What we have the phrase "bipartisan support" *for*.

[mrissa]

Thanks, Senator Franken. We might not have elected you by much, but I'd like to think that an overwhelming majority of Minnesotans can stand behind you on this one.

Seriously, who thinks that companies should be able to put in employment contracts that you can't prosecute criminal charges for sexual assault including but not limited to rape? Who, of any political stripe, thinks that's a great idea? Your boss shouldn't be able to tell you not to treat someone assaulting you as a crime, whether your genitals are involved or not. This is just plain obvious. This is what we call basic human decency. And shame on the thirty senators who didn't have any of that basic human decency.

Several things have come up in the news recently that make me think, "I can't write a livejournal post about that, because there's nothing coherent to be said. It's just too clear-cut. Bad Things Are Bad, people! Bad Things! They are Bad! We are against Things That Are Bad!" How many times can we repeat this? And then someone like Sen. Sessions comes up all, "Oh, you're only against rape because prosecuting rape and related crimes will be bad for Halliburton!" Yeah, asshole, what other reason could there possibly be? It's all about Halliburton, dude. Totally. What the Constitution needs is the Oh Hell No Amendment, wherein people like Sen. Sessions can be made to go sit in the penalty box--recusing themselves from all votes in the meantime--and think about what they just said until they understand why we all went OH HELL NO, and promise not to do it again.

Comments

[cathshaffer.livejournal.com]

I'm very confused, because it was my understanding that the due process clause of the US constitution overrides any and all contracts, and so no employer could ever legally deprive you of your right to justice in a court of law if you're a victim of a crime. Now, for something that happens in Iraq, I'm not sure what the jurisdiction is. Maybe that is the loophole through which Halliburton was able to pull this off. But yeah. What you said. I second the Oh Hell No amendment.

[madwriter.livejournal.com]

Halliburton used to proudly advertise on their home page that they were not bound by U.S. law or the laws of the countries they operated in.

[icedrake.livejournal.com]

You're... Kidding.

OK, I know you're not, but I really, *really* wish you were. At least the contractors are now subject to the UMCJ. Sadly, that doesn't have retroactive effect and the rape case predates that legislation.

And for all I know, KBR has an exemption from that, too.

[fidelioscabinet.livejournal.com]

Halliburton has a special exception, thanks to their very good friends like Dick Cheney and Donald Rumsfeld.

They're very special people. You know, the way Xe, formerly Blackwater is special.

Excuse me while I go and spit.

[zunger.livejournal.com]

I just have to think that if anyone ever naturally comes out with the sentence, "you're only against rape because prosecuting rape and related crimes would be bad for Halliburton," that should be kind of a warning flag about doing business with Halliburton right there.

[nihilistic-kid.livejournal.com]

They're raping for freedom!

[miz-hatbox.livejournal.com]

Of course! Besides, it's her own fault, anyway, for wandering into someplace dangerous like Iraq. She was asking for it. Totally.

*sigh*

[madwriter.livejournal.com]

She wasn't wearing an American flag when she was raped, therefore she was dressed provocatively.

[clarentine]

What the Constitution needs is the Oh Hell No Amendment, wherein people like Sen. Sessions can be made to go sit in the penalty box--recusing themselves from all votes in the meantime--and think about what they just said until they understand why we all went OH HELL NO, and promise not to do it again.

I'd vote for that Constitutional amendment.

[apis-mellifera.livejournal.com]

There is one thing about all this has been irritating me: KBR and Halliburton are two different companies. KBR used to be a subsidiary of Halliburton, but isn't anymore. The separation happened in 2007, which I believe is after the former employee was raped (and subsequently treated in an absolutely appalling and inhumane way that she totally should have been able to SUE THEIR ASSES OFF for), which is probably why people are equating the two now.

The "Dispute Resolution Program" is a mandatory arbitration agreement between KBR and the employee. It prevents employees from suing them for other reasons, too--it's a extremely far-reaching agreement and one that this employee was really unhappy to have to sign in order to keep her job. My boss knows that I was unhappy about having to sign the agreement, but the circumstances of my assignment make it extremely unlikely that it would ever come into play.

I've read the agreement in full and it is definitely set up so that the employer has all the power in disputes--forcing people to sign away a portion of their rights for employment should not be allowed (the courts do not agree with me on this, their position is that you can always go get a job somewhere else if you don't like the terms of the job offered or if the terms of employment change mid-job).

[zeborah]

I would totally vote for the "OH HELL NO" amendment.

My vote probably wouldn't count, alas.

[moiread]

Oh my god.

[mplsvala.livejournal.com]

Yeah. That was a good beginning for him. Let's hope he can keep it up.

[buttonlass.livejournal.com]

I keep hearing someone asking if their momma knows they vote that way. What a bunch of crap. And don't even get me started on the women who voted against this. Really? How messed up do you have to be to not feel for this woman?

[uneasy-spirit.livejournal.com]

No women did vote against this amendment, only men.

[auriaephiala.livejournal.com]

My goodness. Everytime I think employment law can't get any worse, I see things like this.

Good for Franken!

[howl-at-the-sun.livejournal.com]

Perhaps more amazing than the need for this amendment are the senators who *voted against it*.

Wow, and not a good wow.

[dd-b.livejournal.com]

Well, sort-of. Except that, in the world where a corporation and its lawyers think this is worth trying, it seems likely there'll be other people who feel the same.

Why is this happening, and how can we stop it? Where did my universe go, and how can I get it back?

[howl-at-the-sun.livejournal.com]

I think it relates back to the cultural brokenness that the victim is somehow to blame for the crime.

The consequences of that mindset, though, are still shocking.

[dd-b.livejournal.com]

It's a natural thing to try to get out of mandates one feels are excessive however one can, and in employment law, by contractual agreement with the employee makes sense as a way to try.

To pick this position, on this issue, to try such a thing on shows a moral idiocy and a blindness to PR issues that I cannot comprehend.

[framefolly.livejournal.com]

> What the Constitution needs is the Oh Hell No Amendment, wherein people like Sen. Sessions can be made to go sit in the penalty box--recusing themselves from all votes in the meantime--and think about what they just said until they understand why we all went OH HELL NO, and promise not to do it again.

Hell YES!

[miz-hatbox.livejournal.com]

Yay Al!

I didn't think it was possible to love Al Franken any more than I already did.

[mrissa.livejournal.com]

Oh. Me, I've got a lot of room for more love. The list of people I love more than I love Al Franken is a pretty extensive one. Still and all, good thing to do, in no way hurts my regard for my senator, etc.

[sethb.livejournal.com]

I'd sign away my right to prosecute any crime, no problem.

I'm not a DA, I don't get to prosecute in any case. The state prosecutes (in criminal cases. The victim sometimes testifies, at the state's behest (and the state can require the victim to testify, overriding any contract).

(Of course, if all their employees signed such a clause and it's held to be valid, there's an obvious way of demonstrating that they made a serious mistake.)

[fidelioscabinet.livejournal.com]

IIRC, they gave up the right to file a civil suit against KBR or its other employees, and also to file acomplaint which would enable a DA to press charges.

[fidelioscabinet.livejournal.com]

I have Senator envy; the 30 who voted against this--they include both of mine.

[howl-at-the-sun.livejournal.com]

Surely they deserve a nasty letter.

[akitrom.livejournal.com]

I just wrote my Republican senator, thanking him for voting "Yea".