U.S. House Hearing on Cuban Private Enterprise  

On January 18, the U.S. House Foreign Affairs Subcommittee on Western Hemisphere Affairs held a hearing that opened with its chair, Rep. Maria Elvira Salazar (Rep., FL), delivering a speech entitled “The Myth of the New Cuban Entrepreneurs: An Analysis of the Biden Administration’s Cuba Policy.”[1]

Salazar said, “according to information she has, the growth of private enterprises in Cuba is a ‘scheme’ by the Cuban government to violate the U.S. embargo and that only the children of Cuban leaders have an easy path to own these businesses.” That comment was echoed by Rep. Mark Green, a Tennessee Republican, saying, “the Cuban military is embedded in every single business, so the concept of a private sector is almost non-existent in the country.”

At the end of the hearing, however, after hearing about the Biden Administration’s position discussed below, Salazar “seemed to have softened her initial stance, telling the State Department officials that Republicans are ‘on the same page.’ Apparently contradicting her early views, she asked, “How can we help this administration really help those small business owners in Cuba that have no contact or connection with the regime to open up a good store if they want or to own a privately owned business? What can we do together?”

The Biden Administration’s Position on Cuban Private Enterprise

Eric Jacobstein, deputy assistant secretary of state for Western Hemisphere Affairs, testified at the hearing, “In an acute twist of irony, the island’s communist government must now rely on private enterprise to provide food and basic services for its people. We believe the organic expansion of the private sector on the island – led by the Cuban people themselves and not by any foreign government – is an opportunity that should not be wasted. Above all, we must encourage the freedom of Cuban citizens to define their economic future. Failing to engage and support Cuba’s private sector would leave space for Russia and the [People’s Republic of China] to shape the direction of the Cuban economy. We must not allow this to happen.”

Jacobstein added, “We believe the organic expansion of the private sector on the island – led by the Cuban people themselves and not by any foreign government – is an opportunity that should not be wasted. Above all, we must encourage the freedom of Cuban citizens to define their economic future. Failing to engage and support Cuba’s private sector would leave space for Russia and the [People’s Republic of China] to shape the direction of the Cuban economy. We must not allow this to happen.” Moreover, “the private businesses give some young Cubans reasons to stay on the island despite the challenges. . . . In an acute twist of irony, the island’s communist government must now rely on private enterprise to provide food and basic services for its people,”

Enrique Roig, the deputy assistant secretary in the State Department’s Bureau of Democracy, Human Rights and Labor, said that “the Biden administration is not solely focused on supporting independent private entrepreneurs but also on improving the human-rights situation on the island. In particular, the administration has pushed for the release of about 1,000 political prisoners.”

Rep. Joaquin Castro (Dem, TX), the Ranking Member of the Subcommittee, said, the U.S. should support Cuban entrepreneurial efforts, not stifle them.” He added, “Our policies of the last 60 years have not resulted in the changes we would like to see; in some cases, they have even emboldened the Cuban government and strengthened their relationship with key adversaries like China and Russia. The United States can both recognize the threat that the Cuban regime poses to regional and national security while also engaging on key priorities and supporting the Cuban people’s efforts to further their own democratic aspirations.” This includes embracing “former President Barack Obama’s engagement policies, including removing Cuba from the list of countries that sponsor terrorism,” calling it ‘a baseless, extremely harmful designation.’

California Democrat Sydney Kamlager-Dove said that the denial that the Cuban private sector truly exists was a “conspiracy theory.”

Other Comments on Cuban Private Enterprises

Before the hearing, John Kavulich, the president of the U.S.-Cuba Trade and Economic Council, a Washington-based organization tracking business with Cuba, wrote in the Cubatrade blog, “The hearing premise is established on a falsehood” and that it is “wrong” to define those who have created and manage the private enterprises “as participants in a myth, as dupes of the government … rather than instruments of change. [The Cuban government] “does not embrace the re-emerging private sector. It’s tolerated. That should not mean the United States Congress should dismiss it. Or worse, work against it. “

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[1] Torres, Republicans and Democrats in Congress clash over the existence of the private sector in Cuba, Miami Herald (Jan. 18, 2024),

 

U.S. Needs To Improve Relations with Cuba

Cuba recently has been the subject of many related news reports. First, the island is suffering from many economic problems, including many younger Cubans abandoning the island for life elsewhere. Second, many private enterprises on the island are being successful.  Third, this year Russia and China have been increasing their connections with Cuba to support that country and oppose U.S. actions against the island. Fourth, the above developments pose challenges to the U.S., which needs to return to its positive relationships with Cuba that were started in the Obama Administration.

Cuba’s Recent Economic Problems[1]

“With sanctions tightened by the Trump Administration (and not repealed by the Biden Administration), Cuban economic mismanagement and the impact of the pandemic and other events, Cuban inflation has soared, basic foods and medicines have become scarce, and money transfers from Cubans in the U.S. have dwindled. The flow of foreign tourists has also dried up.”

In July 2021, this “economic crisis sparked a wave of protests across the island, which prompted a harsh response from security forces. In the following months the government brought charges against 930 protesters and sentenced 675 of them to prison terms, some as long as 25 years, according to Laritza Diversent, director of human-rights group Cubalex.”

In August 2022 a “fire destroyed 40% of the fuel storage capacity at the port city of Matanzas, leading to increased electricity outages that even before the disaster were lasting up to 20 hours a day in many places.”

Cuba’s economic difficulties also were exacerbated by the Trump Administration’s 2019 imposition of the harshest economic sanctions against Cuba in more than a half-century. It ended virtually all non-family travel to Cuba and placed new limits on the money Cuba-Americans could send to family on the island. This Administration also began implementing an old law aimed at blocking both U.S. and foreign investment on the island that had been on hold because of immense opposition from U.S. allies. This move unleashed a law allowing Cuban Americans to sue in U.S. courts any company that benefits from their property on the island that had been confiscated by Fidel Castro’s regime. More significantly, the Trump Administration re-designated Cuba as a state-sponsor of terrorism.[2]

In response to these problems, as of August 2022, “More than 175,000 Cuban migrants were apprehended in the U.S. between last October and July, six times as many as in the previous 12-month period, according to U.S. Customs and Border Protection. Most are young, single adults, according to government statistics. Many are relatively well educated, say people who work with the migrants.” This “exodus reflects the desperation, the lack of hope, and the lack of future people on the island feel,” said Jorge Duany, head of the Cuban Research Institute at Florida International University.”

Recent Expansion of Cuban Private Enterprises on the Island[3]

According to Miami Herald, “over the past two years . . . [p]rivate businesses, banished from the island by Fidel Castro more than 60 years ago, are making a strong comeback, employing more people than state enterprises, gaining trust from foreign creditors and helping put food on Cubans’ tables at a time of widespread scarcity.” Recently Cuba’s economy minister, Alejandro Gil, in a speech at the National Assembly reported that “the private sector is on track to buy over a billion dollars in goods by the end of [this] year—outpacing the government as the country’s largest importer.”

“[P]rivate grocery stores are taking the place of the empty-shelf government supermarkets, and all sorts of [private] businesses are filling the space once monopolized by the state. Some restaurant owners are now opening chains or franchises. Others are entering partnerships with cash-strapped local enterprises owned by the state and paying in foreign currency for the supplies needed for their production lines.”

“Cuban [government] leaders have long resisted [such a development] because it aims at the heart of the state-controlled Marxist economy.” But “[t]they’ve had no choice but to allow it amid the most severe economic crisis.” As a result, Cuba is looking “less like the highly centralized socialist economy . . . and more like a country in transition, where a nascent business community coexists with inefficient state companies.”

According to Ricardo Herrero, executive director of the Cuba Study Group, a Cuban-American organization that helps train entrepreneurs on the island, who “share similar value sets with entrepreneurs here in the  United States.” They “want the government off their backs and want to see better relations between the United States and Cuba, particularly between Cuba and the diaspora.” Moreover, “some Cubans living in Miami are even owners or partners in some of these private companies.”

The Cuban “private sector now employs around 35% of Cuba’s work force, about 1.6 million workers, surpassing the 1.3 million employed by state enterprises, according to Cuban economist Juan Triana, a professor at the Center for the Study of the Cuban Economy at the University of Havana.

These non-state actors through the end of this April were responsible for $270 million of Cuba’s imports or 61% of its total imports according to Pedro Monreal, a Cuban economist who works for the U.N. Educational, Scientific and Cultural Organization.

On August 2, 2023, however, Cuba’s Central Bank announced new regulations that will require small private businesses to offer their customers ways to make digital payments and promptly to deposit all cash revenue in their bank accounts while banning cash withdrawals to pay operating expenses. This also will ban private enterprises from using their Cuban pesos to buy U.S. dollars in the informal market to pay for goods purchased abroad while the government is unable to provide food and essential goods for the people. As a result, these regulations are another government attempt to regulate the private sector and are expected to cause immense practical difficulties in the state-owned banks and system to implement the regulations and regulate increases in retail prices on the island.

Russian and Chinese Recent Assistance to Cuba[4]

Starting in February 2023, “high-level Russian officials began a steady stream of public visits to Cuba. Barely a month went by without a high-profile Russia-Cuba visit.” And high-level Cuban officials also were visiting Russia. Here is at least a partial list of those visits this year:

  • “In March, Nikolai Patrushev, secretary of the Russian Security Council and Igor Sechin, the powerful director of the Russian state oil company, Rosneft, met with leaders in Havana.”
  • “In April, Russian foreign minister, Sergey Lavrov, visited the island as part of a regional tour that included two other American adversaries — Venezuela and Nicaragua.”
  • “In June, Cuban Prime Minister Manuel Marrero Cruz visited Russia for more than ten days, including a meeting with Putin.
  • More recently, “Alvaro Lopéz Miera, the Cuban defense minister, traveled to Moscow . . . for discussions with his Russian counterparts — including Sergei Shoigu, one of the notorious architects of the war in Ukraine.” And Shoigu announced that “Cuba has been and remains Russia’s most important ally in the [Caribbean] region.” Shoigu promised that Moscow was “ready to render assistance to the island of freedom and to lend a shoulder to our Cuban friends.”
  • Similar comments came from “Cuban Deputy Foreign Minister Gerardo Peñalver, [who] described the two countries as ‘strategic allies’ cooperating against ‘unilateral coercive measures’ from Washington.”

