Susan L. Burke | |
---|---|
Born | [1] | July 30, 1962
Nationality | American |
Alma mater | Georgetown University, B.S. in International Law Columbus School of Law, J.D. |
Occupation | Lawyer |
Susan L. Burke (born July 30, 1962) is an American lawyer noted for her work to reform the military system of prosecuting rape and assault and in representing plaintiffs suing the American military or military contractors, such as the Abtan v. Blackwater case. She represented former detainees of Abu Ghraib prison in a suit against interrogators and translators from CACI and Titan Corp. [2] [3] who were tasked with obtaining military intelligence from them during their detention. [4] [5] Her work was featured in the documentaries The Invisible War [6] and Ghosts of Abu Ghraib. [7] In 2015, the National Law Journal named Burke one of the top 75 female attorneys in the nation.
Burke, the daughter of an Army colonel and nurse practitioner, grew up on various Army bases. [8] Burke's family ended up in northern Virginia, where her mother taught nursing at Catholic University. [9] She received a Bachelor of Science in Foreign Service degree from Georgetown University, and received her J.D. in 1987 from the Columbus School of Law at the Catholic University of America. [10]
Burke has had her own firm since 2005, which has been known in turn, as Burke Pyle LLC, Burke O'Neil LLC, and Burke PLLC. [11] In 2000, Burke became an Equity Partner at the law firm of Montgomery, McCracken, Walker and Rhoads LLP. She has had past associations with Motley Rice, [12] Katz Marshall and Banks, and Montgomery McCracken Walker and Rhoads. [13] Burke was admitted to the bar of the U.S. Court of Appeals for the Fourth Circuit in 1987 [14] and to the bar of the U.S. District Court for the Eastern District of Virginia in 1989. She was admitted to the bar of the U.S. Supreme Court in 2010. [15]
Burke has advocated on behalf of victims of military sexually assault and rape, seeking to change the military system for prosecuting such crimes. [16] [17] In 2011, Burke brought suit on behalf of 17 active-duty service members and veterans who said they were assaulted while in the military and that the Defense Department’s handling of their claims failed to bring the perpetrators to justice. [18] Burke filed suit against former Secretaries of Defense Donald Rumsfeld and Robert Gates on the grounds that they were partially responsible for creating a military environment that made such assaults possible.
The lawsuit was dismissed when the court found that “members of the armed forces cannot sue the military for injuries incurred while serving, including sexual assaults.” [19]
Burke has said in media interviews [20] that she got involved in the issue of military sexual assault based on a call from a woman who had been raped on an Army base but whose case went nowhere after the military claimed to have lost the physical evidence. The woman lost her case.
“It is a completely dysfunctional system,” Burke told the Prince George’s County, Md., TV program Chat with a Lawyer. [21] “They were not convicting people. They weren’t court-martialing people. A tiny fraction, about 100 people, from about 12,000 rapists, were being prosecuted. And most of those weren’t even being convicted.”
Burke brought a series of class-action lawsuits against KBR and Halliburton on behalf of service members who said exposure to the companies’ open-air “burn pits” in Iraq and Afghanistan made them ill. [22] [23] [24] She was appointed Lead MLD Counsel in the multi-district litigation. The companies prevailed in their argument that the military directed how to handle the garbage on bases, so they were not responsible for any downstream health effects.
In 2022, President Biden signed a bill to expand health care services for the estimated 3.5 million victims. [25]
Burke represented detainees held at the Abu Ghraib prison -- the scandal of the U.S. government-run torture site was significant in turning public opinion against the U.S. occupation of Iraq. [26] [27] Burke's clients had been detained at the prison as enemy combatants, and the U.S. government sought intelligence from the detainees in the War on Terror. In 2004, photos surfaced showing detainees stripped naked, intimidated with dogs and covered in excrement. In some of the photos, U.S. military personnel were smiling, appearing to revel in the debasement of the detainees. Investigations found that detainees had been killed and physically and sexually assaulted at the prison.
