Hencely v. Fluor Corp. · ¶53

This suit violates that cardinal principle. Among other concerns, the trial proceedings that will result from today's decision are likely to implicate the Government's policy decisions about the operation of Bagram Airfeld during the War on Terror. Fluor has stated that it will attempt to assign blame for the bombing to the military. In doing so, Fluor is likely to challenge the military's decision to give Nayeb access to the base in the first place, as well as the suffciency of the military's periodic reassessments of his trustworthiness. And to support this defense, Fluor may demand discovery of sensitive Government documents and may depose and cross- examine military commanders about policy decisions that involved a delicate and contestable balancing of wartime interests. In the end, a jury may be asked to decide whether petitioner's injuries were caused by the negligence or bad…

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