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                <text>Department of Justice Emails</text>
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                <text>The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families.  These e-mails have been organized here by date.</text>
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    <name>September 11 Email</name>
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Saturday, January 12, 2002 2:03 AM
Civilian versus Military Death Compensation?

The September 11th Victims Compensation Fund of 2001 unfairly compensates 
civilian citizens at the expense of military casualties.  

On September 11, 2001, Army Sergeant First Class &amp;nbsp&amp;nbsp&amp;nbsp&amp;nbsp , 44, 
of &amp;nbsp&amp;nbsp&amp;nbsp&amp;nbsp , died serving his country.  At the time of his death 
he was a supply sergeant assigned to the Pentagon.

On the same day, &amp;nbsp&amp;nbsp&amp;nbsp&amp;nbsp , also 44, of Staten Island, New York, 
a partner in the investment firm of &amp;nbsp&amp;nbsp&amp;nbsp&amp;nbsp , was killed while 
working at the World Trade Center in New York.

On January 4, 2002, Army Sergeant First Class &amp;nbsp&amp;nbsp&amp;nbsp&amp;nbsp , age 31, of &amp;nbsp&amp;nbsp&amp;nbsp , &amp;nbsp&amp;nbsp&amp;nbsp , died.  A member of the Army's elite Special Forces, he was 
killed in action in Afghanistan. 

Each of these men died violently as casualties in America's ongoing war with 
terrorists.  Each died in the prime of his life and each leaves behind a 
widow and two dependent children.  It is there that the equality ceases.

Within days of the September attacks, and with almost no public debate, the 
Congress enacted Public Law 107-42, the Air Transportation Safety and System 
Stabilization Act.  This law, in addition to providing billions of dollars in 
direct cash subsidies to an already floundering airline industry, established 
the September 11th Victim Compensation Fund of 2001.  This fund will pay an 
average of $1.6 million to some of the families of our most recent war dead.  


Portrayed as a program to aid victims' families the September 11th Victim 
Compensation Fund of 2001 is a key component of the airline industry's 
bailout legislation.  It is established with federal tax dollars wholly 
unrelated to private charitable contributions made on behalf of the victims' 
families.  It cleverly provides a legal shield to protect the airline 
industry from the economic impact of liability litigation.

Few people would disagree that lax airline security either led to or 
significantly contributed to the hijacking of four domestic airliners on 
September 11, 2001.  Lawsuits by the survivors of those who died in the 
attacks would have reasonably established the airlines' negligence.  
Sympathetic juries would have undoubtedly awarded huge sums in actual and 
punitive damages to the victims' survivors.   Moreover, had they been forced 
to defend themselves in court the airlines could have transferred some of the 
liability to federal agencies tasked with ensuring aviation safety.

The government's desire to prevent successful litigation against the airlines 
and the ensuing embarrassment to federal agencies is understandable.  Many 
have begun to perceive the September 11th Victim Compensation Fund of 2001 as 
a buyout.  In exchange for a waiver of their right to sue, survivors of the 
victims will receive an estimated $6 billion (yes, billion), tax dollars in 
compensation from the Fund.

Touted as being in the best interest of the families, the compensation 
payments will be "fast-tracked" with oversight truncated and streamlined to 
ensure full and prompt payment.  The desire for such speed has little to do 
with the health and well being of the survivors.  It has everything to do 
with the airline industry's desire to expeditiously relieve itself and their 
stockholders of liability.

Consider the deaths of &amp;nbsp&amp;nbsp&amp;nbsp&amp;nbsp and sergeants &amp;nbsp&amp;nbsp&amp;nbsp&amp;nbsp and &amp;nbsp&amp;nbsp&amp;nbsp&amp;nbsp .  The 
family of &amp;nbsp&amp;nbsp&amp;nbsp&amp;nbsp , the partner at &amp;nbsp&amp;nbsp&amp;nbsp&amp;nbsp , based on his income 
reduced by complex offsets for insurance and other private benefits, is 
eligible for assistance from the September 11th Victim Compensation Fund of 
2001.  Likewise, the family of sergeant &amp;nbsp&amp;nbsp&amp;nbsp&amp;nbsp , who died in the attack on 
the Pentagon, is also eligible.  However, his family will be entitled to 
less.  Under the Fund's proposed rules Sergeant &amp;nbsp&amp;nbsp&amp;nbsp&amp;nbsp military earnings 
will  "devalue" his life in comparison to civilian victims engaged in more 
lucrative careers.  Few can fail to see the unfairness of this situation.  

The real inequity comes in considering the death of sergeant &amp;nbsp&amp;nbsp&amp;nbsp&amp;nbsp who was 
killed by gunfire in an ambush in Afghanistan.  His survivors are ineligible 
for the generous $1.6 million in benefits provided to &amp;nbsp&amp;nbsp&amp;nbsp&amp;nbsp and 
sergeant &amp;nbsp&amp;nbsp&amp;nbsp&amp;nbsp families by the September 11th Victim Compensation Fund 
of 2001.  Without the ability to barter a waiver to bring suit against a 
major industry for his death, sergeant &amp;nbsp&amp;nbsp&amp;nbsp&amp;nbsp family will receive only the 
proceeds of his military life insurance policy and a modest monthly stipend 
from the Veterans Administration.

&amp;nbsp&amp;nbsp&amp;nbsp&amp;nbsp are among the latest casualties in America's 
war with terror.  In this struggle the deaths of others preceded theirs.  
Coming readily to mind are the 17 sailors killed aboard the U.S.S. Cole, 
another 12 American deaths in the embassy bombings in Africa, 19 dead in the 
bombing at Kobar Towers in Saudi Arabia, and the 6 Americans who died in the 
first (1993) attack on the World Trade Center.

As with sergeant &amp;nbsp&amp;nbsp&amp;nbsp&amp;nbsp , a hijacked airliner did not kill these other 
victims of this war.  Their survivors are just as ineligible for the benefits 
of the September 11th Victim Compensation Fund of 2001.  These inequities are 
an insult to our uniformed military personnel.  Allowed to remain unchanged, 
it will forever taint the fairness of posthumous care for their families that 
our military personnel have a right to expect when placed in harm's way.
 
Given the events of September 11, 2001, it is no longer impossible to believe 
that a successful nuclear or biological attack could not be made against the 
United States.  Such an attack could result in tens of thousands of 
casualties.  Evenhandedness requires a public policy that treats each of this 
war's victims - past, present, and future -- civilian and military, as 
equals.

We have begun to see the public spectacle of survivors squabbling over the 
inequity of the proposed awards from the Fund.  None of the survivors should 
be made to feel that his or her loved one was in any way less valuable than 
another victim.  Never should an orphaned child be made to believe that his 
murdered parent's life was worth less than that of some other parent.

The September 11th Victim Compensation Fund of 2001 is bad public policy.  In 
human terms of grief and suffering the survivors' losses are equal.  Our 
American sense of fair play dictates that this equality of loss deserves to 
be equally compensated.
                
XXX


 
Individual Comment
Roanoke, VA



 
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        <name>September 11 Email: Date</name>
        <description>The local time and date when the message was written.</description>
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            <text>2002-01-12</text>
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              <text>dojN001568.xml</text>
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          <description>The process status of this item.</description>
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          <description>Whether September 11 Digital Archive has permission to possess this item.</description>
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          <description>Whether the contributor gave permission to post this item.</description>
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          <description>Whether the contributor holds copyright to this item.</description>
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          <description>The source of this item.</description>
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              <text>email</text>
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          <description>Whether the author created this item.</description>
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          <description>The date this item was entered into the archive.</description>
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              <text>2002-01-12</text>
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