Guantánamo: Trump’s Order Re-Ignites Controversy

President Trump on January 30 issued an executive order regarding the prison at Guantánamo, Cuba entitled the “Presidential Executive Order on Protecting American Through Lawful Detention of Terrorists.” It stated, ion part, ““Detention operations at U.S. Naval Station Guantánamo Bay shall continue to be conducted consistent with all applicable United States and international law, including the Detainee Treatment Act of 2005” and the U.S. “may transport additional detainees to U.S. Naval Station Guantánamo Bay when lawful and necessary to protect the Nation.” [1]

Shortly thereafter in his State of the Union Address the President announced this action with an additional  ad-libbed remark: “”in many cases terrorism detainees who are captured in the future will now be sent there.”

However, also after the speech, State and Pentagon officials said there were no plans to send new detainees to Guantanamo, a continuation of the practice for nearly the last 10 years.  And John Bellinger, a legal adviser in the Bush White House, said he thought that, given past failures, there would be institutional resistance to refilling the camp. “I  suspect the Departments of Defense, Justice and State would oppose sending new detainees to Guantánamo.”

This action has re-ignited controversy over the U.S. prison at the eastern end  of the island of Cuba in addition to those criticisms mentioned in the prior post.[2]

                                                     Re-Ignited Controversy

According to Robert M. Chesney, a law professor at the University of Texas, Austin who on the U.S. Justice Department detention policy task force in 2009, “Nothing in the new executive order changes the various legal and policy obstacles that help explain why no one was brought there in 2017.” Those obstacles are the Islamic State, transfers and the military commissions trial system at the prison.

  1. Is the U.S. at war with Islamic State detainees?

The legal basis for detention of al-Qaeda and Taliban fighters in the prison is the Authorization for Use of Military Force (AUMF) Act that was enacted imIslamic mediately after the 9/11 attacks for military action against the perpetrators of those attacks.

But it is at best unclear, and at worst illegitimate, to claim that AUMF covers Islamic State or ISIS fighters. Thus, transferring any of these individuals to Guantánamo runs the risk of a U.S. federal court ruling that such transfers and detentions are illegal.

This legal risk could be eliminated if Congress passed a new law specifically authorizing the use of U.S. military force against ISIS of the Islamic State, but is it safe to assume Congress would do so.

2. Would the U.S. have legal authority to transfer Islamic State detainees from Guantánamo?

Although the new Executive Order says that Guantánamo detainees may be transferred to the U.S. for trial in U.S. federal courts, there are existing federal statues that forbid such transfers.

Again Congress could pass new laws abolishing those restrictions, but is it safe to assume Congress would do so.

3. Are the military commissions at Guantánamo effective ?

Professor Chesney observes that this system “has floundered in practice, with contested cases bogging down in years of pretrial hearings.” Indeed, President Trump himself this last November acknowledged this problem when he explained why he had decided token the New York truck-attack suspect in the civilian criminal justice system instead of transferring him to Guantánamo.

4. Is the operation of the Guantánamo prison too expensive?

According to the most recently available government figures, Guantanamo cost $445 million to run in fiscal year 2015—making its current costs about $11 million per inmate.

By contrast, the average cost per inmate in the federal prison system was $31,620, the federal Bureau of Prisons said in a 2016 filing.

5. Is the Guantánamo prison a tainted symbol that fuels anti-Americanism?

Indeed, the prison is such a symbol and enhances anti-American sentiment throughout the world. This was a major reason for a Washington Post editorial condemning the Trump executive order. Said the Post, the prison has “incited a storm of international criticism, handed a recruitment tool to al-Qaeda.” This cost of the prison, the Post adds,  is exacerbated by the “hopelessly bogged down” military commissions at the prison in contrast to the over 600 convictions in terrorism cases in U.S. federal courts since 2001.

Mark Fallon, a former chief investigator of the Defense Department’s Criminal Investigation Task Force, said, even if no more prisoners are sent there, Trump’s announcement itself had already caused damage. “Globally [Guantánamo] symbolizes injustice, oppression and torture. And so when you see the president out there talking about expanding upon it, I’m just afraid that that it puts our troops in greater danger overseas and it jeopardizes our national security.”


[2] President Trump’s Unsound Action Regarding the U.S. Prison at Guantánamo Bay, Cuba, (Jan. 31, 2018).

[2] Savage. Ordering Guantánamo to Stay Open Is One Thing, But Refilling It Is Another, N.Y. Times (Jan. 31, 2018); Editorial, Trump says he wants to refill Guantánamo. Bad Idea, Wash. Post (Feb. 1, 2018); Schwartz & Lubold, Trump’s Guantaanamo Move Keeps Prison and Detainees n Limbo, W.S.J. (Feb. 1, 2018);Borger & Smith, Guantánamo: Bush-era officials warn keeping prison open may be $6bn error, Guardian (Feb. 1, 2018).

President Trump’s Unsound Action Regarding the U.S. Prison at Guantanamo Bay, Cuba    

On January 30, just before leaving the White House for his State of the Union Address at the Capitol, President Donald Trump signed an executive order regarding the U.S. prison at Guantánamo Bay, Cuba.

The Guantanamo Bay Executive Order[1]

The Executive Order entitled “Presidential Executive Order on Protecting American Through Lawful Detention of Terrorists” started with these Findings:

  • “Consistent with long-standing law of war principles and applicable law, the United States may detain certain persons captured in connection with an armed conflict for the duration of the conflict” and that since 9/11 the U.S. “remains engaged in an armed conflict with al-Qa’ida, the Taliban, and associated forces, including the Islamic State of Iraq and Syria.” (Section 1(a), (b).)
  • “The detention operations at the U.S. Naval Station Guantánamo Bay are legal, safe, humane, and conducted consistent with United States and international law.” (Section 1(c ).) “Those operations are continuing given that a number of the remaining individuals at the detention facility are being prosecuted in military commissions, while others must be detained to protect against continuing, significant threats to the security of the United States, as determined by periodic reviews.” (Section 1(d).)