These contacts have resulted in a memo of understanding whereby Russia will invest in Cuba’s agricultural lands to produce goods for the Russian market, Russia will increase its commercial flights to Cuba’s eight airports, will modernize Cuba’s major industries and reduce tariffs and costs for Russian exports to the island and will construct an all-Russian hotel, shopping mall and banking facilities in Cuba.

In addition, “Russia pledged to give oil and various industrial supplies to Cuba. By one estimate, Moscow has already sent the island more than $160 million worth of oil this year. And Russian news agencies announced that additional supplies will follow.”

“Cuba now receives direct flights from Russia (flights had been suspended after the invasion of Ukraine), and it has joined the ’Mir’ payment system that Moscow created to facilitate the conversion of rubles to pesos and other currencies for tourism, trade and aid. Over 1,000 Russian oil executives and staff are expected to the visit Cuba by year’s end.”

In early July, “the Russian naval ship, Perekop, diverted to Cuba from the country’s Baltic Sea fleet more than 7,000 miles away. The ship carried approximately 100 Russian naval cadets, humanitarian assistance and various equipment to Cuba. The Russian ambassador and the deputy commander of the Russian Navy attended the ship’s elaborate arrival ceremony, symbolizing that this was the beginning of deeper collaboration.”

China, on the other hand, is Cuba’s largest trading partner, and plays a role in the island’s agricultural, pharmaceutical, telecommunications and infrastructural industries. Beijing also owns a significant measure of Havana’s foreign debt.

In early June 2023, there were reports that China was planning to build an electronic listening station in Cuba in exchange for paying Cuba billions of U.S. dollars and that U.S. officials were concerned that such a station could be capable of spying on the United States by intercepting electronic signals from nearby U.S. military and commercial facilities and could amplify Beijing’s technological capacity to monitor sensitive operations across the Southeastern U.S., including several military bases. This Chinese base is part of what the US intelligence community identifies as a wider Chinese effort to intercept American communications, steal secrets and prepare for increased competition.” However, on June 10th an anonymous Biden official said that before 2019, the U.S. knew there was an operating Chinese spy base or facilities in Cuba that could intercept electronic signals from nearby U.S. military and commercial buildings.

In any event, Evan Ellis, a Latin America analyst at the U.S. Army War College, saw such an electronics facility as “a sign of the island’s financial desperation. China gives money to Cuba it desperately needs, and China gets access to the listening facility.” However, Michael Bustamante, a Cuba expert at the University of Miami, said aside from Cuba’s financial dire straits, the deal with China may reflect that the Cuban government feels it has little to lose given how poor its relationship is with the U.S.

Moreover, according to the Wall Street Journal, in later June 2023, Cuba and China were negotiating to establish a new joint military training facility on the north coast of the island that would be “part of China’s ‘Project 141,’ an initiative by the People’s Liberation Army to expand its global military base and logistical support network. It also is a sign that China now sees its struggle with the U.S. as global and that it must operate around the world to fend off Washington and protect Chinese interests.

U.S. and Cuban Exchanges About Chinese and Russian Connections with Cuba[5]

On June 20, 2023, U.S. Secretary of State Antony Blinken said that the U.S. would “have deep concerns” about Chinese military activity on Cuba, and that he made this message clear on his recent visit to Beijing.

The next day at the June 21 State Department Press Briefing, , the Department’s Principal Deputy Spokesperson, Vidant Patel, said, “The Secretary raised the serious concerns the U.S. would have about any intelligence or military facility in Cuba, saying that we will continue to defend our interests here.” Then in response to a reporter’s question, Patel added, “[W]e we are monitoring and responding to any PRC attempts to expand its military or security presence around the world, and we watch how potential PRC actions may impact the United States. Our experts assess that our diplomatic efforts have slowed the PRC down, and there of course continue to still be challenges, but we continue to be concerned about the PRC’s longstanding activities with Cuba. The PRC will keep trying to enhance its presence in Cuba and we will keep working to disrupt it.”

These U.S. assertions were strongly denounced by Cuba’s Minister of Foreign Affairs, Bruno Rodriguez Parrilla, in the following statement:

  • “The assertions made by the US Secretary of State about the presence of a Chinese spy base in Cuba are false, totally false. Cuba’s standing on this subject is clear and unequivocal.”
  • “These are unfounded allegations.”
  • “The [U.S.] aim is to use them as a pretext to maintain the economic blockade against Cuba and the measures of maximum pressure that have strengthened it in recent years, and which have been increasingly rejected by the international community, as well as inside the United States. The rejection includes the demand to remove Cuba from the arbitrary list of States Sponsors of Terrorism.”
  • “Cuba is not a threat to the United States or any other country.  The United States implements a policy that threatens and punishes the entire Cuban population on a daily basis.”
  • “The US has imposed and owns tens of military bases in our region and also maintains, against the will of the Cuban people, a military base in the territory that it illegally occupies in the province of Guantánamo.”
  • “We are witnessing a new disinformation operation, similar to the many others in the United States throughout its long history of hostility against our country.”

On August 2, Granma, the official organ of Cuba’s Communist Party’s Central Committee, reiterated Cuba’s denunciation of the U.S. embargo (blockade) of Cuba, with the following words:

  • “The Ministry of Communications (MICOM) is the target of the brutal blockade of the United States against Cuba, according to confirmation of damages that only in the period August 2021-February 2022 caused economic damages and losses that exceeded 104 million dollars.”
  • “This was denounced by the first deputy minister of the sector, Wilfredo González Vidal, who specified to the Cuban News Agency (ACN) that the cruel economic, commercial and financial monstrosity reduces the dynamism and speed of the digital transformation process of our country.”
  • “The set of actions developed by the United States, he said, ‘continues to be the main impediment to a better flow of information and broader access to the Internet and Information and Communication Technologies (ICT) for our people.’”
  • “However, in Cuba the expansion of access to the network of networks and knowledge continues, and today it has 7.8 million mobile phone users and of them almost seven million access the Internet through this important channel, he noted.”
  • “This, he asserted, is due to the effort and will of the State to advance in the information society, creating a responsible culture on the use of new technologies in favor of the economy and society.”
  • “The official pointed out that the economic damages and losses caused to the Communications System, as a consequence of the blockade, are evident throughout the sector, that is, in Telecommunications, Information Technologies and Postal Services.”
  • “Likewise, according to the ACN, it described as significant the effects due to the limitations of supplies of technologies and equipment produced under license, or using North American components, which forces it to go to other markets, much further away, an obstacle for which the greatest effects are quantified to sector.”

In July 2023 the U.S. went beyond words by sending “a nuclear-powered submarine, the USS Pasadena, to the American-held base at Guantanamo Bay. Officially a ‘logistics stop,’ this was a warning and a show of strength. The Cuban Ministry of Foreign Affairs condemned the submarine visit as a ‘provocative escalation.’ The US Navy said the move was ‘not without precedent.’”

U.S. Should Return to Positive Engagement with Cuba[6]

Only a few years ago, the government of Cuba was pursuing closer ties to Washington. According to William LeoGrande, a Latin America expert at American University, “Every major component of Cuba’s economic strategy in the last two decades had been premised on long-term expectations that the relationship with the U.S. would improve.”

In December 2014, this Cuban effort paid off when the two countries presidents (Barack Obama and Raul Castro) announced that their countries would be pursing efforts to improve relations, and that effort produced positive results for the rest of Obama’s presidency ending in early January 2017. Everyone from Conan O’Brien to Andrew Cuomo to Steve Nash began showing up in Havana. As a University of Miami’s Cuba expert, Michael J. Bustamante, noted at the time, “the American flag has even become the most stylish national standard, appearing on Cubans’ T-shirts, tights and tank tops.”

However, the Trump presidency (2017-21) and the Biden presidency since early 2021 have been engaged in U.S. policies of hostility toward Cuba.

Now the emergence of an important private enterprise sector of the Cuban economy has provided the opportunity for the two countries to return to better relations that improve the living conditions of the people on the island. This argument was well put in an op-ed article in the Miami Herald by Miguel “Mike” Fernandez, the Chairman of Coral Gables, Florida’s MBF Healthcare Partners, who said the following:

  • “It is time to shift our focus toward uplifting the Cuban people, primarily by supporting and empowering the emerging private sector, to restore hope and a bright future for the nation.”
  • “By promoting and facilitating engagement and collaboration with Cuba’s emerging private sector, the United States can foster positive change, enhance regional stability and tap the vast potential of Cubans’ entrepreneurial spirit, while reducing the vast numbers of Cuban immigrants arriving at the southern border.”
  • “A notable, and not so quiet, course change has begun as the Cuban government has had to accept the reality that it’s broke. Hence the emergence of a private sector, which can use our support because of our know-how and capital resources as a viable alternative to a punitive strategy. . . . [This private sector] is providing solutions for Cubans where the government no longer can. . . . [and] presents an opportunity to transform the country’s economic landscape.”
  • “It is crucial for the United States to support and engage with Cuba’s private sector to reduce emigration to this country and promote stability and prosperity within the island. . . . By redirecting our efforts toward supporting the growth of entrepreneurship, small businesses and foreign investment, we can foster an environment of economic independence for Cubans.”

At the top of the “to do” list for the U.S. is cancelling (1) the U.S. embargo [blockade] of Cuba; (2) the U.S. designation of Cuba as a state sponsor of terrorism, which the Obama Administration had done in 2015; and (3) the ban on U.S. tourist visas for Cuba. The U.S. should also initiate diplomatic discussions with Cuba regarding many issues, including U.S. positions on Cuba set forth in U.S. annual reports on world-wide trafficking in persons; religious freedom; and human rights.[7]

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[1] E.g., Cordoba, Cuban Migrants Head to the U.S. in Record Numbers, W.S.J. (Aug. 24, 2022)

[2] Trump declares economic war on Cuba, the Conversation (April 18, 2019); Communications sector severely damaged by the US blockade, Granma (Aug. 2, 2023).

