Showing posts with label Gerardo Hernandez. Show all posts
Showing posts with label Gerardo Hernandez. Show all posts

Thursday, December 31, 2020

Daniel Larison of The American Conservative questions sanctioning terror sponsoring regimes: A critique

The case for the list of state sponsors of terrorism

Air Force Chief of Staff General Charles Gabriel briefs President Ronald Reagan, Secretary of State George Shultz, CIA Directo William Casey, and Chief of Staff Donald Regan during a NSC meeting on the Libya airstrike in the White House on April 15, 1986. ( Ronald Reagan Presidential Library)

Posted in The American Conservative comments section

The first question to ask Daniel Larison, author of the December 30, 2020 essay “Cuba and Washington’s Absurd Overuse of Sanctions” are there any economic sanctions that he could cite that are not “absurd” or “overused”?

Without economic sanctions policy makers are left with two options: ineffectual statements that mean nothing or going to war. Economic sanctions are a non-violent method of pressuring an outlaw regime without having to send in the Marines. 

The list of terror sponsors came into existence on December 29, 1979 during the Carter Administration, and began part of a toughened anti-terrorism strategy during the Reagan Administration. It was a response to worsening terrorism sponsored by foreign states. Key items in Ronald Reagan's arsenal to combat terrorism were economic and political sanctions.

On March 1, 1982 the Cuban dictatorship was placed on the list of state sponsors of terrorism. less than three months after the US State Department confirmed that the Castro regime was using a narcotics ring to funnel both arms and cash to the Colombian M19 terrorist group then battling to overthrow Colombia’s democratic government.

The claim made by Mr. Larison that placing Cuba back on the terror sponsors list would politicize the list is simply wrong. He also doubles down by criticizing the “re-addition of North Korea” on November 20, 2017 by the Trump Administration.

Removing both Cuba and North Korea were political decisions not based on the merits of whether or not they were sponsoring terrorism, and the objective for doing so did not materialize.

Consider the following:

In October 2008, the George W. Bush Administration took North Korea off the list of state sponsors of terrorism in the hope that it would “salvage a fragile nuclear deal.” This approach failed and on May 25, 2009 North Korea conducted a second underground test with an explosion that was the equivalent to U.S. bombs dropped on Hiroshima and Nagasaki in 1945. North Korea had also tested a long-range missile in April of 2009. In 2013, North Korea conducted a third nuclear test claiming to have miniaturized the bomb in order to place it on a long-range missile with ability to reach the U.S. mainland.

On January 6, 2016 North Korea announced that it had detonated a hydrogen bomb. This wasn't supposed to happen. North Korea had been cheating on a deal it had made over 20 years earlier and brazenly announced nearly a decade earlier on October 9, 2006 that it had conducted its first underground nuclear test. Removing it from the list did not improve its behavior, or serve U.S. interests.

Bruce Klingner Senior, Research Fellow for Northeast Asia at the Heritage Foundation, who specializes in Korean and Japanese affairs gives a summary of Pyongyang’s actions and how they fit into the designation of a state terror sponsor.

“The United States placed North Korea on the State Sponsors of Terrorism list in 1988 after North Korean agents blew up a South Korean commercial airliner, killing 115 people. Twenty years later, the Bush administration removed Pyongyang from the list in a failed attempt to improve the atmosphere for progress in the Six-Party Talks nuclear negotiations. But the talks collapsed soon afterward over North Korea’s rejection of verification protocols."

"U.S. law, such as 18 U.S. Code § 2331, defines international terrorism as acts that:"

"involve violent acts or acts dangerous to human life that are a violation of the criminal laws of the United States… appear to be intended to intimidate or coerce a civilian population, to influence the policy of a government by intimidation or coercion, or to affect the conduct of a government by mass destruction, assassination, or kidnapping; and occur primarily outside the territorial jurisdiction of the United States."

"Kim’s regime has checked every box."

"Since being dropped from the terrorism list, Pyongyang has conducted, repeated cyberattacks against government agencies, businesses, banks and media organizations. It has also engaged in: threats of “9/11-type attacks” against U.S. theaters and theatergoers; assassination attempts against North Korean defectors, human rights advocates and South Korean intelligence agents; and numerous shipments of conventional arms bound for terrorist groups Hamas and Hezbollah. Earlier this year, North Korean agents used VX, a deadly nerve agent, to kill Kim Jong-un’s half-brother in a crowded civilian airport."

