Senator Chuck Grassley’s Outrageous Conduct Regarding the Supreme Court Nomination of Merrick Garland 

 

Iowa Senator Charles (“Chuck”) Grassley, the current Chair of the Senate Judiciary Committee, is following the dictates of the Senate Majority Leader and his fellow Republican, Mitch McConnell, to not do anything with respect to President Obama’s Supreme Court nomination of Merrick Garland. Grassley’s conduct with respect to this nomination stands in sharp contrast to the rational argument for the nomination recently offered by President Obama as discussed in a prior post and in the White House’s website for the nomination.

Grassley started out this “do-nothingism” on what was a high note for him. Immediately after the announcement of the Garland nomination Grassley said “Article II, Section 2 [of the Constitution grants] the power to nominate an individual to the Supreme Court . . . to the President and authority is given to the Senate to provide advice and consent.  Nowhere in the Constitution does it describe how the Senate should either provide its consent or withhold its consent.” In addition, according to the Senator, “A majority of the Senate [the Republicans] has decided to fulfill its constitutional role of advice and consent by withholding support for the nomination during a presidential election year.”[1]

Grassley, therefore, has not submitted any questionnaire to the nominee, has refused to schedule any hearing on the nomination and has promised not to submit the nomination for a vote by the entire Senate. In addition, Grassley initially even refused to extend the courtesy of meeting with Judge Garland. Subsequently, however, Grassley said he would meet with Garland to tell him why Grassley was not supporting the nomination.[2]

Grassley Speech on Senate Floor

On April 5, Grassley escalated his obstructionism by an intemperate speech on the Senate floor criticizing Chief Justice Roberts for saying, 10 days before the death of Associate Justice Scalia and thus before the controversy over the Garland nomination: “When you have a sharply divided political divisive hearing process, it increases the danger that whoever comes out of it will be viewed in those terms.  You know if the Democrats and Republicans have been fighting so fiercely about whether you’re going to be confirmed, it’s natural for some members of the public to think, well, you must be identified in a particular way as a result of that process.” [3]

According to Grassley, “the Chief Justice has it exactly backwards.  The confirmation process doesn’t make the Justices appear political.  The confirmation process has gotten political precisely because the court has drifted from the constitutional text, and rendered decisions based instead on policy preferences. In short, the Justices themselves have gotten political.  And because the Justices’ decisions are often political and transgress their constitutional role, the process becomes more political.”

“In fact, many of my constituents believe, with all due respect, that the Chief Justice is part of this problem,” added Grassley. “And contrary to what the Chief Justice suggested, a major reason the confirmation process has become more divisive is that some of the Justices are voting too often based on politics and not on law.   If they’re going to be political actors after they’re confirmed, then the confirmation process necessarily will reflect that dynamic.”

This Grassley speech also criticized Roberts for trying to counter the perception by some Americans that the Court has become politicized. Said the Senator, “I think he is concerned with the wrong problem. He would be well served to address the reality, not perception, that too often there is little difference between the actions of the court and the actions of the political branches. So, physician, heal thyself.”

Reacting to this speech, Jeffrey Toobin of the New Yorker, said this speech “was close to breathtaking in its intemperate incoherence.” It included an “extended attack on Chief Justice John Roberts, who had recently expressed the unexceptional view that the Court should stay out of politics as much as possible.” According to Grassley, “The confirmation process has gotten political precisely because the Court has drifted from the constitutional text and rendered decisions based instead on policy preferences.” Presumably Grassley was referring to two cases upholding the Affordable Care Act that were written by Roberts.

An editorial in the Baltimore Sun had similar words of condemnation. It said that Grassley’s argument was “infantile” and “allows Mr. Grassley or any other self-appointed expert on constitutional law to make a similar claim every time a justice interprets the law in a manner that is not lock-step with the critic’s own. . . . Shame on Senator Grassley for suggesting that Justice Roberts has somehow betrayed the institution when it is the judiciary chairman who seems to be bent on rewriting the Constitution — not only to limit President Barack Obama’s authority to fill a court vacancy but now to imply that the chief justice has somehow sabotaged the court. . . . Iowa voters, take note: Your six-term senator deserves to be put out to pasture, if only for sheer soft-headedness.”[4]

Grassley Op-Ed in Des Moines Register

On April 10, in reaction to a Des Moines Register editorial objecting to the Senate’s obstruction of the nomination and probably to Iowa voters objecting to his “do-nothingism,” Grassley published an op-ed in that newspaper” to defend his position.[5]

He asserted that it was absurd to argue that somehow “the federal judiciary is debilitated without a ninth Supreme Court justice for a brief period of time.  As the [changing] numbers [of the Justices over time] make clear, the size of the court as Congress designed it over the years has frequently changed, and hasn’t left the court in disarray.” He continued, “The temporary impact of a split decision pales in comparison to the damage an election-year political brawl would cause the court and the country . . . . A nomination considered during this heated campaign season would be all about politics, not the Constitution.”

Grassley-Garland Breakfast Meeting

The Grassley-Garland meeting did happen over breakfast in the Senate Dining Room on April 12. After the one-hour breakfast, Grassley tweeted that the meeting has been “pleasant” as he explained to Judge Garland why the Senate would not be moving forward with his nomination. Later the Senator’s staff released a statement: “The meeting was cordial and pleasant. As he indicated last week, Grassley explained why the Senate won’t be moving forward during this hyper-partisan election year. Grassley thanked Judge Garland for his service.” [6]

Grassley ‘s Reaction to President Obama’s Statement About the Nomination

Later that same day, April 12, the Senator released a statement to be made on the Senate floor in response to President Obama’s comments at the University of Chicago Law School that were discussed in an earlier post.[7]

“[U]nlike the President, I think it’s a bad thing that there’s politics in judicial decision-making these days. Politics in judicial rulings means that something other than law forms the basis of those decisions. It means the judge is reading his or her own views into the Constitution.  Unlike the President, I believe the biggest threat to public confidence in the court is the justices’ willingness to permit their own personal politics to influence their decisions. “

According to Grassley and contrary to the President, “what’s in a judge’s ‘heart,” or their personal “perspective [and] ethics’ have no place in judicial decision-making” and ‘is totally at odds with our constitutional system.   We are a government of laws and not a government of judges.”

Said Grassley, “Politics belongs to us—it’s between the people and their elected representatives.  It’s important that judges don’t get involved in politics. That’s because, unlike senators, lifetime-appointed federal judges aren’t accountable to the people in elections.  It’s also because when nine unelected justices make decisions based on their own policy preferences, rather than constitutional text, they rob from the American people the ability to govern themselves.”

Conclusion

A negative assessment of the obstructions to the Garland nomination by Chairman Grassley and other Republican Senators has been provided by 15 former presidents of the American Bar Association (ABA) and by this blogger.

The ABA leaders asserted in a letter to Senate leaders that “there is no election-year exception” to the Senate’s advice and consent responsibilities in the Constitution, that Chief Judge Merrick Garland is “one of the most outstanding judges in the country” and that leaving the seat vacant “injects a degree of politics into the judicial branch that materially hampers the effective operation of our nation’s highest court.” Therefore, say the bar leaders, “The president has fulfilled his constitutional duty, and it is time for the members of the United States Senate to fulfill theirs by holding a fair hearing and timely vote.”[8]

Grassley’s previously cited op-ed made what, in this blogger’s opinion, is an absurd argument. He contended that with a vacancy on the Court this election year, “the American people have a unique opportunity to engage in a serious discussion about the meaning of our Constitution and the way justices read it.” So far there has not been any such serious discussion of this or any other issue and it is unrealistic to expect that there will be any difference during the remaining six-plus months of this election.

Moreover, Grassley who is not an attorney and who, to my knowledge, has never studied constitutional law, proceeds from an over-simplistic view of how cases present constitutional questions and how courts resolve them. He also ignores the Senate’s own interpretation of the relevant constitutional provisions by its consistent practice of holding hearings and votes on nominations even in election years. Finally Grassley errs in suggesting that issues of constitutional law should be submitted to the average voter, similarly unversed in constitutional law. Instead the constitutional system submits selection of judges to the President and the Senate, neither of which originally was elected directly by the people.[9] This system of judicial selection is one way to preserve the independence of the judiciary.

Although I now live and vote in Minnesota, I am a native Iowan who obtained education in the public schools of the Iowa town of Perry and at the state’s Grinnell College. I, therefore, wrote to Senator Grassley on March 20, 2016. After reciting my Iowa background, I stated:

  • “I have long believed that most Iowans were reasonable, fair-minded people and that their elected representatives reflected this admirable trait.”
  • “You, however, disappointingly have dispelled this belief by your enlistment in the Republican Senate leadership campaign to deny a hearing and a Senate vote by the Senate Judiciary Committee and the full Senate on advising and consenting to President Obama’s nomination of Judge Merrick Garland to the United States Supreme Court.”
  • “In so doing, you ignore that in 2012 President Obama won reelection for a term of office that does not end until January 20, 2017 with a popular vote of 65.9 million, which was nearly 5.0 million more votes than those received by the Republican presidential candidate, Mitt Romney. You also ignore that under Article II, Section 2 of the U.S. Constitution the President has the power and the duty to “nominate . . . Judges of the supreme Court” and that the Senate has the power and duty to provide its “Advice and Consent” to such nominations.”
  • “Remember this is the Senate Judiciary Committee, not the Republican Judiciary Committee nor “your” Judiciary Committee.”
  • “I hope during this Senate recess that your Iowa constituents will voice similar views to you and that you change your position on this important issue and authorize the Judiciary Committee to proceed with its consideration of this nomination.”

To date I have not received any response to this letter from the Senator.

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[1] Grassley, Grassley Statement on the President’s Nomination of Merrick Garland to the U.S. Supreme Court (Mar. 16, 2016)

[2] Reuters, Senator Grassley to Meet Garland Despite Opposition to Nominee, N.Y. Times (April 4, 2016); Shear, Meeting Merritt Garland to Tell Him Why G.O.P. Won’t Hold Hearings, N.Y. Times (April 4, 2016).