The Order than addressed the Status of Detention Facilities at U.S. Naval Station Guantánamo Bay. After revoking President Obama’s January 22, 2009, executive order ordering the closure of those facilities (Section 2(a)),  it stated, “Detention operations at U.S. Naval Station Guantánamo Bay shall continue to be conducted consistent with all applicable United States and international law, including the Detainee Treatment Act of 2005” and the U.S. “may transport additional detainees to U.S. Naval Station Guantánamo Bay when lawful and necessary to protect the Nation.” (Section 2 (b), (c))

The Order also directed certain government officials to “recommend policies to the President regarding the disposition of individuals captured in connection with an armed conflict, including policies governing transfer of individuals to U.S. Naval Station Guantánamo Bay.” (Section 2 (d).)

There, however, were modest concessions to the plight of the detainees and other interests. It states, the detainees “shall [be] subject to the [previously established] procedures for periodic review . . . to determine whether continued law of war detention is necessary to protect against a significant threat to the security of the United States” (Section 2(e)); the order shall not “prevent the Secretary of Defense from transferring any individual away from the U.S. Naval Station Guantánamo Bay when appropriate, including to effectuate an order affecting the disposition of that individual issued by a court or competent tribunal of the United States having lawful jurisdiction” (Section 3(a); the order shall not “affect existing law or authorities relating to the detention of United States citizens, lawful permanent residents of the United States, or any persons who are captured or arrested in the United States” (Section 3(b); and the order shall not “prevent the Attorney General from, as appropriate, investigating, detaining, and prosecuting a terrorist subject to the criminal laws and jurisdiction of the United States” (Section 3 (c ).

The State of the Union Address[2]

The President announced that he had “just signed an order directing Secretary Mattis to reexamine our military detention policy and to keep open the detention facilities at Guantánamo Bay. I am also asking the Congress to ensure that, in the fight against ISIS and al-Qa’ida, we continue to have all necessary power to detain terrorists — wherever we chase them down.”

He also said, “My Administration has also imposed tough sanctions on the communist and socialist dictatorships in Cuba and Venezuela.”


Roger Cohen, a New York Times columnist, said the prison at Guantanamo Bay “is widely viewed around the world as a facility incompatible with the American principles of fair trial, human rights and the rule of law.” Moreover, this decision “will be seen by many as a signal of an American return to the excesses of the war on terror — the use of torture, extraordinary renditions and C.I.A ‘black sites.’”[3]

Admiral Dennis Blair, the former Director of National Intelligence, said Cohen, once testified to Congress that the “detention center at Guantánamo has become a damaging symbol to the world and that it must be closed. It is a rallying cry for terrorist recruitment and harmful to our national security, so closing it is important for our national security.”

The Center for Constitutional Rights (CCR) stated, “Trump’s planned executive order is not the last word on the fate of Guantánamo, any more than his attempted Muslim bans and arbitrary transgender military ban—struck down by the courts—were the last word on those matters. CCR has filed a new legal challenge to the illegality and racism driving Trump’s Guantánamo policy and demanding detainees’ release. It is the courts, not the authoritarian-in-chief, that will ultimately determine the fate of the men detained at Guantánamo.”[4]

The just mentioned CCR action on behalf of 11 Guantánamo detainees was filed on January 11, 2018, in the U.S. District Court for the District of Columbia. It alleges that Trump’s proclamation against releasing anyone from Guantánamo, regardless of their circumstances is arbitrary and unlawful and amounts to “perpetual detention for detention’s sake.”  This move was supported by Muslim, Faith-Based and Civil Rights Community Organizations.[5] On January 18, the court ordered the federal government to provide information about its Guantánamo policy.[6]

The New York Times in an editorial supported this challenge to the continued detention of individuals at the U.S. prison in Cuba. The editorial stated, “the men make a straightforward case for their release. The Supreme Court has ruled that prisoners at Guantánamo must have a “meaningful opportunity” to challenge the legal and factual grounds for their detention, which means that the federal courts have the power to review those claims and grant any appropriate relief. If the Constitution stands for anything, the plaintiffs argue . . ., it must stand for the proposition that the government cannot detain someone for 16 years without charge.”[7]


The U.S. prison at Guantánamo Bay has long been a major source of legitimate complaints against the U.S. and should be closed as soon as possible, not potentially expanded as this Executive Order would permit. In addition, this prison provides Cuba with its strongest argument that the U.S. has breached its 1905 lease of the site of the prison from Cuba.[8]


[1] White House, Presidential Executive Order on Protecting American Through Lawful Detention of Terrorists (Jan. 30, 2018).

[2]   White House, President Donald J. Trump’s State of the Union Address (Jan. 30, 2018).

[3] Cohen, Trump’s Volk and Vaterland, N.Y. Times (Jan. 31, 2018).


[4] Center for Const’l Rts, Guantánamo Attorneys blast Trump “Keep Gitmo Open” Order (Jan. 30, 2018).

[5]  Brief of Amici Curiae Muslim, Faith-Based, and Civil Rights Community Organizations in Support of Petitioners’’ Motion for Order Granting Writ of Habeas Corpus, Awad al Bihani v. Trump, Case No, 1:09-cv-00745-RCL (D.D.C. Jan. 22,  2018).

[6] Center Const’l Rts, Court Orders Government to Clarify Guantánamo Policy, Attorneys React (Jan. 18, 2018); Order, Awad al Bihani v. Trump, Case No, 1:09-cv-00745-RCL (D.D.C.J an. 18, 2018).

[7] Editorial, Donald Trump vs. Guantánamo’s Forever Prisoners, N.Y. Times (Jan. 16, 2018).

