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.
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 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.
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.
"While the allegations raised by Ms. Jones are serious, after a review of the case KBR noted inaccuracies in the accounts of the incident in question, and disputes portions of Ms. Jones' version of the facts," Utt wrote in an e-mail obtained by the Houston Chronicle.
Perhaps can explained why the rape kit was missing for so long. Eyewitness Jamie Armstrong confirmed to ABC News that the rape kit was turned over to KBR.
Jones's attoneys had an apt response to Utt's email.
"Attacking the victim is the oldest trick in the book," said Jones' lawyers Stephanie Morris and Todd Kelly in a statement Thursday, responding to Utt's comments. "What is inconsistent is KBR's...statement that it takes the safety and security of its employees very seriously, then locks away the women who report violations."
Conservative blogger Curt at Flopping Aces said he would reserve judgement on the Jamie Leigh Jones case. In the same post he accused Jones of cashing in and refused to believe that Army doctors would hand the rape kit over to Kellogg, Brown and Root. That is some judgement reserving.
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?
The Flopsters will be shocked to learn that that former Jamie Armstrong told ABC News she saw doctors hand the rape kit over to KBR.
On one key point, Halliburton/KBR and Jones agree: the Army doctor who administered a rape evidence kit to Jamie after her alleged assault handed the kit to Halliburton/KBR security personnel. Halliburton/KBR's account did not mention the fate of the rape kit. It noted the company "did not interfere with the State Department's criminal investigation."
There is no doubt that Armstrong was there. When Jones was in the shipping crate, Halliburton/KBR said that Armstrong was the woman that gave food to her.
This recent news makes it harder for KBR to debunk her story. That certainly won't won't stop conservative bloggers from trying. They are so obsessed with defending companies that have nothing to do with conservative values as being tough on crime.
The Blotter reports an unidentified woman has been raped by by KBR employees in Ramadi, Iraq. Senator Bill Nelson's web site reports two woman from Houston and Tampa as rape victims. Nelson wrote a letter to Sec. of Defense Robert Gates.
I am deeply troubled by recent reports that at least two women who worked in Iraq under contractors for the Department of Defense were sexually assaulted by male coworkers. Both women have filed lawsuits partly because they feel the criminal justice system has failed them.
I am enclosing a recent press report suggesting that in a 2005 case involving a Texas woman the U.S. Army turned a rape kit over to private security officers rather than to the proper authorities. In addition, the alleged victim in that case published a journal on the Internet suggesting that many other women have been raped in Iraq.
The Inspector General should immediately launch an investigation that thoroughly examines: 1) whether and why the results of the examination in question were turned over to a private company; 2) whether and how many other rape examinations were performed by military doctors in Iraq; and, 3) what steps the Department of Defense has taken, in conjunction with victims and the Departments of State and Justice, to ensure the full investigation and prosecution of these cases under all applicable U.S. laws.
We need to know that there is a thorough and vigorous investigation of any and all of these cases. I also would appreciate a detailed briefing on the Department of Defense's role in investigating, prosecuting and resolving any such cases.
Surely the Defense Department is not going to use the lack of internet access as an excuse for not being aware of Jamie Leigh Jones's diary. With this administration it wouldn't shock me.
Nelson wrote another letter to Attorney General Michael Mukasey.
1) Is it true that a Dallas U.S. Attorney has been investigating the case?
2) Is it true that NCIS conducted it's own investigationof this case?
a. If so, when did NCIS make its findings available to the Department?
b. Are you aware of any other investigation of the Florida woman's allegations by any other entity, such as the State Department or Halliburton/KBR or one of its subsidiaries?
d. Have you instructed NCIS or any other agency that has conducted an investigation to withhold any reports that they have prepared from being released publicly, or have you instructed them to desist from conducting their own investigation?
3) Is the Department of Justice aware of any other allegations of sexual assault reported by women who worked for government contractors in Iraq?
a. If so, is the Department conducting a more Wide-ranging investigation?
b. What type of coordination has taken place among the Departments of Justice, State and Defense regarding any investigation into the various allegations of sexual assault that have been made?