[3] Grassley, Grassley Floor Statement on the Public Perception of the Supreme Court (April 5, 2016); Assoc. Press, Capitol Hill Buzz: Grassley Takes on Chief Justice Roberts, N.Y. Times (April 5, 2016); Toobin, The Supreme Court Extremism of Clarence Thomas and Chuck Grassley, New Yorker (April 8, 2016).

[4] Editorial, Grassley v. Roberts, Baltimore Sun (April 10, 2016).

[5] Grassley: Grassley: Sky won’t fall with one less justice, Des Moines Register (April 10, 2016).

[6] Herszenhorn, Senator Grassley and Judge Garland Meet, and Rehash the Obvious, N.Y. Times (April 12, 2016);Reuters, Senate Judiciary Chairman Grassley Tells Garland No Hearings, N.Y. Times (April 12, 2016); Assoc. Press, Senate Judiciary Chair Grassley Has Breakfast with Garland, N.Y. Times (April 12, 2016).

[7] Grassley, The Supreme Court and the Remarks of President Barack Obama at the University of Chicago (April 12, 2016).

[8] Assoc. Press, Ex-American Bar Association Chiefs Push for a Vote on Garland, N/Y. Times (April 11, 2016); Mascaro, Top GOP senator meets Obama’s Supreme court pick to tell him there will be no vote, Chic. Tribune (April 12, 2016).

[9]  U.S. Senators were not elected by popular vote of the people until 1913 with the adoption of the Seventeenth Amendment to the U.S. Constitution requiring such method of election. (U.S. Senate, Direct Election of Senators.) The President and Vice President, originally and still true today, are not elected by popular vote, but instead by electors in the Electoral College. And the first time there was a popular vote for electors was in 1824 with the procedure for the Electoral College established by the Twelfth Amendment to the Constitution that was adopted in 1804.

 

 

 

Other Reactions to Fidel Castro’s Commentary on President Obama’s Visit 

Fidel’s commentary on President Obama’s recent visit to Cuba, which was discussed in an earlier post, has received a lot of coverage in the international press, but most articles merely summarize what Fidel said with little analysis. Here are substantive reactions to Fidel’s commentary.

Sebastian Arcos’ Reaction

The Wall Street Journal offered an analysis by Sebastian A. Arcos, associate director of the Cuban Research Institute at Florida International University, who said Fidel is “essentially an old man ranting in the background, [his essay is} rambling, it’s incoherent. It’s definitely not on topic.” This is consistent to my reaction as stated in the prior post.[1]

Yoani Sanchez’s Reactions

My prior post also expressed disagreement with Fidel’s assertion that Cuba could produce all the food it needed. According to the Wall Street Journal, this assertion also was challenged by Yoani Sanchez, a dissident Cuban blogger, She points out that cash-strapped Cuba spends nearly $2 billion a year importing 80% of the food that its 11 million residents consume. Yoani also reported that Mr. Obama’s speech has been distributed extensively on the island, with high-resolution videos of the address on computer memory drives.

Christopher Sabatini’s Reactions

Another point of disagreement with Fidel, as noted in the prior post, was regarding his contention that the Cuban Revolution had swept away racial discrimination.

Also disagreeing with this Fidel contention is Christopher Sabatini, an adjunct professor at Columbia University’s School of International and Public Affairs and director of Global Americans, a research institute focused on the foreign policy of human rights and social inclusion. He says that Cuba’s purported racial utopia is a myth. Sabatini contends that according to a 2011 study “’black and mixed populations, on average, are concentrated in the worst housing conditions’ and tend to work in lower-paying, manual-labor jobs.” Moreover, racial “structural disparities have increased” with “blacks and mestizos occupy[ing] only 5 percent of the lucrative higher-end jobs (managers and technicians) in the tourism industry but are heavily represented in low-level jobs.” Yet another index of racial disparities was foreign remittances to Cubans “overwhelmingly go[ing] . . . to its non-black population.”[2]

Another myth about Cuba, says Sabatini, is the alleged greatness of the Cuban health system. Although there have been health-care advances in Cuba with Cuban life-expectancy the second-highest in Latin America at 79.1 years and although Cuba justifiably is proud of its medical education and sending its physicians to other countries, “advanced health care is flagging” in Cuba with “the health system used by average Cubans in crisis” and hospitals “generally poorly maintained and short of staff and medicines.”

I am not a physician and do not have personal knowledge on this issue, but on my first visit to Cuba in 2002 I visited a polyclinic in the city of Matanzas and observed poor, unsanitary conditions, and on every mission trip to Cuba members of my church always take large supplies of over-the-counter medicines that the church then dispenses as a de facto pharmacy. In addition, an Ecuadorian ophthalmologist and a retired emergency room physician have told me that they have had to solve medical problems created by poor care from visiting Cuban medical personnel, but I do not know if these are isolated or widespread instances.

 White House Reactions

On March 28 White House Press Secretary Josh Earnest made extensive comments about Fidel’s commentary and the President’s visit to Cuba. The Secretary said, “the fact that [Fidel Castro] . . . felt compelled to respond so forcefully to the President’s visit . . . is an indication of the significant impact of President Obama’s visit to Cuba.  We obviously were quite pleased with the reception that President Obama received from the Cuban people.  [We are] . . . also pleased with the kind of conversations that President Obama was able to have with other Cuban government officials.  There was an opportunity for us to discuss what additional steps can be taken to normalize relations between our two countries.”[3]

Earnest continued, “The President made clear time and time again, both in private meetings with President [Raúl] Castro, but also in public when he delivered a speech to the Cuban people, that the U.S. commitment to human rights is rock-solid, and that’s not going to change.  And we’re going to continue to be leading advocates — and President Obama is going to continue to be a leading advocate — for universal human rights, not just in the Western Hemisphere but around the world.”

“And the kind of engagement that President Obama was able to pursue in the context of his visit is the kind of engagement that would not have been possible had he not made the trip.  The President was able to go to Cuba and urge President [Raúl] Castro in person about the importance of human rights.  The President was able to stand before a news conference, the assembled global media, and make a forceful case for the Cuban government to better protect universal human rights.  That also created a venue where a couple of your colleagues were able to ask President [Raúl] Castro about this issue directly.

That’s the kind of thing that’s never happened before.  And there’s no denying that creates some additional pressure on the Cuban government.  And again, the fact that the former President [Fidel Castro] felt compelled to respond I think is an indication that the trip had its intended effect.“

Ernest also said the U.S. was “ constantly in a position to be urging the government of Cuba to do a better job of protecting the universal human rights of their people, but we’re also making a specific push to look out for those that we know are being targeted because of their political views.  So that is to say our call for greater respect for human rights on the island of Cuba is both a generalized call about respecting the basic human rights of the Cuban people, but it’s also a specific call about making sure that individuals who have been victimized or targeted or rounded up or tortured because of their political views are freed.”

“Those efforts are going to continue.  And importantly, the United States and our government is not the only one encouraging Cuba to take these important steps.”

“One of the benefits of this policy change that the President has announced is that, for a long time, our policy toward Cuba served as an impediment to our relations with other countries throughout the hemisphere.  And for a long time, we saw countries in the Western Hemisphere who were more focused on the U.S. policy toward Cuba than they were on the policy of the Cuban government toward its own people.  Now that impediment has been removed, and now we are seeing greater scrutiny applied toward the Cuban government and, frankly, tougher questions being raised about the way that the Cuban government treats its own people.  That’s a helpful thing.  And that added pressure will only be a good thing for the Cuban people in the long run.”

“The President did have an opportunity in the course of his conversations to make clear that the kind of work that’s currently being done in law enforcement channels to try to coordinate the return of some of these fugitives is a priority of his.  And he made that clear at the highest levels of the Cuban government.  And we’re going to continue to push for those kinds of issues to be resolved because they’re a genuine irritant in our relationship.”

In “every meeting that the President had with a Latin American leader in the first few years of his presidency, . . . that at some point, the discussion was actually consumed by the nonsensical U.S. policy toward Cuba.  And that was getting in the way of the ability of the United States to engage in the kinds of conversations that actually are helpful to our national security interests.  And in some cases, that actually has opened up and created space for the President to have a conversation with other world leaders about the human rights situation in Cuba, which, after all, is actually the whole point of this exercise and was the point of that policy.  And that’s why the President viewed it as a failed policy that had negative consequences for our relationship with other countries in Latin America — that too often they were talking about the embargo and not about the serious human rights situation inside of Cuba.”

Cuban Foreign Minister’s Reactions

On March 29 Cuban Foreign Minister Bruno Rodriguez said that ending the embargo (blockade) had to be the unilateral act of the U.S. It would not be the result of any negotiation with Cuba or any concessions by Cuba. He also said the U.S. still has the strategic objective of dominating Cuba economically and politically, but that Cuba would never give up the principles of the Revolution or its independence. This point was made, Rodriguez said, in the timely reflection of Fidel Castro with his extraordinary historical authority when he said Cuba does not need gifts from the U.S.[4]

Conclusion

In short, Fidel Castro overstates the case for the Cuban Revolution. Yes, it has made improvements in many aspects of Cuban life. But the Revolution did not create an utopia. Cuba is neither heaven nor hell. There is still room for improvement. The same is true of the U.S., as President Obama acknowledged in his speech to the Cuban people.

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[1] Vyas, Fidel Castro Lashes Out at Obama After Cuba Visit, W.S.J. (Mar. 28, 2016)

[2] Sabatini, 5 myths about Cuba, Wash. Post (Mar. 25, 2016),

[3] White House, Press Briefing by Press Secretary Josh earnest, 3/28/2016 Also on March 28, a U.S. Department of State spokesman said Fidel Castro “can speak for himself and his views of the troubled U.S.-Cuban history. . . . [The U.S.] believes “engagement’s the best way forward. . . . Nobody expected that the normalization process with Cuba was going to be linear or easy or quick. We all recognize there are still differences – human rights being one of them.”.

[4] Prensa Latina, End the blockade must be US unilateral act, Granma (Mar. 29, 2016).

Cuba’s Possession of U.S. Missile Threatens To Disrupt U.S.-Cuba Normalization

On January 7, 2016, it became publicly known through a Wall Street Journal article that since sometime in 2014 Cuba has had possession of an inert U.S. missile that was erroneously shipped to Cuba from Europe.[1] This post will discuss what is now known about this missile in Cuba and the reactions to this news.