"Returning North Korea to the terrorist list enables Washington to invoke stronger financial transaction licensing requirements under 31 CFR Part 596 and remove North Korea’s sovereign immunity from civil liability for terrorist acts. Redesignation also requires the U.S. government to oppose loans to North Korea by international financial institutions, such as the World Bank, International Monetary Fund and Asian Development Bank.”

It is amazing that all this is left out of Mr. Larison’s essay. The same holds true for Cuba.

Raul Castro conditioned “re-establishing diplomatic relations and upgrading their so-called interests sections in Havana and Washington into full-blown embassies” on ending Cuba’s “designation as a state terrorism sponsor.” This was not difficult for Havana because the interests sections had been operating as de facto embassies since 1977.

The White House had to ignore a number of bad actions by Havana to achieve its diplomatic goal.

Consider that the Castro regime was caught smuggling Soviet era fighter jets and weaponry to North Korea in July 2013, in violation of international UN sanctions.

In June 2014, a U.S. Hellfire missile used in NATO exercises in Europe ended up in Havana’s possession instead of being sent back to the United States. Although U.S. officials said this was the result of a shipping mishap by Lockheed Martin, the missile’s manufacturer, this was at a time during which Obama staffer Ben Rhodes was already secretly negotiating with Havana.

On Dec. 17, 2014, when President Obama opened what he called “a new chapter” in U.S.-Cuba relations, he commuted the sentence of Cuban spies who planned terrorist acts on U.S. soil and freed Gerardo Hernandez, who was serving a double life sentence for espionage and murder conspiracy, as part of a prisoner exchange. [The murder conspiracy charges were for his role in the killing of three American citizens and a Cuban national with residency in the United States on February 24, 1996. The four were shot down by Cuban fighter jets as they flew small aircraft with Brothers to the Rescue, a group that searched the seas for Cuban refugees in trouble. Hernandez’s spy group had infiltrated Brothers to the Rescue.] Hernandez returned to Cuba and became tasked with spying on Cubans on a national level.

Cuba was removed from the terror sponsor list on April 14, 2015 to re-establish diplomatic relations.

Omitted by Mr. Larison is what happened next.

Relations were officially reestablished in July 2015, and yet, the United States was unable to obtain the return of this weapon, despite repeated requests, until the story went public in January 2016. The Hellfire missile, filled with sensitive technology, was returned in February 2016, after over a year and a half in Havana’s possession.

Beginning in November 2016, on President Obama’s watch, scores of U.S. diplomats began being identified as suffering neurological injuries, and Havana failed in its duty to protect them on their territory, and claimed it was “mass hysteria” and “crickets” at different times. This was the reason for the reduction in personnel.

Mr. Larison fails to mention that on January 2, 2017, Raúl Castro presided over a military parade in which Cuban soldiers chanted: “Obama! Obama! With what fervor we’d like to confront your clumsiness, give you a cleansing with rebels and mortar, and make you a hat out of bullets to the head.”

The New York Times reported on December 29, 2020 that Raul Castro refused "request by Colombia, an American ally, to extradite 10 leaders of the country’s National Liberation Army living in Havana after group claimed responsibility for a bombing of a Bogotá police academy in January 2019 that killed 22 people." 

Gerardo Hernandez conspired to murder Americans and carry out terrorism

Oh yes, and Gerardo Hernandez, who President Obama commuted his double life sentence, the same Mr. Hernandez who planned terrorists acts on U.S. soil and successfully conspired to murder Americans, on December 17, 2020 was promoted to the Castro dictatorship’s Council of State, the 31-member body that governs day-to-day life on the island.

Despite all of this, and a Cuban presence in Venezuela that engages in repression and trains Venezuelan officials in torture techniques, and played an important role in the rise of the Soles drug cartel, Mr Larison has the chutzpah to claim otherwise.

Returning both Cuba and North Korea to the list of terror sponsors is to undue politicization of the list. The Castro regime has a long track record of both terrorism and training and sponsoring terrorists around the world. 

Furthermore, the Trump Administration should declassify the communications and meetings carried out secretly by the Obama Administration from 2010 through 2017 with Havana, and especially the meetings between White House staffer Ben Rhodes and General Raul Castro’s son, Alejandro Castro Espin, a Colonel in the Ministry of the Interior that reportedly began in 2013.

The American people should know what went on and how it has advanced or impeded U.S. interests. The Castro dictatorship and its spy apparatus already does.

Sunday, June 21, 2020

Wasp Network film: What was left out watered down and muddled what would have been an interesting film

Say their names:  Armando Alejandre, Carlos Costa, Mario de la Peña and Pablo Morales. Killed on February 24, 1996 with the active assistance of the Wasp Network.


