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A little more than six years ago, Lt. Col. Dominic “Rocky” Baragona was on his way home. He had a long journey ahead, but he was looking forward to it. Colonel Baragona was serving in Iraq, and his tour was up. He had just spoken with his father by satellite phone, telling him that he’d be in Kuwait the next day to board his flight back, “unless something stupid happens.” Hours later, something stupid happened. A private truck carrying supplies on a U.S. military contract careened three lanes across a highway and struck the humvee in which Colonel Baragona was traveling. He died in a gruesome traffic accident. After an investigation, the military concluded that the incident involved serious negligence by the contractor but no criminal wrongdoing. Colonel Baragona’s family filed suit against the Kuwaiti contractor in federal court in Georgia. They secured a default judgment, and then the contractor came back to court to reopen the case.
The contractor got the judgment vacated on the grounds that the court had no in personam jurisdiction to handle the suit. Watching the lawyers for the contractor high-five one another was almost as painful an experience as the first word of his son’s death, Mr. Baragona said. “They bragged, ‘We never even had to notify our insurer.’” The contractor had been required by U.S. contracting rules to take out insurance to cover just such an event–not that it mattered, since no American court could require them to pay. Neither could any court in Iraq, it turns out, because of Order No. 17, issued by Paul Bremer as American proconsul, which had granted contractors immunity from process in Iraqi courts. The contractor, it turned out, had been completely immunized for its wrongful acts.
On Wednesday, the Senate Armed Services Committee’s contractor oversight subcommittee took a look at the Baragona case with the clear intention of closing this loophole. Dominic Baragona, Sr., the colonel’s father, gave moving testimony about his long struggle for justice. I also appeared and supported efforts to clarify the scope of jurisdiction granted U.S. courts over U.S. government contractors. Read an account of the hearing here. Read my testimony here.
I was impressed by how well the legislation’s sponsors, Claire McCaskill (D-Mo.) and Robert Bennett (R-Utah), had laid the groundwork for the hearing, as well as by the depth of their questioning. Senator Jon Tester (D-Mont.) also weighed in, probing the scope of immunity. Change is on the way.
More from Scott Horton:
Conversation — March 30, 2016, 3:44 pm
Joseph Hickman discusses his new book, The Burn Pits, which tells the story of thousands of U.S. soldiers who, after returning from Iraq and Afghanistan, have developed rare cancers and respiratory diseases.
In Havana, the past year has been marked by a parade of bold-faced names from the north — John Kerry reopening the United States Embassy; Andrew Cuomo bringing a delegation of American business leaders; celebrities ranging from Joe Torre, traveling on behalf of Major League Baseball to oversee an exhibition game between the Tampa Bay Rays and the Cuban national team, to Jimmy Buffett, said to be considering opening one of his Margaritaville restaurants there. All this culminated with a three-day trip in March by Barack Obama, the first American president to visit Cuba since Calvin Coolidge in 1928. But to those who know the city well, perhaps nothing said as much about the transformation of political relations between the United States and Cuba that began in December 2014 as a concert in the Tribuna Antiimperialista.
Chances that a Republican man believes that “poor people have hard lives”:
A school in South Korea was planning to deploy a robot to protect students from unwanted seductions.
Nuremberg’s Neues Museum filed a criminal complaint against a 91-year-old woman who completed a crossword puzzle that was in fact a $116,000 piece of avant-garde Danish art.
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“Matt was happy enough to sustain himself on the detritus of a world he saw as careening toward self-destruction, and equally happy to scam a government he despised. 'I’m glad everyone’s so wasteful,' he told me. 'It supports my lifestyle.'”