Diversion of U.S. Missile to Cuba

Hellfire missile
Hellfire missile

The object is a dummy U.S. Hellfire missile without any explosives that is a laser-guided, air-to-surface weapon that weighs about 100 pounds and that can be deployed from an attack helicopter or an unmanned drone.

Its manufacturer, Lockheed Martin, in early 2014, with U.S. State Department authorization, shipped the missile from Orlando, Florida to Spain for a NATO training exercise for later return to the U.S. After the completion of the training exercise, it was packaged in Rota, Spain and sent on another freight-forwarder’s truck to Madrid, where it was sent by plane to Frankfurt, Germany. There it was supposed to have been shipped to Lockheed in Florida. Instead for unknown reasons it was shipped from Frankfurt to Paris on an Air France flight, and from Paris to Havana on another Air France flight. Upon its arrival in Cuba, a Cuban official noticed the labeling on the crate and seized it.

Around June 2014 Lockheed, after realizing the missile was missing and likely was in Cuba, notified the U.S. State Department. Thereafter the U.S. has been pressing the Cuban government for information about the missile and for Cuba to return it to the U.S., but Cuba has not responded.

During the summer of 2014, of course, the U.S. and Cuba were engaged in the final steps leading up to the December 17, 2014, announcement that the two countries were embarked upon normalization of relations. Since then, they have been taking various steps toward normalization.

The reason for the shipment to Cuba is unknown. Was it a stupid mistake by a freight forwarder or several of such companies? That I find difficult to believe. That seems to leave it being an intentional criminal or espionage act.

The U.S. is concerned that Cuba has or could give access to the missile to learn about its technology to Russia, China or North Korea. But an article by someone who apparently is technically sophisticated in such matters discounts such dire consequences because “there’s good reason to suspect that China and other large cyber powers might already have blueprints and more, thanks to the still-vague scope of several highly successful military cyber attacks;” because “the US sells thousands upon thousands of working Hellfires to ‘close military ‘allies’ like Iraq, Saudi Arabia, and Turkey;” and because “the fall of Iraq’s Mosul to forces from ISIS . . . led to about $700 million worth of working Hellfire missiles falling into the hands of terrorists.”[2]

 Criticism of the Obama Administration[3]

Unsurprisingly this news has prompted severe criticism of the Administration.

U.S. Senator Marco Rubio (Rep., FL), a Republican presidential candidate, voiced his criticism in a letter to Assistant Secretary of State for Western Hemisphere Affairs, Roberta Jacobson. Rubio opened with the seemingly incontrovertible statement, “Preventing the proliferation of sensitive U.S. technology is one of the most important duties carried out by the State Department.” Because Jacobson has been so deeply involved with normalization negotiations with Cuba, she was asked these questions:

  • “When was the State Department informed that a U.S. Hellfire missile had been sent to Cuba?
  • When were you personally first informed of this matter and by whom?
  • What has been done to obtain the missile’s return by the Cuban government?
  • What specific entity of the Cuban government is currently in possession of the missile?
  • Please provide a list of the specific occasions on which you or other U.S. Government officials have raised this issue with the Castro regime.
  • Why was the return of the missile not obtained as a result of the negotiations that led to President Obama’s December 17, 2014 announced change in U.S. policy toward Cuba?
  • Why was the return of the missile not a condition of removal of Cuba from the State Sponsors of Terrorism list?
  • Why was the return of the missile not a condition of establishment of embassies in Havana and Washington?
  • What members of Congress did you inform of this issue during your briefings and testimony regarding U.S. policy toward Cuba over the last 18 months?
  • Does the State Department know if the Cuban government shared the missile or its design with any foreign governments?”

The Rubio letter concluded, “Sensitive U.S. technology falling into the hands of such a regime [as Cuba’s] has significant implications for U.S. national security.  The fact that the administration, including you, have apparently tried to withhold this information from the congressional debate and public discussion over U.S.-Cuba policy is disgraceful.”

Also on Friday, Republican presidential candidate Jeb Bush tweeted: “Whether it’s Iran holding U.S. citizens hostage or Cuba holding a U.S. missile hostage, Obama always caves. I won’t.’’

Four other lawmakers critical of the Obama position toward Cuba also criticized the handling of the missile case. In a joint statement, Reps. Ileana Ros-Lehtinen (R., Fla.), Mario Diaz Balart (R., Fla.), Carlos Curbelo (R., Fla.) and Albio Sires (D., N.J.) said:

  • “Regardless of how Cuba came into possession of a U.S. Hellfire missile – which must be investigated – it is unconscionable that the Obama administration knew the Castros were in possession of this sensitive U.S. military technology since June 2014 and still moved forward with its policy to open up travel, trade, investment and diplomatic relations with the regime.”
  • “The fact that the Castro regime was able to acquire a U.S. Hellfire missile could be indicative of the lengths it is willing to go to undermine our national security and harm our interests. Congress must provide oversight to determine how the U.S. export control system failed to prevent this gross violation from occurring, and if Cuba’s espionage apparatus played a role in this Hellfire acquisition.”
  • “The Cuban regime rebuffed the President’s efforts to secure the return of the Hellfire missile even as the negotiations were ongoing, and yet the regime still got everything it could have wanted. It is no wonder that the Castro brothers feel ever more emboldened to continue on with the repression of the Cuban people, with intimidation and unlawful arrests at an alarmingly high rate.”
  • “This is a very serious breach and we are deeply concerned that the Castros have already shared the sensitive technology with the likes of Russia, North Korea or China. . . . We urge the Administration to start holding the Cuban regime accountable for its continued transgressions not only against its own people, but its continued disregard for international norms.”

Senator Ron Johnson (Rep., WI), the Chair of the Committee on Homeland Security and Government Affairs, sent a letter to the heads of the Pentagon and the State Department, asking for an explanation “why the U.S. military would forgo complete control, care, and custody of such cargo when transporting it abroad.’’ Mr. Johnson also asked the administration for details of any other lost shipments of sensitive technology over the past five years.

Administration’s Response to Criticism[4]

White House spokesman Josh Earnest said on January 8 that the administration takes the issue very seriously. “The Department of Defense and the State Department are, again, I think for obvious reasons, quite interested in getting to the bottom of exactly what happened.’’

The same day the U.S. State Department spokesman, John Kirby, said, “I am restricted under federal law and regulations from commenting on specific defense trade licensing cases and compliance matters. What I can say is that under the Arms Export Control Act the State Department licenses both permanent and temporary exports by U.S. companies of regulated defense articles. U.S. companies are responsible for documenting their proposed shipping logistics in the application of their export license as well as reporting any shipping deviations to the department as appropriate.”

Conclusion

Although I have been, and still am, a strong advocate for U.S.-Cuba reconciliation, I am very troubled by the news of this missile ending up in Cuban hands and of its diversion in mid-2014 apparently not affecting U.S. negotiation of normalization. Final assessment has to await Assistant Secretary Jacobson’s responses to Senator Rubio’s questions and other news about this situation. I pray that it does not disrupt or sabotage further progress towards normalization.

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[1] Barrett & Lubold, Missing U.S. Missile Shows Up in Cuba, W.S.J. (Jan. 7, 2016); Reuters, Inert U.S. Hellfire Missile Wrongly Shipped to Cuba in 2014:WSJ, N.Y. Times (Jan. 7, 2016); Assoc. Press, Dummy Hellfire Missile Mistakenly Shipped to Cuba, N.Y. Times (Jan. 8, 2016); Ayuso, The mystery of the US missile ended in Cuba, El Pais (Jan. 9, 2016).

[2] Templeton, It probably won’t matter Cuba got a dummy Hellfire missile—and that’s terrifying, ExtremeTech (Jan. 9, 2016).

[3] Barrett & Lubold, Republicans Criticize Obama Administration Over Missile Sent to Cuba, W.S.J. (Jan. 8, 2015); Missile that turned up in Cuba ignites backlash, Miami Herald (Jan. 8, 2016); Rubio, Rubio Demands Answers From Administration On U.S. Missile in Cuba’s Possession (Jan. 8, 2016); Ros-Lehtinen, Ros-Lehtinen, Diaz-Balart, Curbelo and Sires Make Joint Statement Regarding Unaccounted U.S. Hellfire Missile Acquired by the Castro Regime (Jan. 8, 2016)

[4] U.S. Dep’t of State, Daily Press Briefing (Jan. 8, 2016).

 

 

Commemorating the First Anniversary of U.S.–Cuba Rapprochement

The first anniversary of U.S.-Cuba rapprochement, on December 17, 2015, was not marked by any ceremony in either country. Instead, public statements were issued by the White House, the U.S. State Department, the de facto U.S. Ambassador to Cuba, Jeffrey De Laurnetis. U.S. Senators and Representatives, Cuban officials and others. Nothing new or surprising was said in any of them.

White House[1]

On the anniversary date, President Obama released a statement on the subject. He said that during this year “we have taken important steps forward to normalize relations between our countries” that were detailed in the previously released FACT SHEET discussed below. The President continued, “We are advancing our shared interests and working together on complex issues that for too long defined—and divided—us. Meanwhile, the United States is in a stronger position to engage the people and governments of our hemisphere. Congress can support a better life for the Cuban people by lifting an embargo that is a legacy of a failed policy.” Nevertheless, “Change does not happen overnight, and normalization will be a long journey.”

The earlier White House FACT SHEET. listed the following eleven significant steps of normalization this past 12 months:

  • U.S. “removal of Cuba from the State Sponsors of Terrorism List;”
  • “re-establishment of diplomatic relations and opening of embassies; “
  • Secretary of State Kerry’s visit to Cuba;
  • the establishment of the U.S.-Cuba Bilateral Steering Commission, which has produced a working relationship to protect the environment and manage marine protected areas in Cuba, Florida and the Gulf of Mexico; an expansion of counternarcotics cooperation, increased cooperation to prevent smuggling; an understanding to re-establish direct postal services between the two countries; and commencement of discussions on property claims;
  • the commencement of talks to improve Cuban human rights;
  • cooperation on medical relief to Haiti;
  • easing of restrictions on U.S. citizens travel to Cuba, resulting in a 54% increase of such travel;
  • easing of U.S. restrictions on commerce with Cuba;
  • easing of U.S. restrictions on telecommunications and internet commerce with Cuba, resulting in several private business transactions to do just that;
  • discussions to increase cooperation regarding security of trade and travel flows;
  • U.S. support of Colombia-FARC peace talks monitored by Cuba; and
  • The Administration’s continued advocacy for congressional ending the U.S. embargo of Cuba.

