Tag: President Raul Castro

New Details About U.S. Secret Normalization Negotiations with Cuba

A prior post referred to the secret U.S.-Cuba negotiations that resulted in the December 17, 2014, announcements by presidents Obama and Castro that the two countries were embarking on a process of re-establishing diplomatic relations and resolving many issues that have accumulated over the last 50 years. Another post described the involvement of Pope Francis in these negotiations.

Now Reuters reports the following new details about these subjects.

Originally the breakthrough was thought to be the result of such secret negotiations over the prior 18 months (or since June 2013). Now, says Reuters, the process really began in December 2012 when President Obama after reelection with 48% of the Cuban-American vote instructed aides to make Cuba a priority and “see how far we could push the envelope,” according to Ben Rhodes, a Deputy National Security Advisor who played a central role in shaping Cuba policy.

The next month, January 2013, Ricardo Zuniga, Obama’s top Latin American adviser, went to Miami and met with a representative of the anti-Castro Cuban American National Foundation and with young Cuban-Americans, the latter of whom helped confirm the waning influence of older Cuban exiles who have traditionally supported the half-century-old embargo.

By April 2013, the White House was ready to proceed with the Cubans by quietly proposing back-channel talks after getting notice that Havana would be receptive. Obama initially froze out the State Department on these developments in part due to concern that its “vested interests” would still be bent on perpetuating a confrontational approach. Even Secretary of State John Kerry was informed of the talks only after it appeared they might be fruitful.

In any event, the secret negotiations started in June 2013 in Ottawa, Canada. The Cubans opened with harangues about the embargo and other perceived wrongs. Rhodes, age 37, responded, “Look I wasn’t even born when this policy was put in place … We want to hear and talk about the future.”

The Cubans in these initial sessions also insisted on an exchange of the remaining three of “The Cuban Five” in U.S. prison for U.S. citizen, Alan Gross, in Cuban prison. Obama refused such a deal because Washington denied Gross was a spy and because Obama did not want a three-for-one trade. As a result by the end of 2013, the negotiations had stalled.

At a January 2014 negotiating session in Toronto, however, the U.S. proposed – to the Cubans’ surprise – Cuba’s releasing Rolando Sarraff, a spy for the U.S. who had been imprisoned in Cuba since 1995, and thereby enabling the U.S. to claim it was a true “spy swap” and giving it political cover. But the Cubans dis not immediately agree to release Sarraff, a cryptographer who Washington says helped it disrupt Cuban spy rings in the U.S.

While the Sarraff proposal was still on the table, but not yet accepted by Cuba, President Obama held a White House meeting in February 2014 with certain lawmakers, including Democratic Senators Patrick Leahy and Dick Durbin. Obama stressed his opposition to a straight Gross-Cuban Three trade, and Durbin “raised the possibility of using the Vatican and the Pope as intermediaries.”

Thereafter Senator Leahy persuaded two unnamed Roman Catholic cardinals to ask Pope Francis to raise Cuba and the prisoners when he was scheduled to hold a private audience with Obama in March.

At that private audience, as reported in a prior post, Francis and Obama did discuss the U.S.-Cuba situation, and the Pope in June sent letters to Obama and Castro urging reconciliation and the prisoner exchange. Francis’ involvement also provided Obama with political coverage against future criticism by Cuban-American Senators Robert Menendez (Dem., NJ) and Marco Rubio (Rep., FL) and others.

In October 2014 (before the U.S. mid-term elections) the deal was finalized in Rome, where the U.S. and Cuban teams met separately with Vatican officials, then all three teams together.

In early December Rhodes and Zuniga met the Cubans again to nail down logistics for the December 17 announcements of prisoner releases, easing of U.S. sanctions, normalization of U.S.-Cuba relations and Cuba’s freeing of 53 political prisoners.

 

 

 

 

Strobel, Spetalnick & Adams, How Obama Outmaneuvered Hardliners and cut a Cuba Deal, Reuters (Mar. 23, 2015),

 

 

 

Reuters, , N.Y. Times (Mar. 23, 2015), How Obama Outmaneuvered Hardliners and Cut a Cuba Deal

http://www.nytimes.com/reuters/2015/03/23/us/politics/23reuters-cuba-usa-insight.html

ALBA Emergency Meeting’s Action Regarding President Obama’s Executive Order Imposing Sanctions on Seven Venezuelans

As discussed in a prior post, Venezuela has been organizing Latin American opposition to President Obama’s March 9th executive order imposing sanctions on seven Venezuelans. The latest venue for such opposition was the March 17th ALBA emergency meeting in Caracas, Venezuela.

This post will discuss that ALBA resolution and Cuban President Rául Castro’s passionate speech at the meeting against the U.S. and the executive order. We will conclude with some observations.

ALBA’s Resolution Regarding the U.S. Executive Order [1]

After speeches and discussion, ALBA adopted a resolution that:

  • Demanded “the U.S. government and its president, [to] repeal Executive Order adopted on March 9, 2015, against the Bolivarian Republic of Venezuela, which constitutes a threat to their sovereignty and interference in the internal affairs of this sister nation.”
  • Expressed “their strong support for the process of dialogue for the restoration of relations between Cuba and the [U.S.], urging President Obama to adopt with determination the measures within their executive powers to amend the implementation of the economic, commercial and financial [embargo or blockade], and to stop the illegal occupation of the territory occupied by the Guantanamo Naval Base.”
  • Urged “Panama, as host of the VII Summit of the Americas to ensure through a transparent process the widest, legitimate and representative participation in the Forum of Civil Society, popular movements and country NGOs that advocate for nuclear disarmament, environmentalists, against neoliberalism, the Occupy Wall Street and Occupy region, university and secondary students, farmers, unions, indigenous communities, organizations that oppose the contamination of shale, advocates for the rights of immigrants, denouncing torture, extrajudicial killings, police brutality, racist practices, claiming for women equal pay for equal work, which require compensation for damage to the transnational companies.”

President Rául Castro’s Speech [2]

President Rául Castro
President Rául Castro

“ALBA brings us together today to reaffirm our firmest support for the Bolivarian people and government in the face of the latest interventionist measures and threats from the U.S. government against Venezuela.” (In the photograph to the left Cuban Foreign Minister Bruno Rodriguez Parrilla is seated behind President Castro at the ALBA meeting.)

“The facts demonstrate that history cannot be ignored. The relations between the United States and Latin America and the Caribbean have been marked by the “Monroe Doctrine” and the objective of exercising domination and hegemony over our nations.”

“Simon Bolívar had anticipated that the [U.S.] ‘seems destined by Providence to plague America with misery in the name of Liberty,’ and [Jose] Martí fell in combat before concluding the letter in which he explained the “duty of preventing the [U.S.] from spreading throughout the Antilles as Cuba gains its independence, and from overpowering with that additional strength our lands of America.’”

“Later came the military interventions, the coup d’états, the maneuvers to overthrow nationalist or progressive governments, the backing of bloody military dictatorships, the undercover operations, the support for terrorism and subversion, as well as the appropriation and plundering of our resources to perpetuate dependence and underdevelopment.”

Cuba’s “triumphant audacity to carry out a socialist revolution just 90 miles from the [U.S.] has meant immense sacrifices, suffering, loss of life and material deprivation for the Cuban people, subject to . . . every kind of hostility, including the support and organization of armed bands in the mountains from . . . [late]1959, the Bay of Pigs Invasion in 1961 and the formalization of the blockade in 1962, all with the stated intention of defeating the Revolution and changing the political, economic and social order we freely chose and subsequently confirmed in a constitutional referendum.”

“The result has been a resounding failure [for the U.S.], the harming of our people and the complete isolation of the [U.S.] . . . , as recently recognized by President Barack Obama on announcing a new policy [on December 17, 2014] and resolving to open another chapter. However, his government spokespeople insist on clarifying that the objectives persist and only the methods change.”

“The triumph of the Bolivarian Revolution was an extraordinary milestone in the history of Venezuela and the whole region, which had begun to awaken from the long neoliberal slumber. An era of change commenced in the continent and other nations decided to embark on the path towards full independence and integration and again take up the flags of our national heroes.”

“ALBA, UNASUR [and] CELAC were created, which united, in their diversity, previous groupings and initiatives of genuine Latin Americanist and Caribbean calling, founded on principles of solidarity, cooperation, social justice and defense of sovereignty.”

“PetroCaribe was an extraordinary, generous and humanistic contribution of President Hugo Chávez Frías. Now [the U.S.] wants to destroy PetroCaribe, to threaten its member states, to submit them to the oil multinationals and separate them from Venezuela. They do not realize that our peoples have decided, irrevocably, to continue our unstoppable advance and fight for a multipolar and just world, where those who were historically excluded have a voice, hope and dignity.”

“U.S. imperialism has attempted, without success, practically all possible formulas to destabilize and subvert the Bolivarian Chavista revolution, to recover its control of the largest oil reserves on the planet, and to deliver a blow to the integrationist, emancipation process underway in Our America.”

“The arbitrary, aggressive, unjustified executive order issued by the [U.S.] President regarding the Bolivarian Republic of Venezuela’s government, describing it as a threat to its national security, shows that the [U.S.] is able to sacrifice the peace and the direction of hemispheric and regional relations, for reasons of domination and domestic politics.”

“The idea is untenable that a country like Venezuela — which has shown so much solidarity, never invaded or harmed any other, and contributes in a significant and altruistic manner to the energy security and economic stability of a considerable number of nations of the continent — could represent a threat to the security of the greatest super-power in history.”

“We support the honorable, valiant, constructive position taken by President Nicolás Maduro, who, despite the seriousness of this threat, has extended his hand to the [U.S.] President to initiate a dialogue based on international law and mutual respect, which could lead to the unconditional revocation of President Obama’s executive order and the normalization of relations. ALBA and CELAC should join in this proposal.”

“Today Venezuela is not alone, nor is our region the one it was 20 years ago. We will not tolerate the violation of sovereignty or allow peace in the region to be broken with impunity.”

“Threats to the peace and stability of Venezuela represent threats to regional stability and peace, as well.”

“The peace, which Venezuela today demands and which we all need, [is] a “peace with justice, with equality; the peace on our feet, not on our knees; peace with dignity and development,” as Maduro said. It is the peace to which we committed ourselves in the Proclamation of Latin America and the Caribbean as a Zone of Peace, adopted by the II CELAC Summit in Havana.”

Cuba’s “position under these circumstances remains unchanged. I reiterate the firm solidarity of the Cuban Revolution with the Bolivarian Revolution, with constitutional President Nicolás Maduro and with the civic-military union which he heads. I reiterate our absolute loyalty to the memory of Comandante Hugo Chávez Frías, the Cuban Revolution’s best friend.”

“We reaffirm once again, “The Cuban collaborators present in [our] sister country [Venezuela], will continue to fulfill their duties under any circumstances whatsoever, to the benefit of the fraternal, noble, generous people of Venezuela.”

“The [U.S.] must understand once and for all that it is impossible to seduce or buy Cuba, or intimidate Venezuela. Our unity is indestructible.”

“Nor will we concede one iota in the defense of sovereignty and independence, or tolerate any type of interference or conditions on our internal affairs.”

“Nor will we cease to defend just causes in Our America and the world, nor will we ever abandon our brothers in the struggle. We have come to close ranks with Venezuela and ALBA, and reaffirm that principles are not negotiable.”

