by Cam Simpson
Chapter 13
1. In the end, members of the jury didn’t buy her story: Paul Oldenburgh, 6 Days in Baghdad: Jamie Leigh Jones and Her Story of Sexual Assault as Told at Trial in Houston (Houston, TX: self-published, 2012); Stephanie Mencimer, “Why Jamie Leigh Jones Lost Her KBR Rape Case; Her Story of a Brutal Attack in Iraq Sparked a National Outcry—but the Jury Didn’t Buy It,” Mother Jones, July 7, 2011; and Stephanie Mencimer, “The War of Rape: What Happened to Jamie Leigh Jones in Iraq?” Washington Monthly, Nov./Dec. 2013.
2. the company’s lawyers had asked . . . “That Doesn’t Mean Most Women Do”: “Key Events in the Story of Jamie Leigh Jones,” Houston Chronicle, Oct. 2, 2011; and Mike Tolson, “Court Costs Awarded to KBR Lawyers in Rape Case; Claimant Lost Suit, Ordered to Pay $145,000,” Houston Chronicle, Sept. 28, 2011.
Chapter 15
1. Before he became a judge . . . “should resign”: Confirmation Hearings: Hearing Before the Committee on the Judiciary.
2. Blackmun was known as someone who was unyieldingly fair: Diane P. Wood, “Justice Harry A. Blackmun and the Virtues of Independence,” 71 North Dakota Law Review 25 (1995), available at http://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=3043&context=journal_articles.
Index
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ABC World News Tonight, 51–52
Absi, Wadih al-, 106
Adhikari, Prakash, 102–3, 122, 308
civil action filed and, 217
Jordan arrival and departure records, 127
letter to his parents, 102–3, 287
Adhikari et al. v. Daoud & Partners et al.
Alien Tort Statute and, 179, 250–51, 279, 281, 323, 325, 339, 340n
antitrafficking law and, 249, 310–11, 325, 326, 331–32, 340n
California judge assigned to, 221
coconspirators named in, 217
Daoud’s lawyer’s argument for dismissal, 258–60
“dead men tell no tales” defense, 233–35, 236, 259, 260, 321–22
discovery phase, KBR tactics, 264–66, 274–78, 281–82, 286–87, 301, 311, 320
dismissal of Daoud portion of the case, 326–27
dismissal of lawsuit, original judgment and reconsideration, 325–27, 333, 335–36
dismissal of lawsuit upheld by the Fifth Circuit federal court, 339–41, 340n
evidence that KBR badges were given to deceased Nepalis and Gurung, 241
evidence that KBR officials met the Nepalis at the border, 241
evidence that KBR allegedly threatened TCNs at Al Asad Air Force Base, 241
execution video and, 235–36, 333
filing, 216–17, 218
filing fee, 223
(Buddi) Gurung’s testimony and, 237–39, 241, 282–84, 285, 287, 290
Houston Federal Courthouse and, 222
Houston judge recused from, 222–23
judge assigned to, 223, 230, 231 (see also Ellison, Keith P.)
judge orders KBR to reimburse costs of misconduct allegations, 341
judge’s concerns about the case, 243
judge’s questions, 223–24, 226, 231–42, 321
jurisdiction for, 219
KBR demand to move case to Houston, 219–20
KBR “knowing” issue, 153, 311, 312–14, 316, 321–22
KBR’s Baker & Hostetler defense team, 226, 227–31, 262–63, 265, 274–77, 284–85, 289–90 (see also Donley, Billy; Mengis, Michael; Rivkin, David)
KBR’s Baker & Hostetler lawyers fired, 327
KBR’s Harrison-led defense team, 330–33 (see also Harrison, Geoffrey)
KBR lawyers’ hostility, 274, 284–87
KBR lawyers shifting blame to Daoud, 262, 263
KBR’s motion for summary judgment, 285–89, 301, 311–12, 316, 320–22
KBR’s motion to dismiss and hearing of Oct. 8. 2009, 223, 230–43, 249–52, 264
Kiobel v. Royal Dutch Petroleum case and, 280–82, 322–27, 335–36
Magar deposition, 3–10, 290, 291–300
misconduct charges against Fryszman, 288–89, 290, 295, 301, 303, 310, 326
phone conference, status hearing, 300–304
plaintiffs’ attorneys, 6, 173–78, 186, 300 (see also Cohen Milstein Hausfeld and Toll law firm; DiCaprio, Anthony; Fryszman, Agnieszka; Handley, Matthew; Hausfeld, Michael; Hoffman, Paul; McOwen, Molly)