[3] Torres, Capitalism makes strong comeback in Cuba after six decades of socialism. Will it last?, Miami Herald (June 23, 2023); Torres, How Miami companies are secretly fueling the dramatic growth of Cuba’s private businesses, Miami Herald (June 23, 2023); Fernandez, Transforming U.S.-Cuba relations: From dominating to elevating/Opinion, Miami Herald (July 19, 2023); MF Healthcare Partners, Rodriguez, Evaluate new proposals for measures in commerce to promote payment through electronic channels, Granma (Aug. 3, 2023); Torres, Sudden banking cash-withdrawal limit threatens private sector and food imports to Cuba, Miami Herald (Aug. 4, 2023).

[4] Demirjian & Wong, China to Build Station That Could Spy on U.S. from Cuba, Officials Say, N.Y. Times (June 8, 2023); Strobel & Lubold, Cuba to Host Secret Chinese Spy Base Focusing on U.S., W.S.J. (June 8, 2023); Cordoba, Cuba’s Spy Deal With China Has Echoes of Cold War Tensions, W.S.J. (June 8, 2023); Gale & Ramzy, Cuba Base Would Help China Identify Strike Targets in U.S., W.S.J. (June 9, 2023); Hutzler & Vyas, Cuba Spy Station Brings China Closer to America’s Doorstep, W.S.J. (June 9, 2023); Demirjian & Wong, China Has Had a Spy Base in Cuba for Years, Official Says, N.Y. Times (June 10, 2023); Lubold & Strobel, White House Says China Has Had Cuba Spy Base Since at Least 2019, W.S.J. (June 11, 2023); Strobel, Lubold, Salama & Gordon, Beijing Plans a New Training Facility in Cuba, Raising Prospect of Chinese Troops on America’s doorstep, W.S.J. (June 20, 2023); Editorial, China’s New Military Footprint in Cuba, W.S.J. (June 20, 2023; Yu, China Plans With Cuba for Global Dominance, W.S.J. (June 29, 2023); Suchlicki, The Russians are coming back to Cuba, prepared to challenge U.S. on its doorstep/Opinion, Miami Herald (June 23, 2023); Bihart, America’s Foes Are Joining Forces, N.Y. Times (July 3, 2023); Torres, China has had a spy base in Cuba for decades, former intelligence officer says, Miami Herald (July 5, 2023).Suri, Opinion: In tough times, Russia turns to a Cold War comrade, CNN.com (July 20, 2023).

[5] Editorial, China’s New Military Footprint in Cuba, W.S.J. (June 20, 2023); U.S. State Dep’t, Department Press Briefing—(June 21, 2023); Cuba Foreign Minister Parrilla, Cuba is not a threat to the United States or any other country, Granma (June 13, 2023). Communications sector severely damaged by the US blockade, Granma (Aug. 2, 2023);

[6] President Obama Rescinds U.S. Designation of Cuba as a ‘State Sponsor of Terrorism,” dwkcommantaries.com (04/15/15); U.S. Rescinds Designation of Cuba as a “State Sponsor of Terrorism, dwkcommantaries.com (05/29/15)  U.S. State Dep’t, U.S. Relations with Cuba (Nov. 22, 2019).

[7] This post does not comment on the multitude of issues regarding U.S.-Cuba relations. However, this blog has published a list of many of these posts about many of these issues, which has not been recently updated, (See, e.g., List of Posts to dwkcommentaries—Topical: CUBA [as of 5/4/20].

Criticism of President Biden’s “New Cuba Policy”

On May 16, 2022, the White House held a press briefing on what it called “Our New Cuba Policy.” After examining the details of that briefing, we will evaluate that so called “New Policy” and conclude that it is inadequate by failing to call for elimination of (a) the U.S. embargo of Cuba and (b) the U.S. designating Cuba as a “state sponsor of terrorism.”

U.S. “New Cuba Policy”[1]

The “new” policy was said to be designed “to increase support for the Cuban people and safeguard our national security interests” and resulted from the U.S. study over the last year that “continues to center on human rights and empowering the Cuban people to determine their own future, and we continue to call on the Cuban government to release all political prisoners.” This review was directed by President Biden to take actions in response to “the large-scale [Cuban] protests that took place last July” and “to take actions in two primary areas:”

  • “The first is to promote accountability for human rights abuses, for which we have announced several rounds of sanctions targeting those individuals and entities with direct ties to human rights abuses.”
  • “Second, . . . to explore meaningful ways to support the Cuban people.”

Therefore, the “new” policy has “prioritized and facilitated the export of privately sourced or donated goods to the Cuban people, focusing specifically on agricultural and medical exports; facilitated U.S. private sector faith-based organizations and other NGOs to provide humanitarian support; provided guidance to individuals and entities seeking to export to Cuba for the first time; . . . increased our support for the families of those who were detained; and increased, by $5 million, our support for censorship circumvention technology to support the ability of the Cuban people to communicate to, from, and among each other.”

In addition, the “new” policy was stated to fulfill President Biden’s commitment to the “Cuban American community and their family members in Cuba” by the following measures:

  • “[R]einstate the Cuba Family Reunification Parole Program and continue to increase the capacity for consular services. . . . [The U.S.] resumed limited immigrant visa processing [in Cuba] in early May and are looking to make sure that we staff up so that we can begin processing the full 20,000 immigrant visas out of Havana as quickly as possible.”
  • “[Strengthen] family ties and . . . [facilitate] educational connections for American and Cuban people by expanding authorized travel. . . . [That includes] specifically authorizing commercial and charter flights to locations beyond Havana.  We are reinstating group people-to-people educational travel under a general license, among a number of other measures.  We are not reinstating individual people-to-people educational travel.”
  • “[w]e are increasing support for independent Cuban entrepreneurs.  That includes encouraging commercial opportunities outside the state sector by using . . . independent Cuban entrepreneurs’ access to the Internet, cloud technology, programming interfaces, e-commerce platforms, and a number of other measures, including access to microfinance and training.”
  • The U.S. “will ensure that remittances flow more freely to the Cuban people while not enriching those who perpetrate human rights abuses.  . . . [That includes] removing the limit on family remittances of $1,000 per quarter per sender/receiver pair.  And we’ll authorize donative remittances, which will support Cuban families and independent Cuban entrepreneurs.”

In addition, the new policy will “continue to elevate the matter of human rights, the treatment of political prisoners, and . . . elevate the issue of labor rights in Cuba, [which more generally is “a core priority for the Biden-Harris administration.”

The authorization of group travel to Cuba will be limited to purposeful purposes, not tourism.

More generally the new policy is intended “to help alleviate the humanitarian suffering that prompts out-migration from Cuba and also to advance our interest in supporting the Cuban people and ensuring that Cuban Americans and Americans in general are also the best advanced ambassadors for U.S. policy.”

The U.S. will be increasing the staff at the Havana Embassy “with an appropriate security posture.”

There was no mention at this briefing of two very significant U.S. policies regarding Cuba: the U.S. embargo of the island and the U.S. designation of Cuba as a “state sponsor of terrorism.” Therefore, both of them remain in effect with continued major impacts on the island and will be discussed below.

Reactions to the “New” U.S. Cuba Policy[2]

New Jersey Democratic Senator Bob Menendez, a Cuban-American and now the Chair of the Senate Foreign Relations Committee, welcomed the maintenance of the State Department’s Cuba Restricted List and the restart of the Cuban Family Reunification Parole program. But he was “dismayed” at its restarting group travel to the island because it will not breed democracy on the island and merely help the Cuban government fund its “continued repression.”

The harshest critic of the “new” policy was Ben Rhodes, who was President Obama’s Deputy National Security Advisor and involved in that administration’s efforts to normalize relations with Cuba. Said Rhodes, “Disappointed doesn’t begin to scratch the surface of how I feel about the Biden-Cuba policy. Granted it was Trump” who initially reversed Obama’s policies, but “then Biden doubles down” on Trump’s policies. We had Trump—in the most grotesque, callous way—politicizing this. But then Biden doubles down. It’s a gaslighting to those people in Cuba ” (deliberately and systematically feeding false information that  leads recipients to question what they know to be true). (Emphasis added).

Scott Hamilton, who served as U.S. charge d’ affaires in Havana during Obama’s opening to Cuba, said Biden’s measures do not reorient relations, but “are more about addressing the need to get the numbers [of Cuban [emigrants] down on migration.”

It also should be noted that Biden left Trump’s sanctions in place as the coronavirus pandemic overwhelmed the island’s medical system and strangled tourism, a crucial source of cash and goods for families. Allowing U.S. flights only to Havana ignores the difficulties of obtaining and paying for land transportation to other parts of the island, and most hotels are off-limits under U.S. regulations. Biden’s relaxing limits on remittances to families on the island is a good idea, but it does not cope with the difficulties of U.S. blacklisting of the financial institution for electronic fund transfers, Fincimex, due to its ties to the Cuban military. A leading U.S. expert on Cuba, William LeoGrande, a professor of government at American University, said, “What’s striking about these[Biden] measures is, there’s nothing about reopening the diplomatic dialogues that were ongoing at the end of the Obama administration.”

As a member of a church (Minneapolis’ Westminster Presbyterian) that since 2001 has had a partnership with a Presbyterian church in Matanzas, Cuba and members who actively provide and maintain clean-water systems on the island,I welcome the new Policy’s encouraging “faith-based organizations to provide humanitarian support.” I, therefore, reject Senator Menendez’s criticism of encouraging group travel to the island.

The Biden administration is hoping that these new measures will reduce Cuba’s soaring out-migration. Apprehensions of Cubans on the U.S.-Mexico border have rocketed to more than 113,000 in the first seven months of this fiscal year, nearly three times as many as in all of fiscal 2021. These emigrants include some activists who were protesting in the streets last year, teachers, farmers and parents of young children who decided they would be better off leaving as the island’s economy continued to tank, the Cuban government having not enacted significant reforms and Nicaragua lifted its visa requirement, making travel there easier. This exodus is sapping Cuba of much of its youth while its population is aging and declining.

Now these economic problems have been exacerbated by the following two recent events:

  • In August 2022 oil storage tanks near the city of Matanzas on the north coast of the island were destroyed by a lightning strike. That destruction resulted in a heavy human toll and a serious blow to fuel for Cuba’s electric power generating system, which already had been tottering from lack of maintenance and investment. The U.S., however has not offered any help in responding to this emergency other than telephonic technical assistance.
  • More recently, on September 26, Hurricane Ian, a Category 3 storm, slammed into the western end of the island. The next morning videos showed residents walking through waist-deep water as waves continued to crash on shore. Power lines, trees and siding could be seen littered along the roads. Electric power throughout the island was damaged.