[8]  See these posts to Resolution of Issues Regarding Cuba Lease of Guantánamo Bay (April 4, 2015); Resolution of U.S. and Cuba’s Damage Claims  (April 6, 2016); Does Cuba Have the Right To Terminate the U.S. Lease of Guantánamo Bay? (April 26, 2015)


State Department Creates Cuba Internet Task  Force and Suspends Enforcement of Statutory Liability for Trafficking in Certain Cuban Expropriated Property 

This week the U.S. State Department has taken two actions regarding Cuba: (1) creation of the Cuba Internet Task Force and (2) granting another six-month extension of the right of U.S. persons to sue traffickers in U.S. property that was expropriated by the Cuban government.

U.S.’ Cuba Internet Task Force.

On January 23, the U.S. Department of State issued a terse announcement that it “is convening a Cuba Internet Task Force composed of U.S. government and non-governmental representatives to promote the free and unregulated flow of information in Cuba. The task force will examine the technological challenges and opportunities for expanding internet access and independent media in Cuba.” The announcement also stated that the first public meeting of the Task force would be on February 7.[1]

This action was pursuant to President Trump’s June 16, 2017’s National Security Presidential Memorandum on Strengthening the Policy of the United States Toward Cuba that he dramatically signed at a public meeting in the Little Havana district of Miami, Florida. The purpose of that document was to announce various policies “to promote a stable, prosperous, and free country for the Cuban people. . . . [to] channel funds toward the Cuban people and away from a regime that has failed to meet the most basic requirements of a free and just society [and to condemn abuses by the Cuban regime]. . . . [The] Administration will continue to evaluate its policies so as to improve human rights, encourage the rule of law, foster free markets and free enterprise, and promote democracy in Cuba.” (Section 1)[2]

More specifically Section 2 (d) of that Presidential Memorandum stated that the U.S. was to “Amplify efforts to support the Cuban people through the expansion of internet services, free press, free enterprise, free association, and lawful travel.”

The creation of the Task Force was criticized by Michael Bustamante, an assistant professor of Latin American history at Florida International University. He said, “By casting the issue of internet access in an explicitly political frame, it will only create greater obstacles for those U.S. telecom companies that have made inroads toward partnerships with the Cuban side. Measures like these strengthen the hand of those in Cuba for whom the prospect (and reality) of external meddling justifies maximum caution with respect to internal reform.”

Cuba immediately registered strong objections to the creation of this Task Force with good reason.[3]

Granma, the official newspaper of the Communist Party of Cuba, said, “In the past phrases like promoting “’freedom of speech’ and ‘expanding access to the internet in Cuba’ have been used by Washington as a pretext for schemes to destabilize the country using new technologies.”

One of Granma’s journalists, Sergio Gómez, declared, “If the administration of President Donald Trump intends to use new technologies to impose changes in the internal order of Cuba, he chose very old roads that have already demonstrated their ineffectiveness, without mentioning the obvious fact that they violate the laws of the affected country. even those of the United States.” Moreover, the “terrain chosen for the new aggression, Internet, clearly demonstrates what the true objectives of Washington are when it demands ‘ree access’  to the network in the countries that oppose it, while in its territory it maintains a tracking system and accumulation of data about what citizens do on the web.”

Gómez also asserted that the U.S. “shows a clear pattern of the use of social networks and the internet with objectives geopolitical and domination. All part of a doctrine of unconventional war designed to destabilize nations without the direct use of military forces, which has taken root after the failures in the conflicts in Iraq and Afghanistan.”

In another article, Gómez added details about Cuba’s expanded Internet access apparently to reject the implicit premise of the U.S. announcement that Cuba was continuing to suffer from lack of such access. Gomez said, “Cuba, by sovereign decision and to the extent of its economic possibilities, is increasing the access of its citizens to the network of networks. According to information provided by specialist Rosa Miriam Alizada, ‘2017 will be remembered as the boom in the expansion of access to the network in our country, with 40% of Cubans connected to the Internet, 37% more than in 2010, and for the naturalization of the internet connection in urban spaces from one end of the island to the other.’”

Another Cuban journalist with a Doctorate in Political Science from the University of Havana, Randy Alfonso Falcón, reported this was not the first time the U.S. had attempted to use the Internet regarding Cuba. On February 14, 2006, then Secretary of State Condoleezza Rice created the Global Internet Freedom Task Force for “maximizing freedom of expression and free flow of information and ideas, especially in Cuba, Iran and China. The author also asserts that this general strategy was continued in the Obama administration.

Therefore, Falcón believes, “In the face of US action In the Cuban digital public space, our response cannot be merely defensive. We must look forward with a scientifically based vision that mobilizes responses and alternatives from Cuba to the extraordinary ideological and cultural confrontation that arises. Take by assault, from the knowledge, the tools of the new colonizers, build ours and endow them with symbols and emancipating essences.”

Suspension of Right To Sue Over Trafficking in Expropriated Property[4]

On January 24, the day after the creation of the Task Force, the State Department announced that once again it was suspending for six months the right to bring a legal action under Title III of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (a/k/a the Helms-Burton Law).

That Title III in section 302 states, “any person that . . . traffics in property which was confiscated by the Cuban Government on or after January 1, 1959, shall be liable to any United States national who owns the claim to such property for money damages.”

Since its adoption in 1996, however, Title III has been suspended for consecutive six-month periods by orders of Presidents Bill Clinton, George W. Bush, Barack Obama and now Donald Trump. These suspensions have been made to avoid risking the alienation of U.S. setting legal precedents that contradict other principles of U.S. or international law and opening the door to a potential flood of claims.

John Kavulich, president of the United States-Cuba Economic and Trade Council, said last year that this clause could be “used as a surgical tool to pressure” governments and foreign companies to encourage the Government of Cuba to resolve the 5,913 certified claims that there is in the United States ,” for a total amount of $1.9 billion (with interest).