"What type of coordination" is the wrong question. Rape caees need to be prosecuted immediately. The only DNA sample from Jones's rape that match was from a man using her bed. Kellogg Brown and Root were never legally forced to submit samples. Two years have past. The fact that the Justice Department and Pentagon have been these cases to rest says much about their collective commitment.
John Conyers and Ted Poe Information Request On Jones Case
John Conyers and Ted Poe have requested the Justice Department give them information on status of the Jamie Leigh Jones case. Jones has gone through State Department channels for two years and has little idea of what (if any action) has been taken on her behave. The Justice Department refused to comment to ABC News about the case. That is hardly a confidence builder.
The Conyers and Poe letter:
December 11, 2007
The Honorable Michael Mukasey United States Attorney General U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530
Dear Mr. Attorney General:
We are writing to follow up on the letter sent yesterday by Representative Poe concerning the Department’s response to American Jamie Leigh Jones’ report that she was assaulted and raped by fellow employees of Halliburton/KBR in Baghdad, and that in the aftermath of this assault she was imprisoned under armed guard for over 24 hours without food or water.1
Ms. Jones further states that she was told she would be fired if she sought outside medical care and that the results of a medical examination documenting the alleged rape were given by U.S. Army personnel to KBR security and have now “disappeared.”
This report of criminal misconduct directed against a U.S. citizen at the hands of employees of an American-based corporation working in Iraq at the behest of the U.S. Government, as well as a possible cover-up and destruction of evidence, is deeply troubling.
It also raises broader concerns, which the Judiciary Committee has already been investigating, about the Department’s role in enforcing laws protecting Americans who are working in Iraq.
In addition to the general questions in yesterday’s letter, we ask that you provide answers to the following specific questions as soon as possible, and no later than Tuesday, December 18, 2007:
1. Based on the facts as reported by Ms. Jones, does the Department believe that it has jurisdiction to investigate and prosecute in this matter under the Military Extraterritorial Jurisdiction Act of 2000, 18 U.S.C. § 3261, or section 804 of the USA Patriot Act, 18 U.S.C. § 7(9)? Please explain.
2. Has the Department investigated Ms. Jones’ claims?
a) If not, why not?
b) If so, please describe the course and current status of the investigation and whether it includes the apparent destruction of evidence described above.
c) If so, what offices of the Department have participated in the investigation? Which Assistant Attorney General is responsible for this and other investigations of alleged crimes within the Department’s jurisdiction committed in Iraq?
d) If so, is the investigation limited to events alleged to have occurred in Iraq, or is the Department investigating events that may have occurred in countries other than Iraq, including the United States?
3. ABC reports a statement by KBR that “it was ‘instructed to cease its own investigation by U.S. government authorities ‘because they were assuming sole responsibility for the criminal investigations.”
a) Did the Department issue such an instruction to KBR?
b) If so, please describe the exact terms of the instruction and explain when, why, and by whom it was issued.
c) If not, do you have any information regarding whether any other component of the US government issued such an instruction? Which one?
d) If some other agency issued the instruction, what is the basis for an assertion that an agency of the US Government other than the Justice Department can have “sole responsibility” for all related criminal investigations? Do you agree that the Department should be involved from the outset of an investigation into a serious criminal matter such as this one?
If the State Department's handling of the Blackwater shooting is any indication, they will stonewall. Worse case scenario is the accused will be granted immunity for testimony. That will effectively destroy what little chance there is for procecution.
What is interesting is the rats are jumping ship. Halliburton is trying to pass off accountability on KBR.
Halliburton says it is improperly named in the matter and expects to be dismissed from the case. "It would be inappropriate for Halliburton to comment on the merits of a matter affecting only the interest of KBR," the oilfield services company said in a statement.
The State Department is passing the Jones case off to the Justice Department.
