Waxman hearing = weapon in litigation?

Nice tactic, if you can get away with it: after filing suit, get a House committee to conduct a hostile investigation of your opponent with your clients appearing as friendly witnesses. That’s what appears to have happened in the House Oversight and Government Reform Committee’s hearings last week on alleged shortcomings in the work of […]

Nice tactic, if you can get away with it: after filing suit, get a House committee to conduct a hostile investigation of your opponent with your clients appearing as friendly witnesses. That’s what appears to have happened in the House Oversight and Government Reform Committee’s hearings last week on alleged shortcomings in the work of Iraq contractor Blackwater USA. The friendly witnesses in this case, called by committee chairman Rep. Henry Waxman (D-Calif.), were family members of several Blackwater consultants killed in Iraq, who are suing the company for damages. According to Rep. Darrell Issa (R-Calif.), the hearing followed upon the sending of a letter to House Speaker Nancy Pelosi by Orange County, Calif., plaintiffs’ lawyer Daniel Callahan of Callahan & Blaine, who’s representing the families. The letter urged a “fruitful and meaningful” investigation of “these extremely Republican companies, such as Blackwater, who have been uncooperative to date”. (S. A. Miller, “Iraq contractor focus of hearing”, Washington Times, Feb. 8; Lattman, WSJ law blog, Feb. 9; Larry Margasak, “Blackwater E-Mail Outlines Gear Shortage”, AP/Washington Post, Feb. 7; Chaos in Motion, Feb. 8).

More: in the comments section, attorney Daniel J. Callahan responds.

11 Comments

  • Is there ANY legal way to deal with this? I mean, it is obviously highly unethical, but it would be nice if there was something to be done about it besids just mentioning that it’s unethical (which does nothing).

  • The house and senate are full of unethical people and practices why would they legislate to change any of that.

  • If I sue Ben & Jerry’s, and they refuse to provide all the discovery I request, and refuse to pay my demand, can I institute a congressional investigation solely on the basis that they are “uncooperative” and an “extremely Democratic company”?

    Do you think the former Republican Chairman would have entertained such a request?

  • It seems the questions are: Is a house investigation warranted? Can these witnesses testify? Since the house rules over the House Rules the answer is yes. Is it unethically I would think that since our government is steeped in tradition taking away this kind of hearing might also be unethical.

  • Contrary to what Republican Representative Darrell Issa states is the genesis for the House Committee investigation, i.e. my letter to Nancy Pelosi, the House had been investigating Blackwater and its overcharging the Government for services rendered in Iraq for two years.

    One other argument that Representative Darrell Issa made that I don’t see in your blog is that I made political contributions to the Democratic party that resulted in this investigation. They submitted evidence that I made a $2,000 contribution to a State Democratic party and a $1,000 contribution to someone in the Libertarian party. I doubt that that is going to sway the U.S. Congress. I just don’t have that kind of juice. Comically, what he failed to mention is that I also contributed $5,000 to Arnold Schwartzenegger, California’s republican Governor.

    Both of Representative Issa’s comments (a) that I persuaded Congress to bring an investigation based upon my political contributions, or (b) that my letter was the genesis of this investigation are wrong. The truth is Blackwater was being called on the carpet for lying to its independent contractors about the protections they would have, causing their death, and also for being involved in blatant overcharging of the United States Government for services that were rendered.

    Blackwater has been seeking to avoid its day in Court and has had the audacity, while not denying its liability, to say that it cannot be sued in any State or Federal Court for its conduct. If that’s the case, there should be a Congressional investigation, don’t you think?

  • Contrary to what Republican Representative Darrell Issa states is the genesis for the House Committee investigation, i.e. my letter to Nancy Pelosi, the House had been investigating Blackwater and its overcharging the Government for services rendered in Iraq for two years.

    One other argument that Representative Darrell Issa made that I don’t see in your blog is that I made political contributions to the Democratic party that resulted in this investigation. They submitted evidence that I made a $2,000 contribution to a State Democratic party and a $1,000 contribution to someone in the Libertarian party. I doubt that that is going to sway the U.S. Congress. I just don’t have that kind of juice. Comically, what he failed to mention is that I also contributed $5,000 to Arnold Schwartzenegger, California’s republican Governor.

    Both of Representative Issa’s comments (a) that I persuaded Congress to bring an investigation based upon my political contributions, or (b) that my letter was the genesis of this investigation are wrong. The truth is Blackwater was being called on the carpet for lying to its independent contractors about the protections they would have, causing their death, and also for being involved in blatant overcharging of the United States Government for services that were rendered.

    Blackwater has been seeking to avoid its day in Court and has had the audacity, while not denying its liability, to say that it cannot be sued in any State or Federal Court for its conduct. If that’s the case, there should be a Congressional investigation, don’t you think?

  • Contrary to what Republican Representative Darrell Issa states is the genesis for the House Committee investigation, i.e. my letter to Nancy Pelosi, the House had been investigating Blackwater and its overcharging the Government for services rendered in Iraq for two years.

