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Old 12-03-2009, 08:50 PM
 
69,368 posts, read 64,101,577 times
Reputation: 9383

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Ahhh ooooh.. It seems that the bill was nothing more than a PR stunt.

Federal courts have already ruled that contractors can be sued for rapes taken place in Iraq..

http://blog.taragana.com/law/2009/09/15/appeals-court-contractors-lawsuit-against-halliburton-claiming-rape-in-iraq-can-go-to-trial-12471/

http://abcnews.go.com/Blotter/story?id=4829320&page=1

As I said, one can not sign away their rights to sue, in violation of the law...

So much for this GOP hate thread...
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Old 12-03-2009, 08:53 PM
 
69,368 posts, read 64,101,577 times
Reputation: 9383
Quote:
Originally Posted by Smash255 View Post
Soldiers, and private contractors are different...
And the same goes true for contractors..

Sexual Assault Charges for Former Iraq Contractor - ABC News
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Old 12-03-2009, 09:01 PM
 
Location: Long Island (chief in S Farmingdale)
22,187 posts, read 19,459,426 times
Reputation: 5303
Quote:
Originally Posted by pghquest View Post
Ahhh ooooh.. It seems that the bill was nothing more than a PR stunt.

Federal courts have already ruled that contractors can be sued for rapes taken place in Iraq..

http://blog.taragana.com/law/2009/09/15/appeals-court-contractors-lawsuit-against-halliburton-claiming-rape-in-iraq-can-go-to-trial-12471/

Halliburton Rape Claim Goes to Court - ABC News

As I said, one can not sign away their rights to sue, in violation of the law...

So much for this GOP hate thread...

If you bothered to even listen to Fraken's comments, (which was posted a few pages back) the ruling was for the 5th district court only and does not apply to other jurisdictions. Also this took several years to even get the opportunity to get this to court.
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Old 12-03-2009, 09:05 PM
 
69,368 posts, read 64,101,577 times
Reputation: 9383
Quote:
Originally Posted by Smash255 View Post
If you bothered to even listen to Fraken's comments, (which was posted a few pages back) the ruling was for the 5th district court only and does not apply to other jurisdictions. Also this took several years to even get the opportunity to get this to court.
Its in federal court, and federal courts, while regional, dictate laws on a nationwide basis, especially considering we are dealing with actions taken in Iraq..

We are a NATION of laws, and rape is against the law nation wide.. A contract deemed illegal in 5th district FEDERAL court, would also be illegal in all other federal courts. Its called a legal presidence. It only takes ONE judge to deem something illegal, and then all future cases can use that judges ruling to continue to trial.

The only people above the federal judges, is the Supreme Court, and unless the Supreme Court ruled that the contract is legal, the federal judges ruling stands.
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Old 12-03-2009, 09:11 PM
 
Location: Long Island (chief in S Farmingdale)
22,187 posts, read 19,459,426 times
Reputation: 5303
Quote:
Originally Posted by pghquest View Post
Its in federal court, and federal courts, while regional, dictate laws on a nationwide basis, especially considering we are dealing with actions taken in Iraq..

We are a NATION of laws, and rape is against the law nation wide.. A contract deemed illegal in 5th district FEDERAL court, would also be illegal in all other federal courts. Its called a legal presidence. It only takes ONE judge to deem something illegal, and then all future cases can use that judges ruling to continue to trial..
Keyword is CAN. One judge can deem something illegal, but it does not mean other judges are obligated to follow suit. Many times they do follow suit, but they do not have to follow suit.
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Old 12-03-2009, 09:16 PM
 
69,368 posts, read 64,101,577 times
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Quote:
Originally Posted by Smash255 View Post
Keyword is CAN. One judge can deem something illegal, but it does not mean other judges are obligated to follow suit. Many times they do follow suit, but they do not have to follow suit.
That would be true, except for the fact that the US has already lifted the immunity from the Iraq courts January 09
Security firms told they lose immunity in Iraq: official

And lifted the immunity in american courts in 2007
http://www.boston.com/news/world/art...lose_immunity/

Last edited by pghquest; 12-03-2009 at 09:27 PM..
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Old 12-03-2009, 09:32 PM
 
Location: Long Island (chief in S Farmingdale)
22,187 posts, read 19,459,426 times
Reputation: 5303
Quote:
Originally Posted by pghquest View Post
That would be true, except for the fact that the US has already lifted the immunity from the Iraq courts January 09
Security firms told they lose immunity in Iraq: official

And lifted the immunity in american courts in 2007
Contractors in war zones lose immunity from military prosecutions - The Boston Globe
None of which address the issue of civil proceedings.
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Old 12-03-2009, 11:00 PM
 
48,502 posts, read 96,848,488 times
Reputation: 18304
Franken is a political hack;plain and simple.
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Old 12-03-2009, 11:36 PM
 
900 posts, read 672,929 times
Reputation: 299
Quote:
Originally Posted by pghquest View Post
Its in federal court, and federal courts, while regional, dictate laws on a nationwide basis, especially considering we are dealing with actions taken in Iraq..

We are a NATION of laws, and rape is against the law nation wide.. A contract deemed illegal in 5th district FEDERAL court, would also be illegal in all other federal courts. Its called a legal presidence. It only takes ONE judge to deem something illegal, and then all future cases can use that judges ruling to continue to trial.

The only people above the federal judges, is the Supreme Court, and unless the Supreme Court ruled that the contract is legal, the federal judges ruling stands.
Apparently you do not understand the nature of the Appellate Court process. The 5th Circuit Decision is binding only within the 5th Circuit. Please don't post about things you know nothing about. While judges in other courts may find the 5th Ciruit ruling interesting or valuable, they are under no obligation to follow that ruling.

Only U.S. Supreme Court decisions are binding on all jurisdictions.
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Old 12-03-2009, 11:38 PM
 
900 posts, read 672,929 times
Reputation: 299
Quote:
Originally Posted by texdav View Post
Franken is a political hack;plain and simple.
And those Republican Senators who voted against his bill are pro-Rapist.
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