Olivier Assayas is a talented filmmaker who with Edgar Ramirez once made a powerful film about international terrorism that is worth seeing, unfortunately that film is not the 2019 film Wasp Network that has been correctly described as a "disappointingly muddled spy saga," and something to skip.

This is one case where reality is much more dramatic and engaging then what appeared on the screen, because the film was based on misinformation provided by the Castro regime to portray the WASP network in a positive light, and to do this non-violent movements Brothers to the Rescue, and the Democracy Movement had to libeled, their significance downplayed, and linked to violent groups with sketchy actors.

Meaning that at a time when a popular and broad based non-violent movement was gaining strength in the Cuban diaspora the film engages in an act of schizophrenia. The main spies featured in the film Juan Pablo Roque and Rene Gonzalez infiltrate Brothers to the Rescue and the Democracy Movement and attempted to get close to their respective leaders Jose Basulto and Ramon Saul Sanchez.

We do not see Ramon Saul Sanchez in the film, although he is mentioned, but we do encounter a version of Jose Basulto that bears no resemblance to the man I've been acquainted with for over 25 years, and had the privilege to briefly interview and take part in a panel discussion on nonviolence with both men.



The film repeats Castro regime falsehoods about both groups trying to link them to violent movements, but the reality is that they were collaborating with The King Center in the early 1990s and organized a non-violence teach in at Florida International University. The film includes footage of  former Foreign Minister Roberto Robaina (now defenestrated) defending the shoot down of the two civilian planes in February 24, 1996 and towards the end Fidel Castro making the case for his regime engaging in espionage on American soil.

The Wasp Network repeats the Castro regime's line that they were just spying on Cuban exile groups, and implies that there were only ten of them in the network. The reality is that there were over 40 operatives, and they were also targeting American military bases, Congressional offices, and were engaging in active measures to manipulate elections.

Ten captured spies
 The film lightly mentions the Ochoa Affair, and touches on its political aspect of liquidating General Arnaldo Ochoa, a popular general among the ranks, who was executed in 1989, but fails to mention the Castro regime's extensive involvement in drug trafficking.

However it guts the film of what would have been powerful elements that would have provided clarity not to mention drama and pathos to the film and explained the overflight of Havana by Brothers to the Rescue but this would have necessitated putting on film the July 13, 1994 ""13 de marzo" tugboat massacre when agents of the Castro regime sank a tugboat six miles off the coast of Havana and actively caused 37 men, women, and children to drown.

One year later on the anniversary of the killings, and with the bodies never recovered, a flotilla of exile boats tried to reach the spot where the tugboat rested with their remains to hold a service for the dead. The lead boat Democracia had its hull crushed by Cuban government gunboats, and turned back. At that moment Brothers to the Rescue that had been flying overhead changed course and flew over Havana dropping the leaflets that read "Comrades No. Brothers."  This outraged the Castro brothers and they began plotting their revenge which they carried out seven months later.

It would have been much more interesting to learn about the other activities carried out by the Wasp Network and what they were planning when captured by the FBI.

The Wasp Network had planned to burn down a airport hangar, first terrorize then send a mail bomb to kill a CIA agent living in Bal Harbour identified as Jesus Cruza Flor, and provided material intelligence that assisted in the shoot down of two civilian planes on February 24, 1996 killing four. This came out during their trial. Gerardo Hernandez, the head of the network was convicted of murder conspiracy and espionage and condemned to a double life sentence.

This would have been a much more interesting and powerful film and not the muddled and confused propaganda film that is now playing on Netflix and is slow moving and unwatchable. Worse yet, the film does not identify the four men killed in the shoot down or the persons who flew with Jose Basulto that day and made it back. It also downplays and cleans up the communications of the Castro regime's pilots as they shot down the two planes, and attempts to portray Basulto in a negative light. A more accurate breakdown of what happened is available here.  


The three planes did not over fly Havana and the two planes shot down did not enter Cuban airspace. The one plane that allegedly entered a mile into Cuba's airspace briefly while flying a search and rescue pattern with the other two planes that were farther out was Jose Basulto's. The film shows the MiGs flying by the Brothers to the Rescue planes which did not happen in real life. There was no warning.

International organizations recognized that Armando Alejandre, Carlos Costa, Mario de la Peña and Pablo Morales were murdered by agents of the Cuban government on February 24, 1996 when they were blown out of the sky by air-to-air missiles fired by a Cuban MiG.  This was a criminal conspiracy organized by an outlaw regime. 




