April 25, 2007
Is it snowing in Havana?
Has hell frozen over?
In a sure sign that the apocalypse is approaching, The Miami Herald has published an editorial today about Luis Posada Carriles that I actually agree with.
Posada benefits from U.S. rule of law
OUR OPINION: SUSPICIONS ALONE CAN'T JUSTIFY INDEFINITE DETENTIONThe release of Luis Posada Carriles, after nearly two years of detention, is affirmation that under U.S. democracy, the law is supreme. Mr. Posada is no saint. He has been accused, but not convicted, of terrorism. The United States doesn't -- and shouldn't -- convict people on suspicion alone. Mr. Posada, 79, has never been convicted of a terrorist charge, here or abroad. Thus, a federal judge in El Paso ordered him released and set a very high bond. That was the right call.
The U.S. Justice Department called him ''an admitted mastermind of terrorist plots.'' But the actual charges against Mr. Posada are for fraud. He is accused of lying in an attempt to gain U.S. citizenship. The Justice Department argued that he was a flight risk and should be imprisoned pending his criminal trial on May 11. But U.S. District Court Judge Kathleen Cardone didn't buy it.
Detained past limit
Mind you, before prosecutors charged Mr. Posada with a crime, he already had been in immigration detention for 20 months, well beyond the six-month limit set by the U.S. Supreme Court for releasing a foreigner who hasn't been deported. An immigration judge had barred the government from deporting him to Cuba or Venezuela because he might be tortured. Moreover, the feds haven't found another country willing take him.
Now, after paying $350,000 bond, Mr. Posada wears an ankle bracelet and is under 24-hour house arrest in Kendall, a far cry from the four decades he spent trying to topple Fidel Castro and working as an intelligence operative.
Probes continue
Mr. Posada remains a suspect in the 1976 bombing of a Cuban passenger jet that killed 73 and in the 1997-98 bombings of Cuban tourist sites that killed an Italian visitor. But he hasn't been convicted in either case. More recently, he was tried in connection with an alleged Castro assassination plot in Panama, which ultimately resulted in a lesser conviction for endangering public safety. He was pardoned in 2005.
Now a grand jury in New Jersey is investigating Mr. Posada for possible financial ties in connection with the tourist-site bombings. No indictments have been issued. It is possible that the Justice Department has been trying to keep Mr. Posada detained while it prepares a real terrorist case against him. If the U.S. government wants to punish him, it should build a solid case and convict him.
We object to Mr. Posada's views. He advocates overthrowing Cuba's dictatorship by any means necessary, including violence against civilians. But righteous ends do not justify illicit means. That's why even Mr. Posada must get the due process provided by the U.S. rule of law.
Posted by Henry Louis Gomez at April 25, 2007 10:15 AM
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Comments
If there any way that Freedom loving people can help the Cuban patriot, Luis Posada Carriles?
Please let us know. I am happy that he is with family and friends. God Bless him.
Posted by: Henry Agueros
at April 25, 2007 11:10 AM
Henry, do you also object to the U.S. bombing of Germany & Japan during WWII?
Posted by: Ziva
at April 25, 2007 12:08 PM
Of course not. What I agree with is that Posada, like anyone else accused of a crime, deserves due process not the conviction in the media that he's getting.
In terms of what is fair in war, those things change over time. I don't think indiscriminate bombing of civilian targets is acceptable today. That's just the way things are. That's why we have smart bombs and the like. Civilians are going to get killed in wars but they shouldn't be the target.
Posted by: Henry "Conductor" Gomez
at April 25, 2007 12:49 PM
Thanks Henry, I’m just trying to clarify hypothetically what could be done to bring down an illegitimate government like the castro regime in our current politically correct world. Exiles don’t have access to smart bombs. Is there an acceptable way for someone like Posada to wage war against castro?
Posted by: Ziva
at April 25, 2007 01:59 PM
Unfortunately our government has made it illegal to plan an armed attack on Cuba. So the answer is no, but there should be.
Posted by: Henry "Conductor" Gomez
at April 25, 2007 02:02 PM
I agree with Henry that targeting civilians isn't, and should never be, acceptable, particularly in a non-military operation.