Benjamin J. Rhodes, Mr. Obama’s deputy national security adviser for strategic communications, who participated in the secret talks that led to the rapprochement, said, “We went into this with no illusions that the Cubans were going to radically change their political system overnight, but our belief has been that greater engagement, greater people-to-people ties, greater commercial activity does open up space for the Cuban people. Part of what we are doing is raising people’s expectations, and that’s appropriate.”

Rhodes added, We reject this notion that our opening is a form of concession, because the opening is the whole point — we think it’s in our interest to have people traveling down to Cuba and doing business there. There’s a natural momentum to these things.”

President Obama himself last week stated that he hopes to visit Cuba during his last year in office, but only if enough progress has been made in bilateral relations, he is able to meet with political dissidents, and if he can possibly “nudge the Cuban government in a new direction.” In response, Josefina Vidal, an official in Cuba’s Foreign Ministry, said Obama would be welcome, but “Cuba has always said … it is not going to negotiate matters that are inherent to its internal system in exchange for an improvement in or the normalization of relations with the United States.” [2]

U.S. State Department [3]

The U.S. would like change to happen “more quickly” and to see “increased access information online.” In addition, the U.S. hopes that Cuba “will give their citizens more space so they can exercise freely their civil and political rights.”

The U.S. and Cuba “very soon” will start a pilot program for renewed direct mail service.

U.S.-Cuba negotiations on direct commercial flights between the two countries are near a successful conclusion “ very, very soon.” The discussions on damage claims have just started, but their resolution remains a “top [U.S.] priority for normalization.”

For progress on Cuban economic issues, the U.S. believes the April 2016 congress of the Communist Party of Cuba will be important.

“Safe, legal, and orderly [Cuban] migration remains a priority of the U.S.,” which has “done our best to comply” with accords with Cuba on that subject. But “the Administration at this point has no plans to alter our current migration policy toward Cuba and Cubans,” including the Cuban Adjustment Act.

The U.S. continues to encourage Cubans to go to the U.S. Embassy in Havana “for the several available avenues for legal migration to the U.S.” In addition, the U.S. is “encouraging governments in the region to find . . . coordinated and comprehensive solutions that focus on preventing the loss of life and ensuring that human rights of all migrants are respected and promoting orderly and humane migration policies.”

Jeffrey DeLaurentis[4]

Mr. DeLaurentis, via teleconference from Havana, said, “A year ago President Obama “made it clear that our aspiration for the Cuban people remains that they enjoy a peaceful, prosperous, and democratic society.”

“Over the course of the past year, we have made good progress and come a long way. Our two countries have engaged in historic dialogue on a wide range of issues. We have discussed concrete objectives on civil aviation, direct transportation of mail, the environment, regulatory changes, and counter-narcotics and have either reached understandings on those topics or continue to narrow our differences in ways that suggest we could soon conclude such understandings.”

“One of the President’s goals in announcing the new approach to Cuba was to promote increased authorized travel, commerce, and the flow of information to the Cuban people. In that regard, we have seen an increase in authorized travel by U.S. citizens by over 50 percent. Our regulatory changes help promote a Cuban private sector that now accounts for at least one in four Cuban workers. And Cuba recently signed roaming agreements with two U.S. companies that promote the flow of information. But more could be done on the Cuban side to take advantage of new openings.”

“A year ago, we had very limited engagement with the Cuban Government. Now we are in open conversation on issues that matter to the United States.” This includes working “together to combat transnational crime, protect our shared ecosystem, and create opportunities for the people in both nations to thrive.”

“However, we still have areas of disagreement. . . . such as property claims, fugitives, and human rights.. . . Still, the re-establishment of diplomatic relations and the opening of our embassy have given us a more effective platform through which to promote U.S. interests and values on those and all bilateral issues. It is worth recalling [that] Secretary Kerry noted during the flag-raising ceremony in August – normalization will not happen overnight.”

“The President last year called on the Cuban Government to unleash the potential of 11 million Cubans by ending unnecessary restrictions on their political, social, and economic activities. The Administration has taken a number of steps within the President’s authority to support a growing private sector in Cuba and strengthen people-to-people ties. The President has called on Congress to end the embargo.”

U.S. Senators and Representatives

Senators Patrick Leahy (Dem., VT) and Jeff Flake (Rep., AZ), both of whom have been to Cuba several times this past year, sent a letter to President Obama urging further loosening of U.S. travel, export and financial restrictions with Cuba. [5]

On the other hand, Cuban-American Representatives Ileana Ros-Lehtinen and Mario Diaz-Balart of Florida, both of whom have been persistent critics of normalization, offered objections to what they saw as failed policies.”[6]

Cuban Officials[7]

On December 17 Cuba’s Foreign Ministry released a statement that concluded, “To achieve normal relations between the two countries, the [U.S.] must remove, without any conditions, the economic, commercial and financial blockade which for decades the U.S. has maintained against Cuba. Nor can one speak of normalization, while the illegally occupied Guantanamo Naval Base and other policies of the past that are harmful to the sovereignty of Cuba are not removed.“

Earlier, Josefina Vidal Ferreiro, the Cuban Ministry of Foreign Relations’ Director General for the United States, said, “We can say that Cuba and the United States have made progress in their relations, with a marked difference from the preceding stage,” She noted progress in the political and diplomatic fields with the reestablishment of diplomatic relations, the reopening of embassies and the removal of the island from the U.S. list of countries sponsoring terrorism. She also highlighted the personal meetings between the leaders of Cuba and the U.S.

More specifically she said the two countries were close to concluding an agreement for civil aviation and had expanded or created cooperation in search and rescue; the fight against drug trafficking; migration; port maritime security, application and enforcement of the law; and health.

On the other hand, she commented, there is more to do. The U.S. needs to end the embargo, return Guantanamo Bay to Cuba, stop “subversive programs and illegal broadcasting” as well as abolish its special immigration policies regarding Cubans.

Vidal concluded that “even with the differences that exist between our countries, better links will only bring benefits to both countries and their peoples. We really believe that a model of civilized coexistence is the best contribution that we can leave the present and future generations of Cuba, the U.S. and the entire region.

Others

Everyone, supporters and critics of normalization, agrees that change has been slow and that much more needs to be done to facilitate a complete normalization. Nevertheless, as two experts on this relationship recognize, there has been progress.

Julia E. Sweig, a Cuba specialist and senior research fellow at the Lyndon Baines Johnson School of Public Affairs at the University of Texas at Austin, observed, “It was just pure fantasy to think, as it has been for the last 60 years, that the United States could directly shape the nature of the Cuban political system. It feels like we’re getting excited about tiny steps, but those tiny steps, against the backdrop of the thicket of laws and regulations that have produced a ‘no’ as the answer to any question, and now we’re figuring out how to get to ‘yes’ — that’s progress.”[8]

Scott D. Gilbert, a Washington-based lawyer who helped negotiate Cuba’s release last year of Alan Gross, said, “When you stand back and look at this against the backdrop of almost 60 years of complete adversity, complete lack of dialogue, absolute distrust, it’s been a remarkable year. But there is frustration and disappointment on both sides that more deals haven’t gotten done. It’s a process that still needs a lot of work.”[9]

Alan Gross himself stated, “Our relations will not be normalized for some years to come, will not be totally normalized. But I believe that both governments are working towards that, We need to be patient to see this relationship evolve.” He specifically wants to see the U.S. end its embargo of Cuba, which is “stupid” and a “complete and utter failure.”

Jeanne Lemkau, a clinical psychologist and professor emerita of family medicine, commented on her 12th trip to Cuba, this October, to the central and eastern part of the island. She saw a creative example of the Cuban entrepreneurial initiative: a young man peddling shoes from a carefully arranged display on the top of a jeep chassis, snuggly parked next to his house. In addition, she saw many people using laptops and mobile phones; homes freshly painted in lovely Caribbean colors, a luxury that was once far beyond the resources of most Cubans; beautifully renovated hotels; and recently cleaned streets.[10]

Conclusion

As a strong advocate for U.S.-Cuba reconciliation, I too have mixed feelings on this first anniversary. I am glad that one year ago both countries decided to pursue normalization, that the previously mentioned steps towards normalization have been taken and that the normalization process is continuing. On the other hand, I am especially disappointed that the U.S. has not yet ended its embargo of the island and its special immigration benefits for Cubans.

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

[1] White House, Statement of the President on the Anniversary of Cuba Policy Changes (Dec. 17, 2015); Obama, Statement by President Obama on the anniversary of the changes in policy toward Cuba, Granma (Dec. 17, 2015); White House, FACT SHEET: One-Year Anniversary of the President’s Policy of Engagement with Cuba (Dec. 16, 2015); Davis, Year After Cuba-U.S. Thaw, Obama Says Change Will Take Time, N.Y. Times (Dec. 16, 2015). Assoc. Press, Marking Anniversary, Obama Says Long Journey for US, Cuba, N.Y. Times (Dec. 17, 2015); Reuters, Obama Says U.S., Cuba Continue to Have Differences, N.Y. Times (Dec. 17, 2015).

[2] Reuters, Obama Says May Visit Cuba in 2016 if Citizens Enjoy More Freedoms, N.Y. Times (Dec. 14, 2015); Reuters, Cuba Says Obama Welcome to Visit but Not to Meddle, N.Y. Times (Dec. 17, 2015).http://www.nytimes.com/reuters/2015/12/17/world/americas/17reuters-cuba-usa.html

[3] U.S. State Dep’t, Background Briefing on the Progress Made Toward the Normalization of U.S.-Cuba Relations (Dec. 15, 2015).

[4] U.S. State Dep’t, Special Briefing by Jeffrey DeLaurentis on the One-Year Anniversary of the President’s Policy of Engagement with Cuba (Dec. 15, 2015).