Remember and say their names:  Armando Alejandre, Carlos Costa, Mario de la Peña and Pablo Morales. Killed on February 24, 1996 with the active assistance of the Wasp Network.

In the meantime go see Assayas's 2010 film Carlos, that explores the life of a terrorist trained by the Castro regime,  but give Wasp Network a pass.

Below is a transcription that was translated that gives you a more accurate idea of what this spy network was really up to.


Transcribed and translated excerpts from seized diskettes:
DAV-118 (E) RTF (AIRPORT.DIR)
WORK DIRECTIVES FOR OPERATION “AEROPUERTO”
1-. THE IDEA OF THE OPERATION:
SINCE THE VERY BEGINNING THE ESSENTIAL IDEA OF THE OPERATION WAS FOR A-32 TO JOIN WITH THE ILLEGAL CENTER THAT WAS BEING DIRECTED BY A-4 AND WAS FUNCTIONING IN THE STATE OF FLORIDA.
2-. OPERATIONAL OBJECTIVES:
THE FUNDAMENTAL OBJECTIVE OF THE OPERATION IS TO ESTABLISH S/A A-32 IN KEY WEST FOR THE PURPOSE OF PENETRATING AND OBTAINING INFORMATION ON THE NAVAL AIR STATION LOCATED IN THAT CITY.
ALSO, TO MAKE CONTACTS WHICH CAN PROVIDE US WITH MILITARY, POLITICAL , BIOGRAPHICAL AND OPERATIONAL INFORMATION AS AS TO STUDY COUNTERREVOLUTIONARY ORGANIZATIONS EXISTING IN THE AREA AND CARRY OUT STUDIES ON THE OPERATIONAL SITUATION OF ROADS, MAINLY IN KEY WEST.
3-. PARTICIPANTS
A-32 WILL BE THE MAIN PARTICIPANT AND HE WILL BE DIRECTLY UNDER I.O. A-4.
WORK DIRECTIVES FOR OPERATION “GIRÓN.”
1-. IDEA OF THE OPERATION
Reviewed by: LS Salomon
Declassified by: KMDJr / RJG
Cred. #10517
11/27/00 1

[…]