plaintiffs’ names, 217
preponderance of the evidence needed by plaintiffs to win the case, 233
statute of limitations and, 218, 242, 251
violations charged by, 217–18, 223–24
See also twelve murdered Nepalis
Afghanistan, 144, 345
Al Asad Air Base, Iraq, 43, 82
as destination for the murdered Nepali men, 116, 263, 322
KBR and Daoud operations at, 158, 159, 220–21, 307–10, 316–17, 322
KBR corruption allegations at, 317–19
KBR Procurement Manager at (Gerlach), 220, 263, 266, 312, 315–17, 320
KBR alleged threats against TCNs, 241
KBR workers testifying about TCNs being trafficked to, 313–14
Laundry Contract, 263, 266, 317
search for other Nepalese men who worked at, 199–201
sworn declarations about human trafficking at, 302
worker’s contract with Daoud and, 202
Alien Tort Statute of 1789, 179, 250, 279, 323, 325, 339, 340n
Al Jazeera news network, 48, 105
Al Qaeda, 144–45
Al Taqaddum Air Base, Iraq, 308
Amman, Jordan, 39, 41
Abdali neighborhood, 76, 123
airport, 72, 123
author in, 61, 63, 116, 123, 125–26
“Highway Through Hell” to Baghdad, 116–18, 119, 120, 127, 200, 218, 325
hotels of, 62 (see also Le Royal Hotel)
Iraq Baath Party members in, 62, 62n
Iraq War, prosperity, and construction boom, 62–63, 75
labor brokers in, 61, 65 (see also Mansour, Amin; Mansour, Eyad; Nadi, Ali Kamel al-)
Nepalis held at No. 58 Malfuf Street and forcibly sent to Iraq, 108, 126, 127, 129–32, 158, 310
phone numbers in used by murdered Nepalis, 102, 125–28
Apple company, 345, 346, 347
Army of Ansar al-Sunna, 43, 48–49, 51–52
Associated Press, Mansour and, 63–64, 71
Austin, “Stone Cold” Steve, 122
Baghdad, Iraq, 48, 51, 62, 118, 147, 312
airport, 117, 145
Green Zone, 146
Jones lawsuit against KBR and, 228
Victory Base Complex and Camp Liberty, 145, 158
See also “Highway Through Hell”
Bahrain, 34, 36
Baker & Hostetler law firm, 228, 231, 281, 283
effort to name the U.S. government as a “responsible third party,” 327
fired by KBR, 327
Nepali witnesses deposed at, 295–96, 304, 305
See also Donley, Billy; Mengis, Michael; Rivkin, David
Balkans, 143, 146, 156
Bangladesh, 67, 328
Banks, Duane, 314–15, 321
Banna, Yazan, 260
Barko, Harry “Hap,” Jr., 316–19
Basnet, Shakuntala, 167–68
BBC News, 51, 312
Berg, Nicholas, 46, 47, 50, 52
Bhatta, Biplav, 308–10
Bhujel, Surya, 208, 329, 330, 343
Bisharat company, 64, 73, 77
Blackmun, Harry, 247, 334–35
Blackwater USA, 52, 118, 146
Bloomberg Businessweek, exposé of Apple’s labor practices, 345
“body shops,” 73, 74, 82, 120, 127, 217, 259
See also specific companies; specific labor brokers
Bradley, Mark Philip, 344
Brown, George, 135, 136n,
137, 140, 141, 222
Brown, Herman, 134–41, 222
Brown and Root company. See KBR
Bush, George H. W., 142
Bush, George W., 144, 155, 221
Cheney and, 74
Guantánamo Bay and, 229
Iraq War and, 44, 144–45
torture justification and, 229
waives rules for Iraq allies, 191
Camp Arifjan, Kuwait, 311–12
Camp Fallujah, Iraq, 307, 309–10
Caro, Robert, 135, 136, 136n, 137
Casey, Bob, 222
Casey, George, 149, 193–94, 214
Casey, Lee, 230–31
Cheney, Dick, 74, 142, 144
Balkans peacekeeping force and, 143
Halliburton and, 133–34, 143, 155–56
as Iraq War advocate, 134
presidential hopes of, 133
privatization, U.S. military, and, 142
Chicago Tribune
author working for, 63
Madhani reporting from Iraq, 146
photographer for, 128, 129
series on exploitation of imported workers and twelve dead Nepali men, 158–59, 191, 193, 233–34, 259–60, 282, 288
Clinton, Bill, 192, 248
Clinton, Hillary, 153–54
Cohen, Jerry, 174–75, 176
Cohen Milstein Hausfeld and Toll law firm, 173–74
civil action against Daoud and Partners and KBR, 215–17, 221, 264–66 (see also Adhikari et al. v. Daoud & Partners et al.)
