Al Franken isn't doing much to stop partisans on the left from using a measure he sponsored to paint Republicans as rapist sympathizers. Franken fallout has GOP fuming

Republican senators feel burned by Al Franken — and not by his old jokes.

The Republicans are steamed at Franken because partisans on the left are using a measure he sponsored to paint them as rapist sympathizers — and because Franken isn’t doing much to stop them.

“Trying to tap into the natural sympathy that we have for this victim of this rape —and use that as a justification to frankly misrepresent and embarrass his colleagues, I don’t think it’s a very constructive thing,” Sen. John Cornyn (R-Texas) said in an interview.


“I think it’s going to make a lot of senators leery and start looking at things he’s doing earlier on, because I don’t think it got appropriate attention ahead of time.”

In a chamber where relationship-building is seen as critical, some GOP senators question whether Franken’s handling of the amendment could damage his ability to work across the aisle. Soon after Tennessee GOP Sens. Bob Corker and Lamar Alexander co-wrote an op-ed in a local newspaper defending their votes against the Franken measure, the Minnesota Democrat confronted each senator separately to dispute their column — and grew particularly angry in a tense exchange with Corker.

People familiar with the Corker exchange say it was heated and ended abruptly — a sharp departure from the norm on the usually clubby Senate floor.

At issue is an amendment to the Pentagon spending bill that would bar “future and existing” federal contracts to defense contractors and subcontractors “at any tier” who mandate employees go through a company’s arbitration process for workplace discrimination claims — including claims of sexual assault. The measure passed 68-30, with 10 Republicans voting yes and 30 voting no.

Franken, who declined to be interviewed, has said previously that the measure was inspired by the story of former KBR employee Jamie Leigh Jones, who alleges that she was drugged, beaten and gang-raped at age 19 when stationed in Baghdad. She fought the arbitration clause in her contract, and in September the U.S. Court of Appeals for the 5th Circuit ruled that Jones’s sexual assault allegations were not “related to” her employment, allowing her to proceed in court. KBR is fighting the ruling.

As a comedian, talk show host and best-selling author, Franken showcased his ability to dress down Republicans with devastating attacks. Since becoming a senator in July, Franken has publicly tried to maintain a distance from that image — and aides are quick to note that Franken had nothing to do with coordinating the barrage of attacks waged against the Republicans.

But some of his new Republican colleagues argue that the amendment is being grossly mischaracterized — and has spawned attacks like the satirical website RepublicansforRape.org — and now question whether Franken is doing a good job of separating his past from his current line of work.

“I don’t know what his motivation was for taking us on, but I would hope that we won’t see a lot of Daily Kos-inspired amendments in the future coming from him,” said South Dakota Sen. John Thune, No. 4 in the Senate Republican leadership. “I think hopefully he’ll settle down and do kind of the serious work of legislating that’s important to Minnesota.”

Aides point out that despite attacks on Republicans by liberal commentators like Rachel Maddow and Keith Olbermann and on blogs such as Daily Kos, Franken never appeared on any of the shows or on the blogs to make a partisan argument about the matter, saying that the senator turned down entreaties to do so. Also, they point to the 10 Republicans who voted for the amendment as proof that it wasn’t a partisan measure.

“Sen. Franken has been proud to partner with both Republicans and Democrats to find common-sense solutions to the problems we face,” said Jess McIntosh, his spokeswoman. “He’s been working hard for Minnesota since he got here five months ago and has already introduced 10 bills — four of which were introduced with Republican co-sponsors, and two already passed the Senate with broad bipartisan support.”

But some Republicans are not buying it, seeing what they say are unfair attacks launched against them.

Sen. Kit Bond (R-Mo.), who also voted against the amendment, said, “from what I know of” Franken, he “expected” such tactics.

Beneath the personal story and the partisan recriminations is a long-simmering dispute between trial lawyers and the business lobby, with trial lawyers arguing that mandatory arbitration clauses stack the decks against employees, and business groups arguing that arbitration is the fairest, most expeditious and least expensive way to deal with complaints and that mandatory arbitration evens the playing field.

Franken’s office contends that the bill language is narrowly tailored to affect situations in which employers mandate that employees’ sexual assault claims go through arbitration. But critics say the language was loosely written and could cover a wide range of employment-related disputes and flood the court system with tens of thousands of additional claims. The Defense Department raised concerns about the enforceability of the Franken amendment, as well as its potential to unravel contracts — and urged senators to vote against it. It now awaits its fate in the conference committee.

Given the nuance of the debate, Republicans argue that Franken should make it clear that GOP senators don’t support assault or rape — especially since the amendment deals only with civil claims, making it possible for alleged rapists to be prosecuted criminally.

“I think it would be helpful for Sen. Franken to come forward and say, ‘I’m not suggesting that anybody who votes for my amendment is indifferent to crimes against women or anybody else,’” said Sen. Lindsey Graham (R-S.C.), who voted against the amendment. “What’s going on politically with the amendment Sen. Franken can’t control, but I think it would be helpful for him personally to just let the rest of us know that’s the views of others — not him.”

Graham added that he had a “good relationship” with Franken and didn’t question the Democrat’s motivations.

Sen. Johnny Isakson (R-Ga.), who co-authored a bill with Franken to ensure that veterans receive access to service dogs, said Franken’s “motivations were good” on that plan. But when asked about the defense contractor amendment, Isakson said “that’s another question,” declining to speculate about Franken’s motivations.

Franken has gotten into heated arguments before with Republicans, including with T. Boone Pickens, whom Franken reportedly slammed at a Democratic policy lunch this summer for helping finance the Swift Boat Veterans for Truth attacks against Sen. John Kerry in the 2004 presidential campaign.

Corker’s exchange with Franken grew heated as well, but McIntosh declined to comment on that.

In an interview, Corker acknowledged that Franken confronted him on the floor, but he declined to characterize the talk other than to say he disagreed with Franken’s arguments.

On their relationship, Corker said: “We serve together on an Aging Committee — I say hello when we see each other.”

Alexander said his exchange with Franken about the op-ed wasn’t unusual since the two men had a “very good” breakfast the day before. He said that he argued his point to Franken but didn’t want to question Franken’s motivations.

Others are not as convinced that Franken was staying above politics.

“It was partisan — and he knew it,” said Sen. Tom Coburn (R-Okla.). “That’s exactly what I’d expect.”

But Democrats say Franken isn’t doing anything other than trying to find solutions to thorny issues.

“He has been an exemplary legislator,” said Sen. Chuck Schumer (D-N.Y.), who helped urge Franken to run in 2008. “When you’ve never been a legislator, it takes a long time to learn it. He’s one of the quickest studies and best at it that I have seen.”

McIntosh, the Franken spokeswoman, said that her boss wants every Republican to support the amendment.

“Jamie Leigh’s story resonated with a lot of people, and correcting this wrong in our system means a lot to them,” McIntosh said.