DHo-101 (E) CMA (Disk 17).wpd
OPERATION “PICADA’
OBJECTIVES:
1.-) TRY TO IMPEDE THE CONSUMPTION OF INTENTIONS OF THE OPERATION P.A.L. (PAN, AMOR Y LIBERTAD) OF THE COUNTERREVOLUTIONARY ORGANIZATION BROTHER’S TO THE RESCUE.
2.-) AFFECT AND DISCREDIT THE IMAGE OF SAID ORGANIZATION.
ACTIONS TO BE DEVELOPED:
1.-) PERFORM THE OPERATIONAL SITUATION STUDY OF THE HANGAR AT THE OPA LOCKA BASE WHERE THE ORGANIZATION KEEPS AND OPERATES THEIR PLANES.
2.-) THE POSSIBILITY OF BURNING DOWN THE WAREHOUSE OF THE COUNTERREVOLUTIONARY ORGANIZATION, AND AFFECT THEIR PLANES, MAKING IT SEEM LIKE AN ACCIDENT, NEGLIGENCE OR SELF DAMAGE.
KEEPING IN MIND THAT THIS PLACE MAY BE SECURED AND THAT IN CASES LIKE THESE, INVESTIGATIONS ARE PERFORMED, RUMORS WILL LEAK THAT BASULTO AND HIS PEOPLE CAUSED THE DAMAGE THEMSELVES TO COLLECT THE INSURANCE AND GET MORE MONEY FROM THEIR CONTRIBUTORS.
3.-) ATTEMPT TO DISABLE THEIR EQUIPMENT AND TRANSMISSION ANTENNAE ON LAND, THE ONES THEY USE TO COMMUNICATE WITH DURING THEIR MISSIONS, MAKING IT SEEM LIKE NEGLIGENCE.
NOTE: THESE THREE POINTS WERE REQUESTED OF CASTOR VIA RADIO MESSAGE. IT HAS TO BE DETERMINED WHAT HE HAS BEEN ABLE TO OBTAIN.
4.-) ANALYZE WITH CASTOR IF HE COULD INFORM US AHEAD OF TIME (DETERMINE PRECISE TIME) WHEN THE BROTHER’S TO THE RESCUE PLANES WILL BE TAKING OFF, WHO IS IN THEM AND IF THEY ARE GOING TO LAND AT A SPECIFIC PLACE. WHAT PERSONNEL KNOWS THIS INFORMATION BEFOREHAND. AT SOME POINT, CAN IT BE DETERMINED WHO PROVIDED THIS INFORMATION.
5.-) ACCORDING TO THE FEATURES OF THE PLANES, THEIR SECURITY SYSTEM, AS WELL AS THE HANGAR WHERE THEY ARE LOCATED, IF AT ANY SPECIFIC MOMENT HE COULD HIDE SOME TYPE OF MATERIAL AND KEEP IT THERE WITHOUT BEING DETECTED. WHAT SIZE WOULD THAT MATERIAL HAVE TO BE
OPERATION PARALLELO:
THE OBJECTIVE OF THIS OPERATION IS TO DEVELOP A SERIES OF ACTIONS AGAINST CIA AGENT JESUS CRUZA FLOR.
THESE ACTIONS WOULD BE:
1.-) PHOTOGRAPH OR VIDEO TAPE HIS HOUSE, LOCATED AT:
1440 S. BAYSHORE DR.
MIAMI, FLORIDA 33131
TELEPHONE (305)358-0762
2.-) ONCE THE HOUSE IS PHOTOGRAPHED, MAKE VARIOUS THREATENING TELEPHONE CALLS (TWO OR THREE) CONCERNING HIS NEARING EXECUTION.
THESE CALLS WOULD BE AT DIFFERENT HOURS AND DIFFERENT DAYS. TRY TO USE THE EQUIPMENT (CALLED SCRAMBLER OR SOMETHING SIMILAR) TO CHANGE THE VOICE. PHONE BOOTHS SHOULD BE SELECTED THAT ALLOW A QUICK EXIT OUT OF THE AREA. KEEP IN MIND THAT THE MEASURES IS AGAINST A CIA AGENT AND HE COULD HAVE CALLER ID TO FIND OUT THE TELEPHONE NUMBER THAT IS CALLING AND THE ADDRESS WHERE IT IS LOCATED. ON THE OTHER HAND, KEEP IN MIND THE REST OF THE SECURITY MEASURES THAT SHOULD BE TAKEN IN THE BOOTH, SUCH AS FINGERPRINTS, HAIR, ODORS, SALIVA, DRESS, THAT THERE BE NO PERMANENT PERSONNEL IN THE AREA TO RECOGNIZE THE CALLER. DO NOT LEAVE THE CAR WHERE IT CAN BE OBSERVED, THE DURATION OF THE CALL. DO NOT RESPOND TO ANY QUESTIONS ASKED.
3.-) PREPARE AN ALLEGED BOOK-BOMB (BOOK, CABLE, BATTERIES, PLASTIQUE, ETC., AND SEND IT VIA EXPRESS MAIL. KEEP IN MIND TO WRAP THE BOOK IN A PROTECTIVE PAPER, WHICH IF THE ENVELOPE IS PASSED THROUGH THE X-RAY MACHINES, IMPEDES THE DETECTION OF WHAT IS INSIDE, AND THEREFORE IT WILL NOT BE ROUTED THROUGH THE MAIL.
KEEP IN MIND TO OBTAIN THE ENVELOPE, AS WELL AS THE POSTAGE, MANY DAYS IN ADVANCE AND SELECT A BUSY PLACE. USE A SPECIFIC CAMOUFLAGE.
STUDY THE MAILBOX WHERE THE PACKAGE WILL BE DEPOSITED, AS WELL AS THE TIME IT WILL BE DEPOSITED. ANALYZE HOW YOU WILL GET OUT OF THE AREA.
DURING THE ENTIRE PROCESS KEEP THE SECURITY MEASURES IN MIND, SUCH AS THE ONES MENTIONED BEFORE, GIVING SPECIAL ATTENTION TO FINGER PRINTS DURING THE ENTIRE PROCESS.
EVALUATE THE POSSIBILITY OF USING MANOLO TO MAKE THE CALL, THE TOPOS TO DEPOSIT THE ENVELOPE AND A-4 TO PREPARE THE BOOK-BOMB.
--------------
FEBRUARY 1, 1994
CONTACT AGENDA WITH 0-4 “ESELIN”
Reviewed by: LS Salomon
Declassified by: KMDJr
MM-#10517
9/24/00 2-6







Wednesday, April 8, 2015

Cuba policy and the story of the frog and the scorpion

"A scorpion wanted to cross a river, so he asked the frog to carry him. The frog refused because the scorpion would sting him. That would not be logical, explained the scorpion, because if he stung the frog they would both drown. So the frog agreed to carry the scorpion. Half way across, the frog felt a terrible pain - the scorpion had stung him. There is no logic in this, exclaimed the frog. I know, replied the scorpion, but I cannot help it - it is my nature." - Orson Welles, Confidential Report (1955


If media reports are accurate the Obama administration is rushing to remove Cuba from the list of state sponsors of terror.  The Castro regime has a long track record of sponsoring terrorism.  President Obama has tried to downplay the February 24, 1996 shoot down as a "tragic circumstance" not the premeditated act of state terrorism that it was. No doubt in part to justify commuting the life sentence of Gerardo Hernandez, the man found guilty of conspiracy to murder the four humanitarians. 