State Department spokesman Sean McCormack declined Tuesday to comment on specifics of the case, but he confirmed its Bureau of Diplomatic Security had responded to and investigated the incident. He said the results were turned over to the Justice Department.
The State Department freed Jones from imprisonment at the request of Rep. Poe. Jones details the State Department's bumbling handling on her diary.
February, 2007- I spoke with the state department and was told that my case had still not been presented to the AUSA for prosecution
March, 1, 2007- I contacted the state department and asked when my case would be presented to the AUSA- I was told my investigator was on vacation.
March 16,2007- I was told that my case was sent via FedEx to the AUSA in Florida . I was told that the AUSA was out but would review my case the week of 3/26
April, 25, 2005- I called and asked the state department what the status of my case was or who I could call that would know. I let them know that I was quite concerned since I hadn't heard back from anyone in over a month.
April 26, 2005- The state department told me there s no update. “It is with the AUSA and I will call today but it is my experience that this is the time we want to be patient as their decision is the final one.”
Conyers and Poe are right to question the Justice Department's actions. What needs to be taken into account is why the State Department didn't suspend the contractors involved in the alleged crime and immediately launch an inquiry. A rape case is harder to prove as time elapses. How are we to believe these diplomats can run a country if they can't handle one criminal investigation?
Jamie Leigh Jones told ABC News she was drugged and raped fellow Halliburton/KBR contractors. Jones told 20/20 she was locked in a crate by her assaulters and told not to file charges.
"It felt like prison," says Jones, who told her story to ABC News as part of an upcoming "20/20" investigation. "I was upset; I was curled up in a ball on the bed; I just could not believe what had happened."
Finally, Jones says, she convinced a sympathetic guard to loan her a cell phone so she could call her father in Texas.
"I said, 'Dad, I've been raped. I don't know what to do. I'm in this container, and I'm not able to leave,'" she said. Her father called their congressman, Rep. Ted Poe, R-Texas.
Imagine being a father and hearing your daughter say she has been raped and held captive. Jamie's situation is even harder to fathom. Being a woman in a foreign country at the mercy of brutal men.
Welcome to the heart of darkness.
Media reports, Congressman Ted Poe and Jones' father say that she was released because of State Department intravention.
"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.
A Congressman confirmed the story. The Bush administration would be stupid to use the State Department to protect Halliburton and KBR. The State Department granted Blackwater mercenaries, involved in the killings of 17 Iraqi civilians, were granted immunity. The only logical reason for doing this is to destroy the FBI chances of prosecution. People should put pressure on the State Department to make sure that doesn't happen again.
The Army test showed Jones was raped. Why in God's name did Army doctors hand the rape kit to KBR? Any criminal investigation should be done by neutral outsiders. Jones is an American citizen protected under the laws of the United States. KBR is not law enforcement. The Army should have informed the FBI about a civilian rape.
The Justice Department had two years to make a case and did nothing. By all accounts: prosecution should have been a slam dunk. Instead the rape kit was given to the last people that should have posession of evidence and we have no idea if DoJ ever questioned State Deparetment officials. Exactly what does a contractor have to do to warrant the Bush administration's outrage?
The sad fact is the Bush administration put contracts under the State Department. Jones's assaulters are protected from prosecution thanks to the law designed by the State DEpartment.
July 26, 2005 US/ July 27 Baghdad- I sent several e-mails to management to ask to be moved into a container because I was experiencing cat calls even when I was walking through the barrack to get to the restroom. I received the response that I would be fine if I “go to the spa." There was no spa in Greenzone, Baghdad . I started socializing with some Halliburton/ KBR employees, including approximately four or so firefighters. One of these men prepared me a drink and joked that there were no “rooffies” in it, and handed it to me. After having a couple sips, I passed out. I was drugged.
