Archive for the ‘Private Sector Scandals’ Category

On the “I Can Believe It” Argument

Tuesday, December 11th, 2007

Two years ago, Doug Thompson fooled a bunch of fire-breathing lefties into thinking our next big national debate was going to be about whether the Constitution means anything. At all. He did this by peddling a charming chestnut about an outburst supposedly spewed by President Bush in a meeting.

Last month, Republican Congressional leaders filed into the Oval Office to meet with President George W. Bush and talk about renewing the controversial USA Patriot Act.

Several provisions of the act, passed in the shell shocked period immediately following the 9/11 terrorist attacks, caused enough anger that liberal groups like the American Civil Liberties Union had joined forces with prominent conservatives like Phyllis Schlafly and Bob Barr to oppose renewal.

GOP leaders told Bush that his hardcore push to renew the more onerous provisions of the act could further alienate conservatives still mad at the President from his botched attempt to nominate White House Counsel Harriet Miers to the Supreme Court.

“I don’t give a goddamn,” Bush retorted. “I’m the President and the Commander-in-Chief. Do it my way.”

“Mr. President,” one aide in the meeting said. “There is a valid case that the provisions in this law undermine the Constitution.”

“Stop throwing the Constitution in my face,” Bush screamed back. “It’s just a goddamned piece of paper!”

I’ve talked to three people present for the meeting that day and they all confirm that the President of the United States called the Constitution “a goddamned piece of paper.”

Those three people are supposedly public servants, but of course Doug Thompson could never ever reveal his sources. All right, fair enough — I can buy that officials will tell a reporter something “off the record.”

What I can’t buy, is a high ranking official of the executive branch closing his office door, whipping out his palm pilot or his Outlook contact list or his plain ol’ Rolodex or Yellow Pages, skimming past the Washington Post, and dialing up “Capitol Hill Blue” to spill the beans on what the boss just said. Because in the last month of ’05, there was substantial blog-buzz about “did he really say that?” Amid the dizzying hubbub of “well, I don’t need too much proof because that’s just part & parcel of how this administration works” (in which case…wherein lies the necessity of you saying that?), occasionally someone would show a little restraint and point out — hey, we’ve only heard this from one place, and that one place is Doug Thompson.

Sadly, that includes the first handful of commenters over at — of all places — DailyKOS.

Thompson wrote a follow-up piece called “Where There’s Smoke, There’s Ire.” It’s no longer there. But I found a copy of the first paragraph here.

The firestorm over Friday’s column quoting President George W. Bush’s obscene outburst over the Constitution continues to grow with our email box overflowing from outraged readers who think the President should be impeached along with pro-Bushites who want my head on a platter.

Let me see if I can construct the rest of it from memory. Thompson had a story about trying to follow up with his “three people present for the meeting that day.” For some reason, his leads had grown soft. And so he did the only sensible thing — he removed this follow-up piece after posting it, and left the original chestnut where you can find it today.

Are you following what I just described? He got hold of something second hand. He published it and became a legend on the innernets. A bazillion and one people knew the name “Capitol Hill Blue,” who had not heard it before. (If I remember right, I was one of those.) He said, hey, this actually has some legs — if I’ve been snookered on this thing, I’m really going to look like an ass. Better check it out. He documented his attempts to check it out. But he found nothing, or next to nothing. So he took down the chronicling of his attempt to check out the story…in it’s place is the message: This article has been removed from our database because the source could not be verified.

But the original story he could not check out is exactly where it’s always been. From the day it went up, all the way through to the very moment in which I type the sentence you’re reading now. The story that made Capitol Hill Blue famous…which nobody thinks really happened, once it comes time to bet some reputations on it. It is left whole, at it’s original address, undented and unscratched. Hey, no such thing as bad publicity, right?

I explore this story in order to point out something about human nature, and how we handle truth. This is a great example of circular reasoning. The leftist argument about why this story matters is, if I were to make up something about you calling the Constitution nuthin-but-a-g.d.-piece-o-paper, the sole source argument would do some damage because you probably don’t have a track record of disrespecting the Constitution. But when Doug Thompson did that with President Bush, we should all believe it, because that’s “how this administration operates” and “I don’t need much to convince me he said that.”

And President Bush’s disrespect of the Constitution needs no substantiation, of course. It is the stuff of legend. Just do a Google sometime and you’ll see how well-documented this disrespect is. Documented…with little tidbits…just like this one. Which, in turn, rest on Bush’s well-established disrespect of the Constitution.

See, the anecdote relies on the trend for what little credibility it has, and the trend relies on more anecdotes just like this one. A proves B and B proves A. In a universe in which this does anything to elucidate at all, you could sit in a big bucket and lift yourself by the handle.

