In desperation KBR attorneys attempted to “encourage” Army to reconsider

So...just what kind a person does it take to be a KBR attorney?
On February 23, 2010 the law firm of McKenna Long & Aldridge sent a letter to the Army on behalf of their client KBR. The letter was entitled:
Re: Request for Reconsideration of Denial of Use of LGEN (Ret.) Ricardo S. Sanchez as Expert Witness
Apparently the Army’s recent decision to not allow LGEN (Ret.) Ricardo S. Sanchez to supply expert testimony on KBR’s behalf didn’t sit well.
I first blogged about LGEN Sanchez testimony in March but didn’t have the letter at that time. I have it now and am disturbed at the sheer level of arrogance of KBR’s attorneys.
I am not going reprint the entire three page letter in this post. If you want to read it in it’s entirety click HERE. I am going to highlight what I consider to be the most disturbing and desperate statements in the letter followed by my Ms Sparky (snarky) interpretation.
This request is based both on KBR’s exceptional need for Lieutenant General Sanchez’s testimony and the unique circumstances in which KBR now finds itself in these lawsuits – where an organic change in the litigation posture of these cases has occurred since our original request making Lieutenant General Sanchez’s live trial testimony absolutely essential to KBR.
This sounds like desperation!
At the time of our December request, KBR had some reasonable expectation that all or a substantial part of the litigation would be dismissed as a result of four then-pending dispositive motions. But KBR now faces the near certainty of a protracted, difficult trial of the three cases -with potential damages exposure exceeding $700 million
Hmmm….that sounds like panic!
This exposure could lead to financial liability of the government under the LOGCAP III Contract and controlling regulations.
That sounds like coercion! My translation is “If KBR loses this case, KBR will invoice the awarded amount to the DoD as a billable expense.” Anyone in Congress listening here!!
It is important to remember that KBR is in this position now because of the conduct of the United States.
We didn’t do nuthin’! The Army did it!
This need was exacerbated by Judge Miller’s blatant disregard of the four military declarations submitted in his denial of KBR’s Political Question Doctrine motion, making the General’s live trial testimony possibly the only evidence that will sway Judge Miller.
Blatant disregard? Sway Judge Miller? Why didn’t you just walk straight up and bitch slap him while he sat on the bench?
Lastly, as you know, throughout the five years of these lawsuits, KBR has carefully refrained from pointing its finger at the United States as the culpable entity.
If you don’t change your mind we are NOT BFF’s anymore and we will “defriend” you!
Plaintiffs have co-opted the Houston media and other press into presenting only the damning evidence plaintiffs allege prove that KBR intended to injure and kill its own employees for profit.
OK- so they finally got one right! I would like to add incompetence to profit!
As trial looms, KBR can no longer sit silent, and instead intends to aggressively make its case to the public, hopefully to prevent the entire jury pool from being prejudiced against the company.
The entire jury pool? What about the fact the vast majority of the entire country thinks KBR sucks!
Towards this end, KBR intends to release Lieutenant General Sanchez’s expert report and deposition testimony to the press as part of this campaign.
Again….that sounds like some kind threat. An attempt to coerce the Army to succumb? Is there something else in this report that would shine negatively on the Army?
It never ceases to amaze me the brazen balziness of KBR and their attorneys. You have to have huge cajones and no soul to publicly humiliate rape victims, and victims of incompetence and poor management. Maybe the Army could borrow some to get their House in order and get their Generals under control.
I’m not a lawyer, but I do believe in justice. Not KBR’s who’s the bigger bully, justice. Not who’s got the biggest law firm, justice. Not who’s got the bigger bucket of money, justice. Real justice. Doing the right thing justice. The Army’s own Generals are getting ready to testify against the Army on behalf of the Army’s own corrupt contractor. Who’s the client here?
Many of you might remember LGEN Sanchez was the Commander in Iraq during the highly publicized Abu Ghraib prisoner abuse scandal. He retired shortly after that under intense scrutiny.
The independent panel that investigated the Abu Ghraib scandal in 2004, headed by former Defense Secretary James R. Schlesinger, found that General Sanchez had been derelict in overseeing detention in Iraq. (click HERE for original article)
One has to wonder if General Sanchez holds any animosity towards the Defense Department and that is why he is more than willing to testify….Oh yea, there is also that $650/hour wage! As of the writing of this post General Sanchez will be allowed to be deposed and General Crear, who was supposed to be overseeing KBR at Qarmat Ali, along with former Army Secretary Pete Geren, and retired Col. Sumner will apparently be jumping in to assist in KBR’s defense. The line is getting very blurry regarding who the defendants really are, KBR or the Army.
I will close with, there’s not much I despise more than corporate attorney’s who protect those I feel are corrupt and morally bankrupt. Maybe it’s time for an all out information “blogswarm” on the potential PR tactics that McKenna Long & Aldridge may consider stooping to on behalf of their client KBR.
Ms Sparky



















Thursday, June 3rd 2010 at 1:22 pm |
Having spent many hours in the court room with corporate attorneys I know for a fact there are no limits to the depths they will sink for their clients. It’s all about the money. If it’s something a partner doesn’t want to do personally for whatever reason, the task will be assigned to a junior associate. Regardless of who does it, it gets done. Ethically or morally questionable? It doesn’t matter. It’s all about billable hours and keeping the high paying clients happy. I don’t know how they sleep at night but I would suspect they sleep just fine. That in itself is disturbing.
Thursday, June 3rd 2010 at 1:27 pm |
Can I assume then there will be no warm greetings or tin of cookies come Christmas time?
Thursday, June 3rd 2010 at 1:29 pm |
I think that’s safe to assume!
Thursday, June 3rd 2010 at 5:51 pm |
Wow…Interesting, When I clicked on the link to read the document, I expected it to be made from cut and pasted words from news papers and magazines like most ransom demands are made.
The fact that David Kasanow from this law firm had Huevos enough to sign that abomination is beyond reprehensible. Or is Mr. Kasanow the poor guy that drew the short straw and the rest of the firm made him do it.
Either way, I sure hope someone in our Congress is looking at this. If our congress does nothing and lets KBR hold this country hostage like this, then they are no better than criminals themselves and they all deserve to be impeached and to serve jail time. Or better yet, they can go drive convoy trucks in Afghanistan and Iraq for punishment (without pay).
Remember people, it is still WE THE PEOPLE!! and election time is right around the corner, let’s not perpetuate this kind of behavior.
The people who risk their lives to help our troops are heroes just like the troops themselves. If I ever got a chance to meet these attorneys, the only thing they would get from me is a spinning back kick to the groin and a face full of pepper spray…That’s all they deserve, besides jail time or a hospital stay.
Thank You Ms. Sparky for doing what nobody else has the courage to do.
Thursday, June 3rd 2010 at 6:17 pm |
Thanks….. I may be changing that donate button to a donate to “Ms Spark’s legal fund” button! It’s worth it!
Thursday, June 3rd 2010 at 10:02 pm |
You could put together a naughty and nice list of those up for re-election, similar to David Lettermans top ten.