[5] Flake, Flake, Leahy Urge President to Expand U.S. Engagement with Cuba on Anniversary of Renewed Relations (Dec. 16, 2015); Schwartz, Senators Urge Obama Administration to Further Loosen Cuba Rules, W.S.J. (Dec. 16, 2015).

[6] Ros-Lehtinen, One Year Later, Obama’s Cuba Policy Has Proven To Be A Sham and Cubans Are No Closer To Freedom and Democracy, Says Ros-Lehtinen (Dec. 16, 2015); Diaz-Balart, One Year Later: The Results of Obama’s Concessions to the Castros (Dec. 17, 2015).

[7] Cuba Foreign Ministry, Editorial: The lifting of the blockade is essential for a normal relationship (Dec. 17, 2015); Gomez, Josefina Vidal assures that Cuba and the U.S. have made progress, Granma (Dec. 17, 2015); Elizalde, Josefina Vidal: Significant progress has been recorded between Cuba and the US, CubaDebate (Dec. 16, 2015). Granma also published commentaries on the first anniversary by the Cuban Five, Gomez et al., A year in which freedom fits all, Granma (Dec. 17, 2015). Another article provided commentary on the embargo. Gomez, A year later, the blockade is still there, Granma (Dec. 17, 2015).

[8] Davis, One Year After Cuba-U.S. Thaw, Obama Says Change Will Take Time, N.Y. Times (Dec. 16, 2015).

[9] Assoc. Press, American Marks 1 Year Since Being Freed From Cuban Prison, N.Y. Times (Dec. 17, 2015).

[10] Lemkau, Observations of an ever-evolving Cuba, LAWG (Dec. 16, 2015).

 

 

Presidents Obama and Castro Speak and Meet at United Nations

Over the last week Cuban President Raúl Castro has made two speeches at the United Nations in New York City as has U.S. President Barack Obama. Afterwards the two of them with advisors held a private meeting at the U.N. with subsequent comments by their spokesmen. Here is a chronological account of these events.

President Castro’s September 26th Speech[1]

 

On September 26, President Raúl Castro 11131154waddressed the U.N. Summit on Sustainable Development, as shown in the photograph to the right. In his remarks he said, ”The reestablishment of diplomatic relations Between Cuba and the United States of America, the opening of embassies and the policy changes announced by President Barack Obama . . . constitute a major progress, which has elicited the broadest support of the international community.”

However, he added, “the economic, commercial and financial blockade [by the U.S.] against Cuba persists bringing damages and hardships on the Cuban people, and standing as the main obstacle to our country’s economic development, while affecting other nations due to its extraterritorial scope and hurting the interests of American citizens and companies. Such policy is rejected by 188 United Nations member states that demand its removal.”

More generally Castro condemned “the pervasive underdevelopment afflicting two-thirds of the world population” and the widening “gap between the North and the South” and “wealth polarization.”

Thus, he argued, “If we wish to make this a habitable world with peace and harmony among nations, with democracy and social justice, dignity and respect for the human rights of every person, we should adopt as soon as possible concrete commitments in terms of development assistance, and resolve the debt issue.” Such a commitment, he said, would require “a new international financial architecture, removal of the monopoly on technology and knowledge and changing the present international economic order.”

Nevertheless, according to President Castro, Cuba will continue to help other developing nations despite its limited capabilities and “shall never renounce its honor, human solidarity and social justice” that “are deeply rooted in our socialist society.”

President Obama’s September 27th Speech[2]

635789669053394239-AFP-544774880

On September 27, President Obama addressed the same U.N. Summit on Sustainable Development without touching on U.S.-Cuba relations. Instead he concentrated on the purpose of the Summit– sustainable development. (His photograph is to the left.)

He started by rejecting the notion that “our efforts to combat poverty and disease do not and cannot work, that there are some places beyond hope, that certain people and regions are condemned to an endless cycle of suffering.” Instead, he asserted, “the global hunger rate has already been slashed.  Tens of millions of more boys and girls are today in school.  Prevention and treatment of measles and malaria and tuberculosis have saved nearly 60 million lives.  HIV/AIDS infections and deaths have plummeted.  And more than one billion people have lifted themselves up from extreme poverty — one billion.”

Nevertheless, much remains to be done, according to Obama, and the nations at this Summit “commit ourselves to new Sustainable Development Goals, including our goal of ending extreme poverty in our world.  We do so understanding how difficult the task may be.  We suffer no illusions of the challenges ahead.  But we understand this is something that we must commit ourselves to.  Because in doing so, we recognize that our most basic bond — our common humanity — compels us to act.”

In this work, President Obama stated, the U.S. “will continue to be your partner.  Five years ago, I pledged here that America would remain the global leader in development, and the United States government, in fact, remains the single largest donor of development assistance, including in global health.  In times of crisis — from Ebola to Syria — we are the largest provider of humanitarian aid.  In times of disaster and crisis, the world can count on the friendship and generosity of the American people.”

Therefore, Obama said, he was “committing the United States to achieving the Sustainable Development Goals” and to “keep fighting for the education and housing and health care and jobs that reduce inequality and create opportunity here in the United States and around the world.” This effort will include other “governments, more institutions, more businesses, more philanthropies, more NGOs, more faith communities, more citizens.” Moreover, the “next chapter of development must also unleash economic growth — not just for a few at the top, but inclusive, sustainable growth that lifts up the fortunes of the many.”

President Obama concluded by noting these obstacles to achieving these goals: bad governance; corruption; inequality; “old attitudes, especially those that deny rights and opportunity to women;” failure to “recognize the incredible dynamism and opportunity of today’s Africa;” war; and climate change

President Obama’s September 28th Speech[3]

 In a wide-ranging speech on international affairs, President Obama commented on U.S. relations with Cuba. He said, “I also believe that to move forward in this new era, we have to be strong enough to acknowledge when what you’re doing is not working. For 50 years, the United States pursued a Cuba policy that failed to improve the lives of the Cuban people. We changed that. We continue to have differences with the Cuban government. We will continue to stand up for human rights. But we address these issues through diplomatic relations, and increased commerce, and people-to-people ties. As these contacts yield progress, I’m confident that our Congress will inevitably lift an embargo that should not be in place anymore. Change won’t come overnight to Cuba, but I’m confident that openness, not coercion, will support the reforms and better the life the Cuban people deserve, just as I believe that Cuba will find its success if it pursues cooperation with other nations.”

Later in the speech, Obama added these words: “Think of the Americans who lowered the flag over our embassy in Havana in 1961 — the year I was born — and returned this summer to raise that flag back up. (Applause.) One of these men said of the Cuban people, “We could do things for them, and they could do things for us. We loved them.” For 50 years, we ignored that fact.

These comments were in the context of the following more general discussion of international affairs by President Obama: “We, the nations of the world, cannot return to the old ways of conflict and coercion. We cannot look backwards. We live in an integrated world — one in which we all have a stake in each other’s success. We cannot turn those forces of integration. No nation in this Assembly can insulate itself from the threat of terrorism, or the risk of financial contagion; the flow of migrants, or the danger of a warming planet. The disorder we see is not driven solely by competition between nations or any single ideology. And if we cannot work together more effectively, we will all suffer the consequences.”

“No matter how powerful our military, how strong our economy, we understand the United States cannot solve the world’s problems alone.” So too, in words that could be aimed at Cuba and others, “repression cannot forge the social cohesion for nations to succeed. The history of the last two decades proves that in today’s world, dictatorships are unstable. The strongmen of today become the spark of revolution tomorrow. You can jail your opponents, but you can’t imprison ideas. You can try to control access to information, but you cannot turn a lie into truth. It is not a conspiracy of U.S.-backed NGOs that expose corruption and raise the expectations of people around the globe; it’s technology, social media, and the irreducible desire of people everywhere to make their own choices about how they are governed.”

In a similar vein, Obama said, “The strength of nations depends on the success of their people — their knowledge, their innovation, their imagination, their creativity, their drive, their opportunity — and that, in turn, depends upon individual rights and good governance and personal security.”

Finally, according to Obama, we must “defend the democratic principles that allow societies to succeed” with a recognition that “democracy is going to take different forms in different parts of the world. The very idea of a people governing themselves depends upon government giving expression to their unique culture, their unique history, their unique experiences. But some universal truths are self-evident. No person wants to be imprisoned for peaceful worship. No woman should ever be abused with impunity, or a girl barred from going to school. The freedom to peacefully petition those in power without fear of arbitrary laws — these are not ideas of one country or one culture. They are fundamental to human progress.”

“A government that suppresses peaceful dissent is not showing strength; it is showing weakness and it is showing fear. History shows that regimes who fear their own people will eventually crumble, but strong institutions built on the consent of the governed endure long after any one individual is gone.”

“That’s why our strongest leaders — from George Washington to Nelson Mandela — have elevated the importance of building strong, democratic institutions over a thirst for perpetual power. Leaders who amend constitutions to stay in office only acknowledge that they failed to build a successful country for their people — because none of us last forever. It tells us that power is something they cling to for its own sake, rather than for the betterment of those they purport to serve.”

“Democracy — inclusive democracy — makes countries stronger. When opposition parties can seek power peacefully through the ballot, a country draws upon new ideas. When a free media can inform the public, corruption and abuse are exposed and can be rooted out. When civil society thrives, communities can solve problems that governments cannot necessarily solve alone. When immigrants are welcomed, countries are more productive and more vibrant. When girls can go to school, and get a job, and pursue unlimited opportunity, that’s when a country realizes its full potential.”

President Castro’s September 28th Speech[4]

On September 28, Cuban President Raúl Castro in his address to the U.N. General Assembly essentially reiterated his comments of two days earlier about U.S.-Cuba relations with these words: ‘After 56 years, during which the Cuban people put up a heroic and selfless resistance, diplomatic relations have been reestablished between Cuba and the United States of America.”

“Now, a long and complex process begins toward normalization that will only be achieved with the end of the economic, commercial and financial blockade; the return to our country of the territory illegally occupied by the Guantanamo Naval Base; the suspension of radio and TV broadcasts, and subversion and destabilization attempts against the Island; and, when our people are compensated for the human and economic damages they continue to endure.”