As previous posts have explained, Cuba recognizes its obligation under international law to pay reasonable compensation for expropriation of property owned by foreigners and in fact has done so for claimants from other countries. Thus, Cuba has conceded the major premise of any I.S. claim for damages for expropriation. In addition, this blog has suggested that the dispute over compensation for expropriation of property owned by Americans be submitted for resolution by an international arbitration tribunal. Presumably the only issue that might be disputed is the value of the property at the time of the expropriation and the amount of interest thereon.[5]


U.S. citizens who support U.S.-Cuba normalization now must see who is appointed to the Cuba Internet Task Force and what it proposes to do. For this blogger, the Task force is based on the erroneous premise that the U.S. may and should unilaterally decide what Internet facilities and access another country should have and unilaterally provide such facilities and technology.  Instead, the U.S. should seek to negotiate bilateral agreements with other countries to cooperate on such issues.


[1] U.S. State Dep’t, Creation of the Cuba Internet Task Force (Jan. 23, 2018); Reuters, State Department creates Cuba Internet Task Force (Jan.23, 2018); Torres, Trump administration wants to expand internet access in Cuba, Miami Herald (Ja. 23, 2018).

[2] President Trump Announces Reversal of Some U.S.-Cuba Normalization Policies, (June 19, 2017).   Surprisingly this Presidential Memorandum is no longer available on the White House website.

[3] Washington creates Internet Task Force to promote subversion in Cuba, Granma (Jan. 24, 2018); Gomez, The United States takes up failed policies towards Cuba, Granma (Jan. 23, 2018); Gomez, United States creates a new Task Force on the Internet for subversion in Cuba, Granma (Jan. 24, 2018).  See also posts cited in the “U.S. Democracy Promotion in Cuba” section of List of Posts to the List of Posts to—Topical: CUBA.

[4]  U.S. State Dep’t, United States Determination of Six Months’ Suspension Under Title III of Libertad (Jan. 24, 2018); Provision that allows Cuban Americans to sue for confiscated property in Cuba is suspended, Miami Herald (Jan. 24, 2018); Trump suspends for another six months the clause of the Helms Burton that allows expropriation lawsuits, Diario de Cuba (Jan. 24, 2018); Falcón, The US strategy for Cuba in the digital public space, CubaDebate (Jan, 24, 208).

[5]  See Resolution of U.S. and Cuba’s Damage Claims, (April 6, 2015); Resolving U.S. and Cuba Damage Claims, (Dec. 13, 2015).



Senator Jeff Flake Condemns President Trump’s “Fake News” Tirades

On January 17, Senator Jeff Flake delivered another speech on the Senate floor that lambasted President Donald Trump, this time for his “fake news” tweets and comments.[1] This speech was a sequel to the Senator’s October 24, 2017, speech and Washington Post article rejecting the President’s character and actions.[2] Here is a photograph of the Senator giving the speech.

Senator Flake’s Speech

Near “the beginning of the document that made us free, our Declaration of Independence, Thomas Jefferson wrote: “We hold these truths to be self-evident…” So, from our very beginnings, our freedom has been predicated on truth. The founders were visionary in this regard, understanding well that good faith and shared facts between the governed and the government would be the very basis of this ongoing idea of America.”

“As the distinguished former member of this body, Daniel Patrick Moynihan of New York, famously said: ]Everyone is entitled to his own opinion, but not to his own facts.” During the past year, I am alarmed to say that Senator Moynihan’s proposition has likely been tested more severely than at any time in our history.”

“It is for that reason that I rise today, to talk about the truth, and its relationship to democracy. For without truth, and a principled fidelity to truth and to shared facts, . . . our democracy will not last.”

“2017 was a year which saw the truth – objective, empirical, evidence-based truth — more battered and abused than any other in the history of our country, at the hands of the most powerful figure in our government. It was a year which saw the White House enshrine ‘alternative facts’ into the American lexicon, as justification for what used to be known simply as good old-fashioned falsehoods. It was the year in which an unrelenting daily assault on the constitutionally-protected free press was launched by that same White House, an assault that is as unprecedented as it is unwarranted. ‘The enemy of the people,’ was what the president of the United States called the free press in 2017.”

It “is a testament to the condition of our democracy that our own president uses words infamously spoken by Josef Stalin to describe his enemies. It bears noting that so fraught with malice was the phrase ‘enemy of the people,’ that even Nikita Khrushchev forbade its use, telling the Soviet Communist Party that the phrase had been introduced by Stalin for the purpose of ‘annihilating such individuals’ who disagreed with the supreme leader.”

“This alone should be a source of great shame for us in this body, especially for those of us in the president’s party. For they are shameful, repulsive statements. And, of course, the president has it precisely backward – despotism is the enemy of the people. The free press is the despot’s enemy, which makes the free press the guardian of democracy. When a figure in power reflexively calls any press that doesn’t suit him ‘fake news,’ it is that person who should be the figure of suspicion, not the press.”

“I dare say that anyone who has the privilege and awesome responsibility to serve in this chamber knows that these reflexive slurs of ‘fake news’ are dubious, at best. Those of us who travel overseas, especially to war zones and other troubled areas around the globe, encounter members of U.S. based media who risk their lives, and sometimes lose their lives, reporting on the truth.  To dismiss their work as fake news is an affront to their commitment and their sacrifice.”

According to the International Federation of Journalists, 80 journalists were killed in 2017, and a new report from the Committee to Protect Journalists documents that the number of journalists imprisoned around the world has reached 262, which is a new record. This total includes 21 reporters who are being held on ‘false news” ‘charges.”

So “powerful is the presidency that the damage done by the sustained attack on the truth will not be confined to the president’s time in office.  Here in America, we do not pay obeisance to the powerful – in fact, we question the powerful most ardently – to do so is our birthright and a requirement of our citizenship — and so, we know well that no matter how powerful, no president will ever have dominion over objective reality.”