class-action practice, 173–74, 214, 215–16
compensation case for twelve murdered Nepalis, 184–87, 214, 218
firm expansion, 216
Handley’s annual review at, 173–74
Hausfeld forced out of firm, 216, 221
pro bono cases, 174, 176, 177, 183, 184, 214
sexual harassment lawsuits by, 175
suing Exxon for Alaska oil spill, 175, 175n
suing Swiss banks for Holocaust survivors, 175–76, 215–16, 218
suing Texaco on race discrimination, 175
suing Union Carbide for Bhopal pesticide accident, 175, 176
See also Fryszman, Agnieszka; Handley, Matthew; Hausfeld, Michael; McOwen, Molly
Cook, Craig, 267–69, 271, 273, 287, 343
Corcoran, Tommy, 136
Cosby, Bill, 258
Crowley, Terrilyn, 3–4
Cruikshank, Thomas H., 133
dalals (middleman or agent), 95–96, 105
fees and, 99–100
Moon Light and, 97, 99, 100, 103
for twelve murdered Nepalis, 95–96, 97, 98, 99, 100, 103, 288
Daoud and Partners, 74, 75, 261
alleged mistreatment and deaths of foreign workers under its employ, 82
bait-and-switch tactics of, 82, 312
Barko’s lawsuit in, 316–19
Bhatta’s testimony and, 309–10, 313
civil action against, 212–13, 216–21, 257–61, 282–84, 326–27 (see also Adhikari et al. v. Daoud & Partners et al.)
compensation case against, 195, 196, 197–98, 200–204, 210
as contractor for KBR, 82, 116, 119, 147, 151, 157, 158, 194, 197–98, 307–10, 317–18
disappearance of, 240, 256
in Geneva, Switzerland, 257
Handley’s discovery demand and, 197
insurance policy to comply with the wartime compensation law, 197
KBR’s Gerlach and, 312–13, 317–20
KBR’s lawyers blaming, 262, 263
kidnapping of drivers, 119
lack of contact with dead Nepalis’ families, 153
lawyer for, 257–61, 282–84
as major Iraq contractor, 79
money made from the U.S. government and KBR, 262
al-Nadi and, 79
office of, 76
passport confiscation and, 313, 314
registered in Amman and British Virgin Islands, 261
search for other Nepalese men who worked for, 199–201, 307–10
serving legal documents on, 256–57
settlement for families of twelve murdered Nepalis, 327, 336
transport of Nepalis to Iraq and, 119–20
twelve murdered Nepalis and, 194, 196, 198, 202, 263
use of allegedly coerced Indian workers in Iraq, 312–13
use of Filipino workers in Iraq, 81–82
U.S. Marines complain about use of “slave labor,” 314–15
wasta (political clout and), 261
Defense Base Act, 180
DiCaprio, Anthony, 293
depositions of Nepali witnesses and Kamala, 6, 8, 9, 292–93, 296–300, 305
global seafood industry case and, 343
interviews with men who were in Jordan with the murdered Nepalis, 307–10
Donley, Billy, 230, 231, 283–85, 288, 289, 293, 296, 300–301, 303, 327, 321
Dukakis, Michael, 258
Durbin, Dick, 215
Durham, Rebecca, 313–14
Ellison, Keith P., 223, 230–231, 242
Adhikari et al., concerns about the case, 243
Adhikari et al., discovery war and, 274–78, 281–82
Adhikari et al., duration and, 263–64
Adhikari et al., final ruling, 341–42
Adhikari et al., motions to dismiss and hearing of Oct. 9, 2009, 230–42, 249–52, 264, 311, 320–22, 325–27, 333, 335–36
Adhikari et al., orders KBR to reimburse costs of misconduct allegations, 341–42
Adhikari et al., personal impact of, 333
Adhikari et al., phone conference on case status, 300–304
Adhikari et al., questions, 223–24, 226, 231–42, 321
background, 244–48, 333–34
chambers of, 226
deafness of, 242
defense lawyers and, 231, 258, 276
as fair judge, 295, 335
federal judgeship appointment, 248, 334–35
