America’s hypocrisy on terrorism included the U.S. government prosecuting and imprisoning five Cuban agents who were actually trying to thwart terrorist operations in Miami. President Obama’s prisoner swap with Cuba finally addressed that upside-down justice.
By Marjorie Cohn ConsortiumNews.com December 17, 2014
In the course of delivering his historic speech dramatically altering U.S.-Cuba policy, President Barack Obama briefly mentioned that the United States released three Cuban agents. These men are members of the “Cuban Five,” who were imprisoned for gathering information on U.S.-based Cuban exile groups planning terrorist actions against Cuba.
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Without their release, Cuba would never have freed Alan Gross. And Obama could not have undertaken what ten presidents before him refused to do: normalize relations between the United States and Cuba.
On June 8, 2001, Gerardo Hernandez, Ramon Labanino, Antonio Guerrero, Fernando Gonzalez and Rene Gonzalez were convicted of criminal charges, including conspiracy to commit espionage, and conspiracy to commit murder, in a trial in U.S. District Court in Miami. They were sentenced to four life terms and 75 years collectively.
In a 93-page decision, a three-judge panel of the Eleventh Circuit US Court of Appeals unanimously reversed their convictions in 2005, because the anti-Cuba atmosphere in Miami, extensive publicity, and prosecutorial misconduct denied them the right to a fair trial. The decision of the three-judge panel was later overturned by a decision of all the Eleventh Circuit Judges, sitting en banc, so the convictions stood.
But the Cuban Five have steadfastly maintained their innocence and there has been a worldwide campaign to free them. In Cuba, the five men are considered national heroes.
Since the Cuban revolution in 1959, anti-Cuba terrorist organizations based in Miami have engaged in countless terrorist activities against Cuba and anyone who advocated normalization of relations between the United States and Cuba. Terrorist groups including Alpha 66, Commandos F4, Cuban American National Foundation, Independent and Democratic Cuba, and Brothers to the Rescue, have operated with impunity in the United States – with the knowledge and support of the FBI and CIA.
One witness at the trial testified that Ruben Dario Lopez-Castro, who was associated with several anti-Castro organizations, and Orlando Bosch, who planted a bomb on a Cubana airliner in 1976, killing all 73 persons aboard, “planned to ship weapons into Cuba for an assassination attempt on [Fidel] Castro.”
The three-judge appellate panel noted, “Bosch has a long history of terrorist acts against Cuba, and prosecutions and convictions for terrorist-related activities in the United States and in other countries.” Luis Posada Carriles, the other man responsible for downing the Cuban airliner, has never been criminally prosecuted in the United States. Declassified FBI and CIA documents at the National Security Archive show that Posada Carriles was the mastermind of the airplane bombing.
Several terrorist acts in Havana were documented in the panel’s decision, including explosions at eight hotels and the Cuban airport. An Italian tourist was killed and people were injured. Posada Carriles has twice publicly admitted responsibility for these bombings.
In the face of this terrorism, the Cuban Five were gathering intelligence in Miami in order to prevent future terrorist acts against Cuba. The men peacefully infiltrated criminal exile groups. The Five turned over the results of their investigation to the FBI. But instead of working with Cuba to fight terrorism, the U.S. government arrested the five men.
Former high-ranking U.S. military and security officials testified that Cuba posed no military threat to the Unites States. Although none of the five men had any classified material in their possession or engaged in any acts to injure the United States, and there was no evidence linking any of them to Cuba’s shooting down of two small aircraft flown by Cuban exiles, the Cuban Five were nonetheless convicted of all charges.
A poll of Miami Cuban-Americans reflected “an attitude of a state of war . . . against Cuba” which had a “substantial impact on the rest of the Miami-Dade community” where the trial was held. Dr. Lisandro Perez, Director of the Cuban Research Institute, concluded, “the possibility of selecting twelve citizens of Miami-Dade County who can be impartial in a case involving acknowledged agents of the Cuban government is virtually zero.”
The appellate panel concluded: “Here, a new trial was mandated by the perfect storm created when the surge of pervasive community sentiment, and extensive publicity both before and during the trial, merged with the improper prosecutorial references.” Nevertheless, the five men never received a new trial.
Fernando Gonzales and Rene Gonzales were released and returned to Cuba after serving most of their 15-year sentences. Hernandez was serving two life sentences. Labanino and Guerrero had a few years left on their sentences. The latter three men were released as part of the historic deal.
