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the Secretary of Homeland Security, and the Secretary of Defense, before initiating a custodial interrogation of foreign terrorists or filing civilian criminal charges against them. If there is a disagreement between the Attorney General and these officials regarding the appropriate approach to the detention and interrogation of the foreign terrorist, then only the President may direct the initiation of the identified civilian law enforcement actions.
Collins stresses that the legislation would not deprive the President of any investigative tool, nor would it preclude a decision to charge a foreign terrorist in our military tribunal system or in our civilian criminal justice system. She says it would simply require that the Attorney General coordinate with top intelligence officials before making a decision that could foreclose the collection of additional intelligence information on the suspect.
Collins points out that such a consultation requirement is not unprecedented. In espionage cases, Congress has already recognized that when valuable intelligence is at stake, national security should trump decisions based solely on prosecutorial equities. She says this requirement must be extended to the most significant threat facing our nation - terrorism.
“I encourage the Senate to quickly act on this important legislation,” said Senator Collins. “The changes proposed are modest, but the consequences could be a matter of life and death.”
Canadian Firm to Pay $4 Million to Settle Defective Bullet-Proof Vests Lawsuit
S t. Catharines, Ontario - Lincoln Fabrics Ltd., a Canadian weaver of ballistic fabrics, and its American subsidiary, have agreed to pay the United States $4 million to settle the United States’ lawsuit against Lincoln for violations of the False Claims Act in connection with their role in the weaving of Zylon fabric used in the manufacture and sale of defective Zylon bullet-proof vests, the Justice Department announced.
Using Zylon fiber manufactured by Toyobo Corp., Lincoln wove ballistic fabric for the body armor industry. Lincoln’s woven Zylon fabric was used in the manufacture of Zylon bullet-proof vests sold by several companies, including Second Chance Body Armor Inc., First Choice Armor Inc. and Point Blank Body Armor Inc. These vests were purchased by the United States, and by various state, local, and tribal law enforcement agencies, which were partially reimbursed by the United States.
Quote of the Quarter
"They say there are only two certainties in life, death and taxes. The only difference is, death doesn't get worse every time Congress meets. — Sprak M. Matsunaga
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The United States alleged that the Zylon in these vests lost its ballistic capability quickly, especially when exposed to heat and humidity. The United States further alleged that Lincoln was aware of the defective nature of the Zylon by at least December 2001, but continued to sell Zylon for use in ballistic armor until August 2005, when the National Institute of Justice issued a report that Zylon degraded quickly in ballistic applications. At that time, all American body armor manufacturers stopped using Zylon in body armor.
In October 2009, the United States filed suit against Lincoln for violations of the False Claims Act and related claims. The settlement announced last week resolves the lawsuit.
“Companies that knowingly sell the government defective bulletproof vests not only commit fraud, they put the lives of our law enforcement women and men at risk,” said Tony West, Assistant Attorney General for the Civil Division of the Department of Justice. “We will pursue vigorously allegations that these or any other companies manufactured flawed vests, knew about their problems, yet sold them anyway.”
The settlement is part of a larger investigation of the body armor industry’s use of Zylon in body armor. As part of the settlement agreement, Lincoln has pledged its cooperation in the Government’s on-going investigation. The United States previously has settled with six other participants in the Zylon body armor industry for over $54 million. Additionally, the United States has pending lawsuits against Toyobo Co., Honeywell Inc., Second Chance Body Armor, Inc. and First Choice Armor Inc.
The settlement with Lincoln was the result of an ongoing investigation by the Justice Department’s Civil Division, the U.S. Attorney’s Office for the District of Columbia, the General Services Administration Office of the Inspector General, the Department of Homeland Security Office of Inspector General, the Treasury Inspector General for Tax Administration, the Defense
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