    One other argument that Representative Darrell Issa made that I don’t see in your blog is that I made political contributions to the Democratic party that resulted in this investigation. They submitted evidence that I made a $2,000 contribution to a State Democratic party and a $1,000 contribution to someone in the Libertarian party. I doubt that that is going to sway the U.S. Congress. I just don’t have that kind of juice. Comically, what he failed to mention is that I also contributed $5,000 to Arnold Schwartzenegger, California’s republican Governor.

    Both of Representative Issa’s comments (a) that I persuaded Congress to bring an investigation based upon my political contributions, or (b) that my letter was the genesis of this investigation are wrong. The truth is Blackwater was being called on the carpet for lying to its independent contractors about the protections they would have, causing their death, and also for being involved in blatant overcharging of the United States Government for services that were rendered.

    Blackwater has been seeking to avoid its day in Court and has had the audacity, while not denying its liability, to say that it cannot be sued in any State or Federal Court for its conduct. If that’s the case, there should be a Congressional investigation, don’t you think?

  • Contrary to what Republican Representative Darrell Issa states is the genesis for the House Committee investigation, i.e. my letter to Nancy Pelosi, the House had been investigating Blackwater and its overcharging the Government for services rendered in Iraq for two years.

    One other argument that Representative Darrell Issa made that I don’t see in your blog is that I made political contributions to the Democratic party that resulted in this investigation. They submitted evidence that I made a $2,000 contribution to a State Democratic party and a $1,000 contribution to someone in the Libertarian party. I doubt that that is going to sway the U.S. Congress. I just don’t have that kind of juice. Comically, what he failed to mention is that I also contributed $5,000 to Arnold Schwartzenegger, California’s republican Governor.

    Both of Representative Issa’s comments (a) that I persuaded Congress to bring an investigation based upon my political contributions, or (b) that my letter was the genesis of this investigation are wrong. The truth is Blackwater was being called on the carpet for lying to its independent contractors about the protections they would have, causing their death, and also for being involved in blatant overcharging of the United States Government for services that were rendered.

    Blackwater has been seeking to avoid its day in Court and has had the audacity, while not denying its liability, to say that it cannot be sued in any State or Federal Court for its conduct. If that’s the case, there should be a Congressional investigation, don’t you think?

  • Contrary to what Republican Representative Darrell Issa states is the genesis for the House Committee investigation, i.e. my letter to Nancy Pelosi, the House had been investigating Blackwater and its overcharging the Government for services rendered in Iraq for two years.

    One other argument that Representative Darrell Issa made that I don’t see in your blog is that I made political contributions to the Democratic party that resulted in this investigation. They submitted evidence that I made a $2,000 contribution to a State Democratic party and a $1,000 contribution to someone in the Libertarian party. I doubt that that is going to sway the U.S. Congress. I just don’t have that kind of juice. Comically, what he failed to mention is that I also contributed $5,000 to Arnold Schwartzenegger, California’s republican Governor.

    Both of Representative Issa’s comments (a) that I persuaded Congress to bring an investigation based upon my political contributions, or (b) that my letter was the genesis of this investigation are wrong. The truth is Blackwater was being called on the carpet for lying to its independent contractors about the protections they would have, causing their death, and also for being involved in blatant overcharging of the United States Government for services that were rendered.

    Blackwater has been seeking to avoid its day in Court and has had the audacity, while not denying its liability, to say that it cannot be sued in any State or Federal Court for its conduct. If that’s the case, there should be a Congressional investigation, don’t you think?

  • Contrary to what Republican Representative Darrell Issa states is the genesis for the House Committee investigation, i.e. my letter to Nancy Pelosi, the House had been investigating Blackwater and its overcharging the Government for services rendered in Iraq for two years.

    One other argument that Representative Darrell Issa made that I don’t see in your blog is that I made political contributions to the Democratic party that resulted in this investigation. They submitted evidence that I made a $2,000 contribution to a State Democratic party and a $1,000 contribution to someone in the Libertarian party. I doubt that that is going to sway the U.S. Congress. I just don’t have that kind of juice. Comically, what he failed to mention is that I also contributed $5,000 to Arnold Schwartzenegger, California’s republican Governor.

    Both of Representative Issa’s comments (a) that I persuaded Congress to bring an investigation based upon my political contributions, or (b) that my letter was the genesis of this investigation are wrong. The truth is Blackwater was being called on the carpet for lying to its independent contractors about the protections they would have, causing their death, and also for being involved in blatant overcharging of the United States Government for services that were rendered.

    Blackwater has been seeking to avoid its day in Court and has had the audacity, while not denying its liability, to say that it cannot be sued in any State or Federal Court for its conduct. If that’s the case, there should be a Congressional investigation, don’t you think?

  • Query:

    What is an “extremely” republican company?

    And why “these” (extremely republican) companies?