The lawsuit brought by Burke on behalf of the detainees was against government contractors Titan Corporation and CACI Premier Technologies. [28]
In 2013, defendant company Engility Holdings, which absorbed contractor Titan Corporation, disclosed a $5 million settlement in the case. [29]
Burke filed a series of suits against government contractor Blackwater Worldwide for their role in an October 2007 shooting in Baghdad that left 17 Iraqis dead. [30] [31] [32] One employee was found guilty of murder. Three others were convicted of manslaughter and firearms crimes. A fifth employee had previously pleaded guilty to manslaughter. [33] The New York Times summarized the damage to the public image of the company:
While the company’s security guards were involved in scores of shootings in Iraq, it was the 2007 incident in Nisour Square that helped cement Blackwater’s image as a company that operated with impunity because of its lucrative contracts with the American government. The company became the subject of several Justice Department investigations, all of which the company and its executives survived. But ultimately, public outrage over the shooting contributed to Blackwater’s demise. It lost its contracts and was renamed, sold and renamed again.
The civil case was settled, according to the International Crimes Database project. [34]
Burke filed suit on behalf of two prisoners who alleged they were beaten by guards at a Sussex County, Delaware, prison. According to the inmates' suit, a guard at the facility attacked them and then was joined by other guards, even though they had done nothing to provoke the violence. One prisoner stated that he had laid down on his cell floor with his hands visible and behind his back, but was still assaulted by the guards. [35] [36] [37]
Burke has prosecuted cases on behalf of people with mental illness, (Dixon et al. v Williams), [38] people with disabilities (Baltimore suit over the paratransit system), and inmates who asserted they were overcharged by providers of phone services in the jails. Burke has brought cases against health care providers for alleged Medicare and Medicaid fraud and worked on campaign finance issues on behalf of former Philadelphia Mayor Michael Nutter. [39]
Burke represented plaintiffs Talib Mutlaq Deewan and the estates of Himoud Saed Abtan, Usama Fadil Abbass and Oday Ismail Ibraheem in a lawsuit against Blackwater (now Academi). The lawsuit, which stemmed from the firefight in Nisoor Square in Baghdad, alleged Blackwater had violated the federal Alien Tort Statute by committing extrajudicial killing and war crimes, and that the company was liable for assault and battery, wrongful death, intentional and negligent infliction of emotional distress, and negligent hiring, training and supervision. [40] The lawsuit was settled on January 6, 2010. [32]
In 2008, a federal judge in Virginia allowed former detainees to sue CACI International Inc. and Titan Corp. [ failed verification ] for mistreatment while being held in Abu Ghraib. Burke represented a group of men suing these organizations. [4] The case was dismissed on September 11, 2009, by a panel of the Court of Appeals for the District of Columbia, on the grounds that the charges could not be brought against the contractors under the Alien Tort Statute. On June 27, 2011, the Supreme Court refused to review the case. [30]
A suit, officially known as United States of America, ex rel. Melan Davis and Brad Davis v. U.S. Training Center, Inc., f/k/a Blackwater Lodge and Training Center, Inc. , was filed in the U.S. Fourth Circuit Court of Appeals on October 28, 2011, [41] under the False Claims Act (FCA). The plaintiffs, Melan and Brad Davis, alleged that their former employer, U.S. Training Center, had overbilled and defrauded the U.S. government while providing security services in New Orleans after Hurricane Katrina, as well as in Iraq and Afghanistan. [42] On August 5, 2011, a jury ruled in favor of U.S. Training Center. Much of the evidence presented had been ruled by Federal Judge T.S. Ellis III to be either inadmissible or unsubstantiated, including the oft-reported [43] [44] claim that the contractors had billed the government for prostitutes. [45]
These are two precedent setting cases commonly referred to as Burke-I and Burke-II. [46]
In 2013 Burke filed a defamation lawsuit against two Wikipedia editors who had falsely stated she had been sanctioned by a federal judge. [47] The matter also stemmed from inaccuracies concerning the Atban case and a similar criminal case against Blackwater in the text of her Wikipedia entry. Burke claimed that the confusion between cases may have been the result of a conflict-of-interest for the editors in question, alleging that the editors were possibly working for Blackwater at the time of the edits. One of the defending editors' attorneys, Christopher Hajec of the Center for Individual Rights, argued that the lawsuit could have the effect of chilling freedom of speech and the willingness of Wikipedia editors to "edit on matters of public concern". [48] On May 29, 2014, a Washington DC court quashed one of her two subpoenas of John Doe Wikipedia editors, as a result of the application of DC's recent anti-SLAPP laws. The other Wikipedia editor's subpoena was not quashed in the decision. [49]
