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    Sen. Al Franken's anti-rape-lawsuit amendment: Nay to what exactly?

    The Daily ShowThe Daily ShowBuried in the news of Nobel prizes,a boy-less balloon, and the continuing dialogue over health care in the United States was the passage of a Congressional amendment, which basically said the government will not do business with contractors that deny their employees the right to sue over sexual assault allegations.

    Minnesota's newest Democratic senator (and former SNL cast member), Al Franken, authored the amendment in response to the 2005 gang rape of Jamie Leigh Jones by her Halliburton/KBR coworkers while she was working in Iraq. She was locked in a shipping container for over a day to prevent her from reporting her attack, according to news reports. She was not allowed to sue her defense-contractor employer because her employment contract said that sexual assault allegations could not be brought to court. They could only be heard in private arbitration.

    So, you'd think that an amendment denying defense contracts to companies that require employees to sign away their right to sue when they are raped by coworkers would pass easily and not be a partisan issue. Ah, but you'd be wrong. The bill did pass--68 to 30 with two senators not voting--but all 30 nay votes were from Republicans.

    Jon Stewart called out the odd, unsettling vote this week on "The Daily Show," saying, "Seems like a slam dunk." Only it wasn't. "I understand we're a divided country. Some disagreements on health care. How is ANYONE against this?" Jason Linkins lists the 30 nay-voting Republicans here on The Huffington Post. Some Republicans argued Franken was targeting Halliburton with the amendment, but it applies to all defense contractors, so that argument isn't terribly strong.

    How could righting something as clearly wrong as this prompt "no" votes from members of any party?

    You can see The Daily Show "rape-nuts" segment clip here.

     

    154 comments

    • Wm  •  2 years 7 months ago
      Halliburton isn't any different than most large global corporations...they are not in business to be good neighbors...it is all about making money.

      sailmyboat...I do not absolve the previous admin of anything...I just do not blame them for what took many years over differnt administratins to create. What I take exception too is Obama's arrogance and self righteous attitude that he knows better and is different. He is cut from the same cloth as the rest of them, or perhaps you think he shoyuld have a different standard applied to him? Has he released his school records yet, like every other candidate did...answer No. Whynot...in facat he has spent sevral hundred thousand dollars in court costs/attorney fees keeping his background sealed...you figure it out. It is public info, and has been verified many times...but Obama gets a pass....something that was not given to Bush ever.
    • k8blujay  •  2 years 7 months ago
      Actually, I have to agree with Franken on this one... and even though according to statistics women were supposed to be favored through the previous process... This way brings to light the offenders. I may not be a Franken fan, but I do agree with him. *notice that all the Senators that voted against it were men* Because Olympia Snowe and Kay Bailey Hutchison both voted in favor... there are things that I agree with Cornyn (my Senator) vs. Hutchison.... but this is not one of them and I will be writing him in my displeasure.... Women should be protected from things like this atrocity...
    • Clarissa  •  2 years 7 months ago
      sissirae

      I'm not saying that they condone what happened to Jones. Her situation though is the outcome of these policies . There have been other incidents with KBR and sexual harassment that have left the victim without justice because of this. How do you justify our government funding corporations who continue with these policies? What do you see as a reasonable rationale for opposing 2588?

      Also how can someone be so against funding ACORN, yet still support funding Halliburton/KBR? Were you for defunding ACORN? Do you think ACORN's actions were worse than KBR's? I really would like to understand this reasoning.
    • Clarissa  •  2 years 7 months ago
      Off to bed! I'll try to check in tomorrow.
    • Ben Z  •  2 years 7 months ago
      Wow glad we have people in the Senate that clearly think rape is ok...wtf guys?! seriously?
    • Zil  •  2 years 7 months ago
      while i completely agree with the headlining issue of the bill, its just that. theres probably more to the bill than just the anti-rape lawsuit amendment. they're called earmarks (look it up if you dont believe me). earmarks are things politicians add onto bills that are usually completely costly and unreasonable ("Bridge to Nowhere" ring a bell anyone?) so, most likely (*likely* being the key word here) those republican senators aren't against the actual amendment, just the earmarks..
    • DRock  •  2 years 7 months ago
      mbear1987:

      You included several facts, quite gruesome and reprehensible, that were not included in the original article. Having more of the facts, as in any situation, changes the outcome of the case.

      First, as the victim was unconscious at the time of the rape, you are absolutely right that she would not be able to ID her attacker. So let's use DNA evidence [see below for its disappearance] to ID the attacker which will allow the victim to sue the attacker in CIVIL court to get damages (not criminal court - where it occurred is irrelevant). . .