U.S. Embargo of Cuba[3]

On October 19, 1960, almost two years after the Cuban Revolution had taken over the island’s government, the Eisenhower administration launched the U.S. trade embargo against Cuba that prohibited all U.S. sales of goods and services to Cuba except food and medicine. That embargo continues in effect today, nearly 62 years later, with amplification by many U.S. statutes.

Cuba claims that to date it has suffered significant economic damages from the embargo and the U.N. General Assembly every year since 1992 (except 2020 due to the Covid pandemic) has adopted resolutions, by overwhelming margins, condemning the embargo as a violation of international law.

The last session to approve such a resolution happened on June 23, 2021, when the vote was 184 to 2 (the U.S. and Israel in opposition) with three abstentions (Colombia, Ukraine and Brazil). Cuba’s Foreign Minister, Bruno Rodriguez Parrilla told the Assembly that the embargo was a “massive, flagrant and unacceptable violation of the human rights of the Cuban people” and  “an economic war of extraterritorial scope against a small country already affected in the recent period by the economic crisis derived from the pandemic” with estimated 2020 losses alone to be $9.1 million.

The U.S. opposition at the last session was offered by Rodney Hunter, the Political Coordinator for the U.S Mission, who said sanctions are “one set of tools in the U.S. broader effort toward Cuba to advance democracy, promote respect for human rights, and help the Cuban people exercise fundamental freedoms.” Moreover, despite the blockade, the US recognizes “the challenges of the Cuban people” and therefore, the US was “a significant supplier of humanitarian goods to the Cuban people and one of Cuba’s principal trading partners. Every year we authorize billions of dollars’ worth of exports to Cuba, including food and other agricultural commodities, medicines, medical devices, telecommunications equipment, other goods, and other items to support the Cuban people. Advancing democracy and human rights remain at the core of our policy efforts.”

The current session of the General Assembly on November 2, 2022, will consider this year’s report by the U.N. Secretary-General, “Necessity of ending the economic, commercial and financial embargo imposed by the United States of America against Cuba.” The U.N. website for this report had a list of countries that had submitted comments (presumably supportive of the resolution), but did not include any comments from the U.S. or Israel, both of whom voted against the resolution in 2021, or from the three countries that abstained last year (Brazil, Colombia and Ukraine).

Therefore, it is fair to assume that the resolution against the U.S. embargo will again by overwhelmingly approved on November 2. Moreover, this blog continues to support abolishing the embargo.

U.S. Designation of Cuba as a “State Sponsor of Terrorism”[4]

Since 1982 the United States has had different opinions as to whether Cuba was a “state sponsor of terrorism” under three U.S. statutes—the Export Administration Act (section 6(j)), the Arms Export Control Act (section 40) and the Foreign Assistance Act (Section 620A)—that authorize the Secretary of State to designate countries that “have repeatedly provided support for acts of international terrorism” as “state sponsors of terrorism” and thereby impose sanctions on such countries, including restrictions on U.S. foreign assistance, bans on U.S. defense exports and sales, controls over exports of dual use items and miscellaneous financial and other restrictions.

We will look at these different positions, including the Biden Administration’s current review of the Trump Administration’s last minute designation of Cuba as a “State Sponsor.”

Cuba as “State Sponsor of Terrorism,” 1982-2014. From 1982 through 2014, the U.S. designated Cuba as such a Sponsor.[5]

U.S. Rescinds Cuba’s “Sponsor” Designation, 2015.  [6] On April 14, 2015, Secretary of State John Kerry publicly announced that the State Department had recommended that President Obama rescind the designation of Cuba as a “State Sponsor of Terrorism.” His press release stated that the prior week the “Department submitted a report to the White House recommending, based on the facts and the statutory standard, that President Obama rescind Cuba’s designation as a State Sponsor of Terrorism.”

“This recommendation,” the Statement continued, “reflects the Department’s assessment that Cuba meets the criteria established by Congress for rescission . . . . whether Cuba provided any support for international terrorism during the previous six months, and whether Cuba has provided assurances that it will not support acts of international terrorism in the future.” This conclusion was based, in part, upon “corroborative assurances received from the Government of Cuba.”

Nevertheless, according to the Secretary’s statement, “the United States has had, and continues to have, significant concerns and disagreements with a wide range of Cuba’s policies and actions, [but] these concerns and disagreements fall outside of the criteria for designation as a State Sponsor of Terrorism.”

The same day (April 14, 2015), a White House press release stated the President had “submitted to Congress the statutorily required report and certifications indicating the Administration’s intent to rescind Cuba’s State Sponsor of Terrorism designation.” That presidential decision was based upon the previously mentioned State Department recommendation that was based on its “careful review of Cuba’s record, which was informed by the Intelligence Community, as well as assurances provided by the Cuban government.”

This White House press release also stated, “As the President has said, we will continue to have differences with the Cuban government, but our concerns over a wide range of Cuba’s policies and actions fall outside the criteria that is relevant to whether to rescind Cuba’s designation as a State Sponsor of Terrorism.  That determination is based on the statutory standard – and the facts – and those facts have led the President to declare his intention to rescind Cuba’s State Sponsor of Terrorism designation.  More broadly, the [U.S.] will continue to support our interests and values through engagement with the Cuban government and people.”

President Obama’s simultaneous message to Congress certified that “(i) the Government of Cuba has not provided any support for international terrorism during the preceding 6-month period; and (ii) the Government of Cuba has provided assurances that it will not support acts of international terrorism in the future.”

U.S. Non-Designation of Cuba, 2016-2020.[7] From 2016 through the end of the Obama Administration in January 2017, the U.S. continued to not so designate Cuba as the U.S. and Cuba held several bilateral diplomatic meetings to discuss the many issues that had accumulated ever since the January 1, 1959, takeover of the Cuban government by the Cuban Revolution.

At  their May 2016 Law Enforcement Dialogue, the U.S. State Department said that “law enforcement is an area of mutual interest to both the U.S. and Cuba as we advance toward normalized relations. We anticipate that the dialogue will be productive, and an additional opportunity to reinforce the benefits of law enforcement cooperation. During the dialogue, the United States and Cuba will continue to discuss a wide range of areas of cooperation, including counterterrorism, counternarcotic, transnational crime, cybercrime, secure travel and trade, and fugitives.”

The framework for the dialogue was the May 2016 Memorandum of Understanding between the U.S. Department of Homeland Security and the Cuban Ministry of Interior. This MOU set the basis of cooperation in exchanging risk information for travelers, cargo or conveyances in international transit; the continuation of periodic, mutual, and reciprocal assessments regarding air, sea, and port security; and the coordination of transportation security, screening of cargo, travelers and baggage, and the design of secure, efficient inspection facilities at ports and airports, among other things.

The next month, June 2016,  the U.S. and Cuba met in Havana for their first Counterterrorism Technical Exchange. The State Department said, “Coordination and cooperation on counterterrorism has been one of several important topics discussed in law enforcement dialogues between the United States and Cuba. We welcome the opportunity to bring together technical experts to discuss this topic of common interest.” Afterwards, the Cuban Foreign Ministry said that the meeting was conducted with “respect and professionalism” and that “both parties agreed on the importance of progress in cooperation in this sphere and agreed to continue the meetings of technicians on the topic.”

During the last weeks of the Obama Administration in January 2017, the U.S. and Cuba signed the following four agreements:

  • Cuba Memorandum of Understanding on Law Enforcement “to cooperate in the fight against terrorism, drug trafficking, money laundering and other international criminal activities.”
  • Memorandum of Understanding to strengthen cooperation in the field of maritime and aeronautical search and rescue by enhancing effectiveness and efficiency in assisting persons in distress and to act in furtherance of obligations under international law.
  • U.S., Cuba and Mexico signed a treaty to set territorial limits in contested Gulf of Mexico waters. The treaty covers the Eastern Gap of the Gulf of Mexico, an area believed to be rich in oil and gas deposits. The three countries’ overlapping claims in the Eastern Gap had created what is known as a “Doughnut Hole.” Trilateral discussions begun in mid-2016 on the maritime territorial issue were concluded by the end of the year.
  • U.S. and Cuba memorandum of understanding to help prevent the introduction and spread of quarantine pests, animal and plant disease agents through the exchange of scientific information, best practices for the prevention and control of plagues and emerging diseases, collaborative scientific projects, including the use of technology, research and surveillance, and the holding of events on specific aspects of animal and plant health.

In addition, the Trump Administration for 2016, 2017, 2018, 2019 and 2020 did not designate Cuba as a “State Sponsor of Terrorism.”

