| Judge,
Jury, Exchequer
As special master of the September 11th Victim
Compensation Fund, Kenneth R. Feinberg alone puts
a price tag on the lives lost and injuries suffered
in the terrorist attacks. At first he was viewed
as cold and clueless. But by the end of the process,
he was a changed man.
By Neil Swidey, Globe Staff, 2/1/2004
He is 6 feet 4 inches, 240 pounds, a hulk of a
man, but on this December day he looks broken, sitting
there in the waiting room, with his broad shoulders
slumped, his lower back wrapped in a thick white
brace, and his forearms resting on an aluminum cane.
He is one of the lucky ones, a New York City firefighter
who made it out of the World Trade Center alive.
After two years of memorial services and media
interviews, surgeries and therapy sessions, this
is where the road ends: He sits in a drab room with
cream-colored walls on the 31st floor of a midtown
Manhattan office building, waiting for one man to
show up and single-handedly decide what his troubles
are worth. But on this morning that one man is late.
So the firefighter's lawyer, a round, voluble, perspiring
man with a buzz cut and a Long Island accent, rehearses
his presentation: How the firefighter was thrown
20 feet and buried in debris after Tower One collapsed.
How even Sharon Stone came to see him during his
recuperation.
The firefighter keeps his head down the whole time.
But then the door swings open, and Kenneth R. Feinberg,
the man they have been waiting for, charges in.
He is wearing an elegant Brioni suit over his slim
6-foot frame. He is chomping on a wad of Mary Jane
peanut butter candy that is big enough to push his
left cheek out a good 2 inches.
"Sorry I'm late. I'm getting pulled in a hundred
different directions," says Feinberg, revealing
a Brockton accent every bit as pronounced as the
Long Island lawyer's.
"No problem at all, Judge Feinberg,"
says the lawyer.
"Judge? My ass," says Feinberg, as he
motors through the waiting area and into the hearing
room.
It's true that Feinberg has never been appointed
to any bench. But it's an easy mistake to make,
given the unprecedented powers he's been given.
As special master of the September 11th Victim Compensation
Fund, Feinberg is judge, jury, and exchequer. He
alone puts a price tag on the nearly 3,000 lives
lost in the September 11, 2001, terrorist attacks
and on the physical injuries claimed by more than
4,000 people. Families get their checks from Feinberg
in exchange for agreeing not to sue the airlines
or the government. The average award so far is $1.8
million, and, as Feinberg frequently stresses, it's
tax-free. There is no appropriation for the fund
he administers; instead, Congress essentially gave
him a US Treasury checkbook and told him to fill
in the amounts as he sees fit. There is no appealing
his decisions except to him.
In assigning different values to different human
lives, he has been asked to play God, or at the
very least, Solomon, the Old Testament king famous
for the wisdom he exercised in arbitrating the knottiest
of life's questions. The task has been intense;
Feinberg often presides over eight hearings in a
single day. It is intense, but in a different way,
for 9/11 families, for whom the hearing before Feinberg
is a cathartic marker on their journey of grief.
Feinberg largely leaves it up to the families and
their lawyers to decide what they want to talk about.
"Don't feel you need to discuss what happened
on 9/11," he often tells them. They usually
do anyway. On one of the days I sat in on hearings
with Feinberg, the stenographer broke down in tears
as she tapped the family's grueling story into the
court record.
If his job is like being at ground zero every day,
Feinberg seldom shows signs of strain. During the
hearing with the injured firefighter, Feinberg spends
much of the time looking down at the printed summary
of the case in front of him, jotting down notes
in the margin, and tapping his left leg nonstop.
He aggressively rubs his bald head as he listens
to the Long Island lawyer nervously deliver the
presentation he had rehearsed in the waiting room.
When it's his turn to talk, the firefighter begins
by correcting an error in his lawyer's overview.
"It wasn't Sharon Stone," he says, smiling.
"It was Kathleen Turner."
The mood changes when he begins to discuss what
happened to his co-workers. One firefighter, he
says, was crushed to death by a body falling from
the sky.
