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American Morning

Interview With Kenneth Feinberg

Aired September 11, 2003 - 08:18   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


SOLEDAD O'BRIEN, CNN ANCHOR: A court ruling this week lets families of 9/11 victims sue airlines, security firms, building owners and government agencies in connection with that tragedy. A government administered fund has already been set up to help the families. But with the deadline fast approaching, nearly 60 percent of the people still haven't filed claims.
The special master of the federal September 11 Victims Compensation Fund is Kenneth Feinberg.

He joins us this morning.

It's nice to see you.

Thanks for joining us.

KEN FEINBERG, SPECIAL MASTER, 9/11 VICTIMS FUND: Thank you.

O'BRIEN: Forty-two percent of people who are eligible have filed, but a huge proportion have not. Why do you think so?

FEINBERG: Well, the primary reason, as I've said, is grief. I go around the country and met with these families and you'd be amazed at the number of families that say, Mr. Feinberg, I'm just not ready, I can't put pen to paper, I'll get there, I'll do it, but I just need more time.

O'BRIEN: As the man who knows very well when that deadline is, does that worry you? Does it shock you when you hear that?

FEINBERG: It doesn't shock me, but it does worry me. December 22nd is the statutory deadline. Anybody who does not file -- and the average award, tax-free, is about $1.5 million. So I am now traveling the country, trying to convince these families that the best option, the quickest, the most certain is the fund.

O'BRIEN: In addition to people who are wrestling with their grief, of course, there have got to be people who are considering lawsuits. And as we mentioned, a court just sort of paved the way for people who may want to sue the Port Authority, who may want to sue the airlines.

Do you have any estimate on what percentage of those people are not overcome with their grief but are sort of weighing their options at this point? FEINBERG: Very, very few. Litigation is 10 years or more. Even if you win, no sure thing, 40 percent to your lawyer and the liability of the airlines and the World Trade Center is capped. I don't view the litigation alternative as the problem. To me, if people want to sue, they have a right to. I'm worried about the people out there, the families, who are doing nothing. And that deadline may slip by, no lawsuit, no fund, no nothing. I think that would compound the tragedy of September 11.

O'BRIEN: How big of an issue do you think it is for those people who are undocumented workers or are very worried that, frankly, by filling out any kind of forms -- and, I should point out that this application is gigantic to get the money -- that somehow the INS will be then hot on their trail, frankly?

FEINBERG: And I think that's a legitimate concern, fear. But I've told these families they fear not. They have no reason to fear. The attorney general solidly behind this program. The administration, backing me up, has made it very, very clear that anybody who's worried about deportation or sanctions, there will be no repercussions. They need not worry about that and we're working with those families to try and get them to file.

O'BRIEN: The statutory deadline, as you mentioned, December 22. Why is that a deadline that can't be moved? Why can't, what makes it so final? Because from what you're saying, that's the deadline and that's it.

FEINBERG: That's in the statute. Now, if the Congress wants to extend the deadline, that's entirely within the prerogative of Congress. I will follow the law. The law right now could not be clearer -- if you do not file by December 22 -- and I have reservations, I have doubts about whether there will be an extension. But if you don't file by December 22, there's nothing I can do. The statute is clear on its face.

O'BRIEN: The application is two inches thick. It's complicated. And you're talking about people who are mired in grief. Some people have said well, it's been two years, that's a long time. For many of the widows I've spoken to, they are just barely beginning to get their lives back.

Are you making the process any easier for them?

FEINBERG: Are we ever. First of all, that application may be complex. We're talking about giving or awarding people tax-free millions of dollars. We have to make sure that it is a valid application and the information is there. But I am going around the country with my staff. We will help people. We will sit with them. We will assist them in filing any application. We will ask them just to get in the bare basic information, so that they beat the deadline. We'll work with them after that to make sure that the application is complete and they quickly get their money a lot quicker by years than they would get it if they litigate.

O'BRIEN: Well, Kenneth Feinberg is the special master of the September 11 Victims Fund.

It's nice to have you.

Thanks for clarifying some of that information for us. Appreciate it.