This is being done in a rushed fashion in order apparently to avoid an embarrassment at the upcoming Summit of the Americas and to try to rack up a foreign policy success that the political establishment with regards to Cuba has been trying to portray as low hanging fruit

The trouble is that this new policy is based on ignoring the character of the Castro regime and its 56 year history. The parable of the scorpion and the frog first stated by Orson Welles in the 1955 film Confidential Report seems appropriate in this new relationship between the Obama administration and the Castro dictatorship.

Welles's parable is a variation of Aesop's Fable of "The Farmer and the Viper" with the moral that "kindness is thrown away on evil."

Let us hope and pray that in this case Oscar Wilde is wrong and life does not imitate art. 

Tuesday, February 24, 2015

Fact Sheet on Brothers to the Rescue Shoot down

Distributed today in Florida International University during silent vigil


February 24, 1996 shoot down was an act of state terrorism that blew two civilian aircraft out of the sky with air to air missiles while in international airspace after regime planned the act months beforehand with its espionage network in the United States.

 FACT 1: By definition: Terrorism is the calculated use of violence (or the threat of violence) against civilians in order to attain goals that are political or religious or ideological in nature; this is done through intimidation or coercion or instilling fear)
http://wordnetweb.princeton.edu/perl/webwn?s=terrorism  


FACT 2: Cuba is responsible for violating the right to life (Article I of the American Declaration of the Rights and Duties of Man) to the detriment of Carlos Costa, Pablo Morales, Mario De La Peña, and Armando Alejandre, who died as a result of the direct actions of its agents on the afternoon of 24 February 1996 while flying through international airspace.

Inter-American Commission on Human Rights September 29, 1999 Report on the Merits http://www.cidh.org/annualrep/99eng/Merits/Cuba11.589.htm

FACT 3: Cuba is responsible for violating the right to a fair trial (Article XVIII of the American Declaration of the Rights and Duties of Man) to the detriment of the relatives of Carlos Costa, Pablo Morales, Mario De La Peña, and Armando Alejandre, in that to date the Cuban authorities have not conducted an exhaustive investigation with a view toward prosecuting and punishing the perpetrators and have not indemnified those same relatives for the damage they suffered as a result of those illicit acts.

Inter-American Commission on Human Rights September 29, 1999 Report on the Merits http://www.cidh.org/annualrep/99eng/Merits/Cuba11.589.htm

FACT 4: In Alejandre v. Republic of Cuba, 996 F.Supp. 1239 (S.D.Fla. 1997), a federal district court awarded the families of three of the four occupants of the “ Brothers to the Rescue” planes shot down by Cuba in 1996 a total of $187.7 million in damages against Cuba.

Lawsuits Against State Supporters of Terrorism: An Overview by Jennifer K. Elsea http://www.law.umaryland.edu/marshall/crsreports/crsdocuments/RS22094_06232005.pdf

FACT 5: WASP spy network was involved. One of the “illegal officers” (Gerardo Hernandez) was convicted of conspiracy to commit first-degree murder based on his role in the February 24, 1996, shoot-down of two unarmed civilian aircraft in international airspace by Cuban Air Force jet fighters, which resulted in the deaths of four people, three of them U.S. citizens.

Department of Justice on Obama Commutations
http://www.justice.gov/pardon/obama-commutations#dec152014

FACT 6: Brothers to the Rescue had spotted and saved thousands of rafters in the Florida Straits and was engaged in such a mission on that day. The one plane that skirted the boundary briefly was the only one to return. The other two were shotdown miles away from Cuba’s boundary having never entered or touched it on that day and the planes had been in contact with the Cuban tower throughout the flight.