"A fireman was killed by a flying body?"
Feinberg interjects, his eyes widening larger than
his small rectangular glasses.
The firefighter nods. "By a flying body,"
he repeats softly.
The firefighter recalls that as he ran toward the
parking garage around the corner from the World
Trade Center, "I could hear the building coming
down, floor by floor."
"Why were you under a lucky star on 9/11?"
Feinberg asks.
"Angels," says the firefighter's wife,
speaking for the first time during the hearing but
keeping her eyes closed.
The firefighter is here to appeal the size of his
initial award, which was below the fund average
and had been determined prior to any face-to-face
with Feinberg. His justification is the additional
surgery he had to have and a new medical report
declaring him permanently disabled. "I am on
eight medications. I wake up, and it takes me two
hours to get up," he tells Feinberg. He has
no interest in drawn-out litigation. "The reason
I went to the compensation fund is that I want to
get on with my life, emotionally, physically."
Feinberg looks across the narrow table and tells
the firefighter: "I will increase this award.
I can't tell you right now how much, but it should
be a substantial increase." Feinberg then stands
up, walks toward the firefighter, and extends his
right hand. The firefighter, his eyes red and moist,
pulls Feinberg toward him, wraps his long arms around
him, and doesn't let go for more than a minute.
IT'S HARD TO THINK OF A SINGLE program in
the history of the US government that has been so
identified with one man. True, the 58-year-old Feinberg,
who serves without a salary, relies on nearly 200
lawyers and support people to help him administer
the Victim Compensation Fund. But for most 9/11
families, the fund is Feinberg and Feinberg is the
fund.
Until very recently, that was hardly an asset for
the fund.
The fact that most hearings with Feinberg these
days end with tears and warm embraces is a remarkable
change from only a year ago, when the tears were
accompanied by angry, pointing fingers. At Feinberg's
series of packed "town meetings" with
families in New York, Boston, and Washington, people
stood up to accuse him of being cold, controlling,
and clueless to their suffering. One irate widower
set up a website called fixthefund.org.
Nowadays, so strong is that sense of trust with
Feinberg that many family members opt to wait several
months to have their hearing with him rather than
a speedier sit-down with one of his designated deputies.
The irate widower changed the headline on his website
to "The Fund Is Fixed" and has said it
is almost as if God had spoken to Feinberg.
There can be no denying that the dynamic between
Feinberg and the families is profoundly different
now. But has he changed?
His life story would suggest that's possible. In
many ways, it's just a series of improbable transformations
-- from lousy student to star of his class, from
the young lawyer who loved the courtroom to the
powerful mediator determined to spare people from
it, from liberal Ted Kennedy's chief of staff to
conservative John Ashcroft's aide-de-camp.
Feinberg grew up in a boxy Colonial in a middle-class
neighborhood on Brockton's west side. His father
ran a small used-tire business. His mother worked
part time as a bookkeeper. He had an older sister
and a younger brother, but within his circle of
friends, he was in charge. "Kenny was a good
leader," says his lifelong friend Barry Koretz,
who is now an architect in Brockton. "He would
say, 'This is what we're going to play, and when
we're going to do it,' and we'd all go along."
Yet school was a different story. Feinberg spent
most of his time shooting baskets at the Jewish
community center and graduated in the bottom half
of his class at Brockton High School. But when he
arrived at the University of Massachusetts at Amherst,
he came alive -- in his classes as a history major
and on the stage in student theater. His love of
opera and classical music, which had been sparked
at age 9 when he saw the Marx Brothers' A Night
at the Opera on television and then cultivated by
his synagogue's cantor, continued todeepen. In 1967,
he was tapped to deliver UMass's student commencement
address. He went on to earn his law degree from
New York University.
