Congressional Opponents of U.S.-Cuba Reconciliation Accept Terrorism Rescission

On April 23 U.S. Representative Ileana Ros-Lehtinen (Rep., FL), a Cuban-American, announced that congressional opponents of U.S.-Cuba reconciliation reluctantly had accepted President Obama’s decision to rescind the U.S. designation of Cuba as a “State Sponsor of Terrorism” that was the subject of a prior post. [1]

She said that she and 35 other representatives had been preparing to draft a resolution opposing the rescission before a joint decision was made not to go forward. The reason was their conclusion that a “joint resolution to repeal President Obama’s de-listing of Cuba from the state sponsor of terrorism list would not have the far-ranging implications that many had assumed it would.” Legally, Ros-Lehtinen said, Congress cannot prevent the White House from taking Cuba off the list because not all the statutes that govern designation of a country as a state sponsor of terrorism provide a way for Congress to block a de-listing.

The Congressional Research Service and the State Department, on the other hand, earlier had said a joint resolution by both houses could block the rescission, provided the resolution withstood a veto by Mr. Obama.

Several analysts had cast doubt on whether there was enough support in Congress to try to block Mr. Obama’s decision. Indeed, Christopher Sabatini, a scholar of U.S.-Cuba relations at Columbia University, suggested that the Republicans’ legal review provided cover for the possibility that the votes to oppose rescission were not there.

“This was the hard-liners’ white flag,” Mr. Sabatini said. “They had been planning to present a piece of legislation in the allotted 45 days to overturn the removal of Cuba from the list, but couldn’t get a majority. Rather than risk looking even more isolated, they abandoned it.”

Nevertheless, according to Ros-Lehtinen, she and the other 35 representatives “are concentrating our efforts on promoting legislation that will hold the Castro regime accountable for its nefarious activities. We plan to file broader legislation regarding Cuba that will help ensure that U.S. national security is protected and that our country continues to advocate for human rights on the island. Removing Cuba from the State Sponsor of Terrorism list does not truly lift significant sanctions as many sanctions remain codified in law.”

A week earlier just such a bill, the Cuban Human Rights Act of 2015 (H.R.1782) was introduced in the House by Rep. Chris Smith (Rep., NJ), the chair of the House global human rights subcommittee; the cosponsors (as of April 23) are Ileana Ros-Lehtinen (Rep.,FL), Mario Diaz-Balart (Rep., FL), Albio Sires (Dem.,NJ), Carlos Curbelo (Rep., FL), Leonard Lance (Rep., NJ),Tom MacArthur (Rep., NJ), Mark Meadows (Rep., NC), Rodney Frelinghuysen (Rep., NJ), Frank LoBiondo (Rep., NJ), Peter King (Rep., NY) and Dana Rohrsbacher (Rep., CA).

According to the official summary, H.R.1782 expresses the sense of Congress that the U.S.-Cuba relationship should not be changed, nor should any federal law or regulation be amended, until the government of Cuba ceases violating the human rights of the people of Cuba; the U.S. should overcome the jamming of radio and television signals of the Radio y Television Marti by the government of Cuba, and the Broadcasting Board of Governors should not cut staffing, funding, or broadcast hours for Radio y Television Marti; if certain human rights conditions are not met the U.S. Permanent Representative to the U.N. should oppose and encourage other U.N. members to oppose Cuba’s continued membership on the U.N. Human Rights Council; and the annual Stae Department trafficking-victims report to Congress should include an in-depth analysis of the facilitation of or involvement in severe forms of human trafficking by any official of the government of Cuba or of companies wholly or partially owned by the government of Cuba.

On the other hand, the summary says the bill may not be construed as: prohibiting the donation of food to nongovernmental organizations or individuals in Cuba; restricting the export of medicine or medical supplies to Cuba, or abrogating any requirement that such exports be verified in conformity with the Cuban Democracy Act of 1992 or any other applicable federal law; or prohibiting or restricting any other form of assistance specified in the Cuban Democracy Act of 1992, including telecommunications, mail, and support for democracy.

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[1] This post is based upon the following: Ros-Lehtinen, Press Release: Any Legislation Regarding Cuba Must Be Substantive and Have Significant Legal Effect (April 23, 2015); Archibold, Cuba Moves Closer to Exit U.S. Terror List, N.Y. Times (April 24, 2015); Whitefield, Republicans won’t challenge Cuba’s removal from terrorism list, Miami Herald (April 23, 2015); Whitefield, Cuba human rights bill introduced; State says Cuba will talk about return of fugitives, Miami Herald (April 15, 2015); Chris Smith, Press Release: Bill to Promote Cuban Human Rights introduced in House of Representatives, (April 15, 2015).

 

 

 

 

 

 

 

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dwkcommentaries

As a retired lawyer and adjunct law professor, Duane W. Krohnke has developed strong interests in U.S. and international law, politics and history. He also is a Christian and an active member of Minneapolis’ Westminster Presbyterian Church. His blog draws from these and other interests. He delights in the writing freedom of blogging that does not follow a preordained logical structure. The ex post facto logical organization of the posts and comments is set forth in the continually being revised “List of Posts and Comments–Topical” in the Pages section on the right side of the blog.

2 thoughts on “Congressional Opponents of U.S.-Cuba Reconciliation Accept Terrorism Rescission”

  1. Thank you for the good commentary. I agree with Mr. Sabatini in that the small group of hardliners are waving the white flag and trying to save face.

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