U.S. Re-Designation of Cuba as “Sponsor,2021-22.[8] On January 11, 2021 (with only nine days left of the Trump Administration), U.S. Secretary of State Pompeo announced that Cuba was being re-designated as a “State Sponsor” to join Iran, North Korea and Syria. Here is what his statement said:

  • “The State Department has designated Cuba as a State Sponsor of Terrorism for repeatedly providing support for acts of international terrorism in granting safe harbor to terrorists.”
  • “The Trump Administration has been focused from the start on denying the Castro regime the resources it uses to oppress its people at home, and countering its malign interference in Venezuela and the rest of the Western Hemisphere.”
  • “With this action, we will once again hold Cuba’s government accountable and send a clear message: the Castro regime must end its support for international terrorism and subversion of U.S. justice.”
  • “For decades, the Cuban government has fed, housed, and provided medical care for murderers, bombmakers, and hijackers, while many Cubans go hungry, homeless, and without basic medicine.  Members of the National Liberation Army (ELN), a U.S.-designated Foreign Terrorist Organization, traveled to Havana to conduct peace talks with the Colombian government in 2017.  Citing peace negotiation protocols, Cuba has refused Colombia’s requests to extradite ten ELN leaders living in Havana after the group claimed responsibility for the January 2019 bombing of a Bogota police academy that killed 22 people and injured more than 87 others.”
  • “Cuba also harbors several U.S. fugitives from justice wanted on or convicted of charges of political violence, many of whom have resided in Cuba for decades.  For example, the Cuban regime has refused to return Joanne Chesimard, on the FBI’s Most Wanted Terrorists List for executing New Jersey State Trooper Werner Foerster in 1973; Ishmael LaBeet, convicted of killing eight people in the U.S. Virgin Islands in 1972; Charles Lee Hill, charged with killing New Mexico state policeman Robert Rosenbloom in 1971; and others.”
  • “Cuba returns to the SST list following its broken commitment to stop supporting terrorism as a condition of its removal by the previous administration in 2015.  On May 13, 2020, the State Department notified Congress that it had certified Cuba under Section 40A(a) of the Arms Export Control Act as “not cooperating fully” with U.S. counterterrorism efforts in 2019.”
  • “In addition to the support for international terrorism that is the basis for today’s action, the Cuban regime engages in a range of malign behavior across the region.  The Cuban intelligence and security apparatus has infiltrated Venezuela’s security and military forces, assisting Nicholas Maduro to maintain his stranglehold over his people while allowing terrorist organizations to operate.  The Cuban government’s support for FARC dissidents and the ELN continues beyond Cuba’s borders as well, and the regime’s support of Maduro has created a permissive environment for international terrorists to live and thrive within Venezuela.”
  • “Today’s designation subjects Cuba to sanctions that penalize persons and countries engaging in certain trade with Cuba, restricts U.S. foreign assistance, bans defense exports and sales, and imposes certain controls on exports of dual use items.”
  • “The United States will continue to support the Cuban people in their desire for a democratic government and respect for human rights, including freedom of religion, expression, and association.  Until these rights and freedoms are respected, we will continue to hold the regime accountable.”

So far in 2022, the U.S. has not taken any further action regarding this designation. However, at a July 21, 2022, press conference a journalist asked, “Is the administration’s position that Cuba still meets the legal requirements to be a state sponsor of terrorism?” The only response to that question came from  Ned Price, the Department’s spokesman, who said, “The fact pattern that led a previous administration to [so] designate Cuba . . . is in the public record.”

One year after the July 11, 2021 protests in Cuba, the United States recognizes the determination and courage of the Cuban people as they continue to fight for respect for human rights and persevere through repression during a historic year. We celebrate the Cuban people and commend their indomitable determination.

Conclusion

This blogger strongly favors a return to the Obama Administration’s pursuit of normalization of relations with Cuba as well as its rescinding the designation of Cuba as a “state sponsor of terrorism” and its support for abolishing the U.S. embargo. These opinions are further supported by the recent explosion of Cuba’s oil storage tanks and its being hit by Hurricane Ira as well as recognizing that Cuba is a much smaller country than the U.S. with much more limited military and security forces.

Comments from readers to correct or supplement any of the discussion or citations to the record of these complex issues would be appreciated.

================================

[1] White House, Background Press Call By Senior Administration Officials On New Cuba Policy (May  16, 2022).

[2] Sheridan & Chaoul, As Biden eases Trump’s sanctions, Cubans hope for an economic life, Wash. Post (June 2, 2022); Armario, Last year, Cubans took to the streets. Now they’re fleeing the island, Wash. Post (July 11, 2022); Isikoff, Former top Obama aide accuses Biden of ‘gaslighting’ Cuba: ‘Disappointed doesn’t begin to scratch the surface,’ Yahoo News (Sept. 14, 2022); Matanzas oil storage facility explosion, Wikipedia (Aug. 5, 2022); 17 missing, dozens hurt as fire rages in Cuban oil tank farm, MPRNews (Aug. 6, 2022); Fire at Cuban oil storage facility further exacerbated electricity shortages, wsws.org (Aug. 12, 2022); Cuba’s oil fire is contained—but the disaster has sparked U.S.-Cuba diplomatic flames, wusf news (Aug. 12, 2022); Finch, Residents in Cuba wake-up to waist-deep water after Ian makes landfall, Accuweather.com (Sept. 7, 2022); Last Minute, Hurricane Ian: the center leaves Cuban soil, but continues to hit with intense  winds, rains and strong swells, Diario de Cuba (Sept. 27, 2022); Byrne, Latest AccuWeather Eye Path forecast takes Ian’s landfall south of Tampa, Acuweather (Sept. 27, 2022); Live: the passage of Hurricane Ian through Cuba, Granma.com (Sept. 27, 2022); Cuba Foreign Ministry, The economic blockade against Cuba must end, (Sept. 7, 2022).

[3] United States embargo against Cuba, Wikipedia; UN General Assembly calls for US to end Cuba embargo for 29th consecutive year, UN News (June 23, 2021); U.N., Schedule of General Assembly Plenary and Related Meetings (Sept. 27, 2022). See also posts listed in the “U.S. Embargo” section of List of Posts to dwkcommentaries—Topical: Cuba (as of 5/4/20].

[4] See posts listed in “Cuba: State Sponsor of Terrorism?” section of List of Posts to dwkcommentaries: Topical—Cuba [as of 5/4/20].

[5] Ibid.

[6] See President Obama Rescinds U.S. Designation of Cuba as a “State Sponsor of Terrorism,” dwkcommentaries.com (April 15, 2015).

[7] Ibid.

[8] Crowley, Augustin & Semple, Pompeo Returns Cuba to Terrorism Sponsor List, Constraining Biden’s Plans, N.Y. Times (Jan. 11, 2021 & updated 2/15/21).

Memorial Service for Walter Mondale 

On May 1, 2022, a memorial service for Walter “Fritz” Mondale was held at the University of Minnesota’s Northrup Auditorium. He had died on April 19, 2021, but a service at that time was not possible because of the COVID-19 pandemic, and his son, Ted, said his father “didn’t want to lie in state; he didn’t want to be in Washington, he wanted to be here with you” because “you reflected what he would care about and who he is.”[1]

Remarks at the Service

Remarks at this service were provided by U.S. President Joe Biden, former U.S. Presidents Jimmy Carter, Bill Clinton and Barack Obama, Minnesota’s U.S. Senators Amy Klobuchar and Tina Smith, Minnesota Governor Tim Walz, former Minnesota Governor Arne Carlson, University of Minnesota President Joan Gabel, Larry Jacobs (the Walter F. and Joan Mondale Chair for Political Studies at the Humphrey School of Public Affairs, University of Minnesota), Jon Meacham (the Robert M. Rogers Chair in the American Presidency at Vanderbilt University), Josie Johnson (Minnesota civil rights icon), Rev. Tim Hart-Andersen (senior pastor at Mondale’s Minneapolis church, Westminster Presbyterian) and Mondale’s sons, Ted and William. (Some of these comments will be contained in subsequent posts.)

Similar comments were voiced by others in the Washington Post.[2]

The Song “Tomorrow”[3]

The song “Tomorrow” from the musical “Annie,” one of Mondale’s favorite songs, was sung at the memorial service by 14-year-old Lillian Hochman from Hopkins, Minnesota. She had met Mondale when she was in preschool with his granddaughter and subsequently joined her family for weekend breakfasts with Mondale while he followed her budding stage career with Minneapolis’ Children’s Theater Company. Although he was out of town when she performed in “Annie” in 2017, he told her that the show was his favorite.

Lillian is pretty sure she knows why this song was a favorite for Mondale. She said the title character in the show sings this song to President Franklin D. Roosevelt, promising that despite the Great Depression, “the sun’ll come out tomorrow.” The song is “really about bringing hope to a nation and to the president, which I think is one reason for it’s [being Mondale’s] favorite song and show.”

================================

[1] Bierschbach & Nelson, Leaders, family and friends remember “Fritz” Mondale, StarTribune (May 1, 2022); Vice President Walter F. Mondale ’56 Eulogized at Memorial Service at Northrup, University of Minnesota (May 1, 2022); Remarks by President Biden at the Memorial Service of Vice President Walter Mondale, White House (May 2, 2022); Baker, Biden Extols Mondale as ‘One of the Great Giants of American History,’ N.Y. Times (May 1, 2022); Regan & Viser, Biden pays tribute to friend and mentor Walter Mondale, Wash. Post (May 1, 2020); Mena, Biden Honors Walter Mondale at Memorial, W.S.J. (May 1, 2022); Klobuchar Delivers Remarks At Memorial Service for Former Vice President Walter Mondale (May 1, 2022); Excerpts from speeches and letters read at Walter Mondale’s memorial service, StarTribune (May 2, 2022); Read presidential historian Jon Mecham’s remarks at Walter Mondale’s memorial service, StarTribune (May 2, 2022).

[2] Mannes, Analysis: Her’s what Kamala Harris owes to Walter Mondale, Wash. Post (April 25, 2021); Balz, Mondale lost the presidency but permanently changed the office of vice presidency, Wash. Post (April 19, 2021); Tumulty, Opinion: Walter Mondale reinvented the vice presidency. Both Biden and Harris should thank him for it, Wash. Post (April 19, 2021).

[3] Hewitt, ‘Annie’ star sang tribute to family friend Walter Mondale at memorial, StarTribune (May 2, 2022).

 

 

 

 

Giving Thanks for Refugees and Other Immigrants 

On Thanksgiving Day 2020 I give thanks for the courage and fortitude of immigrants in my own family and of refugees and other immigrants in the U.S..