“To defend these convictions, we will attend the 7th Summit of the Americas. We will present our positions with firmness, clarity and respect. We will reject with determination any attempt to isolate or threaten Venezuela, and demand a definitive end to the blockade of Cuba. Cuban civil society will be the voice of those without a voice, and we will expose the mercenaries who will appear there [posing] as Cuba’s civil society.”

“We must call upon all peoples and governments of Our America to mobilize and remain alert in the defense of Venezuela. Solidarity is the foundation of unity and regional integration.”

Conclusion

As mentioned in a prior post, I have not been a close observer of events in Venezuela and U.S. relations with that country and thus have no grounds for siding with Venezuela’s version of those events and relations or with the U.S. version. Therefore, I will try to set out these different versions in future posts [3] and invite respectful comments agreeing or disagreeing with these conflicting versions and hopefully containing citations to sources.

As an advocate for U.S.-Cuba reconciliation, I am troubled by the prospect that what I have called the “squabble” over President Obama’s March 9th executive order will adversely affect or derail that reconciliation, a concern heightened by the previously mentioned speech by President Castro.

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[1] Declaration of the Special Summit of Heads of State and Government of the Bolivarian Alliance for the Peoples of Our America-Trade Treaty (ALBA-TCP), Granma (Mar. 17, 2015); Hernández, Cuba and Alba in solidarity with Venezuela, Granma (Mar. 18, 2015).

[2] Rául Castro, We must call upon all the peoples and governments of Our America to mobilize and be alert in defense of Venezuela, Granma (Mar. 18, 2015). The day before this speech the President’s brother, Fidel Castro, in a long letter to Venezuelan President Maduro condemned “the outrageous policy of the United States government toward Venezuela and Alba.” Fidel concluded by saying, “Whatever U.S. imperialism may do, it will never be able to count on them [the Bolivarian National Armed Forces] to do what they did for so many years. Today Venezuela can count on the best-equipped soldiers and officers in Latin America. When you [Maduro] met with officers recently, it was evident that they were ready to give their last drop of blood for the homeland.” (Fidel sends message to President Nicolás Maduro, Granma (Mar. 17, 2015).)

[3] Venezuela’s version of events was set forth in this post and in “Venezuela’s Open Letter to People of the United States.”  Both sides’ versions were discussed in “U.S. and Cuba Squabble Over U.S. Sanctions Against Certain Venezuelans” (Mar. 16, 2015),

 

 

 

 

 

 

 

 

 

 

Nancy Pelosi and Other House Democrats Visit Cuba

A delegation of Democratic members of the U.S. House of Representatives led by Nancy Pelosi, the Minority Leader of the House, visited the island, February 17-19. They went “to build upon the announcement of U.S. normalization of relations and other initiatives announced by President Obama” and “to advance the U.S.-Cuba relationship and build on the work done by many in the Congress over the years, especially with respect to agriculture and trade.” [1]

The eight members of the delegation were David Cicilline (RI), member of the House foreign Affairs and Judiciary Committees; Rosa DeLauro (CT), the senior Democrat on the House Agriculture Appropriations Subcommittee and Co-chair of the Democratic Steering and Policy Committee;  Eliot Engel (NY), the senior Democrat on the House Foreign Affairs Committee; Anna Eshoo (CA), Ranking Member on the House Energy and Commerce Committee’s Subcommittee on Communications Technology; Steve Israel (NY), Chair of the Democratic Policy and Communications Committee; Jim McGovern (MA), member of the House Agriculture Committee and Co-Chair of the congressional Tom Lantos Human Rights Commission; Collin Peterson (MN), the senior Democrat on the House Agriculture Committee; and Nydia Velazquez (NY), the senior Democrat on the House Small Business Committee. [2]

After their arrival in Cuba, they first went to the U.S. Interests Section’s building on Havana’s Malecon. There they met with the Chief of Mission, Jeffrey DeLaurentis, and his team. “We are proud of them and the U.S. Marines serving us there,” Pelosi said. 

cuba-nancy-pelosi-bruno-rodriguezOn February 18th the delegation had a three and one-half hour meeting with Cuban Foreign Minister, Bruno Rodriguez. and Josefina VIdal, the Foreign Ministry’s leader of the current negotiations with the U.S. (Left is a photograph of Pelosi and Rodriguez.) According to a Cuban website, they “discussed issues related to the current context of ties between the two countries, including restoring diplomatic relations, opening embassies and the debate in Congress on lifting the blockade [embargo] against Cuba.” Afterwards, Pelosi said, ““We discussed areas of interest to the United States and Cuba, and our delegation listened to their concerns, including the embargo, bank and credit financing,” Pelosi said. “We underscored our commitment to human rights in Cuba and agreed to build upon the historic opportunity before us to make progress in our relationship.”

Pelosi+Diaz

On the 19th Pelosi and the delegation met with Miguel Diaz-Canel, Cuba’s First Vice President and presumptive next Cuban president. (Right is a photograph of Pelosi and Diaz-Canel.) They talked about Cuba’s market-style economic reforms, bilateral relations and prospects of the U.S. Congress lifting the country’s 53-year-old trade embargo of Cuba. Afterwards Pelosi told reporters, “There is strong bipartisan support to lift the embargo in the Congress, however it’s not universal and it certainly does not appear to be shared by those in power who have the ability to bring a bill to the floor.”

The delegation also met with leaders of Cuba’s legislature (National Assembly), including its vice president, Ana María Mari Machado. According to Pelosi, “During the meeting, we exchanged views about the actions taken by President Obama and President Raúl Castro. We agreed to continue our interparliamentary dialogue on areas of agreement and disagreement.”

U.S. House of Representatives Democratic leader Pelosi, Archbishop of Havana Cardinal Ortega and members of a delegation of congressional Democrats pose for a photograph in Havana

Other meetings were held with Cuban Cardinal Jaime Ortega (left is a photograph of the Cardinal and the delegation); American students at the Latin American School of Medicine; young entrepreneurs of the island’s emerging private sector; and representatives of civil society, but not with Cuban dissidents.

At a press conference on their last day on the island, Pelosi said, “We’re very positively impressed by what we heard here about our future prospects and the relationship.” Representative Engel noted they had raised the topic of human because “We’re very concerned with human rights and dissident rights. I’d like to see more changes from the Cuban side.”  Representative McGovern concurred with this comment: “The best way to promote human rights is to accelerate this new process to establish formal embassies in Havana and Washington.” The delegation also said they also spoken with Cuban officials about U.S. food sales to the island, internet technology and the island’s emerging small-business sector.

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[1] This post is based upon the following: Press Release, Pelosi Leads Congressional Delegation to Cuba (Feb. 17, 2015); Reuters, Pelosi Traveling with Lawmakers to Cuba, N.Y. Times (Feb. 17, 2015); Fram, Pelosi Leads House Democrats Visiting Cuba, Assoc. Press (Feb. 17, 2015); Press Release, Pelosi Statement on Historic Delegation’s Meetings in Havana (Feb. 18, 2015); Miller, Nancy Pelosi visits Havana, meets with top Castro regime officials, Wash. Times (Feb. 19, 2015); Oleaga, US, Cuba Relations Update: Representative Nancy Pelosi Leads congressional Delegation to Cuba, Hopes to Advance Renewed Relations, Latin Post (Feb. 19, 2015); Cuba FM Meets with Nancy Pelosi, Havana Times (Feb. 19, 2015); Cuban FM meets U.S. lawmakers on normalization of ties, Xinhua (Feb. 19, 2015); Trotta, U.S. congressional delegation meets Cuba’s heir apparent, Reuters (Feb. 19, 2015); Miroff, In Havana, Pelosi delegation promotes Obama’s Cuba thaw, Wash. Post (Feb. 19, 2015); Agence France-Presse, US-Cuba talks tackle human rights, reopening embassies (Feb. 19, 2015);Torres, Pelosi and other Democrats meet with Cuban officials in Havana, Miami Herald (Feb. 19, 2015); Miguel Diaz-Canel received the leader of the Democratic Party in the House of Representatives of the US, Granma (Feb. 19, 2015); Nancy Pelosi: The lock [embargo] is a “measure unsuccessfully,” CubaDebate (Feb. 19, 2015)(English translation by Google Translate); Press Release, Pelosi Statement on Historic Congressional Delegation’s Final Day of Meetings in Cuba (Feb. 20, 2015).

[2] Representative Peterson is a cosponsor of H.R.403 (Free Trade with Cuba Act) while Representatives DeLauro, McGovern and Velazquez are cosponsors of H.R.664 (Export Freedom to Cuba Act of 2015).

More Observations on Cuba’s Reactions to U.S.-Cuba Reconciliation

A prior post discussed the reactions to U.S.-Cuba reconciliation by Cuba’s government and its people. Here are additional observations on these topics.

As noted in that prior post, Josefina Vidal, Cuba’s deputy foreign minister in charge of North America, gave an extensive interview on the U.S.-Cuba negotiations to a Granma journalist, and more recently Granma published the official English translation of the interview. Vidal reveals a great knowledge of the intricacies of U.S. law on the embargo and “wet foot/dry foot” immigration practices.

She also rebutted the contention by some U.S. critics of the rapprochement that the U.S. failed to obtain a “quid pro quo” for its concessions. She said, “Relations between Cuba and the United States have historically been asymmetrical. Therefore, the notion of quid pro quo cannot automatically be applied, taking into consideration that there are many more things to dismantle on the U.S. side than on the Cuban side. Cuba does not have sanctions against U.S. companies or citizens; nor do we hold occupied territory in the United States;  we don’t have programs financed by Cuba intent upon influencing the situation within the United States or promoting changes in the internal order of the United States; we don’t have radio or television broadcasts, specially conceived in Cuba and directed toward the U.S.”

Moreover, she said, “questions of an internal nature for Cuba or questions directed toward promoting changes in our internal order will never be put on the table during this process of negotiation.”

Meanwhile, President Raúl Castro on February 13th received Army General Sergei Shoigu Kuzhuguetovich, Minister of Defense of the Russian Federation. During the meeting, Granma reported, they discussed the historical ties between the two nations and ratified the willingness to continue strengthening the bonds of cooperation.

In January a el Nuevo Herald journalist from Miami visited  the island and concluded, “many Cubans, including laborers who have started up their own small businesses,  employees of state enterprises and retirees were hopeful that the new approach in relations between the U.S. and Cuba would result in greater prosperity for the average citizen after 56 years under the control of Castro.”

Cuban boy in Havana
Cuban boy in Havana

The journalist also saw Cuban children with T-shirts emblazoned with the face of President Obama and  Cuban women and men wearing shirts or pants with “American flag.”

This February, a BBC journalist talked with some of the young people at the annual March of the Torches at the University of Havana to commemorate Cuba’s revered poet and independence hero, Jose Marti. They welcomed the announcement of a thaw with Washington. “In the past, the two countries have had their problems, not between the people but our governments,” said 18-year-old Daimara. “But now we can improve relations with the US and the whole world.” Her friend, Sandra, added, “It was about time! It’s a step forward, a step towards better ties with everyone.”

Recent News about U.S. Government’s Actions Regarding Cuba

On February 13th the U.S. Department of State announced that a new regulation will allow certain goods and services produced by independent Cuban entrepreneurs to be imported into the U.S. Cuba’s nascent private sector includes self-employed individuals, private small businesses, and private cooperatives that are independent of Cuba’s state sector. [1]

However, many goods were excluded from the liberalization, including food and agricultural products, alcohol, minerals, chemicals, textiles, machinery, vehicles, arms and ammunition.

Exports of all services are permitted. Some observers believe this may be more significant. This, for example, could allow Cuban graphic designers, computer programmers, market researchers or party planners to acquire U.S. clients.

