieth and Rachel's critics don;t know the difference between you're and your, their, they're and there?
Prop 13? No, that's just California dunderheads.
Three chiers for ejucation tax cuts!!!
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ProudPrimate
December 19, 2009 7:23 PM in reply to JEP07
I think of it in terms of a house: building one requires vast amounts of material and labor to be supplied from without. Burning one requires only a match, because the house supplies the fuel.
Again, the story of "death in the pot" (II Kings 4:38 &ff), how Elisha heals a pot of soup poisoned inadvertantly with gourds, heals it with meal:
But of course, in reality, the amount of good necessary to dilute such evil is vast, not so handy as this simplistic fairy tale. We who wish to build, to heal, to elevate, require vast numbers. They who wish to tear down, to poison, to abase (and let me not neglect "to plunder", since that is their chief goal), require only a few of their kind.
So we are at a disadvantage.
That and the fact that half the world is crazy and the other half retarded; so it's hard to organize a sane society.
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CranialRectalLoopback
December 19, 2009 1:35 AM
The important thing is that if the rape victim becomes pregnant, no government money, or personal money, will be permitted to be used if the victim seeks to terminate the pregnancy. See, in GOD'S AMERICA, it's ok to use tax dollars to rape women, but not to terminate the possibly ensuing pregnancy.
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Seafarer
December 19, 2009 4:16 AM
This should be expanded to a full law that NO company can include contractual language that can reduce anyone's legal rights to 'sue'.
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Seafarer
December 19, 2009 4:16 AM in reply to Seafarer
In criminal matters, anyway.
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par4
December 19, 2009 7:37 AM
Shakespear had it right; First, kill all the lawyers.
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JEP07
December 19, 2009 9:49 AM in reply to par4
Our only line of defense against this kind of employee abuse is lawyers.
Without trial lawyers, every legal contract would have a "get out of jail free" clause attached to it, and another clause that pays them whether they finish the work or not.
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Whenwillthisnightmareend
December 19, 2009 8:58 AM
GOP: The party of RAPISTS. Sounds good; they need every vote they can get.
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JEP07
December 19, 2009 9:27 AM
"That language, the official said, may have forced the government to reneg on multi-billion-dollar contracts. Because of a clause in many of those contracts, the government would still have to pay the contractors, even though the work wouldn't be performed."
Because of a clause in many of those contracts????
Change the clause! P{ass a law that says any contractor who gets cut off for malfeasance of this kind CAN'T receive federal funds!
Who wrote that clause in the first place? It sure wasn't a watchdog, so it must have been a lapdog.
We need ANOTHER law that requires these "clauses" to be reviewed by a public-interest panel to discern just how perniciously protective of foul-play they might be.
Think about it; There's actually a clause in our military contracts that guarantees pay to miscreant companies who are booted from a contract regardless of the work they do?
In the private sector, if one of your sub-contractors gets fired for ANYTHING, do they get paid for the work they didn't do?
When our cozy military/congressional/industrial threesome write their own regulations, you can bet they will treat the "industrial" member of that trio with the most respect.
That's where the campaign contributions come from.
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Lok52
December 19, 2009 11:10 AM in reply to JEP07
That isn't something special about the contracts between the Defense department and their suppliers. You would be hard pressed to find any contract, between any 2 entities (with competent attorneys) that didn't include a penalty for non-performance or cancellation after the work has been done.
Without those kinds of penalties, for both sides, contracts would be completely meaningless.
And this wouldn't be the case of a sub-contractor getting fired for a reason. It would be a wholesale cancellation of contracts, with companies that entered into them in good faith.
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JEP07
December 19, 2009 11:44 AM in reply to Lok52
If these weren't no-bid contracts, it might make sense. But while I agree, there are two sides to most contracts, when the contractor is getting his business without facing competition, then their responsibility is magnified, and should be considered so both legally and morally.
And this wouldn't be cancellation because someone found a better deal, it would be cancellation because the company is asking citizens to sign their rights away, violating constitutional foundations.
Big difference
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mikedrevguy
December 19, 2009 11:59 AM
This issue becomes a great talking point for 2010.
GOP - party of rapists; "But we were only trying to protect national security, to protect corps from frivolous lawsuits, to protect . . . ."
Response: "But what have you don't publicly, professionally, privately to protect and ensure the safety of women? " Nada!! The GOP Party of Rapists:
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JEP07
December 19, 2009 5:42 PM in reply to mikedrevguy
As a talking point, it will be both accurate and applicable to remind debaters from the right that their heroes put partisan prejudice against Al Franken above their duty to protect the rights of women in their constituency.
Let them claim they are protecting Halliburton if they want an excuse, some wingers actually might consider that justification.