Let's make no mistake...the bombing of the Cubana airlines plane did not occur within a militaristic context. If this makes me sound "critical" of those who decide to undertake their own covert operations to bring down a dictator, then I apologize in advance.
Posted by: Robert
at April 25, 2007 02:32 PM
Henry, Robert,
Be careful guys! You might incur the wrath of Tellechea the omnipotent! Especially if you have the audacity and gall to express an opinion contrary to his Superiorness's.
Posted by: Val Prieto
at April 25, 2007 03:13 PM
Telle-who?
Posted by: Robert
at April 25, 2007 03:17 PM
Robert, are you saying you would not condone any "covert" action by someone not internationally accepted as part of a legitimate military? If that is so, who decides that legitimacy?
Posted by: Ziva
at April 25, 2007 03:23 PM
Ziva,
What I'm saying is that civilians should never be the target of any operation, which is basically the same thing Henry said. We all know that civilians historically have been targeted under extraordinary circumstance during wars. However, we shouldn't even begin to compare the shoot down of the civilian Cubana plane to an "official" war.
I took it one step further by stating that civilians shouldn't be the target of a rogue and independent (i.e. not affiliated with any government entity) attack.
If they want to go after the big dog, fine. But shooting down a civilian aircraft? I can't accept that.
Posted by: Robert
at April 25, 2007 03:34 PM
I don't want to sound a discordant note here,but..
Marti did not ask anyone for permission to organize armed revolts against the tyranny of Spain. In fact,history shows that many Cubans ran afoul of US laws in the 1890's with illegal expeditions and shipments of arms that were sent to Cuba and many were confiscated by the US authorities at that time. So this is nothing new, only the characters and names have changed. Cubans cannot expect freedom to come down from the hand of anyone as a gift. We have to do it ourselves, regardless of who we offend or who tries to interfere with our cause. Our cause is just and deserves our best efforts and if our friends want to stand with us,that is fine. If they want to interfere, then we should cast them aside and ignore them.
Posted by: Cubamoto
at April 25, 2007 04:48 PM
Robert I agree with that, and I don't know anyone who would condone blowing up civilian aircraft. The current political climate plays right into the regimes hands as far as men like Posada are concerned. He’s been tried and convicted in the world press. So far, I haven’t read anything that makes me believe that Posada is guilty. In fact, I think he’s being badly mistreated by the country he well served. I do believe that being in a state of war with the castro regime is legitimate, whether or not any official government sanctions that war. I don’t see how it can be otherwise unless you’re willing to cede to dictators the right to own and plunder a nation and its people however, they see fit. I cannot accept that.
Posted by: Ziva
at April 25, 2007 05:13 PM
Please place me on the team with Ziva and Cubamoto!!! Cuban's have the same right to be free as Americans, Spaniards, etc Any deals signed by the Kennedys and Moratinos of this world need not be respected by freedom loving Cubans.
Posted by: Jose Aguirre
at April 25, 2007 05:45 PM
We're talking about two different things here. One is whether Cubans should be allowed to plan military action to take down the regime as they once were not only allowed but encouraged to do. I would agree with that. I simply answered the question of whether that's possible now from a legal standpoint, which is no. Of course the illegality doesn't rule it out but it makes it much more difficult.
Then there's the issue of which tactics are acceptable from a societal standpoint. As a rule our society does not condone the intentional targeting of civilians. If Posada is guilty of the actions he's accused of in the hotel bombings and the Cubana bombing it's not something to be proud of. But just because there is smoke doesn't mean there is fire with regards to Posada and those actions. That's what trials are for. Posada didn't get a fair shake even though he spent 11 years in a Venezuelan prison. They could not convict him in that time which is far from a speedy trial that we are guaranteed in our system. Complicating matter is that the government of Venezuela is now in the hands of an ally of Castro. That would be like asking a murdered girl's brother to be the judge in the trial of the accused. That's the reason he can't be deported there (as he would be if there were any chance of getting an impartial hearing).
Posted by: Henry "Conductor" Gomez
at April 25, 2007 05:56 PM
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