The Door Is Now Open
In his speech, Obama mentioned the hypocrisy of the U.S. refusal to recognize Cuba while we enjoy normalized relations with Communist China and Vietnam. He announced several other new measures designed to normalize relations between the United States and Cuba. But Obama did not lift the U.S. blockade of Cuba, which consists of economic sanctions against Cuba and restrictions on Cuban travel and commerce.
Every year for 23 consecutive years, the United Nations General Assembly has called on the United States to lift the blockade, which has cost Cuba in excess of $ 1 trillion.
The U.S. trade embargo of Cuba was initiated during the Cold War by President Dwight D. Eisenhower in response to a 1960 memo written by a senior State Department official. The memo proposed “a line of action that makes the greatest inroads in denying money and supplies to Cuba, to decrease monetary and real wages, to bring about hunger, desperation and the overthrow of the [Castro] government.” As Obama stated, that strategy has been a failure.
During the Clinton administration, Congress passed the Helms-Burton Act, which tightened the blockade. Obama promised to try to work with Congress to repeal this legislation.
Because of the significance of the Cuban exile community in Miami, and the strategic importance of Florida in U.S. elections, no U.S. president has dared to normalize relations with Cuba. As Alice Walker wrote in The Sweet Abyss, “Many of our leaders seem to view Florida’s Cuban conservatives, including the assassins and terrorists among them, as People Who Vote.” Obama has taken a courageous step in shifting U.S. policy toward Cuba.
In their simultaneous speeches on Wednesday, both Obama and Cuban President Raul Castro thanked Pope Francis for his efforts in helping to engineer the historic deal. CNN reported that bells were ringing in churches all over Havana. This is a wonderful day indeed.
Marjorie Cohn is a professor at Thomas Jefferson School of Law, deputy secretary general of the International Association of Democratic Lawyers, and a former president of the National Lawyers Guild (NLG). In 2000, she joined 250 members of the NLG in a million-person march in Havana against the US blockade of Cuba.
In contrast, here is Robert Parry’s 2006 article about not the Cuban Five who were imprisoned but those Cuban Terrorists who were not.
Bush’s Hypocrisy: Cuban Terrorists
By Robert Parry ConsortiumNews.com April 26, 2006
Like an aging rock star singing a beloved oldie, George W. Bush can count on cheers whenever he delivers a favorite line from the Bush Doctrine enunciated after the Sept. 11, 2001, terror attacks: Any country that harbors a terrorist is equally guilty as the terrorist.
Bush got a round of applause at an Indianapolis speech on March 24, 2006, when he declared “one of the lessons learned after September the 11th is that we must hold people to account for harboring terrorists. If you harbor a terrorist, if you feed a terrorist, if you house a terrorist, you’re as equally guilty as the terrorist.”
Similarly, Vice President Dick Cheney roused an American Israel Public Affairs Committee crowd on March 7, 2006, when he declared that “since the day our country was attacked, we have applied the Bush Doctrine: Any person or government that supports, protects, or harbors terrorists is complicit in the murder of the innocent, and will be held to account.”
But like much else from the post-9/11 period – when frightened Americans put their faith in Bush’s tough talk – this supposedly clear-cut rule applies differently when a Bush ally is implicated in terrorism and the Bushes are the ones doing the harboring.
While the anti-harboring principle is cited when invading Afghanistan and Iraq, the Bush administration continues to turn a blind eye to the presence of right-wing Cuban terrorists living in the United States.
This double standard was underscored again in early April when a Spanish-language Miami television station interviewed notorious Cuban terrorist Orlando Bosch, who offered a detailed justification for the 1976 mid-air bombing of a Cubana Airlines flight that killed 73 people, including the young members of the Cuban national fencing team.
As usual, Bosch refused to admit guilt, but his chilling defense of the bombing – and the strong evidence that has swirled around his role – leave little doubt of his complicity, even as he lives in Miami as a free man.
Another Cuban exile, Luis Posada Carriles, also has been tied to the bombing, but the Bush administration has so far rebuffed Venezuela’s extradition request for him, since he sneaked into the United States in 2005.
Bush Family Ties
But there’s really nothing new about these two terrorists – and other violent right-wing extremists – getting protection from the Bush family.
For three decades, both Bosch and Posada have been under the Bush family’s wing, starting with former President George H.W. Bush (who was CIA director when the airline bombing occurred in 1976) and including Florida Gov. Jeb Bush and President George W. Bush.