The more I see what franken did, the more I think he did it not for the political ploy I first lauded, but for the best and righteous reasons the bill represents.
The fact it exposes the sheer Republican hypocrisy in this Senate is just a sidebar to the noble humanitarian intent.
It will be a handy tool, for sure, to remind them that some of their favorites chose corporate protection from legal responsibility, over public protection from RAPE.
Like the scandals of Larry Craig and Mark Foley in earlier elections, this will be one more bit of political muck where R's used to claim solid ground over the Dems, but now they are drowning in their own crap.
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Jeronimo Dan
December 19, 2009 1:34 PM
Really there is not many moral men, or women that walk the halls of congress. There's only the course of where the money comes from and the money comes from big corps and the hired lobbyist that shovel money into the coffers of our congress.
99% of congress have already sold their souls to the devil, so just how many times can one burn in the pit of hell? Once you're there, you're there.
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ProudPrimate
December 19, 2009 7:48 PM in reply to Jeronimo Dan
"99% of congress have already sold their souls to the devil"
To whatever extent that is true, remember that every senator must beg $20,000 A DAY to have any hope of re-election. Even those whose intent is utterly pure are dragged down into the muck by this invasive power of money.
And that is intentional on the part of those who have it. This is the crowd that lost the American Revolution, the Aristocrats and their descendants.
FDR told the Democratic National Convention in Philly about "these economic royalists", and at another time framed it thus:
A succession of Supreme Court decisions have buttressed this Money Power takeover by protecting the idea that "money is speech", therefore this profligate bribery is "protected speech". Bribery — that's what it amounts to; one of only two enumerated "high crimes and misdemeanors" for which a president could be impeached.
But it is fostered by our Federalist Society justices.
Only a vast groundswell and concomitant legislation, or more surely, constitutional amendment, can overpower this plague.
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ShockedISaid
December 19, 2009 1:39 PM
"That language, the official said, may have forced the government to reneg on multi-billion-dollar contracts. Because of a clause in many of those contracts, the government would still have to pay the contractors, even though the work wouldn't be performed."
This makes no sense to me at all.
First, I am a lawyer. Here's how the law works: Congress passes a bill. The President signs it. The bill becomes law. The Courts [mostly] enforce the law.
Everyone following along?
So, Congress passes a statute, that the President signs, making arbitration clauses void or unenforceable for these types of crimes. Victims bring their lawsuits. The contractors try to enforce the arbitration clause and the Courts say no, the clause is void or unenforceable.
Nothing else is required. The statute would not interfere with the contracting process in any manner.
So, why this whole kabuki dance? Is it because the Dems don't have 60 votes for an anti-rape statute? If true, wouldn't that be a great election year issue -- keep making the Repugs filibuster an anti-rape bill?
Anyone have any ideas?
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JEP07
December 19, 2009 5:49 PM in reply to ShockedISaid
As long as the public could peek in on the debate with some guidance from experts who can point out what many would miss in the procedural malaise.
C-Span only shows the facemen making noises, it can't delve into their motives and their masters, which is what we need to know the truth about as they defend the likes of Dubai's Halliburton Co. over the rights of American women working abroad.
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DancingBear
December 21, 2009 8:58 AM in reply to ShockedISaid
The original Franken Amendment didn't render the clause void or unenforceable, it prohibited the Department of Defense from using any appropriated funds to pay companies that had these provisions in their contracts:
"AMENDMENT PURPOSE:
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.
SA 2588. Mr. FRANKEN (for himself and Ms. Landrieu) submitted an amendment intended to be proposed by him to the bill H.R. 3326, making appropriations for the Department of Defense for the fiscal year ending September 30, 2010, and for other purposes; as follows:
On page 245, between lines 8 and 9, insert the following:
Sec. 8104. (a) None of the funds appropriated or otherwise made available by this Act may be used for any existing or new Federal contract if the contractor or a subcontractor at any tier requires that an employee or independent contractor, as a condition of employment, sign a contract that mandates that the employee or independent contractor performing work under the contract or subcontract resolve through arbitration any claim under title VII of the Civil Rights Act of 1964 or any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention."
The new amendment, which appears at page 113 in the following:
http://www.rules.house.gov/111/LegText/111_hr3326_hamnd.pdf
Now it only applies to contractors who enter into contracts at least 60 days after passage, but those contractors then have to commit not to enter into any new such contracts and not to enforce any such contracts.
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mcjam
December 19, 2009 2:43 PM
So, Obama was for rape before he was against it? I'm so confused....
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ru4862
December 19, 2009 5:34 PM
What changed? Franken threaten the white house of withholding his vote on Health care reform. Good for Al.
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tpmoldfuzz
December 19, 2009 8:44 PM in reply to ru4862
Maybe Al threatened to do an impression of Rahm Emanuel on SNL.
