By Melanie Fonder, HillNews.com
|
After surviving the
Bataan Death March, Lester Tenney was sent in a "hell ship'
to Japan where he spent the next two years in a Mitsui coal mine
working more than 12 hours a day on meager rations of rice and water.
|
|

|
In 1999, Tenney was the first former prisoner-of-war
to sue Mitsui on the basis of a newly enacted California statute. But
the U.S. State and Justice departments blocked the move.
"THEY KNOW THAT
THEY TORTURED US; THEY KNOW THAT THEY IMPRISONED US; THEY KNOW THAT THEY
KILLED US." TENNEY SAID IN A TELEPHONE INTERVIEW. "THEY'RE GOING TO TRY
TO PULL ALL THE STOPS OUT TO TRY AND MAKE PEOPLE BELIEVE SOMETHING IN
THE TREATY."
Some 50 years later, a politically savvy
team is working on behalf of the Japanese government and the companies
implicated in those atrocities.
|
The LOBBYISTS include such
Washington heavyweights as former House SPEAKER TOM FOLEY
(D-Wash.), who later served as President Clinton's AMBASSADOR
TO TOKYO, and former House Republican leader ROBERT MICHEL
(R-Ill.).
|
|

|
Foley, now a lobbyist at AKIN GUMP STRAUSS
HAUER AND FELD, and Michel, now a lobbyist with Hogan and Hartson,
failed to return requests for comment.
"WE'VE GOT SOME VERY POWERFUL ENEMIES
WHO ARE WORKING AGAINST US BEHIND CLOSED DOORS," SAID REP. DANA ROHRABACHER
(R-CALIF.), (H.R.
1198) A LEADING CO-SPONSOR OF A BILL AIMED AT AIDING THE POWS. "I'M
CONFIDENT THAT THIS IS A MAJOR FIGHT AND WE'RE GOING TO NEED TO MOBILIZE
VOTERS."
But another (UNIDENTIFIED) lawyer working
ON BEHALF OF THE JAPANESE noted that 180,000 former POWS, including
Tenney, were already granted compensation in the years immediately following
World War II.
"Everyone sympathizes with the dedication
and contribution that these POWs made and to their pain and sacrifice,"
the attorney said. "However, their mission is misguided."
He added: "I think that these brave soldiers
didn't fight for the right to have class-action lawyers bring lawsuits
on their behalf 50 years later."
Last week, the former POWs won a major
victory when the House voted, 395-33, to bar the U.S. government from
seeking to prevent them from pursuing their civil suits. (H.R.
1198 Amendment) The prohibition came in the form of an amendment offered
by Rohrabacher to an annual appropriations bill.
Rohrabacher and Rep. Michael Honda (D-Calif.)
have introduced another measure seeking a permanent ban that has already
attracted 150 co-sponsors.
The legal case turns on the interpretation
of the San Francisco Peace Treaty, which the United States and Japan signed
in 1951.
The U.S. government and the Japanese firms
point to a clause in the treaty that cuts off any further claims.
But the former POWs point to a most-favored-nation
clause in the treaty, which they say makes them eligible to sue. They
claim that 11 other countries enjoy such an advantage, a point the defenders
of the Japanese position dispute.
Michel is a World War II veteran and the
recipient of the Presidential Medal of Freedom and the Veterans of Foreign
Wars (VFW) Congressional Award. That makes it even harder for many of
his fellow veterans to comprehend his involvement in the case.
During the war, Michel served in France,
England, Belgium and Germany, returning home with two Bronze Stars, a
Purple Heart and four battle ribbons.
Foley has also served on the BOARD OF
THE JAPAN-AMERICA SOCIETY OF WASHINGTON. In 1996, Japan gave him the
Grand Cordon of the Order of the Rising Sun that recognizes his role in
furthering good relations between the United States and Japan.
ROHRABACHER SAID HE WAS "SURPRISED AND
DISHEARTENED" WHEN HE LEARNED ABOUT MICHEL'S ROLE, SAYING IT "SPEAKS VERY
POORLY OF BOB MICHEL." HONDA ADDED THAT, "ONE WOULD THINK HE WOULD BE
MORE OPEN TO THE PLIGHT OF THE POWS."
Frank Bigelow, a former POW who also worked
in the Mitsui mining camp, was forced to have his leg amputated with no
anesthesia by fellow POWs when an injury became infected.
"WELL, FOR MONEY SOME PEOPLE WILL DO
ANYTHING AND THAT'S ALL I CAN SAY ABOUT THAT," BIGELOW SAID OF MICHEL,
BUT ADDED THAT THE VICTORY IN THE HOUSE LAST WEEK WAS THE "BEST THING
THAT'S HAPPENED IN A LONG TIME."
Harold Poole, another former POW who spent
three years enslaved and working for the Nippon Steel Corp. said he would
"prefer" Michel not lobby against his fellow veterans. "Maybe he has his
reason," Poole offered. "My main purpose is to have justice served and
to have history served. I'm not that concerned about the money."
RAY SMITH, NATIONAL COMMANDER FOR THE
2.8 MILLION-MEMBER AMERICAN LEGION, WHICH STRONGLY SUPPORTED MICHEL WHILE
HE WAS A MEMBER OF THE HOUSE, WOULD NOT COMMENT ON MICHEL'S ACTIONS.
"I think it's time that there be closure
to this for these people," Smith said. "There's two different sides to
everything and we just happen to be on the opposite side. We think it's
time to give justice to those prisoners of war and I think Japan owes
an apology to those people."
While he was heartened by the House vote,
Tenney said he feared the Bush administration was hesitant in supporting
the POWs in fear of harming U.S.-Japanese relations.
But Honda said he believed the opposite
would happen. "This is not going to affect our partnership with them,"
Honda added, "If anything, when you patch things up, it's only going to
make things better."
Bigelow, the former POW, said even though
he suspected the U.S. government does not want to "upset" Japan, the sacrifices
made by former POWs should take higher priority.
"I would think the president, with his
father being in the service like he was, and his being in the service.
...I would tell them to look at our history and look at what we did and
what was done to us," he said.
Bigelow added that in a recent meeting
between veterans and Secretary of Veterans' Affairs Anthony Principi,
he was supportive and promised to speak to Bush about their cause.
As Tenney put it last year: "Here we are,
58 years later, survivors of these barbaric and sadistic events, and we
are once again informed that we are again being sacrificed and abandoned
by our own government but this time not for the war effort, but instead
for the benefit of those large Japanese industrial giants who profited
from our slave labor."