Now if one is dissatisfied with simply exposing the threadbare composition of this assertion, and really wants to deal it a wallop, it turns out that is pretty easy too. President Bush’s disrespect of the Constitution is supposedly so thoroughly demonstrated, that a careless piece of gossip that would be that and nothing more if it were about anybody else, suddenly becomes believable, and even a piece of what might be called “news”, when it is about him. Alright. If that is the situation as it now exists, then, from where arises the necessity to discuss it at all? There’s really nothing to argue about then, is there? We all just “know” this thing about President Bush. Maybe he said it and maybe he didn’t — the fable that he said it, then, ends up being just butter masquerading as the toast.

JonesAnd therein lies my tie-in to the whole thing about Ms. Jones, former employee of Kellogg Brown Root.

A Houston, Texas woman says she was gang-raped by Halliburton/KBR coworkers in Baghdad, and the company and the U.S. government are covering up the incident.

Jamie Leigh Jones, now 22, says that after she was raped by multiple men at a KBR camp in the Green Zone, the company put her under guard in a shipping container with a bed and warned her that if she left Iraq for medical treatment, she’d be out of a job.

“Don’t plan on working back in Iraq. There won’t be a position here, and there won’t be a position in Houston,” Jones says she was told.

In a lawsuit filed in federal court against Halliburton and its then-subsidiary KBR, Jones says she was held in the shipping container for at least 24 hours without food or water by KBR, which posted armed security guards outside her door, who would not let her leave.

“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.”

Is she telling the truth? Maybe; maybe not. But it’s the same situation as President Bush calling the Constitution a goddamn piece of paper: There is no reason to show any skepticism toward it, until I start to take it seriously — at that point, there is an abundance of reasons. Let’s continue with the article first…

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.

“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.

According to her lawsuit, Jones was raped by “several attackers who first drugged her, then repeatedly raped and injured her, both physically and emotionally.”

Jones told ABCNews.com that an examination by Army doctors showed she had been raped “both vaginally and anally,” but that the rape kit disappeared after it was handed over to KBR security officers.

A spokesperson for the State Department’s Bureau of Diplomatic Security told ABCNews.com he could not comment on the matter.

Over two years later, the Justice Department has brought no criminal charges in the matter. In fact, ABC News could not confirm any federal agency was investigating the case.

Legal experts say Jones’ alleged assailants will likely never face a judge and jury, due to an enormous loophole that has effectively left contractors in Iraq beyond the reach of United States law.

“It’s very troubling,” said Dean John Hutson of the Franklin Pierce Law Center. “The way the law presently stands, I would say that they don’t have, at least in the criminal system, the opportunity for justice.”

Congressman Poe says neither the departments of State nor Justice will give him answers on the status of the Jones investigation.

Asked what reasons the departments gave for the apparent slowness of the probes, Poe sounded frustrated.

“There are several, I think, their excuses, why the perpetrators haven’t been prosecuted,” Poe told ABC News. “But I think it is the responsibility of our government, the Justice Department and the State Department, when crimes occur against American citizens overseas in Iraq, contractors that are paid by the American public, that we pursue the criminal cases as best as we possibly can and that people are prosecuted.”

Since no criminal charges have been filed, the only other option, according to Hutson, is the civil system, which is the approach that Jones is trying now. But Jones’ former employer doesn’t want this case to see the inside of a civil courtroom.

KBR has moved for Jones’ claim to be heard in private arbitration, instead of a public courtroom. It says her employment contract requires it.

In arbitration, there is no public record nor transcript of the proceedings, meaning that Jones’ claims would not be heard before a judge and jury. Rather, a private arbitrator would decide Jones’ case. In recent testimony before Congress, employment lawyer Cathy Ventrell-Monsees said that Halliburton won more than 80 percent of arbitration proceedings brought against it.

In his interview with ABC News, Rep. Poe said he sided with Jones.

“Air things out in a public forum of a courtroom,” said Rep. Poe. “That’s why we have courts in the United States.”

In her lawsuit, Jones’ lawyer, Todd Kelly, says KBR and Halliburton created a “boys will be boys” atmosphere at the company barracks which put her and other female employees at great risk.

“I think that men who are there believe that they live without laws,” said Kelly. “The last thing she should have expected was for her own people to turn on her.”

Halliburton, which has since divested itself of KBR, says it “is improperly named” in the suit.

In a statement, KBR said it was “instructed to cease” its own investigation by U.S. government authorities “because they were assuming sole responsibility for the criminal investigations.”

“The safety and security of all employees remains KBR’s top priority,” it said in a statement. “Our commitment in this regard is unwavering.”

Since the attacks, Jones has started a nonprofit foundation called the Jamie Leigh Foundation, which is dedicated to helping victims who were raped or sexually assaulted overseas while working for government contractors or other corporations.

“I want other women to know that it’s not their fault,” said Jones. “They can go against corporations that have treated them this way.” Jones said that any proceeds from the civil suit will go to her foundation.

