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.” I said there is a legal loophole which prevents criminal prosecution, but I believe the case needs to be prosecuted criminally and I think she should sue Haliburton, maybe next time this won’t happen if they pay out much dollars.
I get what you’re saying. it appears the loophole for criminal prosecution is one of law, in that jurisdiction is not conferred for such a prosecution by any statute.
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.” ...See, he states it is the law, not the contract that creates the loophole for avoiding criminal prosecution.
The civil litigation “loophole” is governed by the contract, which limits her legal recourse to arbitration and does not authorize a jury trial for monetary damages.
Frankenschmuck’s bill does not seem to address the criminal jurisdiction issue- it just states that federal funding will not be given to contractors who have contracts that limit access to the “courts”. She is trying to get past the arbitration provision, which is a civil remedy.
Now, if the bill also stated that the parties to a defense contract must stipulate to US criminal court jurisdiction of any contractor who breaks US criminal laws, then he would have accomplished something worthwhile.