gentility of, 248–49
KBR cases pending before, 227
as law clerk for Harry Blackmun, 247, 334–35
as law clerk for J. Skelly Wright, 246–47
lawsuit by Biplav Bhatta and, 341
Estrich, Susan, 258
Exxon, Alaska oil spill, 175, 175n
False Claims Act, 316–17
First Kuwaiti, 105, 106
Fryszman, Agnieszka, 6–7, 8, 9, 176
Adhikari et al. and, 214, 215, 218, 221, 223–24, 242, 249–52, 256, 257, 258, 262–66, 274–77, 284–90, 296–306, 311–12, 316, 320–22, 327, 335–36
author and, 178–81
background, 229
bringing Nepali witnesses to Washington, 287, 290, 291–92
case against Japanese government, 216
Cohen Milstein and, 343
compensation case for twelve murdered Nepalis, 180, 183, 184–87, 214, 218
deposition of Kamala Magar and, 3–10, 292–300, 305
discovery against KBR and, 264–66, 274–78, 281–82, 286, 310–11, 316
global seafood industry case and, 343
Guantánamo Bay detainees case, 176, 178, 179
Handley and, 176–78, 183–84, 284–85
haste in submitting evidence and missing documentation, 320–22
hostility of defense lawyers and, 284–85
husband of, 295
interview in National Law Journal, 282
lawsuit on behalf of Biplav Bhatta, 341
misconduct allegations against, 288–90, 295, 301, 303, 310, 326, 341
phone conference with judge on case status, conflicts and, 300–304
pro bono cases, 176
résumé of human rights lawsuits, 179
search for men who had been in Jordan with the murdered Nepalis, 287, 306
stress, effects of, 294–95
sworn statements from Bhatta and others recruited with murdered men, 310
Gandhi, Mohandas, 112, 160, 167
Garang, Nepal, 267–70
Geisel, Th
eodor (Dr. Seuss), 247
Gerlach, Robert, 220–21, 263, 266, 301, 303, 341
Barko’s lawsuit and, 317
collusion alleged with Daoud, 317–18, 319, 320
e-mail to Daoud executive, 312–13
firing of Banks and, 315–16
forced resignation of, 318, 320
Ghale, Bhadra, 111–13
Ghimire, Yubaraj, 90, 91
Ginsburg, Ruth Bader, 247
Giri, Prahlad, 103–5, 108
globalization
economic losers of, 33
importation of cheap labor and, 34, 61, 65, 67–68, 70, 92–93
largest importers of cheap labor, 34
population shifts and, 34
in Southeast Asia and the Middle East, 33–34
Western view of, 33
See also human trafficking
Gorkha (city), Nepal, 46, 47
Gorkha District, Nepal, 11–13, 16, 23, 36
earthquake of 2015 and, 328, 330
Maoist insurgents and killing in, 47
as source of exported workers, 36–37
Gorsuch, Neil, 341
Grand Hyatt Hotel, Amman, Jordan, 77, 78, 79
Graves, James E., 339–41
Guantánamo Bay lawsuit, 176, 178, 179
Gulf War, 141
Gurkhas
British Army, 24–25, 37, 44, 150, 200
Indian Army, 26
Gurung, Buddi, 200, 201–2
Adhikari et al., plaintiff in, 217
Adhikari et al., testimony, 237–39, 241, 282–84, 285, 287, 290
contract with Daoud, 202, 210
federal judge’s questions about, 223–24
passport confiscation and, 241–42
Gurung, Ganesh, 66, 92–94, 187–91, 200, 209–13, 219, 225
American lawyers in Nepal and, 270–73
compensation case and, 252–53
contacts Kamala Magar, 169–70
deposition by phone, 203–4
families of murdered Nepalis and, 189–91, 209, 270, 271–73
Nepal Institute of Development Studies (NIDS) and, 92, 209
search for men who had been in Jordan with the murdered Nepalis, 287, 306–7, 310, 326
search for other Nepalese men who worked at Al Asad Air Base, 199–201
statement in compensation case, 202
Gurung, Reena, 292, 293
Gwin, James S., 319
Halliburton
acquires Brown and Root, 140–41