On the diplomatic front, the U.S. reportedly is pressing Cuba to agree to restoration of normal diplomatic relations before the Summit of the Americas in Panama in April. This blogger, however, thinks that is unlikely given the inconclusive results of the initial negotiations in Havana in January and the lack of any announcement of a second round of talks that supposedly were going to happen in Washington this month.

More importantly Cuba has made statements suggesting that normal relations could not be commenced until the U.S. agrees its diplomats would not have private meetings with Cuban dissidents and rescinds its designation of Cuba as a “State Sponsor of Terrorism.” Based on publicly available information, neither of these will happen before April. In addition, President Raúl Castro has suggested that such relations could only happen after the U.S. ends the embargo, pays compensation to Cuba for its alleged damages from the embargo and returns Guantanamo Bay to Cuba. Clearly these will not happen before April, if ever.

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[1] This account of the new regulations is based upon a Department of State document and reports from Reuters and Associated Press.

United States Government’s Reactions to U.S.-Cuba Reconciliation

After looking at international and Cuban reactions to the December 17th announcement of U.S.-Cuba reconciliation, we now examine the reactions by the U.S. Government’s Executive Branch and Congress. A subsequent post will look at the reactions of the American people.

I. Executive Branch.

Led by President Barack Obama, the Executive Branch engaged in 18 months of secret negotiations with Cuba that resulted in the December 17th announcement of an accord between the two countries involving immediate release of certain prisoners, promised liberalization of U.S. regulations regarding U.S. exports to the island and U.S. citizens travel to Cuba, promised U.S. review of its designation of Cuba as a “State Sponsor of Terrorism” and further negotiations for reestablishment of normal diplomatic relations and for resolution of a long list of issues or disputes.

The U.S. Department of State immediately commenced review of the “terrorism’ designation and the Treasury and Commerce Departments in January announced the new and more liberal regulations regarding exports and travel.

The U.S., represented by Assistant Secretary of State Roberta Jacobson, participated in the first round of further negotiations with Cuba in Havana in January, and the second round will be this month in Washington, D.C.

In addition, as we will see in the discussion of reactions in the U.S. House of Representatives, bills have been introduced to end the U.S. embargo of the island.

In short, the U.S. is doing everything it can to further the progress toward normalization of relations and reconciliation of the two countries.

II. U.S. Congress

The following analysis of the positions of senators and representatives on reconciliation obviously is incomplete since I was not able to conduct exhaustive research on all 100 senators and all 435 representatives. I also used my judgment to assign pending bills as favoring or opposing reconciliation and assumed, absent specific information to the contrary, that being a sponsor or cosponsor of a bill in one category would preclude that individual’s voting for some or all of the bills in the other category. Moreover, the named individual legislators may change their minds if and when any of these measures reach the chambers’ floors for votes. I earnestly entreat readers to provide comments with other information to correct or supplement this analysis.

A. U.S. Senate

Of the 100 Senators, 25 so far appear to support reconciliation while 27 do not. The other 48 Senators apparently have not yet taken positions on this major issue.

1. Favoring reconciliation

As of February 10, I was surprised to discover that the Senate does not have a bill to abolish the U.S. embargo of Cuba. Minnesota’s Senator Amy Klobuchar clearly has stated her intent to offer and support such a bill, but has not done so to date because she believes that the Senate first should vote on confirmation of an ambassador to Cuba, who has not yet been nominated by the President. Moreover, Cuba’s President Castro has made noises that abolishing the embargo should come before restoration of normal diplomatic relations. As a result, Klobuchar’s legislative strategy may have to be revised.

In any event, as of February 10, the Senate had only two measures on its agenda that are at least tangentially favorable to the recent U.S.-Cuba accord.

The first is S.299 (Freedom to Travel to Cuba Act of 2015) offered by Senator Jeff Flake (Rep., AZ) with 13 cosponsors [1]  It was referred to the Foreign Relations Committee.

The other is a proposed resolution (S.RES.26: Commending Pope Francis for his leadership in helping to secure the release of Alan Gross and for working with the Governments of the United States and Cuba to achieve a more positive relationship). It was offered by Senator Richard Durbin (Dem., IL) with 10 cosponsors, four of whom were not cosponsors of S.299 [2]  The proposed resolution was referred to the Foreign Relations Committee.

In addition to these 18 senators, the following seven (for a total of 25) can also be regarded as supporters of reconciliation based upon statements on their official websites or other comments or actions mentioned in the press: Tammy Baldwin (Dem., WI), Chris Coons (Dem., DE), Al Franken (Dem., MN), Chris Murphy (Dem., CT), Rand Paul (Rep., KY), Pat Roberts (Rep., KS) and Harry Reid (Dem., NV).

Thus, at least 25 Senators are on record apparently supporting reconciliation with Cuba

2. Opposing reconciliation

As of February 10, the Senate had on its agenda one substantive bill relating to Cuba that can be seen as indirectly opposed to reconciliation.

S.165 (Detaining Terrorists To Protect America Act of 2015) would extend and enhance prohibitions and limitations with respect to the transfer or release of individuals detained at the U.S. Naval Station, Guantanamo Bay, Cuba.This bill was referred to the Armed Services Committee. It was offered by Senator Kelly Ayotte (Rep., NH) with 26 Republican cosponsors [3] One of the cosponsors, however, is Senator Jerry Moran, who was a cosponsor of S.299 and who spoke in favor of ending the embargo at the launch of the United States Agricultural Coalition for Cuba. Thus, I believe that only 25 of these cosponsors can be counted in the anti-reconciliation camp.

At least one other Senator belongs in this camp. Senator Robert Menendez (Dem., NJ), who is a Cuban-American, is vehemently opposed to reconciliation as are the other two Cuban-American Senators–Ted Cruz (Rep., TX) and Marco Rubio (Rep., FL), both of  whom are cosponsors of S.165.

Thus, at least 27 Senators are on record apparently opposing reconciliation.

B. U.S. House of Representatives

There are at least 43 representatives favoring reconciliation while 52 do not. That leaves the other 340 representatives not accounted for.

1. Favoring reconciliation

As of February 10, the House had eight pending bills favorable to reconciliation with Cuba.

The following three seek to end the U.S. embargo of Cuba.

  • The leading one seems to be H.R.403 (Free Trade with Cuba Act) that was introduced by Representative Charles Rangel (Dem., NY) with 27 Democratic cosponsors [4] It has been referred for consideration to the House Foreign Affairs and six other committees.[5] The bill would end the embargo, and its  section 2 would have Congress find that “Cuba is no longer a threat to the [U.S.] or Western Hemisphere;” the U.S. ” is using economic, cultural, academic, and scientific engagement to support its policy of promoting democratic and human rights reforms [in other Communist regimes];” and the U.S. “can best support democratic change in Cuba by promoting trade and commerce, travel, communications, and cultural, academic, and scientific exchanges.”
  • The other two similar bills to end the embargo are H.R.274 (United States-Cuba Normalization Act, 2015) by Rep. Bobby Rush (Dem., IL) without any cosponsors, and H.R.735 (To lift the trade embargo on Cuba, and for other purposes) by Rep. Jose Serrano (Dem., NY) with Rep. Rangel as a cosponsor, both of whom are on the record as supporters of of H.R.403. These bills too were referred to the same seven committees for consideration.

 Rep. Rangel on February 2nd also introduced H.R.635 (Promoting American Agricultural and Medical Exports to Cuba Act of 2015) to facilitate the export of U.S. agricultural products to Cuba, to remove impediments to the export to Cuba of medical devices and medicines, to allow travel to Cuba by U.S. legal residents, to establish an agricultural export promotion program with respect to Cuba. With 25 of the same Democratic cosponsors, the bill was referred to the Foreign Affairs and four other committees.

There are two bills to expand U.S. residents ability to travel to Cuba. Rep. Rangel on February 2nd introduced H.R.634 (Export Freedom to Cuba Act of 2015) with 25 of the same Democratic cosponsors of H.R.403 plus John Garamendi (Dem., CA) and Mark Pocan (Dem., WI). It has provisions for freedom to travel to Cuba for U.S. citizens and legal residents.It was referred to the Foreign Affairs Committee. A similar bill to expand U.S. citizens travel to Cuba (H.R.664: Freedom to Travel to Cuba Act of 2015) was offered on February 2nd by Rep. Mark Sanford (Rep., SC) with 12 cosponsors.[6] It also was referred to the Foreign Affairs Committee.

A more limited travel bill was introduced by Representative Jose Serrano (Dem., NY). It is H.R.738: To waive certain prohibitions with respect to nationals of Cuba coming to the United States to play organized professional baseball. Its sole cosponsor is Representative Rangel and was referred to the Foreign Affairs Committee.

On January 27th Minnesota’s Representative Betty McCollum introduced H.R.570 (Stop Wasting Taxpayer Money on Cuba Broadcasting Act) to stop Radio Marti and Television Marti broadcasts to Cuba. McCollum was a cosponsor of H.R.403 while HR. 570 has no cosponsors. It was referred to the Foreign Affairs and Judiciary Committees.

I am proud to say that all five Democratic Representatives from Minnesota by offering or cosponsoring bills appear to be in favor of this reconciliation. In addition, two of Minnesota’s three Republican Representatives have made statements indicating at least receptivity to favoring the reconciliation, and this analysis counts them as undecided. [7]

Our newest Representative Tom Emmer said, “By all accounts the Cuban people are worse off today than when [the embargo] started. So clearly that’s not working. And I’m supportive of engaging in diplomacy, starting to re-engage in diplomatic relations with Cuba, to begin that process to hopefully someday getting to normalize that relationship. But it’s two separate things. One, it’s diplomacy, and down the road is normalization.” In addition, as a member of the House Foreign Affairs Committee, Emmer focused on three issues in questioning Administration witnesses: reparations for Cubans who have been persecuted by the Castro regime, payments for U.S. interests that lost property to the regime and safe harbor of U.S. fugitives within Cuba. Emmer also said or suggested if certain conditions are met he could support ending the embargo.

Another Minnesota Republican Representative, Rep. Erik Paulsen, said, “We should be looking at opportunities to open up trade between the United States and Cuba so we can export more American goods and services. However, the President should have engaged Congress before making concessions to the Cuban government.” (Id.) It may also be significant that his district includes the headquarters of Cargill Incorporated, the leader of the United States Agricultural Coalition for Cuba

Thus, there are at least 40 Representatives who appear to be in favor of this reconciliation with differing levels of commitment.

2. Opposing reconciliation

There are two pending bills, both relating to Guantanamo Bay, Cuba that can be seen as opposing reconciliation, as of February 10.

The first is H.R.654 (Naval Station Guantanamo Bay Protection Act). It was introduced by David Jolly (Rep., FL)  with 36 Republican cosponsors, none of whom is from Minnesota. [8] It was referred to the Foreign Affairs Committee.

The other bill (H.R.401: Detaining Terrorists to Protect America Act of 2015) which would prohibit the release or transfer of certain Guantanamo Bay detainees and the construction or modification of any other facility to house such detainees. It was offered by Representative Jackie Walkorski (Rep., IN) with 29 Republican cosponsors, of whom 17 were not cosponsors of H.R.654. [9] It was referred to the Armed Services Committee.