Whatever, I think Al is showing he is right for the job. Whatever happened to Coleman?
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JEP07
December 20, 2009 10:44 AM in reply to tpmoldfuzz
"Whatever happened to Coleman?"
He's hanging out with Allen, Frist, Delay, Santorum, Hastert and Craig somewhere.
That Republican Losers club grows bigger every election.
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HarpoSnarx
December 20, 2009 12:21 AM
"What Changed? White House Now Supports Franken Rape Amendment"
Now we'll see Team Obama make reluctant, transparent, flaccid sops to the infuriated base.
Then Red Rahm and the West Wing puddins' will continue to shiv the left. After all they really don't need us.
Quelle douchebags huh?
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Asher
December 21, 2009 12:40 AM
Bad cases tend to make or instigate bad law. Rape is such a sensational, and serious, allegation that this is tailor-made for a dubious law that may have only covered the one case on which it is predicated. One big problem, though, is that rape is, by far, the most fraudulently made criminal accusation. Studies consistently conclude that around 45 percent of all rape claims are false, and I don't mean inability to prosecute for lack of evidence. They are false in the sense that there is ample evidence to prosecute the accuser for malicious prosecution.
The Jones Case, no matter how horrendous, is being used to open up a potential Pandora's Box of fraudulent lawsuits. Hey, big news, the Democrats throwing more business to one of their biggest benefactors, the trial lawyers. So much for cleaning up the special interests, but maybe cleaning up *for* the special interests ...
This is analogous to the phenomena of female sailors, where all of a sudden a unit experiences an epidemic of pregnancy upon receiving deployment orders. When you give people the ability to abuse the system, unchecked, then they tend to take it, and the ones who do not take it, being honest, are the suckers. So, the net effect of this bill is, likely, to punish the honest at the expense of the dishonest.
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Asher
December 21, 2009 1:11 AM
I'd also point out that there is ample evidence for abuse of rules, by women, in the fact that deployment order for naval units precipitate a large spike in pregnancies. Women tend to be less honor-bound*, to put it in lay terms, and this sort of legislation creates tremendous potential for moral hazard.
* This is likely genetic
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didaktikos
December 21, 2009 2:58 AM in reply to Asher
I admire your great wisdom. Honorable men do not get pregnant; dishonorable women DO get pregnant. What could be clearer? It is certainly obvious that the fear and uncertainty caused by deployment orders could not trigger reproductive behaviors; it is clear that it is only the contemptable dishonor of females in the military that could lead to pregnancy. They probably do it without men, the dishonorable sluts.
Damn, they are just despicable. And dishonorable. But there ain’t no such thing as genetics. Only Jesus.
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Asher
December 21, 2009 4:03 AM in reply to didaktikos
Um, I'm a reductionist, Darwinian atheist. And you don't address the point that if you give someone power with no checks then it will be abused, i.e. pregnancy. If you give a woman an out for fulfilling an obligation then you will tend to get a lot of that behavior. If men had the same out then it is likely that a lot of them would take it, too, although it's likely that men have more of a instinct to avoid the punishments that societies mete out to cheaters. This would be because male cheating is both easier and more destructive to the tribe.
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Clavis
December 21, 2009 11:13 AM in reply to Asher
Asher clearly is looking out for America by going after the most powerful lobby in DC -- raped women.
WTF!?!
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Asher
December 21, 2009 11:32 AM in reply to Clavis
You know, it's really too bad that you couldn't deal with the substance of my comments, which is that
A) False-rape allegations are very common.
B) The Franken bill provides a boon for trial lawyers.
C) People tend to abuse well-intentioned rules when it suits their purposes
D) The Jones case is probably a very extreme outlier, and no basis on which to submit this type of legislation.
You also make a snarky comment about raped women and a powerful lobby. Ever heard of the Violence Against Women Act? Well, it's predicated on faulty science, something known as the Duluth Model of domestic violence, where violence is committed as a result of "patriarchy" rather than as the product of a dysfunctional male individual. Actually, domestic violence is very commonly two-way and is usually the product of just two really crappy, often worthless, people hooking up. So, while the VAWA had good intentions, it's more common usage is probably in women fraudulently using it in divorce settlements and child custody cases.
Well-intentioned laws often have potential for abuse, and Franken's is one such law.
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Asher
December 21, 2009 4:10 AM in reply to didaktikos
Oh, and there are many honorable women who do, in fact, not get pregnant. Maybe you missed my mention of moral hazard ... or maybe you don't have a clue what that means ...
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Tosh
January 31, 2010 3:52 PM
haha very nice Asher
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jim144
August 18, 2010 12:08 PM
The Pentagon deals with a massive number of contracts and would never be able to make sure the arbitration clauses were stripped in all those contracts.bachata dance
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