As a young prosecutor working for the US attorney's
office in Manhattan, he immediately fell in love
with the combat of the courtroom. He fell just as
hard for a young stock trader named Diane "Dede"
Shaff. It wasn't mutual. "He was a little,
you know, serious," she recalls. "You're
25, living in New York, going to parties, and here's
this guy who does operas and lectures." Eventually,
she came around. "He was so passionate about
life, so well informed. He opened up a whole other
world to me. And I rounded out his rough edges."
In 1975 they married and moved to Washington, D.C.,
so he could join US Senator Edward M. Kennedy's
staff. The Democratic icon says that what impresses
him most about Feinberg, whom he eventually made
his chief of staff, is how he stays rooted: "There
are some people who come from other stations in
life, and you can never tell it, not in the way
they speak, not in what they talk about it. Ken
keeps it."
But the real jolt to Feinberg's career came in
1983, when he got a call from Jack B. Weinstein,
an acquaintance who sat on the federal bench in
New York. Weinstein had been handed the contentious
Agent Orange standoff between Vietnam veterans claiming
injury from the infamous defoliant and the chemical
industry that made it. He asked Feinberg to mediate
the case, telling him his connections to Kennedy
and other senators might be useful.
At his first mediation session, Feinberg asked
each side what dollar figure they had in mind. The
chemical industry said it was prepared to pay $20,000
in total. The veterans said they wanted $1.2 billion.
Feinberg told them, "OK, we're making progress."
Six weeks later, both sides settled for $180 million.
The settlement was not without controversy. Feinberg
still keeps framed on his office wall a 1986 article
from Business Week decrying how, more than two years
after the big announcement, no veteran had yet received
a cent, while Feinberg had seen an $800,000 payday.
But the vets eventually got paid (although only
between $3,500 and $18,000 each), and the Agent
Orange case made Feinberg a hot commodity as a mediator.
(He would eventually open his own practice, The
Feinberg Group, and handle high-profile -- and highly
lucrative -- cases involving the Dalkon Shield birth
control device, silicone breast implants, and asbestos
exposure.) The Agent Orange case also introduced
him to a Vietnam vet named Chuck Hagel.
Hagel, who went on to become a powerful Republican
senator from Nebraska, was the first guy Feinberg
called two weeks after the September 11 attacks,
when Congress created the Victim Compensation Fund
as part of its $15 billion bailout of the airline
industry.
"He said he had an interest in doing it,"
Hagel recalls. One obvious holdup: The special master
of this new fund would report to the attorney general.
There was a reason why John Ashcroft didn't have
any staffers who were former top aides to Senator
Kennedy.
Ashcroft "recoiled initially," Hagel
says. But Hagel told him, "I don't know an
individual who can do it better."
Yet, in many ways, it's the transformation of Feinberg's
relationship with the 9/11 families that is most
remarkable. It began only after the interactions
between him and the families moved from large auditoriums
to small groups and one-on-ones. Feinberg understands
retail politics. In encounters with him these days,
many family members find themselves scratching their
heads, wondering if they're dealing with the same
guy.
Sometimes the transformations take place on the
same night.
It's early December. A dozen or so 9/11 family
members from Massachusetts have filed into the Tage
Inn in Somerville's Assembly Square to hear Feinberg
talk about December 22. That's the deadline for
them to decide whether to enroll in the fund and
thereby close off the litigation route.
In the last half of 2003, Feinberg made it his
mission to get at least 90 percent of the eligible
families to enroll. But the goal was a daunting
one, considering that the participation rate had
just barely broken the 70 percent barrier with less
than two weeks to go.
As Feinberg lends a hand to one widow as she takes
off her coat, another named Anne McNeil, wearing
a tan sweater with gold snowflakes on it, settles
into her seat in the fifth row. The Cambridge resident
turns to the woman sitting next to her and says,
"I want to hear him give me one good reason
why I should do this, rather than sue."
Like many 9/11 families, McNeil is upset about
the way in which Feinberg, before cutting the award
check, first deducts the total amount of life insurance
payouts that the victim's family received. To them,
that smacks of being penalized for the precautions
their loved ones took. The rule was mandated by
Congress, not Feinberg, but he came to be blamed
for it, especially after brushing aside early complaints
with a "those are the breaks" wave of
his hand.
