Attorneys Cited
Still Fighting
November 23, 2003: CBS News’ Correspondent Mike Wallace broadcast a "60 Minutes" feature entitled "Still Fighting" regarding American servicemen tortured during the 1991 Gulf War while held in Iraq and their efforts to hold Iraq accountable.
The segment featured interviews with four of the former POWs: Col. USMC (Ret.) Cliff Acree, Lt. Col., Air National Guard Dale Storr, Lt. Col., USAF (Ret.) Jeff Tice, and Lt. Col. USAF (Ret.) Jeff Fox, who detailed their experiences and discussed the need to hold Iraq accountable in order to deter the torture of American POWs in the future.
At the time of the "60 Minutes" feature, the POWs had been awarded substantial damages pursuant to a statute passed by Congress, which allowed compensation for American citizens who are tortured by a nation on the State Department's list of terrorist nations. Under this statute, damages were to be paid out of the frozen assets of the terrorist nation, in recognition of the fact that terrorist nations must be held accountable in order to deter acts of torture in the future. Payment of the POWs' judgment would have represented only a fraction of the $1.7 billion in frozen Iraqi funds available at that time. However, before the judgment could be satisfied, the Bush Administration confiscated the frozen funds for the purported purpose of assisting in the rebuilding of Iraq. The Justice Department also took the additional step of going to court in an effort to erase the POWs' final judgment.
Molly Poag of Steptoe's Washington office urged the Administration to reconsider its actions. She explained the offer that the POWs had already made to the government: "Our clients came forward and said, 'Please, use the money now, as long as you, the US Government, agree to replenish this fund later from Iraqi funds.' Because Iraq has the second largest oil reserves in the world, in the future there will be funds. And we need not shut out the POWs." This offer, however, was ignored.
Despite losing at the district court level, DOJ appealed, and the court of appeals overturned the district court ruling on an issue neither raised by the DOJ nor briefed by the parties. Additional efforts have been undertaken on behalf of the POWs – including the filing of a 60(b) motion in district court and the filing of a “takings” claim in the Federal Court of Claims.
The former POWs remain focused on deterring future POW mistreatment and have created a Foundation for POWs/MIAs and their families as part of this effort to give American servicemen and women as much protection as possible when held in enemy hands, as well as to mitigate the hardship of life after repatriation.
To read the transcript from the “60 Minutes” feature, please click here. For more information about Steptoe counsel, the cause, and what you can do to help support the POWs' efforts, please click here.