ICAO Resolution on February 24 shootdown http://www.unhcr.org/refworld/country,,UNSC,,CUB,4562d94e2,3b00f1522b,0.html

FACT 7: On July 26, 1996 the United Nations Security Council: "Noting that the unlawful downing of two civil aircraft on 24 February by the Cuban Air Force violated the principle that States must refrain from using weapons against airborne civil aircraft, the Security Council this afternoon condemned such use as being incompatible with the rules of customary international law "

ICAO Resolution on February 24 shootdown 
http://www.unhcr.org/refworld/country,,UNSC,,CUB,4562d94e2,3b00f1522b,0.html

FACT 8: Ana Belen Montes, the US intelligence community's top analyst on Cuban affairs had throughout a sixteen-year career at the Defense Intelligence Agency sent the Cuba intelligence service sensitive and secret information and helped to shape US opinion on Cuba. Investigation against her was triggered by her odd behavior before and after the Brothers to the Rescue shoot down. On September 21 2001 Ana Belen Montes was arrested and subsequently charged with Conspiracy to Commit Espionage for the government of Cuba. Montes eventually pleaded guilty to spying, and in October, 2002, she was sentenced to a 25-year prison term followed by 5 years of probation.

True Believer: Inside the Investigation and Capture of Ana Montes, Cuba's Master Spy http://www.amazon.com/True-Believer-Inside-Investigation-Capture/dp/1591141001

FACT 9: On December 27, 2010 and again in a January 19, 2011 clarification the defense of Cuban spy-master Gerardo Hernandez acknowledged that "there was overwhelming evidence that the 1996 shoot-down of two Brothers to the Rescue planes occurred in international airspace, not Cuban territory."

The Miami Herald: Cuban spymaster now claims Brothers to the Rescue shooting was outside Cuban airspace by Jay Weaver December 27, 2010

FACT 10: On December 17, 2014 President Barack Obama commuted Gerardo Hernandez’s two life sentences and returned him along with two other spies jailed for crimes in the United States to Cuba where they were received with a hero’s welcome in what is an immense propaganda victory for the Castro regime.

Department of Justice on Obama Commutations
http://www.justice.gov/pardon/obama-commutations#dec152014 


Monday, February 16, 2015

Details on Commutations Granted by Obama to 3 Cuban spies

President Obama on December 17th didn't have much to say about the release of three Cuban spies that had planned terrorist acts on U.S. soil. However the US Department of Justice offered a few more details on the release of Antonio Guerrero, Gerardo Hernandez, and Luis Medina III.

December 15, 2014


Antonio Guerrero
 Offense: Conspiracy to commit an offense against the United States, 18 U.S.C. § 371; conspiracy to gather and transmit national defense information, 18 U.S.C. § 794(c); acting as an agent of a foreign government without prior notification to the Attorney General, 18 U.S.C. § 951

District/Date: Southern Florida; December 27, 2001

Sentence: 262 months' imprisonment (as amended on October 13, 2009); five years' supervised release

Terms of Grant: Sentence of imprisonment to expire on December 17, 2014, term of supervised release commuted in its entirety, and any unpaid balance of the special assessment remitted; conditioned on commutation recipient's departing from the United States on December 17, 2014, voluntarily renouncing his United States citizenship within two weeks of December 17, 2014, thereafter remaining outside the limits of the United States, its territories and its possessions, not accepting or receiving any financial benefit from any book, movie or other publication or production about his situation, renouncing any claim to benefits, including benefits under the Old Age, Survivors, and Disability Insurance Program, related to employment while in the United States, and waiving and releasing any and all claims against the United States of America, its agents, servants and employees, including any actions challenging his conviction or sentence

Gerardo Hernandez
Offense: Conspiracy to commit an offense against the United States, 18 U.S.C. § 371; conspiracy to gather and transmit national defense information, 18 U.S.C § 794(c); conspiracy to commit murder, 18 U.S.C. § 1117; fraud and misuse of documents, 18 U.S.C § 1546(a); possession with intent to use five or more fraudulent identification documents, 18 U.S.C. § 1028(a)(3); acting as an agent of foreign government without prior notification to the Attorney General, 18 U.S.C. § 951

District/Date: Southern Florida; December 12, 2001

Sentence: Life imprisonment; five years' supervised release

Terms of Grant: Sentence of imprisonment to expire on December 17, 2014, term of supervised release commuted in its entirety, and any unpaid balance of the special assessment remitted; conditioned on commutation recipient's departing from the United States on December 17, 2014, thereafter remaining outside the limits of the United States, its territories and its possessions, not accepting or receiving any financial benefit from any book, movie or other publication or production about his situation, renouncing any claim to benefits, including benefits under the Old Age, Survivors, and Disability Insurance Program, related to employment while in the United States, and waiving and releasing any and all claims against the United States of America, its agents, servants and employees, including any actions challenging his conviction or sentence