“No politician will ever get to tell us what the truth is and is not. And anyone who presumes to try to attack or manipulate the truth to his own purposes should be made to realize the mistake and be held to account. That is our job here. And that is just as Madison, Hamilton, and Jay would have it.”

“Of course, a major difference between politicians and the free press is that the press usually corrects itself when it gets something wrong. Politicians don’t.”

“No longer can we compound attacks on truth with our silent acquiescence. No longer can we turn a blind eye or a deaf ear to these assaults on our institutions. . . .  An “American president who cannot take criticism – who must constantly deflect and distort and distract – who must find someone else to blame — is charting a very dangerous path. And a Congress that fails to act as a check on the president adds to the danger.”

“Now, we are told via twitter that today the president intends to announce his choice for the ‘most corrupt and dishonest’ media awards. It beggars belief that an American president would engage in such a spectacle. But here we are.”

“And so, 2018 must be the year in which the truth takes a stand against power that would weaken it. In this effort, the choice is quite simple. And in this effort, the truth needs as many allies as possible. Together, my colleagues, we are powerful. Together, we have it within us to turn back these attacks, right these wrongs, repair this damage, restore reverence for our institutions, and prevent further moral vandalism.”

“Together, united in the purpose to do our jobs under the Constitution, without regard to party or party loyalty, let us resolve to be allies of the truth — and not partners in its destruction.”

“It is not my purpose here to inventory all of the official untruths of the past year. But a brief survey is in order. Some untruths are trivial – such as the bizarre contention regarding the crowd size at last year’s inaugural.”

?But many untruths are not at all trivial – such as the seminal untruth of the president’s political career – the oft-repeated conspiracy about the birthplace of President Obama. Also not trivial are the equally pernicious fantasies about rigged elections and massive voter fraud, which are as destructive as they are inaccurate – to the effort to undermine confidence in the federal courts, federal law enforcement, the intelligence community and the free press, to perhaps the most vexing untruth of all – the supposed “hoax” at the heart of special counsel Robert Mueller’s Russia investigation.”

“To be very clear, to call the Russia matter a ‘hoax’ – as the president has many times – is a falsehood. We know that the attacks orchestrated by the Russian government during the election were real and constitute a grave threat to both American sovereignty and to our national security.  It is in the interest of every American to get to the bottom of this matter, wherever the investigation leads.”

“Ignoring or denying the truth about hostile Russian intentions toward the United States leaves us vulnerable to further attacks. We are told by our intelligence agencies that those attacks are ongoing, yet it has recently been reported that there has not been a single cabinet-level meeting regarding Russian interference and how to defend America against these attacks. Not one. What might seem like a casual and routine untruth – so casual and routine that it has by now become the white noise of Washington – is in fact a serious lapse in the defense of our country.”

The impulses underlying the dissemination of such untruths are not benign. They have the effect of eroding trust in our vital institutions and conditioning the public to no longer trust them. The destructive effect of this kind of behavior on our democracy cannot be overstated.”

Every “word that a president utters projects American values around the world. The values of free expression and a reverence for the free press have been our global hallmark, for it is our ability to freely air the truth that keeps our government honest and keeps a people free. Between the mighty and the modest, truth is the great leveler. And so, respect for freedom of the press has always been one of our most important exports. . . . “

“This feedback loop [from foreign leaders] is disgraceful. . . . Not only has the past year seen an American president borrow despotic language to refer to the free press, but it seems he has in turn inspired dictators and authoritarians with his own language. This is reprehensible.”

“We are not in a ‘fake news’ era, , , , We are, rather, in an era in which the authoritarian impulse is reasserting itself, to challenge free people and free societies, everywhere.”

“In our own country, from the trivial to the truly dangerous, it is the range and regularity of the untruths we see that should be cause for profound alarm, and spur to action. Add to that the by-now predictable habit of calling true things false, and false things true, and we have a recipe for disaster.  As George Orwell warned, ‘The further a society drifts from the truth, the more it will hate those who speak it.’”

“Any of us who have spent time in public life have endured news coverage we felt was jaded or unfair. But in our positions, to employ even idle threats to use laws or regulations to stifle criticism is corrosive to our democratic institutions. Simply put: it is the press’s obligation to uncover the truth about power. It is the people’s right to criticize their government. And it is our job to take it.”

“What is the goal of laying siege to the truth? President John F. Kennedy, in a stirring speech on the 20th anniversary of the Voice of America, was eloquent in answer to that question:

  • ‘We are not afraid to entrust the American people with unpleasant facts, foreign ideas, alien philosophies, and competitive values. For a nation that is afraid to let its people judge the truth and falsehood in an open market is a nation that is afraid of its people.’”

The “question of why the truth is now under such assault may well be for historians to determine. But for those who cherish American constitutional democracy, what matters is the effect on America and her people and her standing in an increasingly unstable world — made all the more unstable by these very fabrications. What matters is the daily disassembling of our democratic institutions.”

“We are a mature democracy – it is well past time that we stop excusing or ignoring – or worse, endorsing — these attacks on the truth. For if we compromise the truth for the sake of our politics, we are lost.” 

“I will close by borrowing the words of an early adherent to my faith that I find has special resonance at this moment. His name was John Jacques, and as a young missionary in England he contemplated the question: “’What is truth’” His search was expressed in poetry and ultimately in a hymn that I grew up with, titled ‘Oh Say, What is Truth. It ends as follows:

  • ‘Then say, what is truth? ‘Tis the last and the first,

For the limits of time it steps o’er.

Tho the heavens depart and the earth’s fountains burst.

Truth, the sum of existence, will weather the worst,

Eternal… unchanged… evermore.’”