Accordingly there are at least 54 Representatives on the record against reconciliation. Three of them are Cuban-Americans (Carlos Curbello, Mario Diaz–Balart and Ileana Ros-Lehtinen) with the latter two being the most vocal in their persistent criticism of reconciliation. Another Cuban-American Representative (Albio Sires (Dem., NJ)) has not been an author or cosponsor of any of these bills, but his website includes a rejection of the President’s decisions to seek reconciliation with Cuba. [10]

III. Conclusion

As a supporter of reconciliation, I am anxious that this year both houses of Congress abolish the embargo and support other measures to promote that reconciliation. Therefore, I urge all supporters to say thank you to those legislators who already are on our side, to identify the “undecided” legislators and seek to persuade them to become supporters and to inform our fellow citizens of the important issues in this controversy and to seek to persuade them to be supporters.

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[1] The 13 cosponsors of S.299 are the following: John Boozman (Rep., AR), Barbara Boxer (Dem, CA), Thomas Carper (Dem., DE), Susan Collins (Rep., ME), Richard Durbin (Dem., IL) ), Michael Enzi (Rep., WY), Amy Klobuchar (Dem., MN), Patrick Leahy (Dem., VT), Jerry Moran (Rep., KS), Jack Reed (Dem., RI), Debbie Stabenow (Dem., MI), Tom Udall (Dem., NM) and Sheldon Whitehouse (Dem., RI). Senator Moran also spoke in favor of ending the embargo at the launch of the United States Agricultural Coalition for Cuba.

[2] The four cosponsors of S.RES.26 who were not cosponsors of S.299 are the following: Sherrod Brown (Dem., OH), Benjamin Cardin (Dem., MD), Tim Kaine (Dem., VA) and Barbara Mikulski (Dem., MD). 

[3] The 26 Republican cosponsors of S.165 are the following: John Barrasso (WY), Roy Blunt (MO), John Boozman (AR), Richard Burr (NC). John Cornyn (TX), Tom Cotton (AR), Ted Cruz (TX), Joni Ernst (IA), Deb Fischer (NE), Lindsey Graham (SC), Orrin Hatch (UT), James Inhofe (OK), Johnny Isakson (GA), Ron Johnson (WI), Mark Kirk (IL), James Lankford (OK), Mike Lee ((UT), John McCain (AZ), Jerry Moran (KS), Pat Roberts (KS), Mike Rounds (SD), Jeff Sessions (AL), Dan Sullivan (AK), Thom Tillis (NC), Pat Toomey (PA) and Roger Wicker (MS).

[4] The 27 Democratic Representative cosponsors of H.R.403 are Karen Bass (CA), William Clay (Mo), Steve Cohen (TN), John Conyers, Jr. (MI), Keith Ellison (MN), Sam Farr (CA), Chaka Fattah (PA), Raul Griaiva (AZ), Jared Huffman (CA), Sheila Jackson Lee (TX), Eddie Johnson (TX), Henry Johnson (GA), Barbara Lee (CA), Betty McCollum (MN), Jim McDermott (WA), Gregory Meeks (NY), Gwen Moore (WI), Rick Nolan (MN), Eleanor Holmes Norton (DC), Collin Peterson (MN), Jared Polis (CO), Janice Schakowsky (IL), Bennie Thompson (MS), Tim Walz (MN) and Maxine Waters (CA).

[5] A prior post listed the members of the seven House committees that have jurisdiction over different portions of the three bills to end the embargo.

[6] The 12 cosponsors of H.R.664 are Kathy Astor (Rep., FL), Jason Chaffetz (Rep., UT), Kevin Cramer (Rep., ND), Rosa DeLauro (Rep., CT), Sam Farr (Dem., CA), Barbara Lee (Dem., CA), Thomas Massie (Rep., KY), James McGovern (Dem., MA), Charles Rangel (Dem., NY), Chris Van Hollen, (Rep., MD), Nydia Velazquez (Dem., NY) and Peter Welch (Dem, VT).) Of this group, eight were not sponsors or cosponsors of H.R.403 (Chaffetz, Cramer, DeLauro, Massie, McGovern, Van Hollen, Velazquez and Welch). Cramer also announced his support for ending the embargo at the launch of the U.S. Agricultural Coalition for Cuba.

[7] Henry, Emmer on Cuba embargo: ‘Clearly that’s not working, MINNPOST (Feb. 6, 2015). The third Minnesota Republican Representative, John Kline, appeared to be less receptive to ending the embargo. He said he’s “not confident the Administration will follow through on its promises to hold the Castro dictatorship regime accountable, and I’m concerned about revisiting relations with Cuba until all Cubans enjoy a free democracy.”

[8] The 36 Republican cosponsors of H.R.654 are Gus Bilirakis (FL), Michael Burgess (TX), Bradley Byrne (AL), Jason Chaffetz (UT), Mike Coffman (CO), Carlos Curbello (FL), Rodney Davis (IL), Ron DeSantis (FL), Mario Diaz-Balert (FL), Bill Flores (TX), Trent Franks (AZ), Louie Gohmert (TX), Trey Gowdy (TN), Andy Harris (MD), Richard Hudson (NC), Duncan Hunter (CA), Darrell Issa (CA), Bill Johnson (OH), Jeff Miller (FL), Alexander Mooney (WV), Richard Nugent (FL), Gary Palmer (AL), Robert Pittenger (NC), Bill Posey (FL), Reid Ribble (WI), Ileana Ros-Lehtinen (FL), Keith Rothfus (PA), Matt Salmon (AZ), Austin Scott (GA), Marlin Stutzman (IN), Jackie Walorski (IN), Randy Weber (TX), Roger Williams (TX), Joe Wilson (SC), Ted Yoho (FL) and Ryan Zinke (MT). Diaz-Balert and Ros-Lehtinen are Cuban-Americans who have been and are most vocal in their criticism of reconciliation. Rodney Davis, however, spoke in favor of ending the embargo at the launch of the United States Agricultural Coalition for Cuba and should not be viewed as completely hostile to reconciliation.

[9] The 29 Republican cosponsors of H.R.401 are Andy Barr (KY), Susan Brooks (IN), Bradley Byrne (AL), Mike Coffman (CO), Paul Cook (CA), Ander Crenshaw (FL), Trent Franks (AZ), Andy Harris (MD), Jaime Herrera Beutier (WA), Duncan Hunter (CA), Darrell Issa (CA). Sam Johnson (TX), Doug Lamborn (CO), Robert Latta (OH), Luke Messer (IN), Mick Mulvaney (IN), Richard Nugent (FL), Steven Pearce (NM), Robert Pittenger (NC), Ted Poe (TX), Mike Pompeo (KS), Todd Rokita (IN), Aaron Schock (IL), Austin Scott (GA), Christopher Smith (NJ), Brad Wenstrup (OH), Joe Wilson (SC), Robert Wittman (VA) and Ryan Zinke (MT). Of these cosponsors, 16 (Barr, Brooks, Herrera, Sam Johnson, Lamborn, Latta, Messer, Mulvaney, Pearce, Poe, Pompeo, Rokita, Schock, Smith, Wenstrup and Wittman) were not cosponsors of H.R.654.

[10] Hook, Exile Haunts Cuba-American Lawmakers, W.S.J. (Dec. 20-21, 2014).

Cuba’s Reactions to U.S.-Cuba Reconciliation

Determining the overall reactions of Cubans to the December 17th announcement of their country’s embarking on a path of reconciliation with the U.S. is difficult for anyone, much less a non-Cuban living in Minnesota. Nevertheless, I will attempt to do so based upon generally available information filtered through my having been to Cuba on three church mission trips over the past 12 years, my listening to others from my church who have been on other such trips, my talking with Cubans on the island and in the U.S. and following carefully the news on this subject during these years. My analysis also endeavors to put myself in the shoes of Cubans in this historical moment.

This analysis focuses first on the actions of the leaders of the Cuban government and  then on the reactions of the Cuban people.

The Cuban Government

First, the Cuban government over 18 months conducted secret negotiations with the U.S. government to achieve the breakthrough on December 17th when President Raûl Castro announced this important development to the Cuban people.

At that time Castro said, “We need to learn to live together in a civilized way, with our differences,” He also exulted in the release of the three Cuban agents from U.S. prison, saying it was  a cause of “enormous joy for their families and all of our people.” He praised President Obama with these words””This decision by President Obama deserves respect and recognition by our people.”

Subsequently President Raûl Castro has made other statements reiterating his government’s commitment to the process of reconciliation while also emphasizing some of the difficulties in achieving complete normalization.

  • In his December 20th speech to Cuba’s National Assembly, President Castro said, “The Cuban people are grateful [for Mr. Obama’s decision] to remove the obstacles to our relations.” He also stated, “”In the same way that we have never demanded that the United States change its political system, we will demand respect for ours.”
  • At the January 28th CELAC conference in Costa Rica, President Castro stated, “The reestablishment of diplomatic relations is the beginning of a process of . . . normalization of  bilateral relations, but this will not be possible as long as the [U.S. embargo or] blockade exists, or as long as the territory illegally occupied by the Guantanamo Naval Base is not returned, or radio and television broadcasts which violate international norms continue, or just compensation is not provided our people for the human and economic damage that they have suffered.” In essence, he said, “Cuba and the United States must learn the art of civilized co-existence, based on respect for the differences which exist between both governments and cooperation on issues of common interest. . . . [In doing so Cuba will not ] renounce its ideals of independence and social justice, or abandon a single one of our principles, nor cede a millimeter in the defense of our national sovereignty.” Raul Castro continued, “If these problems are not resolved, this diplomatic rapprochement between Cuba and the United States makes no sense.”

Raúl’s brother, Fidel Castro, belatedly voiced his guarded approval. On January 27th, Fidel said,“I do not trust the politics of the United States, nor have I exchanged a word with them, but this is not, in any way, a rejection of a peaceful solution to conflicts. Any peaceful or negotiated solution to the problems between the United States and the peoples or any people of Latin America that doesn’t imply force or the use of force should be treated in accordance with international norms and principles. We will always defend cooperation and friendship with all the people of the world, including with our political adversaries.” His brother, Fidel said, had “taken the relevant steps in line with the prerogatives and authorities awarded to him by the National Assembly and the Cuban Communist Party.”

Moreover, the Cuban government has fulfilled its obligations under the accord with the U.S. to release from its jails and prisons Alan Gross, a U.S. spy and 53 Cuban dissidents.

In addition, Cuba hosted a visit of a delegation of U.S. Senators and Representatives led by Senator Leahy and the January 21-22 diplomatic conference in Havana to discuss additional steps of normalization. Although no significant agreements were reached on specific issues, both governments spoke of the spirit of respect and cooperation that was present in those sessions. The diplomatic conference was discussed in posts before and after the sessions.

The day before this conference, a senior official from Cuba’s foreign ministry told reporters that it was “unfair” to keep Cuba on the U.S. list of state sponsors of terrorism and that Cuba “cannot conceive of re-establishing diplomatic relations” while Cuba remains on that list.”

After the conference, Cuba’s top diplomat for U.S. affairs, Josefina Vidal, said, “One can’t think that in order to improve and normalize relations with the U.S., Cuba has to give up the principles it believes in. Changes in Cuba aren’t negotiable.” She also objected to allowing U.S. diplomats on the island to have liberty to go anywhere until they conducted themselves with total respect for Cuban laws. The last point was in response to the U.S. insistence that its diplomats in Havana have the unrestricted ability to travel within the country and to meet with whomever it wants, including Cuban dissidents. Vidal re-emphasized this position in an extensive February 2nd interview in Granma, Cuba’s only newspaper. 

The Cuban People [2]

As there are no national public opinion polls in Cuba, assessing such opinion relies on a melange of sources.

