So are their limits to how many times someone can be prosecuted? You might recall this dangerous bunch was rounded up during the infamous terror-scare that coincidentally occurred during the Bush 2004 re-election campaign. The 'Liberty 6' all were equipped with sporty terrorist uniforms, like any good terrorist so we can spot 'em on the street, and then talked about going after the Sears Tower, though it was never entirely clear if they even knew where it was located or how to go about such an attack. For that matter, it was never really clear if this was their intention or if they were just looking for new uniforms.
Never mind the details, the Bush folks had their terrorists in the run up to November 2004, facts be damned. The more terrified the public became, the better the odds of winning the election. Throw in a bit of gay bashing to take it over the top and victory! Ain't democracy great? Hooray for freedom and democracy! U-S-A Number 1! We're the best! We're the best! You know the world all wishes they were this free. You know it.
It's painful to even try to address a story like this, but it's one of those things that needs to be out in the open, recognized, and acted upon. The Nation has a gut-wrenching article about yet another rape perpetrated against a KBR employee in Iraq, and the subsequent (inevitable, horrifying) cover-up by KBR and neglect by our government. This is ugly, ugly stuff (trigger warning):
That dawn, naked, covered in blood and feces, bleeding from her anus, she found a US soldier she did not know lying naked in the bed next to her: his gun lay on the floor beside the bed, she could not rouse him and all she could remember of the night before was screaming and screaming as the soldier anally penetrated her while a colleague who worked for defense contractor KBR held her hand -- but instead of helping her, as she had hoped, he jammed his penis in her mouth.
Did KBR jump to action? Did the US government take steps to address this horror? Of course not. KBR tried to cover it up, told her to keep quiet, tried to compel her to sign nondisclosure agreements, and spied on her. The US took no steps to prosecute.
And here where it gets a little bit technical: In terms of redress for harm, there are usually two routes a person can go -- criminal and civil. For criminal prosecution, contractors working in Iraq are currently immune from Iraqi law, and their legal status under US law is murky at best. In theory, according to the article, the Justice Department could bring criminal charges in federal court, but that's up to a prosecutor. Since a contractor in Iraq wouldn't have standing in any federal district court, I'm guessing -- though I'm not 100% sure and would welcome more informed commentary -- DOJ proper would have to bring criminal charges. Now, less than a month ago, SecDef Gates issued a directive allowing for UCMJ authority over civilian contractors, meaning that military police now have authority over contractors, at least in theory, though obviously MPs are not generally in the business of policing contractors.
Overall, though, in five years of war, with 180,000 civilian contractors working in Iraq, not a single criminal charge has been brought against any of them. You think among 180,000 people in the middle of a war zone some crimes are being committed? Maybe? But there are no police officers, no clear legal authority or system, and apparently no interest in or process for holding people accountable for their crimes committed overseas. A nonprofit recently set up to support contractors with incidents of sexual assault or harassment has 40 reports already; again, no criminal charges filed. Ever. In five years.
On the civil side, all sorts of torts were (allegedly) committed against the subject of the article (assault, battery, false imprisonment, and IIED, at the very least), which would ordinarily allow for a lawsuit, which could also shed some light on the larger problem (through discovery processes, publicity, etc). Enter, however, one of the more malicious legal developments of recent years: the binding arbitration clause. Natasha Chart has an excellent and comprehensive rundown, the short version of which is that a skyrocketing number of contracts include language barring civil court remedies in favor of closed, non-public, and unappealable arbitration. Initially used primarily in consumer contracts, binding arbitration clauses are increasingly snuck into employment contracts, and they often -- unconscionably, in my admittedly inexpert view -- cover intentional torts as well as negligence. It's really a horrible and horrifying situation, and it should offend any reasonable person's sense of justice.
Congress is looking into it -- at the behest of, in particular, Rep. Poe and Rep. Conyers -- and one can only hope they, y'know, do something to fix this, both on an individual level and as a matter of overall policy.