Personal Ancestral Immigrants

My earliest immigrant ancestor, to my knowledge, was William Brown (my seventh maternal great-grandfather), who left England as a young boy before 1686 to come to the Massachusetts Bay Colony, eventually settling in Leicester, MA, where he was one of its early settlers and officer of the town in various capacities. [1]

His grandson (my fifth maternal great-grandfather) was Perley Brown, who was born on May 23, 1737 in Leicester, MA, where later he was a Minuteman and then fought for the colonists in the American Revolutionary War at the Battle of Bunker Hill and was killed in the Battle of White Plains, NY under the command of General George Washington.[2]

My first maternal great-grandparents, Sven Peter Johnson and Johanna Christina Magnusson (Johnson), were born and married in Sweden and emigrated to the U.S. sometime before 1881, when their daughter (my maternal grandmother), Jennie Olivia Johnson (Brown), was born on February 28, 1881, in Ottumwa, Iowa.[3]

My paternal first great-grandfather, Johann N. Kroehnke (John Krohnke) was born on November 26, 1839 in Holstein, Prussia and emigrated to the U.S. circa 1867 and denounced Allegiance to the King of Prussia (William I?)  when he applied for U.S. citizenship in Davenport, Iowa on October 9, 1867 and received his U.S. naturalization papers on March 7, 1871. He settled in Benton County, Iowa, where he met Elizabeth Heyer, who was born October 13, 1847 in Krofdorf, Prussia?, but the dates of her arrival in the U.S. and obtaining U.S. citizenship are unknown. The two of them were married on December 26, 1871 in that same Iowa county. Thus, she is my first paternal great-grandmother. [4]

To determine whether there are additional immigrants in my family tree, I need the assistance of Henry Louis Gates, Jr.[5]

Refugees and Other Immigrants

I also give thanks for the courage and fortitude of the millions of refugees and other immigrants who have come to the U.S. and who have become U.S. citizens, a few of whom as a pro bono lawyer I helped obtain asylum as their first step for obtaining U.S. citizenship. I thank them for helping me learn about their personal histories and later introducing me to the moving experience of U.S. naturalization ceremonies, when they obtained their U.S. citizenship. (I also was the pro bono attorney for an Afghan man for his interview for U.S citizenship.)[6]

One such ceremony was in Minnesota in February 2016 when U.S. District Court Judge Donovan Frank before swearing in the new citizens, said, ““We are a better country now than we were five minutes ago. We are better with you than without you.”  The Judge  added that three of his five daughters were naturalized citizens.[7]

Ed Collins of Wilmington, Delaware recently wrote about his attending such a ceremony 35 years ago at San Francisco’s Masonic Temple at the invitation of a friend from college. Collins said he “was stunned upon arrival to see around 150 applicants and 300 or so friends and relatives in the auditorium. A judge led the ceremony supported by a military color guard and a small military band. The judge spoke eloquently about the duties of citizenship as well as its privileges. All joined in lustily singing a number of patriotic songs. Finally, the judge led the applicants in swearing allegiance to the U.S. and then pronounced them citizens of the U.S.”[8]

Collins added, “An amazing roar of cheering, applause, laughing and crying swept the room. I have never seen such a large display of emotion and total joy. That moment led me to understand the value that these good people placed on U.S. citizenship. I urge every American to attend a naturalization ceremony at least once. You won’t look upon U.S. citizenship the same way again, and you won’t take your citizenship for granted.”

Even more inspiring was the December 2015 naturalization ceremony at Washington, D.C.’s Rotunda of the National Archives Museum, where the original Constitution, Declaration of Independence and Bill of Rights are permanently displayed on the 224th anniversary of the ratification of the Bill of Rights. The welcome of the new citizens was given by President Obama. Here are some of his remarks that day:[9]

  • “To my fellow Americans, our newest citizens. You are men and women from more than 25 countries, from Brazil to Uganda, from Iraq to the Philippines.  You may come from teeming cities or rural villages.  You don’t look alike.  You don’t worship the same way.  But here, surrounded by the very documents whose values bind us together as one people, you’ve raised your hand and sworn a sacred oath.  I’m proud to be among the first to greet you as “my fellow Americans.”
  • “Just about every nation in the world, to some extent, admits immigrants.  But there’s something unique about America.  We don’t simply welcome new immigrants, we don’t simply welcome new arrivals — we are born of immigrants.  That is who we are.  Immigration is our origin story.  And for more than two centuries, it’s remained at the core of our national character; it’s our oldest tradition.  It’s who we are.  It’s part of what makes us exceptional.”
  • “And perhaps, like some of you, these new arrivals might have had some moments of doubt, wondering if they had made a mistake in leaving everything and everyone they ever knew behind.  So life in America was not always easy.  It wasn’t always easy for new immigrants.  Certainly it wasn’t easy for those of African heritage who had not come here voluntarily, and yet in their own way were immigrants themselves.  There was discrimination and hardship and poverty.  But, like you, they no doubt found inspiration in all those who had come before them.  And they were able to muster faith that, here in America, they might build a better life and give their children something more.”
  • “We can never say it often or loudly enough:  Immigrants and refugees revitalize and renew America.  Immigrants like you are more likely to start your own business.  Many of the Fortune 500 companies in this country were founded by immigrants or their children.  Many of the tech startups in Silicon Valley have at least one immigrant founder.”
  • “We celebrate this history, this heritage, as an immigrant nation.  And we are strong enough to acknowledge, as painful as it may be, that we haven’t always lived up to our own ideals.  We haven’t always lived up to these documents.”
  • “And the biggest irony of course is that those who betrayed these values were themselves the children of immigrants.  How quickly we forget.  One generation passes, two generation passes, and suddenly we don’t remember where we came from.  And we suggest that somehow there is ‘us’ and there is ‘them,’ not remembering we used to be ‘them.’”
  • “The truth is, being an American is hard.  Being part of a democratic government is hard.  Being a citizen is hard.  It is a challenge.  It’s supposed to be.  There’s no respite from our ideals.  All of us are called to live up to our expectations for ourselves — not just when it’s convenient, but when it’s inconvenient.  When it’s tough.  When we’re afraid.  The tension throughout our history between welcoming or rejecting the stranger, it’s about more than just immigration.  It’s about the meaning of America, what kind of country do we want to be.  It’s about the capacity of each generation to honor the creed as old as our founding:  “E Pluribus Unum” — that out of many, we are one.”
  • “That is what makes America great — not just the words on these founding documents, as precious and valuable as they are, but the progress that they’ve inspired.  If you ever wonder whether America is big enough to hold multitudes, strong enough to withstand the forces of change, brave enough to live up to our ideals even in times of trial, then look to the generations of ordinary citizens who have proven again and again that we are worthy of that.”
  • “That’s our great inheritance — what ordinary people have done to build this country and make these words live.  And it’s our generation’s task to follow their example in this journey — to keep building an America where no matter who we are or what we look like, or who we love or what we believe, we can make of our lives what we will.”
  • “You will not and should not forget your history and your past.  That adds to the richness of American life.  But you are now American.  You’ve got obligations as citizens.  And I’m absolutely confident you will meet them.  You’ll set a good example for all of us, because you know how precious this thing is.  It’s not something to take for granted.  It’s something to cherish and to fight for.”
  • “Thank you.  May God bless you.  May God bless the United States of America.”

Conclusion

Given the recent frequent negative comments about immigrants, especially in the rural areas of the U.S., it would be instructive to have such naturalization ceremonies broadcast live in all parts of the states where they occur. Another source of information and inspiration for all current U.S.  citizens is the recent widespread statements of governors justifying their support for resettlement of refugees in their states. [10]

Pope Francis also provides a religious justification for welcoming, protecting, promoting and integrating refugees and other immigrants.[11]

=====================================

[1] Carol W. Brown, William Brown: English Immigrant of Hatfield and Leicester, Massachusetts and His Descendants, c. 1669-1994, at 1-4 (Gateway Press, Baltimore, MD 1994).

[2] Id. at 17-27.  See also these posts to dwkcommentaries: Watertown, Massachusetts, 238 Years Ago (April 20, 2013); The American Revolutionary War’s Siege of Boston, April 19, 1775-March 17, 1776 (July 27, 2012); The American Revolutionary War’s Battle of Bunker Hill, June 17, 1775 (July 30, 2012); The American Revolutionary War’s Campaign for New York and New Jersey, March 1776-January 1777 (Aug. 13, 2012); The American Revolutionary War’s Battle of Brooklyn (Long Island), August 1776 (Oct. 8, 2012); The American Revolutionary War: The Battle of Harlem Heights, New York, September 1776 (Oct. 10, 2012); The American Revolutionary War: The Battle of White Plains, October 1776 (Oct. 12, 2012). George Edwin Brown and Jennie Olivia Johnson Brown, dwkcommentaries.com (Mar. 17, 2013); n.1 supra at 267.

[4] Hansen, The Heyers From Krofdorf to Keystone at 9, 19 (Amundsen Publishing Co., Decorah, IA 1977).

[5] Finding Your Roots with Henry Louis Gates, Jr., PBS.org.

[6] Becoming a Pro Bono Asylum Lawyer, dwkcommentaries.com (May 24, 2011).

[7] See these posts to dwkcommentaries.com: Naturalized U.S. Citizens: Important Contributors to U.S. Culture and Economy (June 7, 2015); Minnesota Welcomes New Citizens (June 8, 2015); Another U.S. Citizenship Naturalization Ceremony (Feb. 18, 2016).

[8] Collins, Letter: A U.S. Naturalization Ceremony to Remember, W.S.J. (Nov. 23, 2020). Collins was prompted to write his article by reading another about a recent naturalization ceremony attended by Wall Street Journal columnist Jo Craven McGinty. (McGinty, More Green Card Holders Are Becoming U.S. Citizens, W.S.J. (Nov. 13, 2020).)

[9] President Obama Welcomes New U.S. Citizens with Inspiring Challenge, dwkcommentaries.com (Dec. 16, 2015)(contains full text of Obama’s speech).

[10] See these posts to dwkcommentaries.com: U.S. State and Local Governments’ Justifications for Consenting to Resettlement of Refugees (December 31, 2019); Five More States Have Consented to Refugee Resettlement (Jan.7, 2020); U.S. State Governments Celebrate Refugees’ Accomplishments (Feb. 2, 2020).

[11] Pope Francis Reminds Us to Welcome, Protect, Promote and Integrate Refugees and Other Migrants, dwkcommentaries.com (Jan. 1, 2020).

 

 

George Floyd’s Family Sues City of Minneapolis and Four Ex-Officers Involved in His Death      

On July 15, attorneys for the family of George Floyd (by their trustee Kaarin Nelson Schaffer, a Minnesota attorney and resident of Hennepin County) sued the City of Minneapolis and the four ex-police officers involved in Floyd’s death—Derek Chauvin, Tou Thao, Thomas Lane and J. Alexander Kueng.[1]

Here we will review the public announcement of the case by the lead plaintiff’s lawyer, Ben Crump, the names of the other 11 plaintiff’s attorneys and the background of U.S. District Judge Susan Richard Nelson, who will preside over this case.