Plaintiffs in this case said they were raped or sexually assaulted while in the military and that the Department of Defense failed to properly investigate and prosecute their cases. Burke represented the active-duty service members and veterans in their suit, which named former Secretary of Defense Donald Rumsfeld as a defendant. The complaint was dismissed [50] when the court agreed with the government’s argument that service members could not sue the military for injuries that are “incident to plaintiffs’ military service.” [51]
Reports published in The New York Times and for CBS News were critical of Burke's defense of Abu Ghraib detainees, citing Pentagon reports stating that 14-20% of individuals who have been released from such facilities because they have been deemed not to pose a serious threat allegedly resume terrorist activities. [54] [55] One such former detainee, Ibrahim Shafir Sen, who was released from Guantanamo and, with Burke as his attorney, filed a suit against Secretary of Defense Donald Rumsfeld, [56] was later re-arrested in Turkey and charged with being a leader of an al-Qaida terrorist cell. [57]
During a hearing on the civil immunity of government contractors working at Abu Ghraib, Burke asserted that enemy combatants should have the right to sue U.S. soldiers if the U.S. attorney general "fails to intervene." The court disagreed. [58]
In September 2013 Burke filed a defamation lawsuit to discover the identities of two anonymous Wikipedia editors who she alleged had inserted misleading information into her Wikipedia article (i.e. this article). One of her goals of the suit was to discover if there was a connection between those two editors and Blackwater. [59] One of the John Does filed an anti-SLAPP lawsuit against Burke, backed by the Center for Individual Rights, asserting that her lawsuit was intended to chill or silence speech. The trial court denied Doe's motion. But on May 29, 2014, the DC Court of Appeals reversed that decision. The appeals court specifically held that "Ms. Burke is public figure," "she is required to show malice on [John Doe's] part in order to succeed on her defamation claim," and that "she is unlikely to be able to do so [show actual malice] here." [49] The appeals court said that Doe could now pursue recovery of legal fees in the trial court.
Abu Ghraib prison was a prison complex in Abu Ghraib, Iraq, located 32 kilometers (20 mi) west of Baghdad. Abu Ghraib prison was opened in the 1950s and served as a maximum-security prison. From the 1970s, the prison was used by Saddam Hussein to hold political prisoners and later the United States to hold Iraqi prisoners. It developed a reputation for torture and extrajudicial killing, and was closed in 2014.
Charles A. Graner Jr. is an American former soldier who was court-martialed for prisoner abuse after the 2003–2004 Abu Ghraib prisoner abuse scandal. Along with other soldiers of his Army Reserve unit, the 372nd Military Police Company, Graner was accused of allowing and inflicting sexual, physical, and psychological abuse on Iraqi detainees in Abu Ghraib prison, a notorious prison in Baghdad during the United States' occupation of Iraq.
Camp Bucca was a forward operating base that housed a theater internment facility maintained by the United States military in the vicinity of Umm Qasr, Iraq. After being taken over by the U.S. military in April 2003, it was renamed after Ronald Bucca, a New York City fire marshal who died in the 11 September 2001 attacks. The site where Camp Bucca was built had earlier housed the tallest structure in Iraq, a 492-meter-high TV mast.
During the early stages of the Iraq War, members of the United States Army and the Central Intelligence Agency committed a series of human rights violations and war crimes against detainees in the Abu Ghraib prison in Iraq, including physical abuse, sexual humiliation, both physical and psychological torture, rape, as well the killing of Manadel al-Jamadi and the desecration of his body. The abuses came to public attention with the publication of photographs of the abuse by CBS News in April 2004. The incidents caused shock and outrage, receiving widespread condemnation within the United States and internationally.
About six months after the United States invasion of Iraq of 2003, rumors of Iraq prison abuse scandals started to emerge.
CACI International Inc. is an American multinational professional services and information technology company headquartered in Northern Virginia. CACI provides services to many branches of the US federal government including defense, homeland security, intelligence, and healthcare.
Steven Anthony Stefanowicz was involved, as a private contractor for CACI International, in the interrogations at Abu Ghraib prison in Iraq.
Rumsfeld v. Padilla, 542 U.S. 426 (2004), was a United States Supreme Court case, in which José Padilla, an American citizen, sought habeas corpus relief against Secretary of Defense Donald Rumsfeld, as a result of his detention by the military as an "unlawful combatant."