Immediately after the December 17th announcement of the detente, Granma reported that the Cuban people were “overjoyed to the two great events of the day, year and century: the return to the country of three Cuban heroes who were previously incarcerated in U.S. prisons, and the announcement of the reestablishment of diplomatic relations between Cuba and the U.S.”

The day after the announcement a Western journalist reported that “many Cubans expressed hope . . .  that it will mean greater access to jobs and the creature comforts taken for granted elsewhere, and lift a struggling socialist economy where staples like meat, cooking oil and toilet paper are often hard to come by. That yearning, however, was tempered with anxiety. Some fear a cultural onslaught, or that crime and drugs, both rare in Cuba, will become common along with visitors from the United States. There is also concern that the country will become just another Caribbean destination.”

Another western journalist, William Neuman, this last Christmas made a 17-hour car trip around the island and observed that in his “conversations with Cubans about the lifting of parts of the American embargo and the re-establishment of diplomatic relations, what they talked about most was that they hoped it would breathe life into the economy and eventually lead to a better standard of living.”

In early January an Associated Press journalist interviewed 10 of the 53 Cuban dissidents who were released from jail or prison by the Cuban government as part of the December 17th announcement, and eight of them “expressed confidence the decrease in tensions with the U.S. will improve life in Cuba and make their activism easier. Only one had a negative view of the deal.”

More recently, on January 23rd in Havana U.S. Assistant Secretary of State Roberta Jacobson hosted a meeting in Havana of certain Cuban dissidents, as discussed in a prior post. Some of those in attendance were opposed to the detente while others supported it. (The Cuban government was very unhappy over this meeting.)

On February 3rd a subcommittee of the U.S. Senate Foreign Relations Committee held a hearing about the detente. Four of the witnesses were the following Cuban dissidents. 

  • Berta Soler, President of Cuban Ladies in White, testified about the continued arrests and harassment of dissidents by the Cuban government.
  • Mrs. Miriam Levia, a human rights advocate and independent journalist, testified, “While many dissidents and opponents support the new approach of the American Administration in the relations with the Cuban government, others do not. Nevertheless, the objective is the same: defense of human rights, democratic values, and friendship and assistance to the Cuban people. Likewise in the opposition and dissidence, we all seek the wellbeing and progress of the Cuban people and our country.” She added, “Reestablishing relations will grant a better environment for the American diplomats in Cuba, their contacts with the Cuban population and the civil society, and their ability to access a direct channel to the national officials, among other issues. Normalizing the 56 years long estrangement will take a long time. But there is now a unique opportunity to assist the Cuban people and it must not be wasted. . . .The American policy towards the Cuban government has disserved it for 56 years, so it must be changed. The embargo must be lifted for the benefit of our peoples and nations.”
  • Manuel Cuesta Morúa, representing the Progressive Arc and Coordinator of New Country, testified, “Do not believe that the change in U.S. policy will bring us freedom, which would be the best outcome. The freedom of Cuba is exclusively a matter for Cubans. But believe me, that new policy will give us better options for us to obtain it by ourselves.”
  • Rosa Maria Paya, a member of Christian Liberation Movement and Daughter of Slain Dissident Oswaldo Paya Sardińas, testified,  ““Your government must move forward and extend a hand to the people and government of Cuba, but with the request that the hands of Cuban citizens not be tied. Otherwise, the opening will only be for the Cuban government, and will be another episode of an international spectacle full of hypocrisy. A spectacle that reinforces oppression, and plunges the Cuban people deeper into the lie and total defenselessness, seriously damaging the desire of Cubans for the inevitable changes to be achieved peacefully. The pursuit of friendship between the United States of America and Cuba is inseparable from the pursuit of liberty. We want to be free and be friends.” God bless and protect our peoples.”

This January David Adams of Reuters reported that “most Cubans firmly oppose U.S. policies and the long economic embargo . . .  but admire U.S. culture. Many have relatives living in the United States, Cuban teenagers listen more to rap and hip hop than to home-grown son and salsa, and baseball is the country’s most popular sport.”  Adams cites three examples:

  • Miguel Barnet, a poet and anthropologist and a member of Cuba’s powerful Council of State,  “fondly recalls his teenage years in the 1950s, attending one of Havana’s elite private schools, singing in the Episcopal church choir and performing in American musicals.‘I love North American culture, I was shaped by it.’”
  • The official historian of Havana, Eusebio Leal, added, “We never burned an American flag in Cuba. We Cubans don’t have our hands soaked in American blood. There is no anti-American hatred here.”
  • Camilo Martinez, the operator of a small Havana bed and breakfast, said, “Everyone wants to see what the future will bring. They can taste the consumer benefits in the future. No one can stop this. Everyone wants to work with people in the United States, we all have friends and relatives there …. Everyone can see the future: McDonald’s, Home Depot, Walmart.”

A first-time visitor to Cuba reported in January  that If you ask [Cubans] about politics, the response often starts with a deep breath or shrug. Cubans are mostly interested in economic improvement, one invariably hears, and an intangible ‘normal’ in their lives.”

Another measure of the Cuban people’s desperate economic conditions and their reactions to the detente was a post-December 17th surge in the number of U.S. Coast Guard interdictions of Cubans attempting to reach the U.S. illegally in rafts. They apparently were motivated in part by fear that the detente would mean an end to the U.S. “wet foot/dry foot” immigration policy allowing Cubans who reached U.S. soil to remain in the country.

Conclusion

The Cuban government clearly has concluded that an accord with the U.S. was in Cuba’s national interest. It potentially reduces, if not eliminates, a feared hostile U.S. intervention. It should lead to increased U.S. investment in Cuba and increased U.S. tourism, all benefiting the Cuban economy and the economic lives of many of its citizens. Such positive impacts will be enhanced by the anticipated abolition of the U.S. embargo or blockade of the island. These considerations for Cuba presumably were enhanced by the increasing economic troubles, if not possible  implosion, of Venezuela, which has been a major Cuban benefactor.

On the other hand, the Cuban government has recognized, as has the U.S., that there are many difficult problems that have accumulated over the last 50-plus years that must be addressed, but will not be easy to resolve.

I concur in the observations of the previously mentioned journalists that most Cubans have warm feelings toward the American people and culture and are hopeful that the accord will result in improvements in their daily lives.

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[1] Reuters, Cuba’s Castro Hails New Era of Living Together with U.S., N.Y. Times (Dec. 18, 2014); Cave, Raúl Castro Thanks U.S., but Reaffirms Communist Rule in Cuba, N.Y. Times (Dec. 20, 2014);  Reuters, Cuba Says U.S.Must Respect Its Communist System, N.Y. Times (Dec. 20, 2014); Assoc. Press, Cuba Digs in Heels on Concessions as Part of Better US Ties, N.Y. Times (Jan. 25, 2015); Burnett, Fidel Castro Shares Views on Warming of Relations, N.Y. Times (Jan. 27, 2015); President Raúl Castro speaks to third CELAC Summit in Costa Rica, Granma (Jan. 29, 2015); Assoc. Press, Raul Castro: US Must Return Guantanamo for Normal Relations, N.Y. Times (Jan. 28, 2015); Reuters, Raul Castro Warns U.S. Against Meddling in Cuba’s Affairs, N.Y. Times (Jan. 28, 2015), Escobar, The blockade has not ended, Granma (Feb. 2, 2015) (extensive interview of Josefina Vidal); Reuters, Cuba Sounds Warning Ahead of Next Round of U.S. Talks, N.Y. Times (Feb. 3, 2015); Reuters, Exclusive–U.S. Pressing Cuba to Restore Diplomatic Ties before April: Officials, N.Y.Times (Feb. 6, 2015).

[2] Assoc. Press, Hope and Some Fear in Cuba Amid Thaw with US, N.Y. Times (Dec. 18, 2014); Hernandez, Cuba overjoyed, Granma (Dec. 18, 2014); Assoc. Press, Coast Guard Reports Surge in Cubans Trying to Reach Florida, N.Y. Times (Jan. 5, 2015); Neuman, Cuban Road Trip: Reporter’s Notebook, N. Y. Times (Jan. 7, 2015); Assoc. Press, Freed Cuban Dissidents Praise Detente, Pledge Push for Change, N.Y. Times (Jan. 13, 2015); Adams, Cubans Look Fondly to U.S. as Talks to Resume Relations Start, N.Y. Times (Jan.21, 2015); Assoc. Press, For First-Time Visitor, Havana Is Charming-And Complicated, N.Y. Times (Jan. 24, 2015); DeYoung, As normalization talks begin, Cubans begin anticipating challenges to come, Wash. Post (Jan. 24, 2015); Miroff, Fear of immigration policy change triggers new wave of Cuban migrants, Wash. Post (Jan. 27, 2015); U.S. Senate Foreign Relations Committee, Subcommittee on Western Hemisphere, Hearing: Understanding the Impact of U.S. Policy changes on Human Rights and Democracy in Cuba (Feb. 3, 2015).

U.S. Congressional Meetings in Havana

A prior post reported about the planned meetings in Havana of a delegation of congressional Democrats led by Senator Patrick Leahy. Now we have news of what happened on their three-day trip.

Leahy in cuba

Here is a photo of the delegation in Havana (left to right): Representative Chris Van Hollen, Senator Sheldon Whitehouse, Senator Debbie Stabenow, Representative Peter Welch and Senator Patrick Leahy. (Senator Richard Durbin is the other member of the delegation.)

On Saturday, January 17th, they “met with officials from Cuba’s Culture Ministry in order to discuss possible Cuban participation in the Smithsonian Institution’s Folklife Festival, a summer celebration of traditional art and culture on Washington’s National Mall.

On Sunday, January 18th, they met with more than a dozen dissidents including critics of the 18-month-old secret negotiations that led to last month’s announcement. All but two of them expressed support for the opening.

One of these two, Antonio Rodiles, said it “was a friendly meeting, they heard the different positions, but the senators are very much in favor of Obama’s measures and want to hear that we agree.” Rodiles, however, criticized the Obama administration for failing to win enough guarantees of reform from the Cuban government. “I said the process [of negotiating the U.S.-Cuba accords] took place without transparency or taking the full range of opinions into account.”

Another dissident, Elizardo Sanchez, head of the Cuban Human Rights and National Reconciliation Commission, a Cuban non-governmental organization tracking political detentions, said that the Cubans at the meeting “had delivered a list of 24 long-term prisoners whom they wanted to see released in addition to the 53 on the Obama administration’s list.”

US-Cuba mtg

On Monday, January 19th, the U.S. delegation met “for several hours with Foreign Minister Bruno Rodriguez Parrilla, who told the legislators that Cuba welcomed President Obama’s loosening of the U.S. trade embargo, which would permit more travel to Cuba and economic links including exports of telecommunications equipment and wholesale goods for use by the country’s small private sector.” According to Leahy, Rodriguez is “open to every issue from trade to communications. He talked about the travel back and forth, medical issues. Name an issue, he’s involved.” (To the right is a photo of this meeting.)

Also participating in this meeting were Josefina Vidal Ferreiro, the Director General of the North American Division of Cuba’s Foreign Ministry, and Cuba’ chief diplomat at the Cuban Interests Section in Washington, José Ramón Cabañas, the latter of whom visited Minneapolis’ Westminster Presbyterian Church last October.

The U.S. legislators also had hoped to meet with Cuban President Raúl Castro, but that did not happen apparently because the Americans had met with Cuban dissidents on Sunday.