“There needs to be a voice out there that really pushed for change,” she said. “I’d like to be that voice.”

If I were inclined to believe this story, and not only that but to persuade others to believe it, as many people as I could possibly contact — and believe me, there are people who look at this story exactly that way — I would be very troubled by the contents. They seem almost carefully designed to back the listener into a corner, in which the only option available is to believe the alleged victim and Congressman Poe. KBR has nothing, because the Government is assuming sole responsibility for criminal investigations. Alrighty, then isn’t someone just getting into a whole bushel of trouble for allowing the sexual assault kit to be handed over to KBR security personnel, who then “lost” it?

That a KBR spokesman is commenting at all, is an indication to me that something took place. But the rest of the story gives indications that bread crumbs should have been dropped here & there. The State Department, in effect, “raided” contractor facilities. Two years later, all we have is the word of the victim, along with the Congressman who got things rolling. Here’s what we get about that: “A spokesperson for the State Department’s Bureau of Diplomatic Security told ABCNews.com he could not comment on the matter.” Can’t we have some more? Is that just him, or the actual Department? If it is the actual Department, what is the stated reason? National security? A phone was used to call family and let ’em know something was going on. There should be a record of that. It’s been two years.

What does “I want other women to know that it’s not their fault” mean? The situation of an epidemic, in which something between a bare plurality and an overwhelming glut of female contractors are being vaginally and anally raped and then locked up in trailers, is not raised anywhere else in the article — stem to stern, it is treated as an isolated case involving Ms. Jones alone.

But probably the most damning thing of all against the story is that there are NO names. None at all. Even where there clearly should be some. Who’s running that outfit, with the big portable trailer outside the offices with the rape victim locked up in it? Gosh, he should be in a lot of trouble, huh. What, is his name classified? What about the person who threatened her job? Is his name classified too?

Is this the way whistle-blowing works? You bravely step forward against these cowardly, corrupt white males who engineered and covered-up your sexual assault…but, in the name of national security, make sure their names are kept out of the limelight? Well, maybe so. That is not how it worked with Abu Ghraib, in which case, by the time I heard about it the DoD was already conducting it’s own investigation. That didn’t matter. Once the story broke I knew names, dates, who was responsible for what. The public had a right to know, and all that.

In this case, only half the cat seems to have been let out of the bag. A strategically-selected portion of the cat. Just enough to convince me one person said something was a certain way, and I should just…believe it. One person. Not just any person, but the person who was drugged-up on God-knows-what when all the excitement was taking place.

But here’s what I find really unsettling about this — the circular reasoning part of it. The linkage of that name “Halliburton” may be improper; they divested themselves of the KBR subsidiary this last spring. And while at the moment Ms. Jones was supposedly still locked in a trailer, they were still the parent company, nevertheless any four-year-old should be able to see why the H-word is really being tossed around. This has nothing to do with re-encapsulation of facts as they occurred. It has to do with visibility. “Halliburton” is virtually a household name, “KBR” is not. This is a Kellogg Brown Root matter involving KBR personnel and officials, assuming it happened as stated at all.

The anecdote is proven by the trend — the Halliburton trend, not the KBR trend, which would be more relevant but possesses far less name-recognition — and the trend is proven by anecdotes like this one. On whether there is a vast litany of chronicles about sexual assaults and other shenanigans being conducted within the KBR sphere, I’m not in a position to say one way or the other. But if there is such a thing, and this story is to ultimately rely on the circular-reasoning “nature of the beast” argument, then at the very least I would say that is what should be under discussion, not the notoriety achieved by former parent company Halliburton. If KBR does have such a track record, and it’s opened to inspection and provides all the substance I demand here — then, rightfully, there ought not be much urgency in discussing Ms. Jones’ case, ought there? It either sets a new low for KBR or it doesn’t. Can’t have it both ways.

I’m left with something pretty disturbing. Something almost certainly happened, probably to Ms. Jones. It seems that she, Congressman Poe, and the reporters contacted have been frustrated trying to figure out where this government investigation is going, and decided to appeal to Vox Populi. Rabble-rousing was the only way to get some satisfaction here. I say, if that is the case then let’s give them what they want. We should, at the very least, have an understanding of who is in charge of such an investigation.

It’s mighty suspicious, in my eyes, that we don’t at least have that. Our government isn’t supposed to be that opaque. But if we’re going to storm the capitol with pitchforks and torches, I think we should keep in mind what it is we don’t know. This is a situation in which an investigation is not simply a formality — we really don’t know what happened, or for that matter if anything did.

Forget It Ever Happened

Tuesday, September 25th, 2007

Like the psychotic penguin says in this movie, you…didn’t…see…nuthin’.

Because Move On From Some Things, Dwell Endlessly On Other Things Dot Org is going to be wiring over the difference — so forget everything. Scandal over.

Move on, as they say.