“As long as the blockade remains in force, we will continue to introduce the Draft Resolution entitled ‘Necessity of Ending the Economic, Commercial and Financial Embargo imposed by the United States of America on Cuba.’ To the 188 governments and peoples who have backed our just demand, here, and in other international and regional forums, I reaffirm the eternal gratitude of the Cuban people and government for your continued support.” [5]

The rest of this Castro speech argued that the U.N. has failed in its 70 years of existence to fulfill the lofty purposes of its Charter. The speech also noted Cuba’s solidarity with its Caribbean brothers, African countries, the Bolivarian Republic of Venezuela, the Republic of Ecuador, the people of Puerto Rico, the Republic of Argentina, the Brazilian people and President Dilma Rouseff, the Syrian people and the Palestinian people. Castro also supported the nuclear agreement with the Islamic Republic of Iran.

On the other hand, Castro reaffirmed Cuba’s “rejection of the intention to expand the presence of NATO up to the Russian borders, as well as of the unilateral and unfair sanctions imposed on that nation” and Cuba’s condemnation of NATO and European countries’ efforts to destabilize countries of the Middle East and Africa that have led to the recent migrant crisis in Europe.

In conclusion, Castro said, “the international community can always count on Cuba to lift its sincere voice against injustice, inequality, underdevelopment, discrimination and manipulation; and for the establishment of a more equitable and fair international order, truly focused on human beings, their dignity and well-being.”

The Presidents’ Meeting[6]

Obama &Castro

The two presidents with their advisors held a 30-minute private meeting at the U.N. on Tuesday, September 29. The photograph at the left shows them shaking hands.

The U.S. delegation consisted of Secretary of State, John Kerry; National Security Adviser, Susan Rice; National Security Council Senior Director for Western Hemisphere Affairs, Mark Feierstein; and the U.S. Permanent Representative to the U.N., Samantha Power.

Cuba’s delegation was composed of the Foreign Minister, Bruno Rodriguez; Consultant, Alejandro Castro Espin (the son of President Raúl Castro); Vice President of Cuba’s Defense and Security Committee, Juan Francisco Arias Fernández; Cuba’s Director General of U.S. Affairs, Ministry of Foreign Affairs, Josefina Vidal; and Cuba’s Ambassador to the U.S., José Ramón Cabañas.

White House’s Comments on the Meeting[7]

On a September 29 flight from New York City to Washington, D.C., White House Press Secretary Josh Earnest, in response to a journalist’s question, said, “I know that the two leaders had an opportunity to discuss some of the regulatory changes that have been announced in the last couple of weeks on the part of the [U.S.]. The State Department is leading civil aviation coordination talks in Cuba right now.  And these are all additional steps that are moving toward more normal relations between our two countries.”

“The President, as he always does, . . . reaffirmed our commitment to seeing the Cuban government do a better job of not just respecting, but actually proactively protecting, the basic human rights of the Cuban people.”

We “continue to believe that deeper engagement and deeper people-to-people ties, deeper economic engagement between the [U.S.] and Cuba will have the effect of moving the government and the nation in a positive direction.”

Thereafter the White House released the following written statement about the meeting: “President Obama met today with President Raul Castro of Cuba to discuss recent advances in relations between the United States and Cuba, as well as additional steps each government can take to deepen bilateral cooperation. The two Presidents discussed the recent successful visit of Pope Francis to both countries.  President Obama highlighted U.S. regulatory changes that will allow more Americans to travel to and do business with Cuba, while helping to improve the lives of the Cuban people.  The President welcomed the progress made in establishing diplomatic relations, and underscored that continued reforms in Cuba would increase the impact of U.S. regulatory changes.  The President also highlighted steps the United States intends to take to improve ties between the American and Cuban peoples, and reiterated our support for human rights in Cuba.”

Cuban Foreign Minister’s Press Conference[8]

Soon after the presidential meeting, Cuban Foreign Minister Bruno Rodriguez held a press conference at the U.N. In his opening statement, he said that in a “respectful and constructive” atmosphere, the two presidents exchanged their views on the recent visit of Pope Francisco to Cuba and the United States, as well as issues on the bilateral agenda established between the two countries.

“The presidents agreed on the need to continue working on the set bilateral agenda, which includes areas of mutually beneficial bilateral cooperation and in third countries such as Haiti, the development of dialogue on issues of bilateral and multilateral interest and resolving outstanding issues between two states.”

President Castro affirmed Cuba’s desire to build a new relationship with the U.S. based on respect and sovereign equality, but reiterated that to have normal relations the U.S. had to lift the blockade, which is causing damage and hardship to the Cuban people and affects the interests of American citizens.

Castro also confirmed that Cuba on October 27 would introduce in the General Assembly a resolution condemning the embargo (blockade). Said the foreign Minister, the blockade is “a massive, flagrant and systematic violation of human rights of all Cubans and harms all Cuban families, even Cubans living outside Cuba.” Cuba fully expects this year’s resolution to once again have overwhelming support.

The Foreign Minister said the return of the territory illegally occupied by the Guantanamo Naval Base in Cuba is a high priority element in the process of normalization of relations between the U.S. and Cuba, as a vindication of Cuban people.

At another point he added that “we are very proud of the accomplishments of Cuba on human rights and that human rights are universal, not subject to political selectivity or manipulation of any kind. ” Cuba guarantees the full exercise of political rights and civil liberties, and economic, social and cultural rights. We have many concerns with the situation on human rights in the world, particularly in the U.S. and Western Europe, as illustrated by the current immigration refugee crisis. The pattern of racial discrimination and police brutality against African Americans in the [U.S.] is really serious.

Conclusion

Cuba reiterated its insistence on ending the U.S. embargo as an essential condition for normalization of relations, an objective shared by President Obama and this blog. [9] We now await the U.N. General Assembly’s debate and anticipated approval on October 27 of another resolution condemning the embargo and whether the U.S. will, for the first time, abstain on the vote.

Cuba continues to assert that the U.S. lease of Guantanamo Bay is illegal, but its saying so does not make it so. Previous blog posts have discussed this contention and do not find it persuasive and, therefore, suggested the two countries submit the dispute for resolution to the Permanent Court of Arbitration at The Hague in the Netherlands.[10]

The same means has been suggested in this blog for resolving the disputes about whether or not Cuba has been damaged by the embargo (blockade) and the amount of such alleged damages as well as the amount of damages to U.S. interests by Cuba’s expropriation of property in the early years of the Cuban Revolution.

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[1] Cuba Ministry Foreign Affairs, Raul Castro: Unacceptable levels of poverty and social inequality persist and even aggravate across the world (Sept. 26, 2015); Reuters, Cuba’s Castro Slams U.S. Trade Embargo at United Nations, N.Y. Times (Sept. 26, 2015); Reuters, U.S. Embargo ‘Main Obstacle’ to Cuba’s Development: Castro, N.Y. Times (Sept. 26, 2015) (video)

[2] White House, Remarks by President on Sustainable Development Goals (Sept. 27, 2015).

[3] Reuters, Quotes from President Obama’s U.N. Speech, N.Y. Times (Sept. 28, 2015); President Obama’s Speech to the United Nations General Assembly 2015, N.Y. Times (Sept. 28, 2015); White House, Remarks by President Obama to the United Nations General Assembly (Sept. 28, 2015).

[4] Raúl at the United Nations: The International community can always count on Cuba’s voice in the face of injustice, Granma (Sept. 28, 2015); Full text [of Castro’s speech], Granma (Sept. 28, 2015); Reuters, At U.N., Castro Says U.S. Must End Embargo to Have Normal Cuba Ties, N.Y. Times (Sept. 28, 2015); Assoc. Press, Raúl Castro Addresses General Assembly, N.Y. Times (Sept. 28, 2015) (video); Goldman, At the U.N., Raúl Castro of Cuba Calls for End to U.S. Embargo, N.Y. Times (Sept. 28, 2015).

[5] A prior post reviewed last year’s General Assembly’s condemnation of the embargo.

[6] Assoc. Press, U.S., Cuba Leaders Meet for 2nd Time in This Year, N.Y. Times (Sept. 29, 2015); Reuters, Obama, Castro Meet as They Work on Thawing U.S.-Cuba Ties, N.Y. Times (Sept. 29, 2015); Cuba and U.S. Presidents meet, Granma (Sept. 30, 2015)

[7] White House, Press Gaggle by Press Secretary Josh Earnest en route Washington, D.C., 9/29/15; White House, Readout of the President’s Meeting with Cuban President Raul Castro (Sept. 29, 2015).

[8] Reuters, Cuban Minister on Obama-Castro Meeting, N.Y. Times (Sept. 29, 2015) (video); Bruno Rodriguez: The blockade is a massive, flagrant and systematic violation of human rights, Granma (Sept. 30, 2015).

[9] This blog has discussed the initial bills to end the embargo in the House and Senate as well as later bills to do the same in the Senate and House.

[10] Resolution of U.S. and Cuba’s Damage Claims (April 4, 2015); Resolution of Issues Regarding U.S.-Lease of Guantanamo Bay (April 6, 2015); Does Cuba Have a Right to Terminate the U.S. Lease of Guantanamo Bay? (April 26, 2015).

The Second Day of Pope Francis’ Mission to the American People

On Wednesday, September 23, Pope Francis was in Washington, D.C. He first went to the White House to be welcomed to the U.S., held a midday prayer service with the Roman Catholic Bishops of the U.S. and conducted the Junipero Serro canonization mass. After the mass, Francis made an unscheduled stop at the Little Sisters of the Poor residence.

White House Welcoming Ceremony[1]

White HOuse

About 15,000 people were gathered on the south lawn of the White House for the welcoming of Pope Francis to the United States preceded by historic American music. To the left is a photograph of the Pope and President Obama before they made their remarks.

 President Obama’s Welcoming Remarks. “[O]n behalf of the American people, it is my great honor and privilege to welcome you to the United States of America.”

“Holy Father, your visit not only allows us, in some small way, to reciprocate the extraordinary hospitality that you extended to me at the Vatican last year.  It also reveals how much all Americans, from every background and every faith, value the role that the Catholic Church plays in strengthening America.   From my time working in impoverished neighborhoods with the Catholic Church in Chicago, to my travels as President, I’ve seen firsthand how, every single day, Catholic communities, priests, nuns, laity are feeding the hungry, healing the sick, sheltering the homeless, educating our children, and fortifying the faith that sustains so many.”