      Your point is well taken regarding the "missing" rape kits. You and I both know the kits did not disappear on their own. For THIS intentional/reckless/negligent conduct of the employer, the victim again has a cause of action in civil court again. $$ for the victim.

      Your point is well taken also with respect to the armed guard watching her in a crate. Again REPREHENSIBLE and VILE conduct. For this intentional conduct and false imprisonment by an agent of the employer acting within his scope of employment with the employer, the victim has a cause of action in civil court. MORE $$ for the victim.

      Your point is well taken with respect to the harassment the victim endured while her employer did nothing to remedy the situation once notified. Again, the negligence of the employer allows the victim to recover damages in civil court. EVEN MORE $$ for the victim.

      I FULLY support the ability of the victim to recover damages for her employer's willful and wanton disregard for its duties. No person or corporation should be allowed to get away with such things.

      What I do NOT support is holding one individual accountable for the actions of another.

      Again, should we hold Jon Stewart accountable if one of his cameramen rape one of his writers? If we do, then I am sad not only for myself and this country, but for you as well . . .
    • The Tedster  •  2 years 7 months ago
      ...and I'd sure as hell like to hear what those who voted Nay on this have to say for themselves. Gr8 way to alienate about 51% of the population in one fell swoop.
    • tom  •  2 years 7 months ago
      WTF is wrong with people in this country? They think that the government is the solution to these issues. The government cant fix the issues of rape, poverty, racism etc. What about the INDIVIDUALS choice to not work for a company who has these arbitration clauses in their employment contract. Im not stating that a person is responsible for their own rape, but they can choose not to work for a company who doesnt allow lawsuits. We are all losing our personal freedoms because we choose not to take personal responsibilities for our choices. What would Halliburton be if people chose not to work for them because of their policies? Companies would not survive the "free" market if we as individuals made better choices as to who and what we support.
    • Magneto  •  2 years 7 months ago
      To those that accuse us of making an opinion without reading the bill first, then why didn't the GOP Senators make a compelling argument against it? Why didn't they point out specific parts of the bill to highlight for the rest of the public? All they came up was lame excuses about protecting private enterprise and accusing this as a political attack on Halliburton. Well, if that's the case, then what about ACORN? They had no problem going after them.
    • L  •  2 years 7 months ago
      I have never been so appalled at the stupidity of these 30 Senators. I read the list and found that my state senator (Vitter) voted No on this amendment. I have since contacted his office via fax and email with a letter expressing my disgust. They seem to forget who they work for.
    • k8blujay  •  2 years 7 months ago
      There has to be a problem in these companies that they know about if they are putting clauses such as this in their legal documents... and if it's a problem than it needs to be addressed and taken care of in a respectable manner...
    • Wm  •  2 years 7 months ago
      sailmyboat...no problem. i think they are all flawed...why would you want to vote for Hillary, who along with slick Willie was indicted sevral times for business dealings, puts up with Bill to get what she wants when he has been an adultere as Govenor and president. All hillary wants is poewer, and always has..both of them are pathetic. It is like Keneedy, how soon everyone forgets Chappaquidic, and not telling the police, and calling his lawyer, and payment to the deceased family etc etc...cut me a break...anyone else would be in jail. Palin was a wild card, but would she have been any worse than jessie Ventura, Arnold, or Reagan...now Frankel...they are all flawed...we expect perfection in a job that is built for flawed individuals. mcCain was Ok, but he was conservative etc ..no doubt..but, we would not be suckin hind tit to the rest of the world like we are now. Sorry, I prefer being on top...I remember everyone thought Goldwater was going to get us into a Nuke war, adn Nixon, who opebed up China, and Johnson who quit..to go back to his ranch...none of them were as good or bad as they seemed...but some like Jimmy Carter...were a total loss...a nice guy...totally wrong for the job. Everything he touched he screwed up...he was "surprised" that the Russians lied to him...can you imagine...he should have been impeached for stupidity.

      point is ...I do not like Obamas attitude or policies, because they are going to cost many of us alot, when all we did for years was the right thing. We worked, paid our bills, lived within our mnenas, did not speculate or overindulge...and now I should give it to others ...who did?...Sorry , I just can not buy into that. You live and you make choices...you make poor ones...you should pay for them. No one made peole buy a house they could not afford...that is bull..mortgage brokers did not twist any arems..people were greedy and wanted something for nothing..now they are paying the price...and I have to foot the bill too.....that si my problem with Obama.
    • BYD057  •  2 years 7 months ago
      wow. Glad I read this. Sen Cornyn will NEVER have my support now. And I will be writing to him as well. What an insensitive a$$hole. Just further proof that politicians only care about their self interests.
    • Clarissa  •  2 years 7 months ago
      Why do you equate Acorn and the amendment we are discussing?