The evidence points to one conclusion: the Bushes regard terrorism – defined as killing civilians for a political reason – as justified in cases when their interests match those of the terrorists. Moral clarity against terrorism only applies when the Bush side disagrees with the terrorists.
This hypocrisy often has been aided and abetted by the U.S. news media, which intuitively understands the double standard and largely ignores cases in which the terrorism is connected to U.S. government officials.
The stunning TV interview with Bosch on Miami’s Channel 41 was cited in articles on the Internet by José Pertierra, a lawyer for the Venezuelan government. But Bosch’s comments have received almost no attention from the mainstream U.S. press. [For Pertierra’s story, see Counterpunch, April 11, 2006]
Reporter Juan Manuel Cao interviewed Bosch, who had been jailed for illegally entering the United States but was paroled in 1990 by President George H.W. Bush at the behest of his eldest son Jeb, then an aspiring Florida politician.
“Did you down that plane in 1976?” Cao asked Bosch.
“If I tell you that I was involved, I will be inculpating myself,” Bosch answered, “and if I tell you that I did not participate in that action, you would say that I am lying. I am therefore not going to answer one thing or the other.”
But when Cao asked Bosch to comment on the civilians who died when the plane crashed off the coast of Barbados, Bosch responded, “In a war such as us Cubans who love liberty wage against the tyrant [Fidel Castro], you have to down planes, you have to sink ships, you have to be prepared to attack anything that is within your reach.”
“But don’t you feel a little bit for those who were killed there, for their families?” Cao asked.
“Who was on board that plane?” Bosch responded. “Four members of the Communist Party, five North Koreans, five Guyanese.” [Officials tallies actually put the Guyanese dead at 11.]
Bosch added, “Four members of the Communist Party, chico! Who was there? Our enemies…”
“And the fencers?” Cao asked about Cuba’s amateur fencing team that had just won gold, silver and bronze medals at a youth fencing competition in Caracas. “The young people on board?”
Bosch replied, “I was in Caracas. I saw the young girls on television. There were six of them. After the end of the competition, the leader of the six dedicated their triumph to the tyrant. … She gave a speech filled with praise for the tyrant.
“We had already agreed in Santo Domingo, that everyone who comes from Cuba to glorify the tyrant had to run the same risks as those men and women that fight alongside the tyranny.” [The comment about Santo Domingo was an apparent reference to a strategy meeting by a right-wing terrorist organization, CORU, which took place in the Dominican Republic in 1976.]
“If you ran into the family members who were killed in that plane, wouldn’t you think it difficult?” Cao asked.
“No, because in the end those who were there had to know that they were cooperating with the tyranny in Cuba,” Bosch answered.
In an article about Bosch’s remarks, lawyer Pertierra said the answers “give us a glimpse into the mind of the kind of terrorist that the United States government harbors and protects in Miami; terrorists that for the last 47 years have waged a bloody and ruthless war against the Cuban people.”
The Posada Case
Not only did the first Bush administration free Bosch from jail a decade and a half ago, the second Bush administration has now pushed Venezuela’s extradition request for his alleged co-conspirator, Posada, onto the back burner.
The downed Cubana Airlines flight originated in Caracas where Venezuelan authorities allege the terrorist plot was hatched. However, U.S. officials have resisted returning Posada to Venezuela because its current government of President Hugo Chavez is seen as friendly to Castro’s communist government in Cuba.
At a U.S. immigration hearing in 2005, Posada’s defense attorney put on a Posada friend as a witness who alleged that Venezuela’s government practices torture. Bush administration lawyers didn’t challenge the claim, leading the immigration judge to bar Posada’s deportation to Venezuela.
Theoretically, the Bush administration could still extradite Posada to Venezuela to face the 73 murder counts, but it is essentially ignoring Venezuela’s extradition request, instead holding Posada on minor immigration charges of entering the United States illegally.
In September 2005, Venezuela’s Ambassador Bernardo Alvarez called the 77-year-old Posada “the Osama Bin Laden of Latin America” and accused the Bush administration of applying “a cynical double standard” in its War on Terror.
“The United States presents itself as a leader against terrorism, invades countries, restricts the civil rights of Americans in order to fight terrorism, but when it is about its own terrorists, it denies that they be tried,” Alvarez said.