“And what is true in America is true around the world.  From the busy streets of Buenos Aires to the remote villages in Kenya, Catholic organizations serve the poor, minister to prisoners, build schools, build homes, operate orphanages and hospitals.  And just as the Church has stood with those struggling to break the chains of poverty, the Church so often has given voice and hope to those seeking to break the chains of violence and oppression.”

“And yet, I believe the excitement around your visit, Holy Father, must be attributed not only to your role as Pope, but to your unique qualities as a person. In your humility, your embrace of simplicity, in the gentleness of your words and the generosity of your spirit, we see a living example of Jesus’ teachings, a leader whose moral authority comes not just through words but also through deeds.”

“You call on all of us, Catholic and non-Catholic alike, to put the ‘least of these’ at the center of our concerns.  You remind us that in the eyes of God our measure as individuals, and our measure as a society, is not determined by wealth or power or station or celebrity, but by how well we hew to Scripture’s call to lift up the poor and the marginalized, to stand up for justice and against inequality, and to ensure that every human being is able to live in dignity –- because we are all made in the image of God.”

“You remind us that ‘the Lord’s most powerful message’ is mercy.  And that means welcoming the stranger with empathy and a truly open heart, from the refugee who flees war-torn lands to the immigrant who leaves home in search of a better life. It means showing compassion and love for the marginalized and the outcast, to those who have suffered, and those who have caused suffering and seek redemption.  You remind us of the costs of war, particularly on the powerless and defenseless, and urge us toward the imperative of peace.”

“Holy Father, we are grateful for your invaluable support of our new beginning with the Cuban people which holds out the promise of better relations between our countries, greater cooperation across our hemisphere, and a better life for the Cuban people.  We thank you for your passionate voice against the deadly conflicts that ravage the lives of so many men, women and children, and your call for nations to resist the sirens of war and resolve disputes through diplomacy.”

“You remind us that people are only truly free when they can practice their faith freely. Here in the United States, we cherish religious liberty.  It was the basis for so much of what brought us together.  And here in the United States, we cherish our religious liberty, but around the world, at this very moment, children of God, including Christians, are targeted and even killed because of their faith.  Believers are prevented from gathering at their places of worship.  The faithful are imprisoned, and churches are destroyed.  So we stand with you in defense of religious freedom and interfaith dialogue, knowing that people everywhere must be able to live out their faith free from fear and free from intimidation.”

“And, Holy Father, you remind us that we have a sacred obligation to protect our planet, God’s magnificent gift to us. We support your call to all world leaders to support the communities most vulnerable to changing climate, and to come together to preserve our precious world for future generations.”

“Your Holiness, in your words and deeds, you set a profound moral example.  And in these gentle but firm reminders of our obligations to God and to one another, you are shaking us out of complacency.  All of us may, at times, experience discomfort when we contemplate the distance between how we lead our daily lives and what we know to be true, what we know to be right.  But I believe such discomfort is a blessing, for it points to something better.  You shake our conscience from slumber; you call on us to rejoice in Good News, and give us confidence that we can come together in humility and service, and pursue a world that is more loving, more just, and more free.  Here at home and around the world, may our generation heed your call to “never remain on the sidelines of this march of living hope.”

“For that great gift of hope, Holy Father, we thank you, and welcome you, with joy and gratitude, to the United States of America.”

Pope Francis’ Response. “I am deeply grateful for your welcome in the name of all Americans. As the son of an immigrant family, I am happy to be a guest in this country, which was largely built by such families. I look forward to these days of encounter and dialogue, in which I hope to listen to, and share, many of the hopes and dreams of the American people.”

“During my visit I will have the honor of addressing Congress, where I hope, as a brother of this country, to offer words of encouragement to those called to guide the nation’s political future in fidelity to its founding principles. I will also travel to Philadelphia for the Eighth World Meeting of Families, to celebrate and support the institutions of marriage and the family at this, a critical moment in the history of our civilization.”

“Mr. President, together with their fellow citizens, American Catholics are committed to building a society which is truly tolerant and inclusive, to safeguarding the rights of individuals and communities, and to rejecting every form of unjust discrimination. With countless other people of good will, they are likewise concerned that efforts to build a just and wisely ordered society respect their deepest concerns and their right to religious liberty. That freedom remains one of America’s most precious possessions. And, as my brothers, the United States Bishops, have reminded us, all are called to be vigilant, precisely as good citizens, to preserve and defend that freedom from everything that would threaten or compromise it.”

“Mr. President, I find it encouraging that you are proposing an initiative for reducing air pollution. Accepting the urgency, it seems clear to me also that climate change is a problem that can no longer be left to a future generation. When it comes to the care of our ‘common home,’ we are living at a critical moment of history. We still have time to make the changes needed to bring about ‘a sustainable and integral development, for we know that things can change’ (Laudato Si’, 13). Such change demands on our part a serious and responsible recognition not only of the kind of world we may be leaving to our children, but also to the millions of people living under a system which has overlooked them. Our common home has been part of this group of the excluded which cries out to heaven and which today powerfully strikes our homes, our cities and our societies. To use a telling phrase of the Reverend Martin Luther King, we can say that we have defaulted on a promissory note and now is the time to honor it.”

“We know by faith that “the Creator does not abandon us; he never forsakes his loving plan or repents of having created us. Humanity still has the ability to work together in building our ‘common home’ (Laudato Si’, 13). As Christians inspired by this certainty, we wish to commit ourselves to the conscious and responsible care of our common home. The efforts that were recently made to mend broken relationships and to open new doors to cooperation within our human family represent positive steps along the path of reconciliation, justice and freedom. I would like all men and women of good will in this great nation to support the efforts of the international community to protect the vulnerable in our world and to stimulate integral and inclusive models of development, so that our brothers and sisters everywhere may know the blessings of peace and prosperity which God wills for all his children.”

“Mr. President, once again I thank you for your welcome, and I look forward to these days in your country. God bless America!”

The Pope and President Obama with an interpreter then held a private meeting in the Oval Office of the White House, the details of which were not publicly released. Afterwards the Pope in the popemobile then waved at the crowds of people attending the Papal Parade around the Ellipse and the National Mall.

Prayer Service with U.S. Bishops

At St. Matthew’s Cathedral, Pope Francis participated in a prayer service with U.S. bishops of the Roman Catholic Church and made the following lengthy remarks (in English translation).

“As I look out with affection at you, their pastors, I would like to embrace all the local Churches over which you exercise loving responsibility. I would ask you to share my affection and spiritual closeness with the People of God throughout this vast land.”

“The heart of the Pope expands to include everyone. To testify to the immensity of God’s love is the heart of the mission entrusted to the Successor of Peter, the Vicar of the One who on the cross embraced the whole of mankind. May no member of Christ’s Body and the American people feel excluded from the Pope’s embrace. Wherever the name of Jesus is spoken, may the Pope’s voice also be heard to affirm that: ‘He is the Savior’ ! From your great coastal cities to the plains of the Midwest, from the deep South to the far reaches of the West, wherever your people gather in the Eucharistic assembly, may the Pope be not simply a name but a felt presence, sustaining the fervent plea of the Bride: ‘Come, Lord!’”

“Whenever a hand reaches out to do good or to show the love of Christ, to dry a tear or bring comfort to the lonely, to show the way to one who is lost or to console a broken heart, to help the fallen or to teach those thirsting for truth, to forgive or to offer a new start in God… know that the Pope is at your side and supports you. He puts his hand on your own, a hand wrinkled with age, but by God’s grace still able to support and encourage.”

“My first word to you is one of thanksgiving to God for the power of the Gospel which has brought about remarkable growth of Christ’s Church in these lands and enabled its generous contribution, past and present, to American society and to the world. I thank you most heartily for your generous solidarity with the Apostolic See and the support you give to the spread of the Gospel in many suffering areas of our world. I appreciate the unfailing commitment of the Church in America to the cause of life and that of the family, which is the primary reason for my present visit. I am well aware of the immense efforts you have made to welcome and integrate those immigrants who continue to look to America, like so many others before them, in the hope of enjoying its blessings of freedom and prosperity. I also appreciate the efforts that you are making to fulfill the Church’s mission of education in schools at every level and in the charitable services offered by your numerous institutions. These works are often carried out without appreciation or support, often with heroic sacrifice, out of obedience to a divine mandate that we may not disobey.”

“I am also conscious of the courage with which you have faced difficult moments in the recent history of the Church in this country without fear of self-criticism and at the cost of mortification and great sacrifice. Nor have you been afraid to divest whatever is unessential in order to regain the authority and trust which is demanded of ministers of Christ and rightly expected by the faithful. I realize how much the pain of recent years has weighed upon you and I have supported your generous commitment to bring healing to victims – in the knowledge that in healing we too are healed – and to work to ensure that such crimes will never be repeated.”

“I speak to you as the Bishop of Rome, called by God in old age, and from a land which is also American, to watch over the unity of the universal Church and to encourage in charity the journey of all the particular Churches toward ever greater knowledge, faith and love of Christ. Reading over your names, looking at your faces, knowing the extent of your churchmanship and conscious of the devotion which you have always shown for the Successor of Peter, I must tell you that I do not feel a stranger in your midst. I am a native of a land that is also vast, with great open ranges, a land which, like your own, received the faith from itinerant missionaries. I too know how hard it is to sow the Gospel among people from different worlds, with hearts often hardened by the trials of a lengthy journey. Nor am I unaware of the efforts made over the years to build up the Church amid the prairies, mountains, cities and suburbs of a frequently inhospitable land, where frontiers are always provisional and easy answers do not always work. What does work is the combination of the epic struggle of the pioneers and the homely wisdom and endurance of the settlers. As one of your poets has put it, ‘strong and tireless wings’ combined with the wisdom of one who knows the mountains.’”

“I do not speak to you with my voice alone, but in continuity with the words of my predecessors. From the birth of this nation, when, following the American Revolution, the first diocese was erected in Baltimore, the Church of Rome has always been close to you; you have never lacked its constant assistance and encouragement. In recent decades, three Popes have visited you and left behind a remarkable legacy of teaching.”

