Excellent analysis by COHA about Posada and the Cuban 5
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The Bush Administration is harboring perhaps the Western Hemisphere’s most insidious terrorist, whose application for U.S. citizenship is presently on the docket and if granted, would represent an effrontery to this nation’s bona fides, as well as the legitimacy of its worldwide anti-terrorist crusade and what remains of its good name abroad The White House feverishly searches for a country willing to receive Posada in order to spare it from having to cross swords with the Miami leadership by either extraditing him to Cuba or Venezuela, or trying him here The Posada case as well as the Cuban Five represents perhaps a defining moment in which the Bush administration’s ideological passions have snuffed out a proper application of justice – an unacceptable sense of ethical values and public rectitude Meanwhile, the fate of the Cuban Five, whose crimes were negligible compared to Posada’s homicides, does not seem to either confuse or disturb Attorney General Alberto Gonzales. Thus, the White House will likely have a problem regarding who it denominates as a “terrorist” and who it fetes as a patriot The upcoming immigration hearing for Luis Posada Carriles, the 78 year-old felon who is a self-confessed co-conspirator responsible for the detonation of a bomb which killed 73 passengers and crew members aboard a Cuban passenger airliner as it flew over Barbadian waters on October 6, 1976, represents a huge political burden for the White House and its deteriorating relations with Latin America. The disposition of the case will now also test the authenticity of the U.S.’s War on Terror, since Posada is responsible for some of the worst pre-9/11 crimes perpetrated in the Western Hemisphere. However, he has never been conclusively tried for being one of the region’s most notorious psychopaths, as the Department of Justice (DOJ) and U.S. Citizenship and Immigration Services (USCIS) lawyers as well as his detractors continue to cavil over whether he should be accorded the gallows or be granted U.S. citizenship.
Posada originally had admitted to a New York Times reporter of masterminding the 1976 bombing of Cuban Flight 455, in which 73 passengers lost their lives, including a nine-year-old girl, Cuba’s award-winning national fencing team, a young mother-to-be, as well as Guyanese and North Korean travelers. However, in deference to the ultra rightist faction of Miami’s Cuban exile community, Washington has repeatedly offered its protection to this world class criminal from prosecution by U.S. authorities or in any other germane jurisdiction. In doing so, the Bush administration almost has gone out of its way to debase the process of shaping a corpus of applicable international standards against terrorism by protecting those whom others might describe as “terrorists,” who are considered to be in good standing by some U.S. authorities. But, as the Washington-based lawyer, Jose Pertierra – who has been retained by Venezuelan authorities to represent their country’s interests in this case – explains “the fight against terrorism cannot be fought à la carte.”
A Case Wrought with Painful Irony Washington has heard continuous international appeals, mainly as a result of Havana and Caracas initiatives, that Posada (who is both a Cuban national and Venezuelan citizen) be brought to justice. Venezuela and the U.S. have an extradition treaty in place dating back to 1922, which obligates the U.S. to immediately extradite any Venezuelan national in this country who has been indicted on murder charges in their home jurisdiction. Under the applicable terms of this bilateral treaty, Venezuela formally applied for Posada’s extradition in May of 2005. Not surprisingly, the Bush administration immediately rebuked this effort by maintaining that the leftist, pro-Castro nature of the Venezuelan government would preclude a fair trial to Posada in a Venezuelan courthouse, and that the defendant would be subject to torture: a self-serving assumption that U.S. prosecutors have never bothered to evidence.
http://www.ocnus.net/cgi-bin/exec/view.cgi?archive=106&num=27278