April 3, 2020

Dear Chairmen Nadler and Engel:

I've discovered yet another injustice being done by the Trump Administration. The good news is that we have the power to stop this one. Let me explain: As you know, the Administration and some on the Hill are eager to remove Sudan from the list of State Sponsors of Terrorism. I'm not opposed to that, and I know Eliot has a constructive bill to try to help the new civilian government. But Sudan needs to earn its removal by fairly resolving the legal judgments held by the victims of the 1998 U.S.

Embassy bombings in Kenya and Tanzania against the Sudanese government. In 2008, Congress (led by then Senate Foreign Relations Committee Chairman Biden) amended the Foreign Sovereign Immunity Act to ensure that all VS. Government employees, both foreign nationals and U.S. citizens, could sue State Sponsors of Terrorism for acts of terror, and that the courts would calculate damages for both groups using the same framework. The idea was to ensure that all U.S. Government employees injured or killed while conducting their official duties would be compensated the same way.

I understand that the State Department has taken it upon itself to negotiate a settlement with Sudan on behalf of these victims. I gather that there are some Gulf States who may be willing to put up the settlement money, likely to facilitate future business in Sudan. I'm told that the State Department is proposing that U.S. nationals and foreign nationals be compensated differently, with U.S. nationals receiving vastly higher amounts of money for experiencing the same injury. A two-tiered system that blatantly disrespects the service of the Kenyans and Tanzanians who were working in our Embassies as U.S. Government employees would be wrong and inconsistent with the law.

In fact, many of these so­ called "foreign service nationals" have since moved to America and become citizens. Following many years of litigation, the U.S. court system calculated compensatory damages for the 567 Embassy employees and their families. The Trump Administration should not be permitted to disregard damages assessed by federal judges and substitute its own determinations. As further proof of the victims dysfunction of this Administration, the Solicitor General recently argued at the Supreme Court that these victims should also be entitled to punitive damages (at the same time when State is disrespecting their compensatory damages awards).

In order to finalize a settlement, the State Department will need to come to Congress to get a grant of immunity for Sudan from further liability. We should stand is united against providing any such immunity unless an equitable settlement for all victims is reached.

There has always been strong bipartisan support for the victims on the Hill. We need to tell the Administration that we will not provide Sudan with immunity until all those who sacrificed on behalf of our country are fairly compensated. As the Chairmen of the key Committees on this issue, a letter from the two of you to Pompeo making these points would be very effective. I think it would have the effect of sending State back to the drawing board and hopefully arriving at a reasonable deal.

Sincerely,

Bennie Thompson

Member of Congress