# DeMint vs. Franken Amendment **URL:** \ **Category:** Miscellaneous and Personal Stuff I Must Share\ **Created:** [February 16, 2010, 8:34pm UTC](https://boards.straightdope.com/t/demint-vs-franken-amendment/529249 "2010-02-16T20:34:34Z")\ **Posts on this page:** 3\ **Page:** 1
**Author:** ![legalsnugs](https://avatars.discourse-cdn.com/v4/letter/l/45deac/32.png) [@legalsnugs](https://boards.straightdope.com/u/legalsnugs)\ **Post date:** [February 16, 2010, 8:34pm UTC](https://boards.straightdope.com/t/demint-vs-franken-amendment/529249/1 "2010-02-16T20:34:34Z")
Several months ago I wrote to Senator Jim DeMint (R-SC) regarding his opposition to Sen. Al Franken’s (D-Minn) “Anti-Rape” Amendment to the defense appropriations bill. That bill passed in December 2009. Today I got an email response from DeMint! And I’m all WTF? I hate to put the whole thing here, but I’d like you all to have a look. > [@](#): > > Thank you for contacting me about the Franken Amendment to the Fiscal Year 2010 Defense Appropriations Bill. I appreciate you taking the time to contact me about this important matter. > > Like you, I believe that sexual assault is one of the most heinous and unjustifiable crimes. I support the tough prosecution of laws to provide justice for victims and prevent future occurrences. As a husband and father, I consider rape indefensible and believe guilty parties should be punished to the full extent of the law. > > The Franken Amendment was designed around the case of Jamie Leigh Jones, who was sexually assaulted at work and mistakenly believed that the arbitration agreement with her employer prevented her from having a court hearing. However, the Fifth Circuit Court of Appeals ruled that the agreement did not prevent her from taking her employers to federal court. Additionally, the Court ruled that arbitration clauses are between two parties and cannot prohibit the prosecution of crimes. > > I voted against this amendment because our laws already protect victims of sexual assault. The real intent of the Franken Amendment was to prevent the Department of Defense from paying companies with existing contracts if those companies use arbitration, an idea that has been promoted at the encouragement of trial lawyers for years. Senator Franken was given the opportunity to rewrite the amendment so that it focused on rape prevention, but he refused. It should be noted that under President Obama, the Department of Defense opposed the Franken Amendment as well. > > Thanks again for sharing your views with me. Rest assured that I will do everything in my power to keep American families safe from violent crimes. Please contact me again in the future about anything important to you or your family. It is an honor to serve you and the people of South Carolina. > > Sincerely, > Jim DeMint > United States Senator From what I understand, Halliburton/KBR did everything in their power to cover up the whole episode and to stop Ms. Jones from litigating. Their argument was that Ms. Jones MUST go through arbitration only per her employment contract. She was forced to take her action through the Court of Appeals in order to get her day in court! She was raped in 2005. The Court of Appeals ruled in 2009! DeMint says there are laws in place to protect victims, but Ms. Jones’ assailants have never been brought to justice and probably never will! My questions are about the rest of his assertions. Can anyone tell me if those assertions are accurate? Did the Amendment seek to ban all arbitration in DoD contractor contracts? Did Franken refuse making changes? I thought it was changed some. And I read about, but don’t understand why, the Department of Defense would oppose the amendment. Cites would be helpful. This guy is running for re-election this year and I would very much like to write an op-ed exposing his idiocy. All comments welcome about any of this. Can you help? Many thanks. ---
**Author:** ![NinjaChick](https://avatars.discourse-cdn.com/v4/letter/n/71c47a/32.png) [@NinjaChick](https://boards.straightdope.com/u/NinjaChick)\ **Post date:** [February 16, 2010, 9:05pm UTC](https://boards.straightdope.com/t/demint-vs-franken-amendment/529249/2 "2010-02-16T21:05:58Z")
It’s unbelievably easy to find the full text of these things online, so why don’t you find your own cites? ---
**Author:** ![Chimera](https://avatars.discourse-cdn.com/v4/letter/c/8e8cbc/32.png) [@Chimera](https://boards.straightdope.com/u/Chimera)\ **Post date:** [February 16, 2010, 9:09pm UTC](https://boards.straightdope.com/t/demint-vs-franken-amendment/529249/3 "2010-02-16T21:09:02Z")
> **[Defense Department Opposed Franken's Anti-Rape Amendment](https://www.huffpost.com/entry/defense-department-oppose_n_326569)** > > Defense Department Opposed Franken's Anti-Rape Amendment “The DoD opposes the proposed amendment,” reads a message sent from the administration to the Senate on October 6, the day the amendment passed by a 68-30 vote. “The Department of Defense, the prime contractor, and higher tier subcontractors may not be in a position to know about such things. Enforcement would be problematic, especially in cases where privity of contract does not exist between parties within the supply chain that supports a contract,” reads the DoD note. “It may be more effective to seek a statutory prohibition of all such arrangements in any business transaction entered into within the jurisdiction of the United States, if these arrangements are deemed to pose an unacceptable method of recourse.” But yet; “A White House spokesman said that the DoD opposition is overstated in the message sent to Congress. “We support the intent of the amendment, and we’re working with the conferees to make sure that it is enforceable,” said spokesman Tommy Vietor when asked about the DoD statement.”