Geoffrey D. Miller is a retired United States Army major general who commanded the US detention facilities at Guantanamo Bay, Cuba, and Iraq. Detention facilities in Iraq under his command included Abu Ghraib prison, Camp Cropper, and Camp Bucca. He is noted for having trained soldiers in using torture, or "enhanced interrogation techniques" in US euphemism, and for carrying out the "First Special Interrogation Plan," signed by the Secretary of Defense, against a Guantanamo detainee.
Michael Ratner was an American attorney. For much of his career, he was president of the Center for Constitutional Rights (CCR), a non-profit human rights litigation organization based in New York City, and president of the European Center for Constitutional and Human Rights (ECCHR) based in Berlin.
Ghost detainee is a term used in the executive branch of the United States government to designate a person held in a detention center, whose identity has been hidden by keeping them unregistered and therefore anonymous. Such uses arose as the Bush administration initiated the War on Terror following the 9/11 attacks of 2001 in the United States. As documented in the 2004 Taguba Report, it was used in the same manner by United States officials and contractors of the Joint Interrogation and Debriefing Center at the Abu Ghraib prison in Iraq in 2003–2004.
Cyrus Kar is an Iranian-born American film director, and vindicated alleged terrorist who was captured by United States forces in Iraq on May 17, 2005, while filming a documentary on the life of Cyrus The Great. On July 10, 2005, he was released from custody after his family sued, accused the U.S. government of violating his civil rights and detaining him after his clearance by the FBI. He has been accused of smuggling washing machine timers for use in improvised explosive devices in a taxi he was riding into Baghdad.
Carolyn Wood, United States Army captain, is a military intelligence officer who served in both Afghanistan and Iraq. She was implicated by the Fay Report to have "failed" in several aspects of her command regarding her oversight of interrogators at Abu Ghraib. She was alleged by Amnesty International to be centrally involved in the 2003 Abu Ghraib and 2002 Bagram prisoner abuse cases. Wood is featured in the 2008 Academy award-winning documentary Taxi to the Dark Side.
Abdul Wali was an Afghan farmer who died in United States custody on June 21, 2003, at the age of 28. At the time of his death, he had been held for three days at the US base 10 miles (16 km) south of Asadabad, in Kunar Province, Afghanistan, on suspicion of involvement in a rocket attack on the same base, after voluntarily handing himself in. The local governor, Said Akbar, had told Wali to turn himself in so he could clear his name.
The Fay Report, officially titled Investigation of Intelligence Activities at Abu Ghraib, was a military investigation into the torture and abuse of prisoners at the Abu Ghraib prison in Iraq. It was sparked by leaked images of Iraqi prisoners, hooded and naked, being mistreated obtained by the United States and global media in April 2004. The Fay Report was one of five such investigations ordered by the military and was the third to be submitted, as it was completed and released on August 25, 2004. Prior to the report's release, seven reservist military police had already been charged for their roles in the abuse at the prison, and so the report examined the role of military intelligence, specifically the 205th Military Intelligence Brigade that was responsible for the interrogation of prisoners at Abu Ghraib. General Paul J. Kern was the appointing authority for the report and oversaw the investigation. The chief investigators were Major General George Fay, whom the report is named after, and Lieutenant General Anthony R. Jones.
The Center for Constitutional Rights (CCR) is a progressive non-profit legal advocacy organization based in New York City, New York, in the United States. It was founded in 1966 by Arthur Kinoy, William Kunstler and others particularly to support activists in the implementation of civil rights legislation and to achieve social justice.
Ricardo M. Urbina is a former United States district judge of the United States District Court for the District of Columbia.
Atban v. Blackwater, 611 F. Supp. 2d 1, was a lawsuit brought by the victims and families affected by the September 16, 2007 Blackwater Baghdad shootings against Blackwater Worldwide, a private military contractor since renamed Academi. The case was consolidated with Estate of Albazzaz, et al. v. Blackwater Lodge and Training Center, Inc. et al., and the consolidated case was ultimately settled confidentially out of court.
Emad Khudhayir Shahuth al-Janabi was an Iraqi blacksmith detained in Abu Ghraib prison where he alleges he was abused by American military personnel and defense contractors.
A number of incidents stemming from the September 11 attacks have raised questions about legality.
A Virginia federal court ruled Wednesday that four former Abu Ghraib detainees who were tortured and later released without charge can sue U.S. military contractor CACI International Inc. (NYSE: CAI), according to their U.S. legal team. … The former detainees are represented by attorneys Susan L. Burke, William T. O'Neil and William F. Gould of Burke O'Neil LLC, of Washington, D.C.; …