[Congressional Record Volume 150, Number 109 (Tuesday, September 14, 2004)]
[Senate]
[Pages S9215-S9216]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
HUNGARIAN GOLD TRAIN
Mrs. CLINTON. Mr. President, on May 24, 2004, 17 Senators wrote to
Attorney General John Ashcroft to urge him to resolve the claims
brought by several thousand elderly Holocaust survivors in the matter
of the Hungarian Gold Train. These survivors seek restitution and an
accounting for the mishandling, loss and theft of their property in the
years after World War II. Administrations of both parties have made
clear our belief that when faced with evidence of wrongdoing,
governments should not rely on legalisms and technicalities to avoid
responsibility. Those of us who wrote the Attorney General hoped that
our own Government would rise to the same level of accountability when
its own conduct was at fault.
Unfortunately, the Justice Department continues to resist these
survivors strenuously in court. One disturbing tactic is to try to
undercut the Government's own research and admissions. The facts about
the Hungarian Gold Train were first brought to light by the
Presidential Advisory Commission on Holocaust Assets, chaired by
[[Page S9216]]
Edgar Bronfman, in a ``Progress Report'' issued in October 1999. The
commission called the Gold Train ``a mysterious example of a single
egregious failure of the United States to follow [its own] policy''
regarding restitution of Holocaust victims' property after World War
II. Now, however, in its recent filings in Federal court, the Justice
Department claims that the PCHA somehow retracted or backed away from
its findings. However, I recently received a powerful letter from Edgar
Bronfman, the chairman of that commission. Mr. Bronfman makes plain
that the commission stands by its report, which, as he points out, is
still prominently displayed on its website. I ask unanimous consent
that Mr. Bronfman's letter be made part of the Congressional Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Edgar M. Bronfman,
New York, NY, August 25, 2004.
Hon. Hillary R. Clinton,
U.S. Senate, Washington, DC.
Dear Senator: I have been reading your efforts as a member
of the United States Senate to address some of the open but
extremely important issues in the arena of restitution for
living victims of the Holocaust and their heirs. In
particular, I am aware, as was reported in the recent edition
of The National Journal, that you have taken on a leadership
role in seeking a fair and rapid settlement of the Hungarian
Gold Train matter.
As you know, I had the privilege of serving as the Chairman
of the Presidential Advisory Commission on Holocaust Assets
in the United States (``PCHA'') from its inception in 1998
through its conclusion in December 2000.
PCHA was established by act of Congress (P.L. 105-186) in
1998. the enabling legislation directed PCHA to ``conduct a
thorough study and develop a historical record of the
collection and disposition of the assets'' taken from victims
of the Holocaust by Nazi Germany or by the governments it
controlled, ``if such assets came into the possession or
control of the Federal Government'' at any time after January
30, 1933. As part of its task, PCHA was directed to file such
interim reports with the President as it deemed appropriate,
and to submit a final report to the President containing any
recommendations for legislative, administrative or other
actions it deemed necessary or appropriate.
Puruant to its Congressional mandate PCHA issued one such
interim report on October 14, 1999, the Progress Report On:
The Mystery Of The Hungarian Gold Train (``Progress
Report''). The Progress Report is a comprehensive and in-
depth historical analysis of the Gold Train story and is, in
my view, an accurate account of the United States' handling
and disposition of the ``Gold Train'' property. Tragically,
that report made public the long-concealed facts that the
United States mishandled the Hungarians' property and
disposed of it in violation of our laws, a blemish on an
otherwise magnificent record at that time.
When I learned that the Department of Justice has
criticized the Progress Report, and attempted to minimize its
significance in the current Federal court litigation, I
wanted to contact you about this urgent matter and state my
position as the former PCHA Chairman.
In December 2000 PCHA issued its final report as required
by P.L. 105-186. This report, Plunder and Restitution: The
U.S. and Holocaust Victims' Assets (``Plunder and
Restitution''), did not repeat all the findings of the
Progress Report. There was no need to repeat all of the
specific findings because they had already been made public
and remained available. Rather the findings were summarized
along with many others in the final report. In no way,
however, did PCHA intend to retract or retreat from the
findings of the Progress Report. In fact, for years the
Progress Report remained prominently displayed on PCHA's web
site and it remains there today at http://
www.holocaustassets.gov/.
I hope this clarifies the historical record and addresses
any questions your colleagues may have on this point.
Yours sincerely,
Edgar M. Bronfman.
Mrs. CLINTON. It is time for the Justice Department to do the right
thing. It is time to stop the delay and stop hiding behind legalisms
and technicalities. The Government should work with the survivors to
pay fair, timely and long overdue restitution. As my colleagues and I
wrote in May, for these survivors, justice delayed is justice denied.
____________________