The same day as Senator Flake’s speech, Arizona’s other Republican Senator, John McCain, published an op-ed article in the Washington Post with similar criticisms of President Trump.[3] This commentary reminded us of McCain’s criticism of Congress’ ignoring regular procedures over the so-called “repeal and replace” Obama Care bill when McCain killed the bill with his negative vote.[4]

President Trump’s response to these criticisms first came from his Press Secretary, Sarah Sanders, who said, Senator Flake was “not criticizing the president because he’s against oppression. He’s criticizing the president because he has terrible poll numbers and he is, I think, looking for some attention.” Note the ad hominem response and refusal to grapple with the merits.

Later that night the President on Twitter also ignored the substance of these criticisms when he  announced his “fake news” awards to CNN (four times); The New York Times (two times); and ABC, The Washington Post, Time and Newsweek (one time each).[5]

All of these comments reminded me of the struggle between the Washington Post and the Nixon White House over the publication of the Pentagon Papers and the work that is involved in publishing real news, all of which is skillfully portrayed in the current movie, “The Post.”

I commend Senators Flake and McCain for standing up for true American values in their criticisms of the President.


[1] Press Release, Flake: Reflexive “Fake News” Claims Not Good For Democracy (Jan. 16, 2018)

[2] Senator Jeff Flake’s Courageous Defense of American Values and Democracy, (Nov. 6, 2017),

[3]  McCain, Mr. President, stop attacking the press, Wash. Post (Jan. 17, 2018); Sullivan, Arizona’s GOP Senators Assail Trump for His Attacks on the Press, N.Y. Times (Jan. 17, 2018); Reuters, U.S. Senators Rip Trump Over His Attacks on the Media, N.Y. Times (Jan. 17, 2018).

[4] McCain Floor Statement on Need for Bipartisanship (July 25, 2017)

[5] Flegenheimer & Grynbaum, Trump Hands Out ‘Fake News Awards,’ Sans the Red Carpet, N.Y. Times (Jan. 17, 2018).


Cuba and the European Union Strengthen Their Relationship

In early January, Federica Mogherini, the  High Representative of the European Union (EU) for Foreign Affairs and Security Policy, conducted an official visit to Cuba to celebrate and solidify the EU’s relationship with Cuba. The visit included her Magisterial  Lecture at the San Gerónimo School in Havana; meetings with President Raúl Castro, Foreign Minister Bruno Rodriguez and other Cuban officials; and a concluding press conference.[1]

This visit followed the two parties December 12, 2016, signing of the Political Dialogue and Cooperation Agreement and its July 5, 2017, ratification by the European Parliament and the entry into effect of most of its provisions on November 1, 2017. [2] Its main chapters concern the following:

  • Political dialogue, addressing issues, such as human rights, small arms and disarmament, migration, drugs, fight against terrorism and sustainable development;
  • Cooperation and sector policy dialogue, including areas, such as human rights, governance, civil society, social and economic development, environment as well as regional cooperation;
  • Trade and trade cooperation, dealing with principles of international trade and covering cooperation on customs, trade facilitation, technical norms and standards, sustainable trade and investment.

Magisterial Lecture: “The EU and Latin America”[3]


Mogherini at San Gerónimo School 

Agreement approved in December 2016 : “With the new political dialogue agreement, we have the opportunity to elevate our relations to a level that truly represents the close historical, economic and cultural ties that unite Europe with Cuba. This agreement opens new opportunities to increase our trade, our investments and to promote common solutions to global challenges such as migration, the fight against terrorism, nuclear disarmament and climate change. One example is the new cooperation program to promote the use of renewable energies that we are going to start with Cuba, especially in rural and isolated areas.

Move forward with Cuba: “Even in the most difficult moments of our common history, European and Cuban citizens have never turned their backs on each other. There are so many things that unite us, so many common values, that’s why we know well that the best way to accompany the updating of Cuba’s system is with commitment and dialogue. We want to continue moving forward with Cuba and work for a better future. ”

Strong rejection of the U.S. embargo (blockade) : “The blockade is not the solution. We have said this to our American friends many times and we have affirmed it repeatedly in the United Nations. The only effect of the blockade is to worsen the quality of life of Cuban women, men and children. The blockade is obsolete, illegal and the EU will continue working to put an end to it.”

Influence of Cuba and the EU in the world: “Experiences teach us that if the European Union and Cuba work together we can have a positive influence around the world. Together we have worked in favor of peace in Colombia, in the fight against Ebola in Africa, in the Paris Agreement on Climate Change and in pursuit of achieving the sustainable development goals of the United Nations and the 2030 Agenda. ”

Response to Hurricane Irma:  “The assistance and support of the Cuban government to the victims of the hurricane were effective and professional, evacuating almost two million inhabitants to protect their lives. Europeans have contributed a humanitarian package to support the Caribbean countries, including nine million euros. We are facilitating monetary aid to contribute with shelter, food and tools to repair houses in the most affected areas of Cuba such as Villa Clara, Ciego de Ávila, Sancti Spíritus and Camagüey. With these resources we are also helping to recover affected agricultural areas.”

Strengthen the Cuba-EU dialogue on human rights: “We are working to formalize the dialogue between Cuba and Europe on human rights, which began in 2015. Although there are some differences in our respective positions, the openness and willingness to dialogue are always present.”

Common objectives: “The EU and Cuba may be geographically distant, but we have many things in common, not all, but many. We both believe in international collaboration and solidarity, we believe in the power of mediation and dialogue to solve all types of disputes. We believe that the only alternative to the current international disorder is a more cooperative, fairer and more united world order based on multilateralism and the United Nations system. We believe that sustainable development is the great challenge of this century and that the fight against inequalities throughout the world has a direct effect on our own security.”

The Cuban people have not and will not be alone in facing “those who want to build walls and close doors. Regardless of the changes in policy in Washington, the message I am bringing here is that Cuba’s friendship and relationship with the EU is here to stay. It’s solid, it’s stable and it’s reliable.”

Press Conference[4]

Mogherini opened by referring to the EU-Cuba”agreement of political dialogue and cooperation, which is the first legal agreement ever signed between the parties. We have raised our relationships to a new level. The EU is already the first commercial partner, the first investor, and the first partner for the development of Cuba. This agreement now opens new opportunities to increase our trade, our investments, and to promote solutions to global challenges such as immigration and climate change.”