The 40-page Complaint has three counts. “Count I—42 U.S.C. §1983—Fourth Amendment Violations” is asserted against the four ex-policemen while counts II and III are against the City of Minneapolis: “Count II– 42 U.S.C. §1983—Monell Liability” and “Count III–42 U.S.C. §1983—Canton Liability.” A subsequent post will dive into the details of these counts.[2]

Attorney Crump’s Statement

“This is a crisis in Black America — a public health crisis. While all of America is dealing with the public health crisis of the coronavirus pandemic, Black America has to deal with another public health pandemic of police brutality. This is a teachable moment for America.”

In addition to the misconduct for the four ex-policmen, the lawsuit alleges that local officials “with deliberate indifference” have failed to correct the police department’s dangerous arrest practices and train officers properly in the use of force.

“This complaint shows what we have said all along, that it was not just the knee of officer Derek Chauvin on George Floyd’s neck. But it was the knee of the entire Minneapolis Police Department on the neck of George Floyd that killed him. The City of Minneapolis has a history of policies, procedures and deliberate indifference that violates the rights of arrestees, particularly Black men, and highlights the need for officer training and discipline.”

While not specifying how much the family will seek in compensation, Crump said, “This is an unprecedented case, and with this lawsuit we seek to set a precedent that makes it financially prohibitive for police to wrongfully kill marginalized people — especially Black people — in the future.” In short, the case is “the tipping point for policing in America.”

Crump said that how the city leaders react to the demands put forth by the Floyd family lawyers will have consequences. “Their political legacy will be defined by how they respond,” he said.

Other attorneys for the Floyd family, Antonio M. Romanaucci and L. Chris Stewart, also spoke . Ms. Stewart said,  “The Floyd family deserves justice for the inhumane way in which officers with the Minneapolis Police Department killed Mr. Floyd. The city has a responsibility to acknowledge the history and practices of excessive force and impunity with its police force, as well as shortfalls in officer training and discipline.”

Plaintiffs’ Lawyers[3]

The following two Minnesota attorneys are on the Complaint for the plaintiff: Jeffrey S. Storms of the law firm of Newmark Storms Dworak LLC and Michelle R. Gilboe of the law firm of Lewis Brisbois Bisgaard & Smith LLP. In addition, there are the following ten other attorneys for the plaintiff who are not Minnesota attorneys and, therefore, will have to be permitted to participate in this case (pro hac vice) by the Court:

  • Ben Crump of the Ben Crump Law firm of Washington, D.C.
  • Antonio M. Romanaucci, Bhavani Raveendran and Nicolette A. Ward of the Chicago law firm of Romanucci & Blandin, LLC.
  • William Pintas and Laura Mullins of the Chicago firm of Pintas and Mullins Law Firm;
  • Devon M. Jacob of the Jacob Litigation, Inc. firm of Mechanicsburg, PA;
  • Chris Stewart and Justin Miller of the Stewart Trial Attorneys firm of Atlanta, GA; and
  • Scott Masterson of the Minneapolis firm of Lewis Brisbois Bisgaard & Smith, LLP.

Judge Susan Richard Nelson[4]

The case was randomly assigned by the Clerk of Court to the 68 year-old District Judge Susan Richard Nelson, who served as U.S. Magistrate Judge for the District of Minnesota, by appointment of the Court’s judges, June 12, 2000, until she was confirmed as a U.S. District Judge of that court on December 22, 2010, upon recommendation of U.S. Senator Amy Klobuchar, nomination by President Barack Obama and unanimous confirmation by the U.S. Senate. She obtained her B.A. degree with high honors from Oberlin College and her J.D. degree from the University of Pittsburgh Law School. Her initial professional employment was with a Pittsburgh law firm (1977-80) and a New Haven, Connecticut law firm (1980-1983). In 1984 she moved to Minnesota and joined the Minneapolis law firm of Robins, Kaplan, Miller & Ciresi as an associate (1984-88) and then was promoted to partner (1988), where she served until she became a U.S. Magistrate Judge. At the Robins firm, her practice focused on civil trial practice involving complex product liability and mass tort lawsuits.

Conclusion

 After subsequent posts that will examine the details of the three counts of the Complaint, we will await to see what attorneys will be representing the defendants, any potential motions attacking the complaint and the rigors of pretrial discovery (requests for production of documents and responses, written interrogatories and responses, requests for admissions and responses and oral depositions) followed by any possible motions for summary judgment and decisions thereon. Then the case would move to trial. Of course, settlements are always a possibility at any point during this complex (and expensive) process.

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[1] Reuters, George Floyd’s Family Sues Minneapolis and Four Officers Over His Death, N.Y. Times (July 15, 2020); Assoc. Press, Floyd Family Sues Minneapolis Officers Charged in His Death, N.Y. Times (July 15, 2020); Bailey, George Floyd’s family files wrongful-death lawsuit against City of Minneapolis and former officers, Wash. Post (July 15, 2020); Furst & Walsh, George Floyd family sues city of Minneapolis, officers involved citing ‘reckless disregard’ of civil rights, StarTribune (July 15, 2020); Treisman, George Floyd’s Family Files Civil Lawsuit Against Minneapolis And Police, Lawyers Say, MPR News (July 15, 2020); Attorney Ben Crump To File Civil Rights Lawsuit For Floyd’s Family, CBS Minnesota (July 15, 2020) (video of much of Crump’s statement).

[2] Complaint, Schaffer v. Chauvin, Case No, 0.20-cv-01577-SRN-TNL (D. Minn. July 15, 2020). Read the lawsuit filed by family of George Floyd against Minneapolis, four ex-police officers, StarTribune (July 15, 2020).

[3] Complaint at 38-40.

[4] Susan Richard Nelson, Wikipedia; Off the Cuff with Judge Susan Richard Nelson, The Oberlin Review (July 15, 2020).

Washington Post Endorses Court Injunction Against Trump’s Consent Requirements for Refugee Resettlement

On January 15, the U.S. District Court for the District of Maryland issued a preliminary injunction banning enforcement of President Trump’s executive order requiring state and local governments to consent to refugee resettlement. Later that same day the President through his Press Secretary released a bombastic criticism of that decision that was rebutted by the court’s opinion, which he obviously had not read. [1]

Now the Washington Post with an editorial joins the chorus of support for the court’s decision.[2]

According to the editorial, “there are excellent reasons” for not requiring such consents.

”First among them is that his executive order— in effect an invitation for Americans to turn away prospective neighbors who might look, sound or think different — reinforces and encourages the most exclusionary, divisive, intolerant faults in America’s social fabric. By doing so, it diminishes the country, not least in the eyes of a world that has long looked to the United States as a leader of humanitarian causes such as resettling the planet’s most desperate people.”

Second, the court’s opinion “offered a lucid explanation of why it is unlikely to pass legal or constitutional muster. [The judge] cited a raft of precedents, including by the Supreme Court, reserving for the federal government — not states, let alone localities — the exclusive power to admit or deny immigrants. He also demonstrated that the president’s stance flies in the face of Congress’s intent when it established the current refugee system, in 1980, and subsequently.”

“That law provides what it calls ‘comprehensive and uniform provisions’ to resettle and provide for refugees admitted after rigorous screening by U.S. agencies, a process that takes about two years. It establishes a system of consultation between federal and local officials designed to ensure a smoothly functioning system. Nowhere does it grant states and localities a veto; in fact, in amending the law to provide for more consultation, in 1986, the House Judiciary Committee noted in a report that it did not intend to grant states and localities any veto.”

“Mindful of the legislation, Justice Department lawyers, tasked with defending the president’s order, tried to pretend it did not amount to a veto for states and localities; rather, they said, it was meant only to ‘enhance the consultation.’ The judge rightly labeled that ‘Orwellian Newspeak.’”

“Mr. Trump’s move was an appeal to the nation’s worst instincts. Most Americans didn’t bite. Ahead of a deadline on Tuesday, at least 42 governors and scores of localities, including many with large Republican majorities, have announced they would accept refugees. Only Texas Gov. Greg Abbott (R) so far has declined; the judge’s decision denies him that power.”

“That won’t stop Mr. Trump from eviscerating the refu­gee program; he’s already slashed the annual limit on resettlements to 18,000, down from the 110,000 President Barack Obama announced in his last year in office. The open arms of most states and localities do send a convincing message, though — that Americans are not as fearful, hostile and small-minded as Mr. Trump evidently believes.”

Conclusion

Now is the time for other newspapers and citizens to join the chorus of objections to this president’s scurrilous attacks on refugees and to promulgate and honor the moral and religious obligation to welcome, protect, promote and integrate refugees and other immigrants. [3]

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[1] Court: Trump’s Illegal Consent Procedure for Refugee Resettlement, dwkcommentaries.com (Jan. 16, 2020); President Trump’s Unjust Criticism of Court’s Enjoining the Consent Procedure for Refugee Resettlement, dwkcommentaries.com (Jan. 18, 2020).

[2] Editorial, Trump invited states and localities to bar refugees. Judge says he can’t do that, Wash. Post (Jan. 19, 2020).

[3] Pope Francis Reminds Us To Welcome, Protect, Promote and Integrate Refugees and Immigrants, dwkcommentaries.com (Jan. 1, 2020).

 

Dwindling Hope in Cuba    

Five years ago, on December 17, 2014, U.S. President Obama and Cuba President Raúl Castro simultaneously announced that their two countries had embarked on a process of normalization and reconciliation that continued through the rest of Obama’s presidency that ended on January 20, 2017. [1] President Trump, however, has halted that process and in fact has adopted many hostile policies regarding the island.

On the fifth anniversary of the Obama/Castro announcement, journalists from the Associated Press walked through Havana to ask Cubans how they felt about the current conditions on the island. Overall, the journalists said, “it feels almost as if that historic moment never happened.. . . Now, the two years of detente under Obama feel like a temporary break in a long history of tension and struggle that has no end in sight.”[2]

“The Cuban economy is stagnant, with tourism numbers flat and aid from Venezuela far below its historic peak as Cuba’s oil-rich chief ally fights through its own long crisis.”[3]

Antoin Ugartez, a 42-year-old father of three who rents a three-wheeled covered scooter known as a Cocotaxi from a state-run agency, said the post-Trump decline in tourism had hit him hard. Detente, he said, “was a great step forward for Cuban society. Things developed and you started to see different perspectives, a different vision of economic improvement for your family, the conditions you live in.” Now, he said, “I barely make enough to put food on the table.”