Feinberg makes his pitch sitting down, using easy-to-understand
language. He is by turns firm ("The deadline
will not be extended"), humble ("People
tell me, 'You must know what these people have been
through.' I haven't the foggiest"), and flexible
("Just get me the first two pages of the application
form. You can sign it -- or don't sign it. I don't
care!").
Throughout, he speaks in his fully accented and
oddly cadenced style, making him sound like a Brockton
version of Jerry Stiller, the father from Seinfeld
and King of Queens.
McNeil stands up and tells Feinberg that her big
concern is the life insurance penalty. But she says
she has heard from other families that he is becoming
more "liberal" in crunching the numbers
in a way that lessens the sting of the deduction.
Can she take that to the bank?
As he has before, he offers to give her a "free
preview" of what her award would be, with the
option of dropping out of the fund within a month
if she doesn't like what she hears. And then he
adds this: "By the way, this allegation that
I'm more liberal -- I don't think that's right.
I think I've been pretty consistent."
In the end, the families give him a round of applause,
and he leaves with a roomful of converts, including
Anne McNeil. "I had thought he was a lot more
black-and-white than he came through tonight,"
she says. "I saw a real sense of caring in
him."
Still, swaying a dozen families won't move the
meter to anywhere near 90 percent. And some families
appear to be fully out of his reach.
More than 70 have filed lawsuits, saying that's
the only way they can pry answers from the government
and the airlines about what really happened. They
are undeterred by Feinberg's warning that litigation
will drag on for years -- lawsuits from the 1993
World Trade Center bombing have yet to go to trial
-- and that there is no guarantee they will extract
either money or answers. They accuse Feinberg of
trying to buy the families' silence on behalf of
the Bush administration.
Ellen Mariani is a 65-year-old southern New Hampshire
woman who lost her husband on United Flight 175.
She has filed suit against United Airlines, the
Bush administration, and Feinberg himself. "Right
now I am on Social Security. Two times, I had to
go to a food pantry," she says. "But I
will eat dirt before I take that money from Mister
Kenneth Feinberg! I don't understand how other people
could do this."
he 6 a.m. shuttle from Logan lands at LaGuardia
a little after 7. Feinberg's longtime New York driver,
a stocky, good-natured, pinky-ring-wearing guy named
Johnny Cusimano, is waiting in the town car. As
soon as he closes his door, Feinberg turns up the
volume of the classical music playing on the radio.
"OK, Johnny, what's this?" Feinberg says.
"I've taught you a lot. You should know this."
Cusimano cranes his ear but can't place it, so
I ask Feinberg for the identification.
"I know exactly who wrote it. Dvorak,"
he says, shaking his head. "Now what's the
piece? I'm almost sure it's Slavonic Dance No. 1.
He wrote 28 of them."
"We heard another one of them yesterday,"
Cusimano says.
I ask Cusimano if he had listened to classical
music before Feinberg came into his life.
"Nah," he says. "Now I do every
day. Very peaceful."
"Very peaceful," says Feinberg.
Lately, it's the only peace Feinberg finds in his
day. At his home in Bethesda, Maryland, he has an
elaborate listening room where he keeps his 6,000
CDs. He's already made arrangements for the Brockton
Public Library to get his collection after the fat
lady sings his final aria.
Some minutes later, the bass-voiced radio announcer
pipes in, "That was Slavonic Dance No. 1 of
Dvorak."
Even with Cusimano's sly shortcuts, it's just after
7:30 by the time we get to the midtown office building
where Feinberg has kept his New York office for
a decade. (His main office is in Washington.) The
first hearing was scheduled to start at 7:30. We
race into the elevator.
During my weeks of travel with Feinberg, I sat
in on 10 hearings that he presided over, in both
New York and Boston. They ran the gamut, from parents
of young victims seeking modest awards to widows
seeking tens of millions. In order to observe them
-- Feinberg says no other media outlet has been
granted this access to hearings -- I agreed not
to reveal any names or numbers specific to any one
case.