 

 

 

 

 

U.S. Imprisonment of “The Cuban Five” and Their Recent Releases from U.S. Prison

On December 17th U.S. President Barack Obama commuted the sentences of three Cuban spies to time served and released and returned them to Cuba. They are Antonio Guerrero, 56, a U.S. citizen; Ramón Labañino, 51; and Gerardo Hernández, 49.

Antonio Guerero
Antonio Guerero
Ramón Labańino
Ramón Labańino
Gerardo Herńandez
Gerardo Herńandez

They were known as members of “the Cuban Five,”  a Cuban spy ring in South Florida in the 1990s that infiltrated Cuban-exile groups and U.S. military installations.[1] They, along with other members of the ring, tried to make themselves indispensable to the exile groups whose secrets they stole. One of the operatives worked at the Naval Air Station in Key West, while another worked undercover in Tampa.

Once their cover was blown and federal agents smashed the ring, they were arrested and jailed on September 2, 1998. Several of its members pleaded guilty to various charges, but the Cuban Five instead went to trial, starting in November 2000 and concluding in June 20001. They were convicted on all charges and sentenced in December 2001 to long prison terms although two of them after completion of their sentences were released from prison and returned to Cuba in 2013 and 2014.

Mr. Guerrero, who was born in South Florida and studied engineering in Ukraine, was originally sentenced to life plus 10 years, but later was re-sentenced to 21 years plus 10 months (262 months). Mr. Labañino is a native of Havana who studied economics at the University of Havana. Originally sentenced to life plus 18 years, he later was resentenced to 30 years.

Mr. Hernández was the only one of the group convicted of conspiracy to commit murder and sentenced to two life sentences plus 15 years. American investigators accused him of having previous knowledge of the Castro government’s plans in 1966 to shoot down two Cuba-exile organization private planes that regularly flew missions from the U.S. near Cuba, killing four anti-Castro volunteers.

A fuller understanding of the Cuban Five and the recent release of the three Cuban men from U.S. prison requires an examination of (a) the events that precipitated the downing of the two planes; (b) the actions of the Cuban Five relating to those events; (c) the long, complicated history of their criminal case in U.S. federal courts; and (d) reactions to the commutation of  the three men’s sentences and their release from U.S. prison and return to Cuba.

Precipitating Events

According to one of the judges in the latest 11th Circuit decision that is discussed below, the trial evidence established that Brothers to the Rescue (“BTTR”), an anti-Castro Cuban exile group in Miami, repeatedly and knowingly had violated Cuban airspace since 1994. Here are some of the details:[2]

  • In 1994 a BTTR flight flew near the Cuban coast with a television reporter who filmed Cuban military fighter jets circling, but not firing at the BTTR plane.
  • Later in 1994, another BTTR plane flew over Cuba near Guantanamo Bay and dropped BTTR bumper stickers, and again Cuba did not fire at the plane.
  • In 1995 BTTR announced that it would commit civil disobedience in Cuban waters, and in response the U.S. State Department issued a public warning that no one should violate Cuban waters and airspace. Nevertheless BTTR proceeded to send a boat into Cuban waters and a plane flew over Havana for 13 minutes dropping anti-Castro leaflets and religious medals. Again the Cuban military did not attack the BTTR plane. [3]
  • Immediately afterwards the Cuban Government complained to the U.S. FAA and requested action to prevent violations of Cuban sovereignty and stated, “Any craft proceeding from the exterior that invades by force our sovereign waters could be sunk and any aircraft downed.” In response the U.S. State Department reiterated its warning that U.S. planes should not violate Cuban airspace and quoted the Cuban warning.
  • Nevertheless in January 1996 BTTR flew twice to Cuba and presumably over international waters dropped anti-Castro leaflets that landed in Havana. Again Cuba requested the U.S. to stop these flights. [4]

On February 24, 1996, three light civilian U.S. planes that were operated by BTTR flew from Miami to Havana. All three at one time were in international airspace close to Cuba’s territorial waters. One of them clearly flew into Cuban airspace, but was not shot down. The other two civilian planes were shot down by Cuban MIG fighters, killing three Cuban-American citizens and one non-U.S. citizen. Cuba defended its actions by contending that the planes were shot down within the territorial limits of Cuba whereas the U.S alleged that the downings had occurred over international airspace.[5] According to one of the judges in the latest 11th Circuit opinion, these two planes did not enter Cuban airspace and were shot down in international airspace, 4.8 and 9.5 miles (land miles or nautical miles?] from Cuban airspace.[6]

The concept of national and international airspace is complicated. National airspace is the area or portion of the atmosphere above a country’s territory that is controlled by that country and above a country’s territorial waters, which generally are considered to be 12 nautical miles [or about 13.8 land miles] out from the coastline of the nation. All other airspace is known as ‘international airspace.’

In any event, the two planes that were shot down were at least very close to Cuban airspace after a history of such planes entering Cuban airspace and dropping leaflets and medals and potentially dropping bombs.

On December 17, 1997, a U.S. district court entered a default judgment against Cuba for $187 million for the deaths of three of the four pilots.[7]

The Cuban Five’s Actions

The Cuban Five were not directly involved in any of the above incidents. They did not shoot down the private plane on February 24, 1996. They were not in any of the Cuban MIG fighter jets that were involved in that incident.

Instead, according to the latest 11th Circuit opinion that is discussed below, the evidence at trial established that the Five were in the U.S. as agents of the Cuban Directorate of Intelligence and members of its Wasp Network that was organized for espionage in southern Florida. The Network was to gather and report information regarding operations of U.S. military facilities, U.S. political and law enforcement agencies and U.S. nongovernmental organizations supporting regime change in Cuba, including BTTR. To that end, the Five attempted to penetrate the Miami facility of the U.S. Military’s Southern Command while one of the Five obtained employment at the Key West U.S. Naval Air Station and reported information about the Station to the Cuban Government. [8]

The 11th Circuit also stated that the trial evidence established that the mission of one of the Wasp Network’s operations, known as Operation Escorpion, was to stop flights to Cuba by BTRR.

According to the Cuban Government, the Cuban Five are patriots and Heroes of the Cuban Revolution who were acting to save American and Cuban lives from terrorists operating in Miami and to defend Cuba from attacks from the U.S.

What Happened in the U.S. Criminal Process?

In September 1998, the Cuban Five were arrested in Miami. A federal grand jury in Miami indicted them on charges of conspiracy to commit murder (of the four pilots); conspiracy to commit espionage; conspiracy to commit crimes against the U.S.; use of false identity and documentation; and being unregistered agents of a foreign government. Each of them then spent 17 months in solitary confinement before trial.[9]

In November 2000, the trial of the Cuban Five started in federal court in Miami. During the course of pre-trial proceedings the defense made five unsuccessful motions to change venue to move the trial away from Miami because of intense public hostility towards the Cuban Five.

In June 2001 the trial ended in Miami federal court with a jury verdict holding the Cuban Five guilty on all counts.[10] As none of the Cuban Five had been directly involved in shooting down the airplane in 1996, the key legal issue on the conspiracy to commit murder of three men who died in the airplane’s crash was the U.S. legal principle of conspiracy. Under U.S. law (U.S.C. sec. 1117), “If two or more persons conspire to [murder], and one or more of such persons do any overt act to effect the object of the conspiracy, each shall be punished by imprisonment for any term of years or for life.” In simple terms, the overt act of shooting down the plane is attributed or imputed to all members of the conspiracy even though some were not directly involved in that act.

In December 2001 (three months after 9/11), the Miami federal court sentenced the Cuban Five to the previously mentioned sentences. [11] (At about the same time, the Cuban legislature declared that the Five were Heroes of the Revolution.)

In August 2005, a three-judge panel of the U.S. Circuit Court of Appeals for the Eleventh Circuit in Atlanta unanimously reversed the convictions on the ground that is was reversible error for the trial court to deny the motions for change of venue out of Miami.[12]

A year later, August 2006, however, the entire 11th Circuit en banc, 10 to 2, overturned the panel’s decision and affirmed the trial court’s denial of the motions for change of venue and for a new trial, but remanded the case to the previous three-judge panel of the 11th Circuit to decide the following other issues on appeal:[13]

  • alleged prosecutorial misconduct regarding the testimony of a government witness and during closing argument;
  • alleged improper use of the Classified Information Procedures Act;
  • alleged improper denial of a motion to suppress fruits of searches under the Foreign Intelligence Surveillance Act;
  • alleged Batson violations by the prosecution in striking prospective jurors on the basis of race;
  • alleged insufficiency of the evidence regarding the conspiracy to transmit national defense information to Cuba, alleged violations of the Foreign Services Registration Act, and conspiracy to commit murder;
  • alleged improper denial of a motion to dismiss Count 3 based on Foreign Sovereign Immunities Act jurisdictional grounds;
  • alleged improper denial of jury instructions regarding specific intent, necessity, and justification; and
  • alleged sentencing errors.

On June 4, 2008, that three-judge panel of the 11th Circuit resolved these issues in 99 pages of opinions. With one exception, the panel unanimously rejected all of the Five’s arguments on the merits.[14] The exception was the sufficiency of the evidence for the conviction of Hernandez for conspiracy to commit murder, where the decision to affirm the conviction was 2 to 1. The dissenter concluded that there was insufficient evidence for this charge because the Government had not proved beyond a reasonable doubt that he had agreed to have another agent shoot down a BTTR plane in international airspace, which is illegal, as opposed to shooting down a plane in Cuban airspace, which is legal. Another judge conceded that this issue was very close.[15]

The three-judge court also vacated the sentences of three of the Five and remanded the case forresentencing, presumably for shorter periods. The three are Labañino and Guerrero who had been sentenced to life imprisonment and Gonzalez who had received a 19 years sentence.[16]

On September 2, 2008, the 11th Circuit denied the Five’s petition for rehearing and rehearing en banc (the entire 11th Circuit). On June 15, 2009, the U.S. Supreme Court denied their petition for review (denial of certiorari).[17]

On October 13, 2009, the district court reduced the sentence of Guerrero, under an agreement between the defendant and the prosecution, from life to 262 months. On December 8, 2009, the district court reduced the sentence of Labañino from life to 30 years. On that same date (December 8, 2009), the sentence of Gonzalez was reduced from 19 years to 18 years.[18] Gonzalez subsequently completed his sentence and was returned to Cuba.

After their resentencing, the three Cubans released a statement reiterating their claims of innocence and affirming, ¨We did not give one inch in our principles, decorum and honor, always defending our innocence and the dignity of our homeland.¨in addition, they asserted that they continued to reject the U.S. government´s proposal for more lenient sentences in exchange for collaboration with the U.S.¨[19]

Reactions to the Release of the Three Cubans

When the three men  returned to Cuba on December 18th after their release from U.S. prison, they were welcomed home by Cuban President Raúl Castro. A Cuban reporter said of this celebration, “The Cuban sky, which they had so longed to see, offered the first welcome to our heroes, then the breeze, the feeling of freedom… hard for their eyes to believe what was unfolding before them, hard for their hearts to bear so much joy, to see the radiant, euphoric people opening their arms to their sons, and offering them a cup of coffee. Eleven million tears were shed as the news was announced, and the photos began to appear, with Raúl welcoming them to the homeland. Who didn’t feel goosebumps along with Elizabeth as she embraced [her husband] Ramón. Who was not moved as Gerardo gazed into [his wife] Adriana’s face, and who did not feel the warmth shared by Mirta and her son Tony [upon seeing her husband Antonio Guerrero]… And what an avalanche of emotions hearing the exclamations, including, “Para lo que sea”, (For whatever may be needed), offering an exemplary lesson of genuine patriotism. Outside, in the streets, a sea of human beings welcomed them home, every corner of the nation was full of joy. Feeling the country’s greatness, it is no lie that Cubans feel our hearts swelling.”