Luis Medina III, aka Ramon Labanino
Offense: Conspiracy to commit an offense against the United States, 18 U.S.C. § 371; conspiracy to gather and transmit national defense information,18 U.S.C. § 794(c); fraud and misuse of documents, 18 U.S.C. § 1546(a); false statement in passport application, 18 U.S.C. § 1542; possession with intent to use five or more fraudulent identification documents, 18 U.S.C. § 1028(a)(3); acting as an agent of a foreign government without prior notification to the Attorney General, 18 U.S.C. § 951

District/Date: Southern Florida; December 13, 2001

Sentence: 360 months' imprisonment (as amended on December 8, 2009); five years' supervised release

Terms of Grant: Sentence of imprisonment to expire on December 17, 2014, term of supervised release commuted in its entirety, and any unpaid balance of the special assessment remitted; conditioned on commutation recipient's departing from the United States on December 17, 2014, thereafter remaining outside the limits of the United States, its territories and its possessions, not accepting or receiving any financial benefit from any book, movie or other publication or production about his situation, renouncing any claim to benefits, including benefits under the Old Age, Survivors, and Disability Insurance Program, related to employment while in the United States, and waiving and releasing any and all claims against the United States of America, its agents, servants and employees, including any actions challenging his conviction or sentence.

Source: http://www.justice.gov/pardon/obama-commutations

Wednesday, September 15, 2010

Open letter to President Obama on Brothers to the Rescue & Gerardo Hernandez

No pardons for unrepentant terrorists please seek out remaining guilty parties


Marc Masferrer, in his excellent blog Uncommon Sense, reported on September 12 that a group of American artists were petitioning President Barack Obama to release five Cuban spies convicted at trial of various crimes, including involvement in the shoot down of the Brothers to the Rescue airplanes in 1996, killing three American citizens and one American resident. I decided to present my contrasting point of view in the letter I sent to President Obama (reproduced below) and also encourage you to sign an online petition opposing the release of Gerardo Hernandez and calling on the remaining killers at large to be placed on an Interpol watch list.

Dear President Obama,

Gerardo Hernandez, Ramón Labañino, Rene Gonzalez, Antonio Guerrero and Fernando Gonzalez are currently serving prison sentences for acts of espionage and what amounts to state terrorism against US citizens. They plotted to sabotage planes, set warehouses on fire, and discussed in their coded communications sending a mail bomb to a South Florida resident with the goal of causing their death. None of these men have demonstrated any remorse for their actions.

Then on February 24, 1996 the murders of Armando Alejandre, Carlos Costa, Mario de la Peña and Pablo Morales, condemned by the United Nations Human Rights Commission, the United Nation’s Security Council, the Inter-American Commission on Human Rights along with many others gave proof to the deadly seriousness of their planning.

Despite regime claims Brothers to the Rescue, infiltrated by Cuban spies, never advocated violence. On the contrary the organization had a close relationships with the Martin Luther King Jr. Institute and the Albert Einstein Institute and organized teach-ins on nonviolence.



I am writing you Mr. President because two issues concern me greatly.

First, I am troubled that General Ruben Martinez Puente, Francisco Perez-Perez, Lorenzo Alberto Perez Perez who were indicted on four counts of murder, two counts of destruction of aircraft and one count of conspiracy to kill U.S. nationals in August of 2003 and Juan Pablo Roque indicted in May 1999 as a foreign agent (although he played a role in the shootdown) have not been pursued to the full extent of the law.

Why hasn't the U.S. Department of Justice under your Administration or the previous one of George W. Bush presented Interpol with an arrest warrant for the three Cuban Air Force officials indicted for the 1996 murder of four U.S. nationals in international airspace and for the Cuban agent involved in the conspiracy to have them killed? It has already been 11 years in the case of Juan Pablo Roque and seven years in the case of the men who gave the order and pulled the trigger committing an act of state terrorism in which Americans were murdered.

What is the United States government waiting for?

Secondly, it is dismaying to learn that Gerardo Hernandez’s name is being raised in a possible exchange or release. He has had due process in a trial with the best attorney’s money could buy that have put on a zealous defense and appeals process for their client. Gerardo Hernandez’s conviction on conspiracy to commit murder is the only justice the victims and their families have achieved to date.

I am opposed to the exchange or release of Gerardo Hernandez and ask that the others responsible for the extrajudicial killing of these four human beings be placed on the Interpol terrorism watch list.

Sincerely,

- John J. Suarez

"The hope of impunity is the greatest inducement to do wrong." - Marcus Tullius Cicero

Sign petition addressed to the President here.