Each case was fascinating, and draining, in its
own way. But this single day of hearings in New
York provides a good window into what life for these
families is like these days, and what it will continue
to be like for Feinberg until June, when the last
claim must be processed.
At 7:40 a.m., we step into the conference room
to find a table crowded with faces. For this hearing,
the earnest lawyer has brought all kinds of reinforcements
-- fellow lawyers, an economist, a neighbor, a professor,
and others. Feinberg, as usual, is there by himself.
The widower making the claim is a sad-faced immigrant
who speaks halting English. His wife had a well-paying
senior job in the World Trade Center. A month before
she was killed, they learned that their young children
would develop a debilitating disease. Of all the
agonizing hearings I observe, this contains the
single most wrenching story. Still, its raw power
is dulled by the lawyers' tendency to overdo it
with too many witnesses and too much lawyerly questioning
of them.
That provides the backdrop for a singularly odd
experience: During the hearing, Feinberg -- a man
famous for needing no more than four hours of sleep
a night, a man who has not so much as yawned in
my presence -- wages a battle to keep his eyelids
from closing on him. The battle starts so slowly
that it's not clear at first whether Feinberg is
sleepy or just incredibly moved by what he's hearing.
But his slow head-lowering movements followed by
sudden jerks upward soon give him away. Yet he stays
engaged. As one of the lawyers leads a witness in
reciting her resume in excruciating detail, Feinberg
jerks his head up, open his eyes, and barks, "We'll
take judicial note that this is a very, very educated
witness."
The hearing exceeds by good measure the normal
hourlong duration. Despite the lawyers' ability
to make the heart-tugging somehow seem tedious,
Feinberg has gotten the message.
Feinberg has considerable discretion -- and no
cap -- in determining the size of awards. But because
of the fund's statutory requirements, its operating
regulations (which include everyone getting the
same amount for "pain and suffering"),
and his own sense of fair play, he must look for
empirical justifications to raise awards. Some of
the more common are the victim's earning potential,
the cost of "replacing" services that
the victim provided to the family, and medical and
child-care expenses, especially for children with
special needs.
"If there was ever a case that this fund was
designed to help, it is your situation," he
tells the widower. "I will exercise as much
discretion as I can. I wish I could do more."
After the phalanx files out of the conference room,
Feinberg turns to me and says, "Those are the
ones that you just want to say, 'How much do you
want? You write out the check, and I'll sign it.'
"
The next hearing does not promise to be any easier.
A distinguished woman wearing black slacks and a
pink sweater enters. Her eyes are red and puffy.
Her lawyer reaches for the box of tissues on the
table and moves it closer to her.
The reason for this appeal is to request a more
optimistic projection of the victim's earning potential.
That is quickly dealt with. But then it becomes
clear that the devoted mother simply wants to talk
about her only son. Several times, she mentions
that her son graduated from Boston College. Feinberg
files that away. Later, when she begins to break
down, he asks the woman if she has any grandchildren.
She holds up one finger and, wiping her eyes with
a tissue, whispers, "A grandson."
"I'm sure you already have him applied to
BC, right?"
The woman laughs and, with that, regains her composure.
She walks out smiling.
The next several hearings all concern the loss
of big earners. You'd think Feinberg, with his Brioni
suits and Bethesda address, would find an easy equation
with this crowd, but he often seems more at ease
chatting with the families of firefighters and cops.
Clearly, though, what has made him unpopular with
the well-heeled crowd is his refusal so far to grant
awards exceeding $8 million, even when income projections
would seem to justify much bigger awards. The fund,
he says, was designed primarily to make sure no
9/11 family (or airline) is left destitute. He doesn't
want "85 percent of the money going to 15 percent
of the people."
