Warren needs a better answer on asbestos case

Coming out of Thursday night’s WBZ-TV (Channel 4) debate between Republican senator Scott Brown and his Democratic rival, Elizabeth Warren, I thought the issue that could have the most resonance was Brown’s accusation that Warren profited from a legal case that harmed victims of asbestos exposure. Warren didn’t handle the question well, and the matter was left hanging.

Boston Globe reporter Noah Bierman wrote about the case in May. It is convoluted, to say the least. In essence, though, Warren was paid $212,000 by Travelers Insurance to argue that the insurer should be immune from future asbestos lawsuits in return for setting up a $500 million trust fund to compensate victims. The liability belonged to Travelers because Johns-Manville, the company that actually manufactured the asbestos, had gone bankrupt.

Later, after Warren no longer had anything to do with the case, another court ruled that Travelers did not have to pay out the $500 million. So the victims got nothing. Warren told the Globe:

My heart goes out to the victims of this terrible, terrible disaster. It’s heart-wrenching that there are new victims every year…. I think they should be compensated. That’s it for me. That’s what this is all about.

She added that the principle she was fighting for — a provision in bankruptcy law that would allow the establishment of trust funds for victims in return for no further legal liability — was “a critical tool for making sure that people who’ve been hurt have a fair shot at compensation.”

Brown is scheduled to discuss the asbestos case with reporters later this morning. Warren needs a better answer.

Overall, I thought Warren came across well — focused, substantive and calm, if a bit repetitive. Brown was snide and personal. Moderator Jon Keller began by inviting Brown to comment on Warren’s character, and Brown chose to go all-in on Warren’s claim that she’s part Native American. Senator, there are people who will do that for you — and have been doing that for you.

Here is my Northeastern colleague Alan Schroeder, writing for the Huffington Post:

The opening debate between Elizabeth Warren and Scott Brown … at times felt like the classroom dynamic between an earnest, soft-spoken high school English teacher and the defiant jock who plants himself in the back row and makes sour faces until the bell rings. Although the teacher never quite subdued her student, neither did he manage to get the better of her.

And how good a moderator is my friend Keller? Other than keeping the conversation moving, you barely knew he was there. In other words, a first-rate job.

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