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May 10, 2008

Jamie Leigh Jones Gets Her Day In Court

By Cernig

Good news for the rule of law:

A Houston woman who says she was gang raped by co-workers at a Halliburton/KBR camp in Baghdad won a major court battle late Friday when a Texas judge ordered that she can bring her case to court instead of forcing her into secretive arbitration proceedings with Halliburton and KBR.

"We are ecstatic that [District Judge Keith Ellison] had the courage to uphold justice in this case," Jamie Leigh Jones'attorney Todd Kelly said after the decision.

And bad news for those who would wish to sidestep the law, even where such extreme circumstances are alleged, just to favor their own corporate bottom line.

After months of waiting for criminal charges to be filed, Jones decided to file suit against Halliburton and KBR.

KBR had moved for Jones' claim to be heard in private arbitration, instead of a public courtroom, as provided under the terms of her original employment contract.

Ellison, however, wrote in his order Friday that Jones' claims of sexual assault, battery, rape, false imprisonment and others fall beyond the scope of her employment contract.

"The Court does not believe that Plaintiff's bedroom should be considered the workplace, even though her housing was provided by her employer," Ellison wrote.

In arbitration, there is no public record nor transcript of the proceedings and Jones' claims would not have been heard before a judge and jury.

...Over the two years since she was allegedly attacked, no criminal charges have been brought in the matter.

That last fact should be a matter of shame for America every bit as abhorrent as any torture of detainees.

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"Whoever can speak, speaking now to the whole nation, becomes a power, a branch of government, with inalienable weight in law-making, in all acts of authority. It matters not what rank he has, what revenues or garnitures. The requisite thing is, that he have a tongue which others will listen to; this and nothing more is requisite. The nation is governed by all that has tongue in the nation: Democracy is virtually there."
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~Thomas Carlyle, On Heroes and Hero Worship, 1841