“We will soon sign a new cooperation program for the use of renewable energies worth 18mn (Euros), another for sustainable agriculture of 21 million (Euros), and we will increase and expand the program of cultural exchanges and experts for 10 million (Euros).”

On February 28 in Brussels she and Foreign Minister Rodriguez will preside over the first joint council to discuss how we can further advance our cooperation in concrete projects.

“We are also working to formalize the dialogue between the EU and Cuba on human rights, a dialogue that we maintain in more than 40 countries. Our dialogue with Cuba on human rights began in 2015, and since then, this dialogue has allowed us to address the human rights situation both in Europe and in Cuba. There are differences in our respective visions, but openness and willingness to dialogue are always present within mutual respect.”

“We also have  agreed to intensify our cooperation in the area of ​​culture, in particular in 2018 the European Year of Cultural Heritage and with a view to the year 2019 when the 500th anniversary of the city of Havana will be celebrated. Our participation as a European Union is also planned at the book fair and there will be a new edition of the European film festival in June.”

Mogherini said that the EU is a “predictable and solid” partner that can help Cuba manage a political transition and slow, halting economic opening.”We are consistent and we do not have unpredictability in our policies, or sudden shifts,” in an obvious reference to President Trump’s reversal of some elements of President Barack Obama’s opening with Cuba.

The EU has a consolidated opposition to the U.S. embargo (blockade) of Cuba. “The foreign policy priorities and orientations of the EU are autonomous, independent. They are decided in Brussels by the 28 Member States, with the participation of the European Parliament that has supported the finalization of the agreement we have now with Cuba, and we follow our path.”

“We regret that the current U.S. administration has apparently changed policy towards Cuba. We are convinced – as we were one year ago and as we were two years ago, that it is in our European interest; it is in the Cuban interest and it is in the international interest at large, to have relations, to discuss issues of disagreement and to deepen and extend cooperation or partnership on issues that are of mutual interest. For instance, I mentioned climate change, migration which are issues on which the Sustainable Development Goals, the ONE agenda, on which we believe the European Union and Cuba can work well together and we remain convinced of that.”

“A delegation from the European Investment Bank is going to visit Cuba at the end of January to explore possibilities for working together.”

“The world is appreciating, in this moment, the value of having the EU as a solid, reliable, predictable partner. We have differences, but you can always know what to expect from the EU. We are consistent, we do not have unpredictability in our policies or sudden shifts.  The process we have launched two years ago of discussing, negotiating an agreement, was leading in a very solid manner to the signature of the agreement, the provisional entry into force of the agreement, the proceeding of ratifications. The might take time to decide but once it is decided it’s solid and there is no element of unpredictability.”


Mogherini expressed what every reasonable person should desire in every relationship, personal and international. The Trump Administration  hostile actions and rhetoric against Cuba has provided opportunities for the EU and other nations to expand their connections and relationship with Cuba comes at the expense of the U.S. economic and national interest.


[1] Reuters, European Union Diplomat Visits Cuba to Strengthen Ties, N.Y. Times (Jan. 3, 2018); EU is interested in increasing economic operations with Cuba, says Mogherini, CubaDebate (Jan. 3, 2018); High representative of the European Union today begins an official visit to Cuba, Cubadebate (Jan. 3, 2018); Mogherini says the EU wants to strengthen economic and business cooperation with Havana, Diario de Cuba (Jan. 3, 2018); Concepción & Pérez, Federica Mogherini in Cuba: “The real strength lies in dialogue and cooperation,” CubaDebate (Jan. 3, 2018); Raúl receives European High Representative for Foreign Affairs and Security Policy, Granma (Jan. 5, 2018); Raúl received Federica Mogherini, CubaDebate (Jan. 4, 2018); Bruno Rodríguez Parrilla receives High Representative of the European Union (+ Video), CubaDebate (Jan. 4, 2018).

[2] EU, EU-Cuba relations, factsheet Previous posts about the EU-Cuba relationship are listed in the “Cuba & Other Countries” section of List of Posts to dwkcommentaries—Topical: CUBA.

[3] Mogherini: the blockade is not the solution, Granma (Jan. 4, 2018); Federica Mogherini in Cuba: “the real strength lies in dialogue and cooperation,” CubaDebate (Jan. 3, 2018).

[4] Reuters, EU Presents Itself as Ally of Cuba in Face of US Hostility, N.Y. Times (Jan. 4, 2018); Remarks by High Representative/Vice President Federica Mogherini at the press conference during her visit to Cuba, EU External Action (Jan. 4, 2018); Mogherini: The EU has become Havana’s main trading partner, Diario de Cuba (Jan. 5, 2018); Federica Mogherini: “Cuba and the European Union have raised their relations to a new level,” CubaDebate (Jan. 4, 2018).



Professor LeoGrande’s Comments on the Strengthening Cuba-Russian Relationship    

A prior post discussed President Trump’s hostility towards Cuba as providing greater opportunities for Russia’s enhancing its relationship with Cuba. Now American University Professor William LeoGrande, a noted scholar about Cuba, placed the recent expansion of Cuba-Russia economic deals in a broader perspective.[1]

He says their rapprochement began in 2000 “when Putin “succeeded Boris Yeltsin as Russian president and began rebuilding Russia’s global influence by repairing relations with traditional allies.” The first step was “Putin’s 2000 trip to Havana, which resulted in expanded trade deals. . . . That was followed by Raul Castro’s 2009 visit to Moscow during which the two governments signed 33 cooperative agreements, including $354 million in credits and aid for Havana.“

Five years later, observes LeoGrande, “in July 2014, Putin visited the island again and agreed to forgive 90 percent of Cuba’s $32 billion in Soviet-era debt, with the remainder to be retired through debt-equity swaps linked to Russian investments. By the time Raul Castro returned to Moscow in 2015, Russia had signed agreements to invest in airport construction, the development of the Mariel port and metallurgy and oil exploration, and had also agreed to lend Cuba 1.2 billion euros—about $1.36 billion at the time—to develop thermal energy plants.”