That doesn't stop some lawyers from trying. During
one hearing with an injured financial executive,
the lawyers show gruesome photos of the executive's
injuries and trot out a psychiatrist to talk about
reignited childhood trauma. There is something unseemly
about watching a victim who has been through so
much pain have to sit and listen as others talk
about how much anguish is still ahead. As far as
Feinberg is concerned, it's also unnecessary. Despite
all the early criticism about his coldness, behind
the scenes, Feinberg shows a real interest in the
treatment of victims and families.
After the client leaves the room, Feinberg closes
the door, turns to the lawyers, and throws up his
arms. "Why do you guys insist on bringing in
these people? A shrink talking about childhood trauma?
You guys think this is a trial."
If the immediate aftermath of September 11 exposed
the best of American society, the longer-term fallout
occasionally exposes the worst. The last hearing
of the day showcases a strain of conflict that Feinberg
sees with depressing frequency: the internal family
dispute.
An elegant widow who keeps her eyeglasses in her
hair sits down at the conference table. Her husband
had taken out several insurance policies before
his death. But her lawyers have a word of caution
for Feinberg before he reflexively deducts those
payouts from her fund award: She has barely seen
a dime.
The lawyers and the widow then detail an almost
unfathomable state of affairs. Her husband had put
his brothers in charge of their estate. She says
they were all on good terms. But since his death,
she says, her brothers-in-law have refused to release
any money. They insist they are saving it for the
couple's teenage children. But, the widow says,
when her son asked one of his uncles for some money
to cover his college tuition, he was told, "Tell
your mother to sell her house."
Feinberg is troubled. While it wouldn't seem to
be fair to deduct the insurance payments from her
award, he says, if he does raise it, what's to prevent
her in-laws from going after that in court as well?
It's just the latest entry in the list of thorny
family standoffs Feinberg has been asked to settle:
The parents who don't recognize a victim's same-sex
partner; the parents who filed fraud charges against
a woman claiming to be a fiancee but who they claim
is just a gold digger; the widows who learned their
husbands had secret families; the fathers who walked
out on their kids only to come forward to make a
claim after one was killed on 9/11.
Sometimes, he solves the matter by raising the
total award. Other times, all he can do is decide
the size of the award and let the parties battle
it out in probate court.
Feinberg says some of his most painful moments
have been seeing 9/11 families fight with each other.
"A firefighter's widow stands up to me and
says, 'My husband died a hero. He saved 30 lives.
You're going to give him $1.4 million, and you're
giving $5 million to the accountant who worked for
Enron! Where's the justice, Mr. Feinberg?'"
He still doesn't have a good answer. In order to
dissuade as many families as possible from suing
the airlines, the fund was set up to mirror the
US tort system, which essentially puts price tags
on things that really shouldn't have price tags
attached to them, like lives. Feinberg says the
more he has thought about it, the more he believes
that if Congress ever creates another fund like
this, it might make more sense to give every family
the same amount.
Then again, if everyone got the same amount, a
lot more people would probably skip the fund and
take their chances in court.
t's December 22, D-day for signing up for the fund.
At 11 a.m., Feinberg strides up to the flip chart
he has erected near the front door of his Washington
office. He pulls the cap off his black marker and
yells to his aide, Camille Biros, "Whatdawegot?"
She sprints from her office and hands him the latest
printout. Of the 2,976 families who had lost someone
in the 9/11 attacks, 2,720 had filed with the fund.
Carefully, he writes on his tote board: 91.4 percent.
He smiles broadly. All his last-minute family meetings
and media interviews have worked. He can now pretty
much let go of his biggest fear -- getting calls
from families a week after the congressionally imposed
deadline, saying the date had slipped their mind
and asking to get in.
Still, he's not taking any chances. At 2 p.m.,
he heads out for another round of TV interviews,
in the hope of spurring a few more filings before
the midnight deadline. It's an unseasonably warm
day as we leave the Canadian Broadcasting Company
studio -- the fund is open to foreigners, even undocumented
workers -- and head to MSNBC. Feinberg weaves between
packs of Asian tourists in front of the White House,
past clumps of TV reporters on the lawn breathlessly
discussing the elevated Orange Alert. A few blocks
later, he stops at a curbside snack stand and plunks
down a buck for a pack of vanilla wafers. It's the
first thing he's eaten since 5 a.m., besides the
clumps of candy that fuel him throughout the day.