Alvarez also denied that Venezuela practices torture. “There isn’t a shred of evidence that Posada would be tortured in Venezuela,” Alvarez said, adding that the claim is particularly ironic given widespread press accounts that the Bush administration has abused prisoners at the U.S. military base in Guatanamo Bay, Cuba.
Declassified U.S. documents show that after the Cubana Airlines plane was blown out of the sky on Oct. 6, 1976, the CIA, then under the direction of George H.W. Bush, quickly identified Posada and Bosch as the masterminds of the Cubana Airlines bombing.
But in fall 1976, Bush’s boss, President Gerald Ford, was in a tight election battle with Democrat Jimmy Carter and the Ford administration wanted to keep intelligence scandals out of the newspapers. So Bush and other officials kept the lid on the investigations. [For details, see Robert Parry’s Secrecy & Privilege.]
Still, inside the U.S. government, the facts were known. According to a secret CIA cable dated Oct. 14, 1976, intelligence sources in Venezuela relayed information about the Cubana Airlines bombing that tied in anti-communist Cuban extremists Bosch, who had been visiting Venezuela, and Posada, who then served as a senior officer in Venezuela’s intelligence agency, DISIP.
The Oct. 14 cable said Bosch arrived in Venezuela in late September 1976 under the protection of Venezuelan President Carlos Andres Perez, a close Washington ally who assigned his intelligence adviser Orlando Garcia “to protect and assist Bosch during his stay in Venezuela.”
On his arrival, Bosch was met by Garcia and Posada, according to the report. Later, a fundraising dinner was held in Bosch’s honor during which Bosch requested cash from the Venezuelan government in exchange for assurances that Cuban exiles wouldn’t demonstrate during Andres Perez’s planned trip to the United Nations.
“A few days following the fund-raising dinner, Posada was overheard to say that, ‘we are going to hit a Cuban airplane,’ and that ‘Orlando has the details,’” the CIA report said.
“Following the 6 October Cubana Airline crash off the coast of Barbados, Bosch, Garcia and Posada agreed that it would be best for Bosch to leave Venezuela. Therefore, on 9 October, Posada and Garcia escorted Bosch to the Colombian border, where he crossed into Colombian territory.”
The CIA report was sent to CIA headquarters in Langley, Virginia, as well as to the FBI and other U.S. intelligence agencies, according to markings on the cable.
In South America, investigators began rounding up suspects in the bombing.
Two Cuban exiles, Hernan Ricardo and Freddy Lugo, who had left the Cubana plane in Barbados, confessed that they had planted the bomb. They named Bosch and Posada as the architects of the attack.
A search of Posada’s apartment in Venezuela turned up Cubana Airlines timetables and other incriminating documents.
Posada and Bosch were charged in Venezuela for the Cubana Airlines bombing, but the men denied the accusations. The case soon became a political tug-of-war, since the suspects were in possession of sensitive Venezuelan government secrets that could embarrass President Andres Perez. The case lingered for almost a decade.
After the Reagan-Bush administration took power in Washington in 1981, the momentum for fully unraveling the mysteries of anti-communist terrorist plots dissipated. The Cold War trumped any concern about right-wing terrorism.
In 1985, Posada escaped from a Venezuelan prison, reportedly with the help of Cuban exiles. In his autobiography, Posada thanked Miami-based Cuban activist Jorge Mas Canosa for providing the $25,000 that was used to bribe guards who allowed Posada to walk out of prison.
Another Cuban exile who aided Posada was former CIA officer Felix Rodriguez, who was close to then-Vice President George H.W. Bush and who was overseeing secret supply shipments to the Nicaraguan contra rebels, a pet project of President Reagan.
After fleeing Venezuela, Posada joined Rodriguez in Central America and was assigned the job of paymaster for pilots in the contra-supply operation.
When one of the contra-supply planes was shot down inside Nicaragua in October 1986, Posada was responsible for alerting U.S. officials to the crisis and then shutting down the operation’s safe houses in El Salvador.
Even after the exposure of Posada’s role in the contra-supply operation, the U.S. government made no effort to bring the accused terrorist to justice.
By the late 1980s, Orlando Bosch also was out of Venezuela’s jails and back in Miami. But Bosch, who had been implicated in about 30 violent attacks, was facing possible deportation by U.S. officials who warned that Washington couldn’t credibly lecture other countries about terrorism while protecting a terrorist like Bosch.