In another pre-Trump deal, “in September 2016, Russia announced a new package of commercial agreements in which it will finance $4 billion in development projects focusing on energy and infrastructure, and Cuba will begin exporting pharmaceuticals to Russia.”

Beyond these expanded economic ties, LeoGrande emphasizes, “As Putin tries to restore Russia’s status as a global power, Cuba is an attractive partner right at the doorstep of the [U.S.]. A Russian presence in Cuba is a reminder to Washington that Moscow will respond in kind to the expansion of U.S. influence into Russia’s ‘near abroad’ in places like Ukraine. For Cuba, a closer relationship with Moscow serves as a counterweight to Washington’s renewed hostility under President Donald Trump.”

“Both Havana and Moscow refer to their relationship as a ‘strategic partnership’ that has diplomatic and military components. Diplomatically, Cuba supports Moscow’s positions on Ukraine, Syria and NATO expansion. Militarily, Russia is refurbishing and replacing Cuba’s aging Soviet-era armaments. Russian naval vessels visit Cuban ports, and Russia reportedly wants to establish a new military base on the island.”

The major obstacle to a more robust Cuba-Russia relationship is Cuba’s persistent lack of funds due to few goods for export and its dependence on tourism, remittances  and export of medical services to try to make up the difference.


LeoGrande’s comments re-emphasize for this blogger the utter stupidity from the standpoint of U.S. national security and economic interests of the Trump Administration’s hostile rhetoric and actions regarding Cuba. The same lesson should also be evident from the European Union’s strengthening ties with Cuba symbolized by the visit to the island starting today by the EU’s High Representative for Foreign Affairs and Security Policy, Federica Mogherini, that will be discussed in a future post.


[1] LeoGrande, Cuba Looks More to Russia as the Prospects for Better U.S. Ties Fade Under Trump, World Politics Review (Jan. 2, 2018).

Senator Rubio Takes Credit for More Hostile U.S. Policies Regarding Cuba 

On December 22, Senator Marco Rubio (Rep., FL) released a “summary of his 2017 accomplishments.”[1]

Second on this list was “Shaping U.S. Policy Toward Cuba.” It stated, “Rubio worked closely with President Trump and his Administration to develop a new U.S. policy toward Cuba that rolls back the Obama Administration’s one-sided concessions to the Castro regime, and instead works to economically and politically empower private Cuban citizens and entrepreneurs.”

The hyperlinked article for Rubio’s working closely with President Trump was written in Politico by Marc Caputo, formerly of the Miami Herald.[2] It asserts that on May 5 Rubio along with his fellow Miami Republican and Cuban-American, Representative Mario Diaz-Balart, met at the White House with President Trump, Secretary of State Rex Tillerson, National Security Adviser H.R. McMaster, then White House Chief of Staff Reince Priebus and Advisor Jared Kushner. Rubio and Diaz-Balart warned the President not to rely upon career service people in the State and Treasury Departments because they did not favor abandoning President Obama’s policy of normalization with the island. Instead, it was suggested, the President himself and his close advisors should develop the new policy themselves.

Trump immediately accepted the suggestion and McMaster volunteered to implement the decision to change U.S. policy towards Cuba, which was announced in the President’s speech in Miami on June 16  and formalized in the National Security Presidential Memorandum on Strengthening the Policy of the United States Toward Cuba, which he signed immediately after the speech.[3]

This blogger already has expressed his opposition to this reversal of U.S. policy and rhetoric regarding Cuba and suggested instead on overturning the new ban on individual person-to-person travel and emphasizing the ban’s adverse impact on Cuba’s emerging entrepreneurs while continuing to advocate for implementation of other normalization measures.[4]

Although Rubio is a Cuban-American, he has never lived there or even visited the island. Thus, he is subject to legitimate criticism for having a distorted view of what U.S. policy should be. Addressing this glaring gap in his knowledge, a group of Cuban businesswomen have invited him to visit Cuba to learn about Cuba, the island’s emerging private sector and the adverse impact on those new businesses from the U.S. policies advocated by the Senator and President Trump. The Senator, however, has not accepted the invitation or even acknowledged this graceful gesture by the women.[5]

The Senator also could learn from Living Waters for the World, a project of the Synod of Living Waters of the Presbyterian Church (U.S.A.) that has installed nearly 900 clean water systems in 25 countries, including nearly 50 in Cuba. A recent U.S. volunteer group visited 10 such clean water sites in Cuba and said there was a sense of God whispering, “Pay attention, I have something important to show you—our inherent connectedness. Clearly, God does extraordinary things when we reach beyond our boundaries to know, be with, and pay attention to our brothers and sisters in Christ.”[6]


[1] Press Release: Rubio Highlights 2017 Accomplishments (Dec. 22, 2017).

[2] Caputo, Inside Marco Rubio’s campaign to shape Trump’s Cuba crackdown, Politico (June 15, 2017).

[3] See these posts to President Trump Announces Reversal of Some Cuba Normalization Policies (June 19, 2017); U.S. Reactions to Trump Reversal of Some U.S.-Cuba Normalization Policies (June 21, 2017); Cuban Reactions to Trump Reversal of Some U.S.-Cuba Normalization Policies (June 22, 2107).

[4] This Blogger’s Reactions to Trump Reversal of Some U.S.-Cuba Normalization Policies, (June 23, 2017).

[5]  Reuters, Cuban businesswomen seek Rubio meeting as U.S. policy bites (Nov. 17, 2017).

[6] Zehnder, Changing Subjectivity, Waters of Life (Nov.-Dec. 2017).