No Comment — November 20, 2009, 3:15 pm

Grappling with Contractor Immunity

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.

Share
Single Page

More from Scott Horton:

From the April 2015 issue

Company Men

Torture, treachery, and the CIA

Six Questions October 18, 2014, 8:00 pm

The APA Grapples with Its Torture Demons: Six Questions for Nathaniel Raymond

Nathaniel Raymond on CIA interrogation techniques.

No Comment, Six Questions June 4, 2014, 8:00 am

Uncovering the Cover Ups: Death Camp in Delta

Mark Denbeaux on the NCIS cover-up of three “suicides” at Guantánamo Bay Detention Camp

Get access to 165 years of
Harper’s for only $45.99

United States Canada

CATEGORIES

THE CURRENT ISSUE

July 2015

One Day Less

= Subscribers only.
Sign in here.
Subscribe here.

Dressed to Kill

= Subscribers only.
Sign in here.
Subscribe here.

Wrong Prescription?

= Subscribers only.
Sign in here.
Subscribe here.

Travel Day

= Subscribers only.
Sign in here.
Subscribe here.

Fugue State

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Article
Avian Voices·

= Subscribers only.
Sign in here.
Subscribe here.

“The mockingbird’s bath is an orgy of thrashing and writhing about. When he has finished, one of the innocents alights on the rim of the basin and looks with disbelief at the thimble of water remaining.”
Illustration by Eric Hanson
[Browsings]
Before the War·

= Subscribers only.
Sign in here.
Subscribe here.

“I’m worried that what the Houthis did to push Yemen into a civil conflict in September 2014, the Saudis may end up doing again when they end their campaign by eliminating the Houthis.”
Photograph by Alex Potter
Article
The Speakeasy·

= Subscribers only.
Sign in here.
Subscribe here.

“In order to understand how Marty’s could survive as an institution, I returned a year after my first visit to spend a week at what was sure to be the world’s bleakest comedy club.”
Photograph by Mike Slack
Post
The Lost Land·

= Subscribers only.
Sign in here.
Subscribe here.

“I had first encountered some of these volumes—A Swiftly Tilting Planet, The Giver—as a child, and during adolescence, they registered as postcards from a homeland recently abandoned.”
Photograph by the author
Article
Wrong Prescription?·

= Subscribers only.
Sign in here.
Subscribe here.

“Whatever the slogans suggested, the A.C.A. was never meant to include everyone.”
Illustration by Taylor Callery

Estimated cost of the environmental damage caused each year by the world’s 3,000 largest companies:

$2,200,000,000,000

Two thirds of U.S. teenagers experience uncontrollable rage.

Beekeepers began extracting 1 million honeybees living beneath the siding of a house in New York State.

Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!

HARPER’S FINEST

Subways Are for Sleeping

By

“Shelby is waiting for something. He himself does not know what it is. When it comes he will either go back into the world from which he came, or sink out of sight in the morass of alcoholism or despair that has engulfed other vagrants.”

Subscribe Today