Afterwards the three had a joyous reunion with their previously released fellow Cuban Five members.

Members of the Cuban-exile community in Florida reportedly were most upset with the release of Hernandez.  Given his conviction for conspiracy to murder and his double life sentence plus 15 years, that reaction is understandable. On the other hand, he personally did not shoot down the two BTTR planes causing the death of their occupants and was not personally involved in any other way in that incident. In addition, as at least one U.S. judge observed, there was evidence that  Hernandez did not understand or agree that the Cuban air force would shoot down a BTTR plane in international air space, which is illegal, as opposed to shooting down such a plane if it entered Cuban air space, which is legal. Moreover, Cuba had protested the prior BTTR flights to the U.S. authorities and asked the U.S. to stop such flights. Finally Hernandez had been in U.S. jail and prison for over 16 years, which is a significant punishment. Therefore, it should be possible to understand that he is not as evil as suggested by his being labeled as a convicted murderer or as a convicted murder conspirator.

The other two–Guerrero and Labañino–after 16 years in jail and prison were nearing the end of their sentences, and the commutation of their sentences to time served seemed to be less controversial to the Cuban-exile community in Florida.  They already had served their sentences in substantial part.

For this blogger, I see the commutation of the sentences of Hernandez and the other two Cubans and their release from U.S. prison and  return to Cuba as the price that had to be paid by the U.S. in order to obtain Cuba’s simultaneous release of the U.S. spy from Cuban prison. He was Rolando Sarraff Trujillo, a Cuban who was a cryptologist in Cuba’s Directorate of Intelligence. He had provided U.S. officials with the codes being used by the Cuban Five and the other members of the Wasp Network that lead to their being arrested in 1998. (Mazzetti, Schmidt & Robles, Crucial Spy in Cuba Paid a Heavy Cold War Price, N.Y. Times (Dec. 18, 2014); Assoc. Press, Spy’s Parents Search for Son After Cuba-U.S. Deal, N.Y. Times (Dec. 18, 2014).) Supposedly unrelated was Cuba’s simultaneous release of U.S. citizen Alan Gross. Obtaining Cuba’s releases of these prisoners and achieving the overall U.S.-Cuba agreement to normalize diplomatic relations and to start resolving the many bilateral issues that have accumulated over the last fifty-plus years are significant. These benefits alone, in my judgment, justify the commutations and releases of the last three of the Cuban Five.

Moreover, the previous discussion of the precipitating circumstances to the downing of the two BTTR planes and the deaths of their four occupants should help us see the Cuban perspective. The island was being threatened by previous BTTR flights and had raised legitimate complaints to U.S. authorities about those flights, all to no avail. As a result, the Cuban government was left to its own devices to protect itself, including trying to obtain information about future BTTR flights with the Wasp Network investigations of the BTTR in Florida. Moreover, the exact location of the planes when they were shot down was disputed with the Cubans asserting it was in Cuban territorial air space, which was legal. These considerations, in my opinion, provide additional reasons justifying the U.S. commutations and releases.

As a retired lawyer whose practice involved extensive experience in litigating civil cases in U.S. federal courts, I have a general respect for those courts and the U.S. civil and criminal judicial procedures, and  the prior discussion of the Cuban Five´s case in those courts convinces me that the Five had competent and dedicated defense lawyers. I have not attempted a review of the extensive trial record in order to reach my own conclusions on the legitimacy of the many complaints raised about that trial by the Cuban Five support network, by the U.N. Working Group on Arbitrary Detentions and by the amicus curiae briefs submitted to the U.S. Supreme Court from Nobel laureates, international human rights groups and a former U.N. High Commissioner for Human Rights and President of Ireland, Mary Robinson. Nevertheless, the mere existence of those complaints and concerns, without investigating or conceding their merits, are other factors that support, in my judgment, the commutations and releases of the three Cubans by eliminating these international and domestic irritants.

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[1] They are Antonio Guerrero Rodriguez, Fernando Gonzalez Llort (Rueben Campa), Gerardo Hernandez Nordelo (Manuel Viramontes), Ramón Labañino Salazar (Luis Medina) and Rene Gonzalez Sechweret. The “Cuban 5” website gives a lot of information about them and their case. http://www.thecuban5.org/who-are-the-cuban-5/

[2] Slip Opinions at 84-90, United States v. Campa, 529 F.3d 980 (11th Cir. June 4, 2008) (J. Kravitch, concurring and dissenting).

[3] Rohter, Exiles Say Cuba Downed 2 Planes and Clinton Expresses Outrage, N.Y. Times, Feb. 25, 1996.

[4] Rohter, Exiles Say Cuba Downed 2 Planes and Clinton Expresses Outrage, N.Y. Times, Feb. 25, 1996.

[5] Rohter, Exiles Say Cuba Downed 2 Planes and Clinton Expresses Outrage, N.Y. Times, Feb. 25, 1996; Rohter, Cuba Blames U.S. in Downing of Planes, N. Y. Times, Feb. 27, 1996; Crossette, U.S. Says Cubans Knew They Fired on Civilian Planes, N. Y. Times, Feb. 28, 1996; Crossette, Cuba, Citing Earlier Intrusions, Defends Downing of 2 Cessnas, N. Y. Times, March 7, 1996.

[6] Slip Opinions at 90, United States v. Campa, No. 01-17176 (11th Cir. June 4, 2008) (J. Kravitch, concurring and dissenting), http://www.ca11.uscourts.gov/opinions/ops/200117176.opn3.pdf.

[7] Navarro, U.S. Judge Assesses Cuba $187 Million in Deaths of 4 Pilots, N. Y. Times, Dec. 18, 1997.

[8] Slip Opinions at 3-6, United States v. Campa, No. 01-17176 (11th Cir. June 4, 2008), http://www.ca11.uscourts.gov/opinions/ops/200117176.opn3.pdf.

[9] E.g., Cuban Five, http://en.wikipedia.org/wiki/Cuban_Five; The incredible story of five men imprisoned in the United States for fighting terrorism, Judtyicia/Justice.

[10] Id.; Atlanta and the Cuban Five: A Long March Towards Justice at 1-31 (Editora Politica: Havana, 2005)[“Atlanta“]; Fernandez, United States vs. The Cuban Five: a judicial cover-up at 1-134 (Editorial Capitan San Luis: Havana 2006)[“Fernandez“]; The Perfect Storm: The Case of the Cuban Five at 85-108 (Editora Politica: Havana, 2005) [“Storm“].

[11] Id.; Atlanta at 32-51; Fernandez at 135-82; Storm at 108-09, 149-63.

[12] United States v. Campa, 419 F.3d 1219 (11th Cir. 2005) (No. 01-17176), vacated & ordered to be heard en banc, 429 F.3d 1011 (11th Cir. 2005).

[13] United States v. Campa, 459 F.3d 1121, 1126 n.1 (11th Cir. 2006)

[14] Slip Opinions at 4, 6-63, 84, United States v. Campa, No. 01-17176 (11th Cir. June 4, 2008), http://www.ca11.uscourts.gov/opinions/ops/200117176.opn3.pdf.

[15] Slip Opinions at 83-99, United States v. Campa, No. 01-17176 (11th Cir. June 4, 2008), http://www.ca11.uscourts.gov/opinions/ops/200117176.opn3.pdf.

[16] Slip Opinions at 63-82, United States v. Campa, No. 01-17176 (11th Cir. June 4, 2008), http://www.ca11.uscourts.gov/opinions/ops/200117176.opn3.pdf.

[17] Campa v. United States, No. 08-987 (U.S. Sup. Ct. June 15, 2009).

[18] Anderson, Deal gives man accused in Cuban Five spy case reduced sentence, Miami Herald, Oct. 10, 2009; Urbina, Judge Reduces Sentence for One of Cuban Five, N.Y. Times, Oct. 13, 2009, ; Anderson, Cubans get reduced sentences for spying in US, Washington Post, Dec. 8, 2009; BBC News, US cuts Cuban spies’ jail terms, Dec. 12, 2009.

[19] Statement by Antonio, Rámon and Fernando: We will continue until the final victory, Granma (Dec. 9, 2009); The U. S. administration was forced to recognize that we did not endanger national security, Granma (Dec. 9, 2009).

Praise God for Leading U.S. and Cuba to Reconciliation

God acting through people of Christian faith has been leading the U.S. and Cuba to reconciliation and promises to be with the people of both countries as they confront the many issues and challenges in achieving full reconciliation.

Roman Catholic Church

Principal agents for God have been and are the Roman Catholic Church and Pope Francis.The Vatican’s role predated Pope Francis. Two of his predecessors, Pope John Paul II and Pope Benedict XVI, visited Cuba in 1998 and 2012 respectively, and the church remains hugely influential among Cubans. The Obama administration first sought to enlist the Vatican’s support when Pope Benedict XVI was in office. It worked even more actively with the Vatican after Pope Francis came to the Vatican in 2013. The pope’s new secretary of state, Cardinal Pietro Parolin, an Italian, had served as papal nuncio in Venezuela and was well versed in Latin America politics. Mr. Kerry was also in contact with the Cardinal, meeting him at the Vatican in June of this year and again a week ago.

Most significantly, as has been widely reported, Pope Francis of the Roman Catholic Church acted as a mediator to help the parties.[1]

This was verified in the Vatican’s Secretary of State’s December 17th statement, in which the Pope “wishes to express his warm congratulations for the historic decision taken by the Governments of the United States of America and Cuba to establish diplomatic relations, with the aim of overcoming, in the interest of the citizens of both countries, the difficulties which have marked their recent history.” The statement also provided the following details:

  • “In recent months, Pope Francis wrote letters to the President of the Republic of Cuba, His Excellency Mr Raúl Castro, and the President of the United States, The Honorable Barack H. Obama, and invited them to resolve humanitarian questions of common interest, including the situation of certain prisoners, in order to initiate a new phase in relations between the two Parties.”
  • “The Holy See received Delegations of the two countries in the Vatican last October and provided its good offices to facilitate a constructive dialogue on delicate matters, resulting in solutions acceptable to both Parties.”
  • “The Holy See will continue to assure its support for initiatives which both nations will undertake to strengthen their bilateral relations and promote the wellbeing of their respective citizens.”

President Obama in his December 17th televised speech announcing this important initiative acknowledged that “His Holiness Pope Francis” had supported these measures and thanked the Pope, “whose moral example shows us the importance of pursuing the world as it should be, rather than simply settling for the world as it is.” In particular, the President said, “His Holiness Pope Francis issued a personal appeal to me and to Cuban President Raul Castro urging us to resolve Alan [Gross]’s case and to address Cuba’s interest in the release of three Cuban agents who have been jailed in the United States for over 15 years.”

Similarly Cuban President Raúl Castro in his televised remarks to the Cuban people said, “I wish to thank and acknowledge the support of the Vatican, most particularly the support of Pope Francisco, in the efforts for improving relations between Cuba and the United States.”

Subsequent reports and research reveals some of the details of the Pope Francis’ involvement.[2]

Obama & Pope
Obama & Pope

On March 27, 2014, the Vatican reported that President Obama “was received in audience by His Holiness Pope Francis, after which Obama met with His Eminence Cardinal Pietro Parolin, Secretary of State, and Archbishop Dominique Mamberti, Secretary for Relations with States. During the cordial meetings, views were exchanged on some current international themes and it was hoped that, in areas of conflict, there would be respect for humanitarian and international law and a negotiated solution between the parties involved.” Presumably this was U.S.-Cuba relations.