The MSNBC interviewer asks him what every interviewer
asks him these days: Have you mellowed? Feinberg
tells him what he tells everyone: "I had vastly
underestimated the intensity of the emotion associated
with this program and these families." But
as we wait at a crosswalk on our way back to his
office, he grabs my arm. "You know, this whole
thing about how I've changed," he says, shaking
his head. "I think it's been somewhat exaggerated."
He says he has ached for the families from day one.
Yet the people closest to Feinberg concede that
he is, on some level, a different person. "He
has grown in ways I would never have imagined,"
says his wife, Dede. "He became more sensitive."
But much of the change has to do with the new circumstances.
"When you hire a lawyer, you want somebody
with good judgment and somebody who's going to be
tough. Those were strengths that served him well
in his career."
Unlike his previous work, when he was dealing with
high-level representatives rather than actual victims,
and usually years after the incidents, Feinberg
began meeting with 9/11 families just months after
the attacks. "They were angry and fearful;
their emotions were raw," recalls Deborah Greenspan,
Feinberg's law partner and deputy special master
of the fund. "Ken appears before them and says,
'This is so simple. It's so much of a better option
than suing.' That's not what they wanted to hear.
"But people have gotten used to the fund by
now," she says. "I think everybody has
changed."
We return to Feinberg's office, which is decorated
with framed articles about him as well as pictures
of his three children, the youngest of whom is a
college senior. At 4 p.m., the phone rings. It's
John Ashcroft. Their conversation is warm.
Ashcroft concludes by saying, "We'll see what
your next assignment is," even though Feinberg
still has to process thousands of claims in the
next six months.
"If you need me again," he replies, "I'm
at your service."
Several minutes later, as Greenspan walks into
Feinberg's office, he is still staring at the phone.
"That was the attorney general," he tells
her. "He said congratulations and thanks for
doing such a great job."
The next eight hours are relatively quiet, punctuated
by hourly updates to the tote board and a few more
media interviews. (As the staff munches on Chinese
takeout in the conference room while watching a
broadcast of the PBS NewsHour With Jim Lehrer that
will feature an interview with him, Feinberg bursts
in and yells: "Next up is a report on the Hubble
telescope. BORING. Then I'm on after that.")
A minute after midnight, Feinberg bounces up to
his tote board one last time. Deliberately, as though
he is writing for history, he glides his marker
across the chart. Total death claims: 2,833, or
95.19 percent. He smiles and caps the marker. (Because
applications only had to be postmarked by midnight,
over the next few days the number will climb to
more than 98 percent. Even 40 of the 79 people who
had originally sued the airlines change their minds
and enter the fund. The total number of injury claims
-- 4,325 -- is much higher than Feinberg expected.
Still, he estimates that the overall price tag of
the fund will be around $5 billion, less than Congress
anticipated when it created the fund two years ago
and feared that many more people had died in the
attacks.)
Feinberg takes the elevator down to the parking
garage, slides into his dark Jaguar, and plucks
out a Cohiba Cuban cigar from under the armrest.
He clips the end, strikes a match, and begins puffing
away. "This is the only place I can smoke,"
he says. "It's my moving humidor."
He cruises along empty Washington roadways as Strauss's
Der Rosenkavalier plays on the radio. Feinberg has
been awake for 20 hours. He looks as if he could
run a marathon. "It's all adrenaline,"
he says between puffs. "A great day."
But as we near his home in Bethesda, the other
side of the stunning surge in sign-ups begins to
dawn on him. His mind turns to a new deadline. "It's
a wonderful milestone," Feinberg says, "but
I must say I'm a little apprehensive about the challenge
of getting everything done by June 15."
Neil Swidey is a member of the Globe Magazine staff.
He can be reached at swidey@globe.com.
© Copyright 2004 Globe Newspaper Company.
© Copyright 2004 The New York Times Company
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