The people of Jena, the people of Louisiana and I are not racist. We simply want justice to be done. We understand that White people in America have lost our basic civil rights. Whites are now deprived of human rights by racial discrimination in jobs, promotions, scholarships, college admissions and in many other programs. More importantly, Whites are increasingly victims of Black racial violence and hate crimes. In fact, a White person is 40 to 50 times more likely to be a victim of Black gang violence than a Black is likely to be a victim of White gang violence.
...The entire Jena scenario and the coverage of it by the media show once again that it is not the people of Jena who are racists. By voting for me and by demanding justice in this case, they have shown rightly that they believe in fairness to all and that White people are now the real victims of racism in America. Once again it is shown that we must have advocates for our rights and heritage just as any other group is permitted to do so.
May the District Attorney and the people of Jena stay strong and never give in to those who seek take away their rights of life and liberty as guaranteed by the United States Constitution.
He's crying for media attention as well:
David Duke is willing to explain to any media in the world what the real issues are in Jena, Lousiana To contact him press the contact button on the right side of the web page.
This is exactly why open discussions about race are necessary in general society. The open bigots have no shame in declaring their positions, and are quite sure of what they believe. Those who have good intentions by and large stay silent for fear of stepping on the third rail and "talking out of school." Discussions about solving racial tensions and its cascading impact are not the sole providence of blacks (or POC) who feel whites have no business talking about this difficult subject, nor does it belong with the David Dukes of the country, who are easy to point a finger at and declare "that's not me."
The resulting silence allows basic, human lack of understanding about the issues that challenge all of us on this topic to remain underground. No one learns about building bridges when they retreat to their respective corners.
Reading David Duke reminds me of that old joke about the Jewish guy in Germany during the beginning of the Holocaust. A Jewish friend asks him why he's reading the Nazi newspaper, and he says "Because it has all the good news! We own the banks, we own the government..."
I feel the same way about Mr. Duke believing we are somehow overrepresented in higher education and high paying jobs. It's a facile rationalization for his hatred, but that perception of unequal treatment for white people (when the opposite is actually true) is only slightly refined before being blared 24-hours a day from Fox News, where it gains the kind of legitimacy he could never give it. Simply put what he's saying really isn't so different from what Bill O'Reilly says on a daily basis.
Here in my home state of North Carolina, four nooses were found hung from a tree at a school in High Point:
Scholars call it a symbol that reflects a shameful period in our nation's history. Friday, High Point police removed four nooses hung from different spots around Andrews High School.
"To get to a situation in 2007 where people can feel like this as a prank is acceptable, that tells us a lot about how much progress we've made and how much progress we've got to continue to work on," Claude Barnes, a political science professor at North Carolina A&T said.
That situation is four nooses hung from the flag pole and other locations at the High Point school. "And so the symbol here of a noose is very, very disturbing whether it was a joke or prank or whatever; whether this was perpetrated by whites, blacks, or whoever, it's not funny," Barnes said, "because it takes us back to a tragic and very shameful period is our nation's history."
Unfortunately, this letter is to inform you that today, four nooses were found at Andrews High School. School administrators immediately notified the High Point Police Department; the incident is currently under investigation and additional staff and law enforcement presence will be maintained for a period of time. Guilford County Schools (GCS) is fully cooperating with law enforcement regarding this matter. Those found to be responsible for this criminal act will be prosecuted to the fullest extent of the law.
We want to impress upon you that this inappropriate act is not a representation of Andrews' administration, students or staff. Andrews and GCS will not tolerate behavior that is discriminatory or that disrupts the safe learning environment of our students.
Counseling will be available to students as needed by GCS. Additionally, the City of High Point has worked collaboratively with the school since 2004 through the High Point Human Relations Commission to establish a school-based student commission. These students are trained and ready to assist as needed. Please make sure your children are aware that threatening acts are not acceptable. Should your child observe inappropriate behavior or have any information regarding this incident, please ask him/her to immediately notify a teacher, staff member or our school's resource officer.
Andrews High School has proven to be a school accepting of all races, cultures, religions and backgrounds. We will continue to take all necessary steps to ensure that all students feel welcomed and safe in our school. If you have questions, please contact me at 819-2800.