Immediately after the Audience, at a joint news conference with Matteo Renzi, the prime minister of Italy, President Obama made comments that in retrospect might have alluded to conversations about Cuba. The President said the Pope and he “had a wide-ranging discussion.“[W]e spent a lot of time talking about the challenges of conflict and how elusive peace is around the world. . . . [W]e also touched on regions like Latin America, where there’s been tremendous progress in many countries, but there’s been less progress in others. . . . [T]he theme that stitched our conversation together was a belief that in politics and in life the quality of empathy, the ability to stand in somebody else’s shoes and to care for someone even if they don’t look like you or talk like you or share your philosophy — that that’s critical.  It’s the lack of empathy that makes it very easy for us to plunge into wars.  It’s the lack of empathy that allows us to ignore the homeless on the streets.  And obviously central to my Christian faith is a belief in treating others as I’d have them treat me.  And . . . [what has] created so much love and excitement for His Holiness has been that he seems to live this, and shows that joy continuously.” The President added, “ I was extremely moved by his insights about the importance of us all having a moral perspective on world problems and not simply thinking in terms of our own narrow self-interests.”

More recently a U.S. administration official said that at the Audience, President Obama spoke about Cuba with Pope Francis, who was “aware” that Obama was considering a change in the policy against Cuba and reached out to the President. Indeed, according to this official, Cuba was the at the center of the discussion.

Soon after the March Audience, Pope Francis sent the two presidents letters, appealing to both to keep pushing for an agreement. In June the Pope sent another letter to the two men calling on them to resolve the case of Alan Gross and the cases of the three Cubans who have been imprisoned here in the United States and also encouraging the United States and Cuba to pursue a closer relationship. . . . The letter from Pope Francis “gave us greater impetus and momentum for us to move forward. ” This appeal from the Pope was ‘very rare’ and unprecedented.

The Vatican then hosted the US and Cuban delegations in October when the parties were able to review the commitments that they to make on December 17th.” The Pope, U.S. officials said, acted as a “guarantor” that both sides would live up to the terms of a deal reached in secret.

According to a New York Times article, Cardinal Jaime Ortega, the archbishop of Havana, also happened to be in Rome on October 3 and met with Francis, according to Vatican records, raising the possibility that he, too, attended the secret October meeting that is credited with sealing the diplomatic deal.’Ortega has always pushed for a gradual reform of the regime, for opening up, but at the same time he has been a trustworthy partner for the government — and with the full support of John Paul II, Benedict and Francis,’ said Marco Politi, an author and veteran Vatican analyst.”

An article by Juan Arias in El Pais, Spain’s leading newspaper, said Pope Francis “is only and always in favor of dialogue and peace, promote respect for all. Rescue the true dignity of the human being who is the subject of respect, travel partner, defender of life, rather than exploited, a commodity at the mercy of all who pay for it. In the world, managing the common good and the fight against injustice will inevitably present policy questions.” .

In the same vein, a Vatican spokesman said, in a December 18th interview with a Fox News interview, the Vatican has a culture of encounter the says it is better to be talking, rather than not talking, with another individual or country in the Vatican tradition of confidential diplomacy. Such a practice does not solve everything, but it opens up relations.

Another overall evaluation of Pope Francis’s diplomacy from the New York Times starts with his comments on December 18th to a new corps of diplomats to the Vatican, ” The work of an ambassador lies in small steps, small things, but they always end up making peace, bringing closer the hearts of people, sowing brotherhood among people. This is your job, but with little things, tiny things.” On the other hand, Francis has a “vision of diplomatic boldness, a willingness to take risks and insert the Vatican into diplomatic disputes, especially where it can act as an independent broker.”

Francis Campbell, a former British ambassador to the Holy See, adds that Francis had embraced the bully pulpit provided by the papacy. “The papacy is one of the world’s great opinion formers. Whether people agree with it or disagree with it, it has a huge voice.”

Another change under Francis is “appointing diplomats to key posts elsewhere, most notably his second-in-command, Secretary of State Pietro Parolin, an Italian cardinal who has led delicate Vatican negotiations with Vietnam and served as apostolic nuncio, or ambassador, in Venezuela.” Moreover, Francis and Cardinal Parolin are seen as working in tandem — the charismatic pope and the methodical diplomat. . . .  Paolo Rodari, a Vatican expert at La Repubblica, an Italian newspaper, added that Francis had quickly built a rapport with world leaders. ‘He establishes relationships very easily.”

Additional insight into Pope Francis’ mediation of this situation is prompted by the Associated Press’ rediscovery of his 1998 booklet, “Dialogues between John Paul II and Fidel Castro,” written while the Pope was still Jorge Mario Bergoglio. Soon to be named archbishop of Buenos Aires, he attended Pope John Paul II’s visit to Cuba.“In the booklet, Bergoglio harshly criticized socialism — and by extension Castro’s atheist revolution — for denying individuals their ‘transcendent dignity’ and putting them solely at the service of the state. At the same time, he denounced the U.S. embargo and economic isolation of Cuba that impoverished the island. ‘The Cuban people must overcome this isolation’. . . . [T]he first chapter titled ‘The value of dialogue’ . . . [says] that dialogue was the only way to end Cuba’s isolation and its hostility to the Catholic Church while promoting democracy.

This booklet was referenced by Austen Ivereigh in his new biography of Francis “The Great Reformer.” Ivereigh said Bergoglio “demonstrated an ‘incredibly evenhanded’ approach to the Cuban problem while outlining a future for the island that may well be more realistic now that the thaw has begun.” Pope Francis “sees Cuba’s future as being a democratic government rooted in the Christian, humanist values of the Cuban pueblo. It’s a kind of nationalist Catholic understanding of politics, neither left nor right, neither communism nor unadulterated market capitalism.”

Everyone in the world should be grateful that we have Pope Francis as a servant of God.

Presbyterian Church

As a member of Minneapolis’ Westminster Presbyterian Church, which has had a partnership with a sister church in Cuba, I join in the declaration by my brothers and sisters of LA IGLESIA PRESBITERIANA-REFORMADA EN CUBA (the Presbyterian-Reformed Church of Cuba) regarding the historic launching of this path of reconciliation that was signed by Dr. Reinerio Arce Valentin, the Moderator and my personal friend; Rev. Daniel Izquierdo Hernández, Secretary-General; Rev. Francisco Marrero Gutiérrez, Council President; and Rev. Antonio (Tony) Aja, D. Min. They said:

  • “Today we witnessed the televised speeches by the Presidents of Cuba and the United States in which both rulers recognized the need to put an end to the hostility of more than half a century and to re-establish Diplomatic relations between our two countries, which hopefully will lead to the normalization of relations. It was also gratifying to hear the news of the release of Mr. Alan Gross and others imprisoned in Cuba, as well as the release of the three Cuban prisoners in the U.S. American, which allows family reunification.”
  • Our church “gives thanks to God and celebrates with joy these agreements. For decades we have been encouraged with the exchange of visits between Cuban and American churches. We are in deep gratitude to the evangelical ideal to seek peace and justice, and we raised Our Voice against the severe measures, both economic and commercial, that have been imposed by American policy on our peoples.“
  • “In the same way we have received such support from our sister church, Presbyterian Church (U.S.A.), and from resolutions and talks official with leaders of the U.S. Congress and representatives of the U.S. government.”
  • “We acknowledge the efforts of the Vatican, in the person of Pope Francis, as well as the government of Canada in the achievement of these agreements. We hope that we are closer to an era of peace between our nations, it is precisely on the eve of the celebration of the Christmas which reminds us of the divine purpose of peace and Goodwill in our land.
  • “Glory to God in the highest heaven, and on earth peace among those whom he favors.” (Luke 2:14. NRSV).

The Stated Clerk of the Presbyterian Church (U.S.A.) [PCUSA], Gradye Parsons, made a similar statement. He said, “we welcome the historic steps taken by President Obama on normalizing diplomatic relations with Cuba.” The PCUSA ‘has been working for more than 30 years to help ease the hardships caused by the United States’ economic embargo on Cuba and to end the embargo itself.” We also have “emphasized [with the U.S. government] the humanitarian reasons for the release of Alan Gross and the three Cuban prisoners.” This set of decisions “also takes us closer to a day when our two peoples will have no impediments to full and flourishing relations. We rejoice along with the Cuban Council of Churches and the Presbyterian Church of Cuba for the good news that will further the cause of peace and human rights around the world.”

Another statement was issued by Rev. Dr. J. Herbert Nelson, Director of PCUSA’s Office of Public Witness. He said, “The release of Alan Gross and the three Cuban prisoners is an example of how nations can find common ground.  When there is a will to live as true neighbors as Jesus Christ has taught us, we find a way towards justice and reconciliation.” The statement also noted that this Office “has organized religious delegations from Cuba, led a coalition of denominations and faith-based organizations calling for a change in policy towards Cuba, and organized meetings with members of congress and the administration urging an opening of relations between the two countries.”

I also believe that Minneapolis’ Westminster Presbyterian Church has played a small role in these historic decisions. Our connections with Cuba, our members’ visits to the island, our Cuban brothers and sisters visiting us, our prayer partnerships with members of the Matanzas church, our installing four potable water systems in Cuban churches and our learning more about Cuba and its relations with our country have inspired many of us to urge our Government to change its policies toward the island.

Our potable water projects are part of the “Living Waters for the World” ministry of the PCUSA’s Synod of Living Waters for the States of Kentucky, Tennessee, Mississippi and Alabama. To date they have trained people from churches, primarily Presbyterian, all over the U.S. who have installed over 660 such systems in 25 other countries. Cuba has received 21 of the systems, four by my church.

The importance of such systems for the Cuban people and churches was noticed by a New York Times reporter on a visit to the 137,000-population city of Cardenas on the north coast of the island about 90 miles east of Havana. He says, “Many of the churches in Cardenas have become a moral and economic counterweight [to communism] . . . to help people survive, with food, water, and exercise classes, and by guiding their souls away from a focus on material things.” (Cave, Crucible of Cuban Zeal Redefines Revolutionary, N.Y. Times (Dec. 20, 2014).)

As an example, he cites El Fuerte Presbyterian Church which occupies a “religious campus” that used to house Escuela La Progressiva, a famous pre-revolutionary school. This church has become a “hub of activity for the community largely because of a sophisticated water filtration system carried into Cuba and installed in 2012 by members of St. Charles Avenue Presbyterian Church in New Orleans.”

Other Religious Organizations

I know that other churches and synagogues in Minnesota and all around the U.S. have connections with Cuba and am confident that they too have had similar transformative experiences with our Cuban brothers and sisters. Others without overt religious motivation also have been God’s agents for these changes; here I think specifically of the support groups for the Cuban Five and for ending the U.S. embargo.

As the Bible says, “Now there are varieties of gifts, but the same Spirit; and there are varieties of services, but the same Lord; and there are varieties of activities, but it is the same God who activates all of them in everyone. To each is given the manifestation of the Spirit for the common good.” (1 Corinth. 12:4-7)(NRSV)

We lift all of them up in our prayers of gratitude.

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[1] An August 2012 post included my public letter to President Obama suggesting, among other things,“Perhaps such negotiations would be assisted by having the two countries agree to the appointment of a respected international mediator/conciliator to supervise the negotiations.”

[2] The President’s Audience and press conference about this and other topics were discussed in a prior post.