It was the Army’s fault

This posted updated on Nov 29, 2009. I added Tommy Fibich’s response to Bill Bodies laughable letter to the editor! Tommy Fibish of Fibich, Hampton and Leebron represent the families and victims of The Good Friday Massacre.

KBR’s Bill Bodie is still on his letter writing campaign! Here is the latest edition to my “Bodie Babble” collection!

KBR defends its actions

The article entitled “KBR aware convoy in harm’s way” (Page A1, Thursday) does not address some of the paramount issues in the convoy cases. KBR would like to set the record straight.

The events of the April 2004 convoy attack were tragic. We remain mindful of those who lost their loved ones as they were members of the KBR family. However, the assertion that KBR deliberately placed these men in harm’s way or failed to warn of the dangers of working in Iraq is simply false. KBR takes great care in warning and in training employees about the dangers they will face working in a war zone before they depart for Iraq.

It is important to understand the framework in which KBR and other government contractors perform their work in Iraq and Afghanistan. The executive branch and Congress decided many years ago to use civilian contractors to support the military during wartime in order to save costs in peacetime and because they could not recruit enough soldiers to meet all of their logistical needs without resorting to a draft. The Defense Base Act (DBA) was established by Congress as the process to provide coverage to civilians who are injured while supporting the military during war time. Given this exclusive remedy under the DBA, in order for these lawsuits to proceed, the plaintiffs must prove that KBR specifically intended to have the insurgents injure or kill KBR’s employees on the April 2004 convoys. The evidence does not support this allegation.

The e-mails that were the basis of the article do not tell the whole story. In context, the internal communication between KBR and the military evidence the concern KBR had for its employees. Further, the U.S. military alone decided to deploy the military supply convoys at issue here; they decided when, where and how the convoys were to be conducted. These military decisions were made based on the intelligence about insurgent threats that the military compiled through its unique capabilities and resources. Under the Political Question Doctrine and other established principles of law, it is not appropriate for courts — as litigation in these cases would require — to second-guess such wartime decisions and actions by the military that are reserved by the U.S. Constitution to the elected branches of government.

The men and women who work for KBR in Iraq do so at great sacrifice to themselves and their families. It is on their behalf that we will continue to defend the company and its actions. In turn we would hope that the media and others remain mindful that a presentation by the plaintiffs’ lawyers does not accurately reflect all of the facts.

William C. Bodie, president, KBR North American Government and Defense (click HERE to read original article)

Below is the response to Tommy Fibish of Fibich, Hampton and Leebron to this latest attack by KBR’s Bill Bodie on our intelligence and personal integrity!

Appalled by views of KBR

The widows and children of the seven men who were killed or left comatose in the April 9, 2004, KBR convoy attacks in Iraq are appalled by the views expressed by the company’s president of government affairs (“KBR defends its actions,” Page B10, Friday). They wish their loved ones could respond to KBR’s reprehensible statement. They also request that KBR stop referring to the contractors as “family” because KBR’s actions are unlike any family they have ever known.

Contrary to KBR’s new claims, the events that led to the convoy attacks of April 9, 2004, were warned about for weeks by KBR security officials. After at least 11 KBR convoys were hit by enemy attacks the day before, KBR’s security director — recognizing the futility of trying to protect their personnel from certain danger — then wrote of “pressure,” “big politics,” and “contract issues,” but, most importantly, that he thought “we will get people killed or injured tomorrow.” KBR then released our clients’ convoys into an area where they knew other KBR convoys already were being attacked.

KBR’s public response now belies the fact that much of the incriminating evidence of the convoy attacks has been sealed at KBR’s request and its investigation into this incident kept secret. The company’s true regard for these families seems evident by the fact that KBR has neither apologized for their acts nor accepted responsibility for the deaths and wounds inflicted upon their personnel. (click HERE for original article)

Tommy Fibich, Houston

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8 Comments


The comments posted on this site are the sole opinion of the comment poster and do not necessarily reflect the opinion of this site owner.

  1. Ms Sparky says:

    OMG. You want us to believe that you are defending KBR on behalf of the victims families. What a load of CRAP!

    Whoever writes for you must also write for SNL!

  2. youcantfixstupid says:

    Bruce Stanski and Randy Harl are elated that Bodie steps up to the plate and takes responsibility for things that happened under their watch at KBR.

    • Ms Sparky says:

      Well we all know where Bruce and Randy are. I don’t doubt for a minute that Fluor would throw someone (former KBR) under the bus who was about the be indicted.

  3. More Babble says:

    “We are pleased to have been selected by the AFCEE to bid for future projects under the Worldwide Environmental Restoration and Construction contract,” said Bill Bodie, President, KBR North American Government and Defense. “Our long-standing commitment to provide high quality services to our military customers remains steadfast, and I am confident KBR will execute task orders under this contract with the same level of quality the military has come to expect from KBR.”

  4. Ms Sparky says:

    I just updated this posted with Tommy Fibich’s of Fibich, Hampton and Leebron response to Bill Bodies BS. See above. They are representing the victims of this heinous massacre.

  5. Ex-KBR Wife says:

    KBR will never admit that anything was their fault. It will always be someone else’s fault. What a load of BS. They knew they were sending those men into a dangerous and life threatening situation. Employees are warned of the dangers of living in a war zone but it is still the responsibility of KBR to look out for the lives of those employees. Just becuase they have been warned of the dangers should not make it all right for KBR to knowingly send them into harms ways. KBR refers to it’s workers as “family”. MR. Bodie, if a member of your immediate family would have been in that convoy would it still have rolled???

  6. for-what-it's-worth says:

    Dec. 20, 09′ – I met a young man 3 days ago at a grocery store whose father had to move in with him. His father was in that convoy – shot, PTSD and has lost everything thanks to KBR and AIG. Yes, if KBR exes. need a pay raise, bonus, a lavish trip somewhere (the same for AIG – hey man, it’s no problem.) AIG got Billions of $’s in bailout funds and then millions in bonuses, yet they drop us like we are non-existent, worthless, sub-humans, who helped in the war against terror and paid the price for their freedom while they sat back in the states in their air-conditioned offices with their lavish lifestyles, figuring out ways to screw us so they can continue to live the good life while we become homeless, losing everything.
    I have no sympathy for KBR-AIG-AIU or CNA and other companies that treat their employees like we have been treated, and it isn’t just Americans they treat this way – it’s anyone no matter what country they are from – as long as they are injured/killed – it does not matter.

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