      Because they are both amendments to this bill and it was brought up in the video link on this post (if you watched). Also I think it's amusing that people who were for defunding ACORN are against defunding KBR. KBR's actions are more disturbing IMO.
    • Mhu Cao  •  2 years 7 months ago
      Franken is still as dull as a day-old dog turd.
    • MichaelG  •  2 years 7 months ago
      So, I have to say that in this case, with the information I have seen, I believe that Franken is correct. This bill is a good thing to have. However, I do not agree with everyone jumping to conclusions about the 30 republicans who voted nay. It is unfair to assume that these men/women are "pro rape". Unless you feel like reading through that entire bill to make absolutely sure that it covers no other areas the I suggest you stop talking. No one likes it when people rant on about something that they haven't been fully educated about. So next time you decide to open your mouth, think for a second, have I done my research?

      Here's to maintaining the integrity of the intellectual community.
    • Vix  •  2 years 7 months ago
      And gee.... I didn't realize that ACORN helping someone to set up an illegal brothel, in which they know girls as young as 13 will be sold for sex... was not as bad as rape...

      hahaha.. OMG....

      Hahaha. A teenager got gang raped and there wasn't jack shit she could do about it. Hahaha. The men that raped and beat her and threw her in a crate so she wouldn't tell will never have to answer for that or any other rape they committed over there. Hahaha. Isn't it great when the people we send to fight our wars get raped and beaten by their coworkers? The only thing better is that they're not allowd to sue anyone over it!

      That post was just retarded. There is a HUGE difference between what is real and what is imagined. ACORN's imaginary pimp asking how to house his imaginary underage hookers sucked and showed that some the the employees at ACORN were completely dishonest. And Republicans are braying for their total defunding because of that imaginary crime. But the REAL gang rape of a 19 year old girl, her subsequent being held hostage so she couldn't report it, and tampering with evidence, all while having a legal writ saying she can't hold anyone responsible - that is something we shouldn't care about, right? BS!!! If anyone really thinks that these are the same things or on the same scale, they are retarded. Not special. Not slow. Truly, mentally retarded. The only other explanation for believing something so ridiculous is that they can't disagree with Republicans, no matter how wrong those Republicans are. Which again, would make them retarded. This girl (and the girls that HAD to have come before her, or there never would have been an arbitration-only clause to begin with) were REAL people, real AMERICANS, trying to help win the war started by the last President. To treat them this way is disgusting, immoral and just plain WRONG. And so is anyone who would stand in the way of them being protected.
    • Angela  •  2 years 7 months ago
      Sandman,

      You're no one. Dressing up in an old, white man avatar doesn't make you important or intelligent. You're trying to change the subject of this blog to ANYTHING but what it is actually about. You're completely transparent. You've been told, and you've been told by more than one person. You cannot justify the Republican votes against this bill. You can't justify your words against this bill. You haven't discussed this bill's "inner workings", instead you've copped out, demanding others do your work for you. All you've done is dodge. You haven't written a single intelligent comment since you arrived on this blog.

      You're the one with the problem. I'm not having an "emotional reaction" which is a pathetically veiled attempt at calling me a hysterical female.

      It is UNCONSTITUTIONAL for a corporation to deny the people their right to sue for damages. Since it has been permitted to go on for so long BY REPUBLICANS, then a Constitutional amendment is necessary.

      Now, feel free to reinsert your head back into your ass.
    • MichaelG  •  2 years 7 months ago
      Angela, most republicans are against this new health care bill for many more reasons than that they dislike or do not approve of Obama. Don't assume everyone who doesn't share your views is vying for you and those who hold similar beliefs to fail. It's ignorant and shows that you are talking with your passion and not your mind. I do not, as you put it "support the removal of the peoples' rights by big corporations like Haliburtion." or rather "big oil and big pharma than the rights of the people." ... etc.
      So even though I dislike Franken I approve of the bill, but I also haven't had a chance to read it so I don't know what else it might contain. Mhu has a right to express his distaste for Franken and his distaste for your uneducated assumptions. But just because he feels a certain way doesn't mean he and/or Republicans fit into your stereotype of people who oppose the heath care bill. There are plenty of reasons that one might not agree with the healthcare bill. So stop swinging your rudimentary cudgel of ineptitude and ignorance at things or people you don't understand.

      Here's to maintaining the integrity of the intellectual community.

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