July 28, 2005 US/ July 29 Baghdad- I awoke the next morning in the barracks to find my naked body battered and bruised. I was still groggy from whatever had been put in my drink. I was bleeding from between my legs and my breast implants were severely disfigured. (I found out later that my attackers tore my pectoral muscles due to the brutality of the attack). One of the men who had raped me was brazen enough to be lying in the bottom bunk of my assigned bunk bed. After getting to the clinic and having a rape kit performed, and pictures taken of my bruising, I was locked in a container with no food, no way to call my parents, and was placed under armed guard by Halliburton. I did not have access to soap, toiletries, a tooth brush, or any of my belongings. I was unable to leave, therefore I was imprisoned. After some time, one of the guards allowed me to use his cell phone out of sympathy. I called my father back in Houston, who quickly contacted Congressman Ted Poe, who then initiated a Congressional Inquiry to get me out of Baghdad . At this point I was in a state of shock, severely traumatized, and was scared for my life.
Jones goes into detail about her frustration with the handling of her case. The incompetence is staggering. The doctor wasn't sure if he could find Jones's rape kit because he has "no idea which rape victum you are because so many young contractor girls were raped after drinking with the guys."
Newshoggers links to conservative bloggers defending Halliburton and casting doubt on Jones's story with no facts to back up their assertions. The fact that a Republican Congressman believes Jones's story is not good enough. Exactly how does Halliburton equal conservatives' tough on crime values?
It looks like her only real recourse is a media-induced public outcry.
The federal govenrment is going to have to be shamed about this. Many Americans associate all Iraqis to terrorists. The Right can't say Jones is a member of Al-Qaeda that got what she deserved. The media will go into overdrive over a young attractive woman in distress. CNN couldn't be bothered to question the WMD intelligence. They are too busy covering Anna Nicole Smith, the Runaway Bride and any young attactive woman that will garner ratings. It is sad that it takes a rape of an American woman to get the media to question the State Department's handling of contractors.
The outrage has sparked so fast. What people need to do is lobby Congress to retroactively change the State Department contracting laws. Blackwater, Halliburton need to be held accountable.
Jamie's diary states that an Army doctor told her that there are so many rapes of American woman in Iraq that they would have a hard time finding the rape kit. They ultimately did. There is no telling how many Western and Iraqi women have been raped by military and contractor personal.
"Profiteering during wartime is inexcusable," said Democratic Sen. Byron Dorgan, testifying at a Senate Armed Services Committee hearing. "This is the most significant waste, fraud and abuse we have ever seen in this country."
Lawmakers and the U.S. inspector general have accused KBR, formerly a division of Halliburton Co., which was once headed by U.S. Vice President Dick Cheney, of abusing federal rules in record-keeping on the current contract. Nearly $2 billion (€1.47 billion) in overpricing on the contract has been identified by Pentagon auditors and government investigators, lawmakers said.
Houston-based KBR is currently the U.S. Army's sole contractor for providing food and shelter to the military in Iraq, Afghanistan and Kuwait under the Logistics Civil Augmentation Program, or Logcap. The Pentagon has awarded more than $20 billion (€14.7 billion) over the last five years for the services contract.
Sen. Carl Levin, D-Mich., chairman of the committee, cited several examples of contract abuse, including KBR allegedly billing the federal government for millions of meals that were never delivered, overstating labor costs by 51 percent, or $30 million (€22.06 million), and purchasing between $40 million (€29.41 million) and $113 million (€83.08 million).
KBR Inc. is making billions and have no competitors. There is no need for them to overchange. They do so out of pure greed. This is all being done with the help of the White House. Vice-President Dick Cheney has been the architect of the Department of Defense using Halliburton.
One businessman with close ties to the Bush Administration tells Mayer, "Anything that has to do with Iraq policy, Cheney's the man to see. He's running it, the way that L.B.J. ran the space program."
It doesn't matter if the government can get better and more affordable supplies from another vendor. It's all about helping contacts. That is how Cheney moved his way up in the world. To his narrow world view; that is the respectful way of doing business. The lack of armored vechicles and other equipment are matters people in his inner-circle are too fearful to tell him about.
