April 6, 2011, - 7:32 pm
When people told me they had to vote for George W. Bush because of the judges he would appoint, I always cited the many judges he appointed who are liberal, favored more rights for Islamic terrorists, and the like. Now, we have yet another such Bush judge, Nora Barry Fischer (already suspicious for insisting on using three names, including her maiden name). Fischer is considering applying Sharia to a court case involving the rights of an American soldier killed in Iraq, and forcing the soldier’s family’s lawyers to spend time, money, and resources proving why the Sharia-dominated Iraqi law and constitution should not be applied in an American court. It’s an outrage.
Bush Judge Nora Barry Fischer Makes Dead Soldier’s Family Prove Why Sharia Shouldn’t Be Applied
Please tell me how a John Kerry or Al Gore judge would be different or worse. There’s no difference. (I voted Bush the first time, Libertarian the second time, for the record, because I vowed never again to vote for such an Islamopanderer.)
American soldiers harmed by American companies should have their lawsuits decided under American law, the very law they are serving to protect. The only exception to this should be when a soldier willingly gives up that right in writing of his own volition. Unfortunately, this lawsuit by the family of American soldier who died of electrocution while serving in Iraq might be decided under Iraqi Muslim law, where sharia and the Koran reign supreme, if American company KBR has its way. That an American judge is even considering this is a travesty. But, yes, Bush Judge Fischer is considering it.
Recently, many misinformed people were up in arms about a Florida judge ordering that Islamic law decide arbitration in a case involving a mosque versus its members. I did not have a problem with that because in that case the mosque members and the mosque had actually agreed to submit to religious arbitration, then the mosque opposed it when it realized Islamic law was not on its side. When a mosque that preaches sharia is opposed to using sharia against it, it’s not what the ignorant, so-called anti-jihadist bloggers are squawking about. But in this case, it’s different.
The family of the late Staff Sgt. Ryan Maseth–and the dead soldier himself–never gave up their rights under the U.S. Constitution. They never willingly submitted to the Koran in the name of taking a shower operated by KBR in Iraq. This is the company that used to be part of Halliburton. It benefited greatly from American taxpayers and the soldiers who protect them, making billions of dollars. That KBR would even suggest using Iraqi law instead of U.S. law in this case is an outrage. Unfortunately, as I’ve noted in previous posts over the years, the U.S. Supreme Court, more and more, subverts U.S. sovereignty and cites foreign laws as authority for American jurisprudence, including in cases where it decided against the death penalty for juvenile murderers and rapists.
And, as I’ve noted in the past, KBR was the slimy offshoot that Halliburton used to use to avoid U.S. laws, while Dick Cheney ran Halliburton. KBR traded with Iraq, while we had the embargo against Saddam Hussein, and it violated the embargo with Libya, building Qaddafy giant steel enclosed cross country tunnels to shield troop and nuclear transports from American spy satellites. Now, the sleaziness continues, even though the company is now U.S.-based and was at all times applicable to this case. More:
Attorneys for Houston-based military contractor KBR Inc. have asked a federal judge in Pittsburgh to apply Iraqi law to a lawsuit filed by the mother of a Pittsburgh-area soldier who was electrocuted while showering at a U.S. military base in Iraq.
U.S. District Judge Nora Berry Fischer asked attorneys for both sides to file written arguments before she’ll decide the issue.
At a hearing Tuesday, she frankly acknowledged what she believed was the reason for the motion. “The big nut is whether or not you can apply for punitive damages,” the judge said. “You can’t get punitives in Iraq.”
The lawsuit contends KBR is responsible for Staff Sgt. Ryan Maseth’s death because it maintained the barracks where the Army determined a water pump shorted out and electrified his shower water in January 2008.
KBR attorneys have argued that three military investigations have determined no one agency or company is to blame for the Maseth’s death, which spawned a military review of 17 other electrocution deaths in Iraq and prompted electrical repair work at military facilities, much of it by KBR.
Hey, if at first you don’t succeed in passing the buck for the unnecessary death of an American soldier, seek the Koran for guidance!
Cheryl Harris, the mother of the 24-year-old Green Beret, and her attorney said they believe KBR is trying to delay the lawsuit and evade responsibility.
“My emotional response is just the frustration of being here for three years, of the length of time it takes, and the stalling tactics that KBR continues to take,” she said at the hearing.
She said American soldiers deserve to be protected by American laws and safety standards, even in foreign lands.
“It’s quite sad that KBR would think otherwise,” she said. “That they would be paid billions of dollars and not be expected to protect U.S. soldiers.”
AMEN. And that’s in addition to the fact that a U.S. military base is essentially U.S. land with U.S. laws applied there. Are we going to impose Cuban law in Guantanamo Bay? Hell no.
Fischer must decide whether to apply Iraqi law to the case or to judge it based on laws in Pennsylvania; Tennessee, where Maseth’s unit was based; or Texas, where KBR is headquartered.
Fischer is expected to rule within about two months.
Like I said, this shouldn’t even be under consideration. Any federal judge with half a brain would laugh at anyone trying to impose Iraqi law in such a case. Completely absurd. And it has the potential for a very bad precedent, if she does impose Iraqi law and it’s not ultimately reversed on appeal.
If American soldiers and their families can’t expect their disputes to be adjudicated under American law when it involves American defendants and American military bases, then what the heck are they fighting for, and why are they wearing the letters “U.S.” and an American flag on their uniforms?
Tags: Cheryl Harris, federal judge, George W. Bush, Green Beret, Halliburton, Iraq, Iraqi law, Islam, Islamic law, Jihad, judge, KBR, Muslim law, Nora Barry Fischer, Ryan Maseth, sharia, Staff Sgt. Ryan Maseth