On December 16, 2019 (the day before the fifth anniversary), Cuba’s Foreign Ministry’s General Director for U.S. Affairs, Fernández de Cossio, said, “There are powerful people today in the U.S. government that want to increasingly apply hostile measures and sever our bilateral relationship. If that were to be the case, we are ready to face that reality, but it is not what the people of Cuba want and not what the government of Cuba is seeking.”[4]

In an apparent response to this Cuban comment, an anonymous State Department official said, “”While there are no plans to break off diplomatic ties at this time, one thing that has clearly reached a low point is the Castro regime’s abuses of its own people. In addition, the regime is spreading its totalitarian repression to other countries in the region.”

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[1] U.S. and Cuba Embark on Reconciliation, dwkcommentaries.com (Dec.  21, 2014).

[2] Assoc. Press, 5 Years After Detent With US, Cubans Say Hope Has Dwindled, N.Y. times (Dec. 17, 2019).

[3]  On December 12, 2019, the Cuban government announced that foreign visitors for the year were only slightly more than four million versus predictions of more than five million. Taxi drivers, classic car tours, private bed and breakfasts, restaurants and other private businesses dependent on foreign visitors have been especially suffering with this lower number. (Assoc. Press, Cuba Tourists Barely Pass 4 Million, in Disappointing Result, N.Y. Times (Dec. 12, 2019).)

[4]  Reuters, Cuba Says It Is Prepared if U.S. Chooses to Sever Diplomatic Ties, N.Y. Times (Dec. 16, 2019).

 

No Mention of Cuba in New U.S. Report on Terrorism

On November 1, 2019, the U.S. State Department released its latest annual report on terrorism in the world, this for calendar 2018.  It had no mention of Cuba. [1]

For the calendar years, 1981-2014, such reports listed Cuba as a “state sponsor of terrorism.” But the report for 2014 also stated, “on April 14, 2015, President Obama submitted to Congress the statutorily required report and certifications indicating the Administration’s intent to rescind Cuba’s State Sponsor of Terrorism designation, including the certification that Cuba has not provided any support for international terrorism during the previous six-months; and that Cuba has provided assurances that it will not support acts of international terrorism in the future. The required 45-day Congressional pre-notification period expired, and the Secretary of State made the final decision to rescind Cuba’s designation as a State Sponsor of Terrorism, effective on May 29, 2015.” [2]

Thereafter in the annual reports for 2015, 2016, 2017 and now 2018, Cuba was eliminated from this category. Moreover, for 2016, 2017 and now 2018 there was no mention of Cuba at all. [3]

At the press briefing on the report for 2016, a  journalist asked whether then Secretary of State Rex Tillerson himself had made the decision not to put Cuba back on the list of state sponsors since at his Senate confirmation hearing he had testified that he “wanted to examine the criteria under which Cuba was removed from the list” for the year 2014. [4]

At that briefing, a  State Department official responded: “Cuba was removed, and there is no requirement within the report for an individual chapter on every single country around the world. We produce chapters in the Country Reports based upon material, frankly, to include in the report. So it was assessed that there was not sufficient information there to provide a report this year on Cuba, but it was removed from the state sponsor list previously.”

The continued non-inclusion of Cuba as a “state sponsor of terrorism” in this latest report, in this blogger’s opinion, is the proper conclusion and perhaps a sign that the Trump Administration’s rhetoric about Cuba is louder and stronger than its bite. This also is good news in light of calls by some this year for re-designating Cuba as such a “sponsor.”[5]

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[1] State Dep’t, Country Reports on Terrorism 2018 (Nov. 1, 2019)

[2] State Dep’t, Country Reports on Terrorism 2014

[3] State Dep’t, Country Reports on Terrorism 2015 (June 2, 2016); U.S. State Dep’t, Country Reports on Terrorism 2016 (July 19, 2017); U.S. State Dep’t, Press Release: State Department Releases Country Reports on Terrorism 2016 (July 19, 2017); U.S. State Dep’t, Press Briefing: Acting Coordinator for Counterterrorism Justin Siberell on the Release of Country Reports on Terrorism 2016 (July 19, 2017); State Dep’t, Country Reports on Terrorism 2017 (Sept. 19, 2018).

[4] Welsh, State Department drops Cuba entirely from annual detail of terrorist activity, McClatchy (July 19, 2017); No Mention of Cuba in U.S. State Department’s Latest Report on Terrorism, dwkcommentareis.com (July 22, 2017).

[5]  U.S. Considering Re-Designating Cuba as “State Sponsor of Terrorism,” dwkcommentaries.com (Jan. 26, 2019);Congressmen Reiterate Call for Re-Designation of Cuba as “State Sponsor of Terrorism,” dwkcommentaries.com (Aug. 21, 2019).

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The Many Skills of an Orchestra’s Music Director

A recent attendance of a rehearsal of the Minnesota Orchestra highlighted for this amateur music-lover the many skills required of an accomplished music director of  a major symphony orchestra. The Minnesota Orchestra’s Osmo Vanskä is such a music director [1] Below is his photograph while conducting.

First, he or she needs to have a thorough knowledge of the wealth of orchestral works in order to help plan an orchestra’s season.

Second, for a specific concert, the music director needs to be intimately familiar with the works on that concert’s program and retrieve or develop how he or she will interpret and conduct each piece, including facial and body movements.

Third, he or she must be able to communicate verbally (in English, for the Minnesota Orchestra) what he wants from each section of the Orchestra. This should be done with all humility and graciousness. At the rehearsal I attended, Vanskä said,”Thank you,” to the Orchestra at the completion of the rehearsal of one of the pieces for the upcoming concerts.

Fourth, at the performance of the pieces at a concert, he or she must be able to have a “stage presence” and bring all of this together for the audience’s enjoyment. When I have attended this orchestra’s concerts, I always have been amazed at Vanskä’s ability by facial and arm gestures and, I assume, by facial expressions I cannot see from the audience, to lead the orchestra in marvelous performances.

The work I heard for 75 minutes of the rehearsal was Tapiola (19 minutes concert performance time) by Jean Sibelius. This is a tone poem capturing the beauty, mystery and magic of the Scandinavian forest and portraying Tapio, the animating forest spirit mentioned throughout the Kalevala, a Finnish epic poem. In the score Sibelius added this preface: “Widespread they stand, the Northland’s dusky forests, Ancient, mysterious, brooding savage dreams; Within them dwells the forest’s mighty God, And wood-sprites in the gloom weave magic secrets.” [2]

It must be mentioned that Finnish-born Vanskä is“renowned internationally for his compelling interpretations of the standard, contemporary and Nordic repertoires and  has led the Orchestra on five major European tours, as well as an August 2018 visit to London’s BBC Proms, and on historic tours to Cuba in 2015 and South Africa in 2018.  In addition, he has led the Orchestra in its award-winning recordings of the complete Sibelius and Beethoven symphonies and the upcoming completion of the recording of the 10 symphonies of Mahler.

As someone who has been on three church mission trips to Cuba and is a close follower and commentator on the U.S. pursuit of normalizing relations with Cuba under President Obama and the unfortunate retreat from those policies by the Trump Administration, I especially was thrilled by the Orchestra’s trip to the island in 2015. [3]   I similarly was thrilled by the Orchestra’s trip to South Africa in 2018, especially after I had seen and heard Mandela at a special program in London’s Westminster Hall in 2001 and by also having visited Cape Town and Robben Island.[4]

Vanskä started his professional musical career as a clarinetist. I fondly recall his beautiful performance of Mozart’s Clarinet Concerto at a benefit concert for displaced Syrians that was organized by some of the Orchestra’s musicians.[5]

In December 2018, the Orchestra announced that Vanskä, now 65 years old,  will leave the Orchestra when his current contract expires in 2022. He said, “I feel at this moment, more than ever in my life, that the Minnesota Orchestra is my own orchestra. And that’s a great feeling. What we have achieved, especially since the lockout, is something very special.”[6]

I join the many Orchestra listeners and patrons in saying he will be sorely missed and difficult to replace.

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[1] Suggestions of other skills of music directors are invited from those who know more about orchestras.

[2] Minn. Orchestra, Program (April 25-27, 2019).

[3] See these posts to dwkcommentaries.com: List of Posts to dwkcommentaries—Topical: CUBAMinnesota Orchestra To Go to Cuba (February 13, 2015); Minnesota Orchestra Goes to Cuba This Week! (May 11, 2015); Minnesota Orchestra’s Trip to Cuba Garners National Recognition (Dec. 17, 2016).

[4]  See List of Posts to dwcommentaries—Topical—South Africa & Mandela. See also these posts to dwkcommentaries.com: Minnesota Orchestra Celebrates the Life of Nelson Mandela ((July 24, 2018); Minnesota Orchestra’s “Celebrating Mandela at 100” Concert (July 29, 2018); Inspirations for Minnesota Orchestra’s South African Tour (Aug. 14, 2018); Minnesota Orchestra’s Concert in South Africa (Cape Town), (Aug. 15, 2018); Minnesota Orchestra’s Other Activities in Cape Town, South Africa (Aug. 16, 2018); Minnesota Orchestra in South Africa (Durban), (Aug. 18, 2018); Minnesota Orchestra in South Africa (Pretoria), (Aug. 20, 2018); Minnesota Orchestra in South Africa (Soweto), (Aug. 24, 2018); Minnesota Singer’s Celebration of Minnesota Orchestra’s Concert in Soweto, (Aug. 29, 2018); Minnesota Orchestra in South Africa (Johannesburg), (Aug. 25, 2018). See also Celebrating the Rhodes Scholarships’ Centennial, (June 21,, 2003); Nelson Mandela Makes Connection with Cecil Rhodes (May 20, 2018). Minnesota Public Television  (tpt) has produced a television program about the Orchestra’s South African tour: Music for Mandela: Minnesota Orchestra in South Africa.The first showing of this program is May 5, 2019, 10:00 p.m. (CDT) on tpt’s Twin Cities station (Channel 2).

[5] Successful Benefit Concert for Displaced Syrians, dwkcommentaries.com (Jan. 7, 2016).

[6] Ross, Conductor Osmo Vanskä to exit Minnesota Orchestra when contract expires, StarTribune (Dec. 8, 2018).