FEINBERG: Thank you very much.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com







Aired September 11, 2003 - 08:18   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
SOLEDAD O'BRIEN, CNN ANCHOR: A court ruling this week lets families of 9/11 victims sue airlines, security firms, building owners and government agencies in connection with that tragedy. A government administered fund has already been set up to help the families. But with the deadline fast approaching, nearly 60 percent of the people still haven't filed claims.
The special master of the federal September 11 Victims Compensation Fund is Kenneth Feinberg.

He joins us this morning.

It's nice to see you.

Thanks for joining us.

KEN FEINBERG, SPECIAL MASTER, 9/11 VICTIMS FUND: Thank you.

O'BRIEN: Forty-two percent of people who are eligible have filed, but a huge proportion have not. Why do you think so?

FEINBERG: Well, the primary reason, as I've said, is grief. I go around the country and met with these families and you'd be amazed at the number of families that say, Mr. Feinberg, I'm just not ready, I can't put pen to paper, I'll get there, I'll do it, but I just need more time.

O'BRIEN: As the man who knows very well when that deadline is, does that worry you? Does it shock you when you hear that?

FEINBERG: It doesn't shock me, but it does worry me. December 22nd is the statutory deadline. Anybody who does not file -- and the average award, tax-free, is about $1.5 million. So I am now traveling the country, trying to convince these families that the best option, the quickest, the most certain is the fund.

O'BRIEN: In addition to people who are wrestling with their grief, of course, there have got to be people who are considering lawsuits. And as we mentioned, a court just sort of paved the way for people who may want to sue the Port Authority, who may want to sue the airlines.

Do you have any estimate on what percentage of those people are not overcome with their grief but are sort of weighing their options at this point? FEINBERG: Very, very few. Litigation is 10 years or more. Even if you win, no sure thing, 40 percent to your lawyer and the liability of the airlines and the World Trade Center is capped. I don't view the litigation alternative as the problem. To me, if people want to sue, they have a right to. I'm worried about the people out there, the families, who are doing nothing. And that deadline may slip by, no lawsuit, no fund, no nothing. I think that would compound the tragedy of September 11.

O'BRIEN: How big of an issue do you think it is for those people who are undocumented workers or are very worried that, frankly, by filling out any kind of forms -- and, I should point out that this application is gigantic to get the money -- that somehow the INS will be then hot on their trail, frankly?

FEINBERG: And I think that's a legitimate concern, fear. But I've told these families they fear not. They have no reason to fear. The attorney general solidly behind this program. The administration, backing me up, has made it very, very clear that anybody who's worried about deportation or sanctions, there will be no repercussions. They need not worry about that and we're working with those families to try and get them to file.

O'BRIEN: The statutory deadline, as you mentioned, December 22. Why is that a deadline that can't be moved? Why can't, what makes it so final? Because from what you're saying, that's the deadline and that's it.

FEINBERG: That's in the statute. Now, if the Congress wants to extend the deadline, that's entirely within the prerogative of Congress. I will follow the law. The law right now could not be clearer -- if you do not file by December 22 -- and I have reservations, I have doubts about whether there will be an extension. But if you don't file by December 22, there's nothing I can do. The statute is clear on its face.

O'BRIEN: The application is two inches thick. It's complicated. And you're talking about people who are mired in grief. Some people have said well, it's been two years, that's a long time. For many of the widows I've spoken to, they are just barely beginning to get their lives back.

Are you making the process any easier for them?

FEINBERG: Are we ever. First of all, that application may be complex. We're talking about giving or awarding people tax-free millions of dollars. We have to make sure that it is a valid application and the information is there. But I am going around the country with my staff. We will help people. We will sit with them. We will assist them in filing any application. We will ask them just to get in the bare basic information, so that they beat the deadline. We'll work with them after that to make sure that the application is complete and they quickly get their money a lot quicker by years than they would get it if they litigate.

O'BRIEN: Well, Kenneth Feinberg is the special master of the September 11 Victims Fund.

It's nice to have you.

Thanks for clarifying some of that information for us. Appreciate it.

FEINBERG: Thank you very much.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com