But Bosch got lucky. Jeb Bush, then an aspiring Florida politician, led a lobbying drive to prevent the U.S. Immigration and Naturalization Service from expelling Bosch. In 1990, the lobbying paid dividends when Jeb’s dad, President George H.W. Bush, blocked proceedings against Bosch, letting the unapologetic terrorist stay in the United States.
In 1992, also during George H.W. Bush’s presidency, the FBI interviewed Posada about the Iran-Contra scandal for 6 ½ hours at the U.S. Embassy in Honduras.
Posada filled in some blanks about the role of Bush’s vice presidential office in the secret contra operation. According to a 31-page summary of the FBI interview, Posada said Bush’s national security adviser, Donald Gregg, was in frequent contact with Felix Rodriguez.
“Posada … recalls that Rodriguez was always calling Gregg,” the FBI summary said. “Posada knows this because he’s the one who paid Rodriguez’ phone bill.” After the interview, the FBI agents let Posada walk out of the embassy to freedom. [For details, see Parry’s Lost History: Contras, Cocaine, the Press & Project Truth.]
Posada soon returned to his anti-Castro plotting.
In 1994, Posada set out to kill Castro during a trip to Cartagena, Colombia. Posada and five cohorts reached Cartagena, but the plan flopped when security cordons prevented the would-be assassins from getting a clean shot at Castro, according to a Miami Herald account. [Miami Herald, June 7, 1998]
The Herald also described Posada’s role in a lethal 1997 bombing campaign against popular hotels and restaurants inside Cuba that killed an Italian tourist. The story cited documentary evidence that Posada arranged payments to conspirators from accounts in the United States.
“This afternoon you will receive via Western Union four transfers of $800 each … from New Jersey,” said one fax signed by SOLO, a Posada alias.
Posada landed back in jail in 2000 after Cuban intelligence uncovered a plot to assassinate Castro by planting a bomb at a meeting the Cuban leader planned with university students in Panama.
Panamanian authorities arrested Posada and other alleged co-conspirators in November 2000. In April 2004, they were sentenced to eight or nine years in prison for endangering public safety.
Four months after the sentencing, however, lame-duck Panamanian President Mireya Moscoso – who lives in Key Biscayne, Florida, and has close ties to the Cuban-American community and to George W. Bush’s administration – pardoned the convicts.
Despite press reports saying Moscoso had been in contact with U.S. officials about the pardons, the State Department denied that it pressured Moscoso to release the Cuban exiles. After the pardons and just two months before Election 2004, three of Posada’s co-conspirators – Guillermo Novo Sampol, Pedro Remon and Gaspar Jimenez – arrived inMiami to a hero’s welcome, flashing victory signs at their supporters.
While the terrorists celebrated, U.S. authorities watched the men – also implicated in bombings in New York, New Jersey and Florida – alight on U.S. soil. As Washington Post writer Marcela Sanchez noted in a September 2004 article about the Panamanian pardons, “there is something terribly wrong when the United States, after Sept. 11 (2001), fails to condemn the pardoning of terrorists and instead allows them to walk free on U.S. streets.”[Washington Post, Sept. 3, 2004]
Posada reportedly sneaked into the United States in early 2005 and his presence was an open secret in Miami for weeks before U.S. authorities did anything. The New York Times summed up Bush’s dilemma if Posada decided to seek U.S. asylum.
“A grant of asylum could invite charges that the Bush administration is compromising its principle that no nation should harbor suspected terrorists,” the Times wrote. “But to turn Mr. Posada away could provoke political wrath in the conservative Cuban-American communities of South Florida, deep sources of support and campaign money for President Bush and his brother, Jeb.” [NYT, May 9, 2005]
Only after Posada called a news conference to announce his presence was the Bush administration shamed into arresting him. But even then, the administration balked at sending Posada back to Venezuela where the Chavez government – unlike some of its predecessors – would be eager to prosecute him.
Now, Bosch’s stunning defense of a terrorist attack that killed 73 people drives home the point again that the Bush administration has two standards for terrorists – one for its allies and one for its enemies. Suddenly harboring terrorists isn’t quite the heinous crime that it is when President Bush and Vice President Cheney are denouncing it to applause from American audiences.
Robert Parry broke many of the Iran-Contra stories in the 1980s for the Associated Press and Newsweek. His latest book, Secrecy & Privilege: Rise of the Bush Dynasty from Watergate to Iraq, can be ordered at secrecyandprivilege.com. It’s also available at Amazon.com, as is his 1999 book, Lost History: Contras, Cocaine, the Press & ‘Project Truth.’