Letter from 520 Victims of Sudan-Sponsored Terrorism to Sec. Pompeo

State Should Cease Efforts to By-Pass U.S. Courts and Negotiate a Deal Settling Victims’ Claims Without Their Participation or Final Consent

The Honorable Michael Pompeo, Secretary of State

U.S. Department of State

2201 C Street NW

Washington, D.C. 20230

March 17, 2020

Dear Mr. Secretary,

We are the survivors and victims of the 1998 bombings of the U.S. embassies in Nairobi and Dar es Salaam. On August 7, 1998 in the almost simultaneous bombings against the U.S. embassies 242 people were killed and thousands more were injured. In those attacks U.S. citizen and foreign national employees alike were killed and injured because they chose to work for the interests of the U.S. Government.

We hold judgments against Sudan for sponsoring those attacks. In two separate trials, Sudan was found liable for aiding and abetting Al Qaeda in bombing the American Embassies. The U.S. federal court ordered Sudan to pay a combined $5.9 billion in compensatory damages to all victims from those attacks. For over twelve years, Sudan sought to fight and delay the course of justice, however after a lengthy appeal, Sudan’s liability, along with our compensatory damages, were affirmed. On February 24, 2020 the Solicitor General joined us at the Supreme Court of the United States to argue for an additional $4.3 billion in punitive damages.  For that support, we greatly thank President Trump and the Solicitor General.

For over twenty years the victims have sought justice against Sudan for sponsoring terrorism against the United States. From 2011-2014, Judge Bates worked with seven Special Masters to individually calculate damages for 567 U.S. Embassy employees and their family members.  Now, as a new regime takes over the Sudanese Government, we understand that the U.S. State Department, via the legal advisor’s office, has begun negotiating a settlement to address all outstanding claims against Sudan.  In the media the Prime Minister of Sudan has bragged that Sudan is close to settling these American terrorism judgments for pennies on the dollar.

For us, this case is not just about compensation, it’s about getting justice and deterring future acts of terrorism.  We don’t want any other U.S. Embassy employee, U.S. citizen or not, to go through what we have gone through. Other countries must know that the United States will not stand for terrorism directed at its embassies, and financial penalties are a very effective way to send that message.

We are very worried that that the office of the State Department Legal Advisor may disregard damages assessed by U.S. federal judges and substitute its own financial determinations. Moreover, we are concerned that the State Department plans on compensating foreign nationals at a lower level than U.S. citizens. The U.S. government should not give Sudan a discount for killing or injuring a U.S. Government employee who was a foreign national. There is no support or rationale for this disparate treatment under the law Congress enacted. Moreover, Judge Bates considered and uniformly rejected this insulting view. We know this is America, and all people should be treated equally.

         We ask that you direct your staff to (1) regularly update Congress on the specifics of the settlement negotiations (2) include victims’ attorneys in settlement negotiations and (3) ensure that in any settlement all victims, regardless of nationality, are compensated commensurate with the damages awards they received in the U.S. court system.

Sincerely,

[Signed by 520 Victims

of Terrorists Sponsored by Sudan]