“Their words remain timely and have helped to inspire the long-term goals that you have set for the Church in this country.”

“It is not my intention to offer a plan or to devise a strategy. I have not come to judge you or to lecture you. I trust completely in the voice of the One who ‘teaches all things’ (Jn 14:26). Allow me only, in the freedom of love, to speak to you as a brother among brothers. I have no wish to tell you what to do, because we all know what it is that the Lord asks of us. Instead, I would turn once again to the demanding task – ancient yet never new – of seeking out the paths we need to take and the spirit with which we need to work. Without claiming to be exhaustive, I would share with you some reflections that I consider helpful for our mission.”

“We are bishops of the Church, shepherds appointed by God to feed his flock. Our greatest joy is to be shepherds, and only shepherds, pastors with undivided hearts and selfless devotion. We need to preserve this joy and never let ourselves be robbed of it. The evil one roars like a lion, anxious to devour it, wearing us down in our resolve to be all that we are called to be, not for ourselves but in gift and service to the ‘Shepherd of our souls’ (1 Pet 2:25).”

“The heart of our identity is to be sought in constant prayer, in preaching (Acts 6:4) and in shepherding the flock entrusted to our care (Jn 21:15-17; Acts 20:28-31).”

“Ours must not be just any kind of prayer, but familiar union with Christ, in which we daily encounter his gaze and sense that he is asking us the question: ‘Who is my mother? Who are my brothers?’ (Mk 3:31-34). One in which we can calmly reply: ‘Lord, here is your mother, here are your brothers! I hand them over to you; they are the ones whom you entrusted to me.’ Such trusting union with Christ is what nourishes the life of a pastor.”

“It is not about preaching complicated doctrines, but joyfully proclaiming Christ who died and rose for our sake. The ‘style’ of our mission should make our hearers feel that the message we preach is meant ‘for us.’”

“May the word of God grant meaning and fullness to every aspect of their lives; may the sacraments nourish them with that food which they cannot procure for themselves; may the closeness of the shepherd make them long once again for the Father’s embrace. Be vigilant that the flock may always encounter in the heart of their pastor that ‘taste of eternity’ which they seek in vain in the things of this world. May they always hear from you a word of appreciation for their efforts to confirm in liberty and justice the prosperity in which this land abounds. At the same time, may you never lack the serene courage to proclaim that ‘we must work not for the food which perishes, but for the food which endures for eternal life’ (Jn 6:27).”

“Shepherds who do not pasture themselves but are able to step back, away from the center, to ‘decrease,’ in order to feed God’s family with Christ. Who keep constant watch, standing on the heights to look out with God’s eyes on the flock that is his alone. Who ascend to the height of the cross of God’s Son, the sole standpoint that opens to the shepherd the heart of his flock.”

“Shepherds who do not lower our gaze, concerned only with our concerns, but raise it constantly toward the horizons which God opens before us and which surpass all that we ourselves can foresee or plan. Who also watch over ourselves, so as to flee the temptation of narcissism, which blinds the eyes of the shepherd, makes his voice unrecognizable and his actions fruitless. In the countless paths that lie open to your pastoral concern, remember to keep focused on the core which unifies everything: ‘You did it unto me’ (Mt 25:31-45).”

“Certainly it is helpful for a bishop to have the farsightedness of a leader and the shrewdness of an administrator, but we fall into hopeless decline whenever we confuse the power of strength with the strength of that powerlessness with which God has redeemed us. Bishops need to be lucidly aware of the battle between light and darkness being fought in this world. Woe to us, however, if we make of the cross a banner of worldly struggles and fail to realize that the price of lasting victory is allowing ourselves to be wounded and consumed (Phil 2:1-11).”

“We all know the anguish felt by the first Eleven, huddled together, assailed and overwhelmed by the fear of sheep scattered because the shepherd had been struck. But we also know that we have been given a spirit of courage and not of timidity. So we cannot let ourselves be paralyzed by fear.”

“I know that you face many challenges, that the field in which you sow is unyielding and that there is always the temptation to give in to fear, to lick one’s wounds, to think back on bygone times and to devise harsh responses to fierce opposition.”

“And yet we are promoters of the culture of encounter. We are living sacraments of the embrace between God’s riches and our poverty. We are witnesses of the abasement and the condescension of God who anticipates in love our every response.”

“Dialogue is our method, not as a shrewd strategy but out of fidelity to the One who never wearies of visiting the marketplace, even at the eleventh hour, to propose his offer of love (Mt 20:1-16).”

“The path ahead, then, is dialogue among yourselves, dialogue in your presbyterates, dialogue with lay persons, dialogue with families, dialogue with society. I cannot ever tire of encouraging you to dialogue fearlessly. The richer the heritage that you are called to share with candor, the more eloquent should be the humility with which you should offer it. Do not be afraid to set out on that ‘exodus’ which is necessary for all authentic dialogue. Otherwise, we fail to understand the thinking of others, or to realize deep down that the brother or sister we wish to reach and redeem, with the power and the closeness of love, counts more than their positions, distant as they may be from what we hold as true and certain. Harsh and divisive language does not befit the tongue of a pastor, it has no place in his heart; although it may momentarily seem to win the day, only the enduring allure of goodness and love remains truly convincing.”

“We need to let the Lord’s words echo constantly in our hearts: ‘Take my yoke upon you, and learn from me, who am meek and humble of heart, and you will find refreshment for your souls’ (Mt 11:28-30). Jesus’ yoke is a yoke of love and thus a pledge of refreshment. At times in our work we can be burdened by a sense of loneliness, and so feel the heaviness of the yoke that we forget that we have received it from the Lord. It seems to be ours alone, and so we drag it like weary oxen working a dry field, troubled by the thought that we are laboring in vain. We can forget the profound refreshment that is indissolubly linked to the One who has made us the promise.”

“We need to learn from Jesus, or better to learn Jesus, meek and humble; to enter into his meekness and his humility by contemplating his way of acting; to lead our Churches and our people – not infrequently burdened by the stress of everyday life – to the ease of the Lord’s yoke. And to remember that Jesus’ Church is kept whole not by ‘consuming fire from heaven’ (Lk 9:54), but by the secret warmth of the Spirit, who ‘heals what is wounded, bends what is rigid, straightens what is crooked.’”

“The great mission that the Lord gives us is one which we carry out in communion, collegially. The world is already so torn and divided, brokenness is now everywhere. Consequently, the Church, ‘the seamless garment of the Lord’ cannot allow herself to be rent, broken or fought over.”

“Our mission as bishops is first and foremost to solidify unity, a unity whose content is defined by the Word of God and the one Bread of Heaven. With these two realities each of the Churches entrusted to us remains Catholic, because open to, and in communion with, all the particular Churches and with the Church of Rome which ‘presides in charity.’ It is imperative, therefore, to watch over that unity, to safeguard it, to promote it and to bear witness to it as a sign and instrument which, beyond every barrier, unites nations, races, classes and generations.”

“May the forthcoming Holy Year of Mercy, by drawing us into the fathomless depths of God’s heart in which no division dwells, be for all of you a privileged moment for strengthening communion, perfecting unity, reconciling differences, forgiving one another and healing every rift, that your light may shine forth like ‘a city built on a hill’ (Mt 5:14).”

‘This service to unity is particularly important for this nation, whose vast material and spiritual, cultural and political, historical and human, scientific and technological resources impose significant moral responsibilities in a world which is seeking, confusedly and laboriously, new balances of peace, prosperity and integration. It is an essential part of your mission to offer to the United States of America the humble yet powerful leaven of communion. May all mankind know that the presence in its midst of the ‘sacrament of unity’ (Lumen Gentium, 1) is a guarantee that its fate is not decay and dispersion.”

“This kind of witness is a beacon whose light can reassure men and women sailing through the dark clouds of life that a sure haven awaits them, that they will not crash on the reefs or be overwhelmed by the waves. I encourage you, then, to confront the challenging issues of our time. Ever present within each of them is life as gift and responsibility. The future freedom and dignity of our societies depends on how we face these challenges.”

“The innocent victim of abortion, children who die of hunger or from bombings, immigrants who drown in the search for a better tomorrow, the elderly or the sick who are considered a burden, the victims of terrorism, wars, violence and drug trafficking, the environment devastated by man’s predatory relationship with nature – at stake in all of this is the gift of God, of which we are noble stewards but not masters. It is wrong, then, to look the other way or to remain silent. No less important is the Gospel of the Family, which in the World Meeting of Families in Philadelphia I will emphatically proclaim together with you and the entire Church.”

“These essential aspects of the Church’s mission belong to the core of what we have received from the Lord. It is our duty to preserve and communicate them, even when the tenor of the times becomes resistant and even hostile to that message (Evangelii Gaudium, 34-39). I urge you to offer this witness, with the means and creativity born of love, and with the humility of truth. It needs to be preached and proclaimed to those without, but also to find room in people’s hearts and in the conscience of society.”

“To this end, it is important that the Church in the United States also be a humble home, a family fire which attracts men and women through the attractive light and warmth of love. As pastors, we know well how much darkness and cold there is in this world; we know the loneliness and the neglect experienced by many people, even amid great resources of communication and material wealth. We see their fear in the face of life, their despair and the many forms of escapism to which it gives rise.”

“Consequently, only a Church which can gather around the family fire remains able to attract others. And not any fire, but the one which blazed forth on Easter morn. The risen Lord continues to challenge the Church’s pastors through the quiet plea of so many of our brothers and sisters: ‘Have you something to eat?’ We need to recognize the Lord’s voice, as the apostles did on the shore of the lake of Tiberius (Jn 21:4-12). It becomes even more urgent to grow in the certainty that the embers of his presence, kindled in the fire of his passion, precede us and will never die out. Whenever this certainty weakens, we end up being caretakers of ash, and not guardians and dispensers of the true light and the warmth which causes our hearts to burn within us (Lk 24:32).”

“Before concluding these reflections, allow me to offer two recommendations which are close to my heart. The first refers to your fatherhood as bishops. Be pastors close to people, pastors who are neighbors and servants. Let this closeness be expressed in a special way towards your priests. Support them, so that they can continue to serve Christ with an undivided heart, for this alone can bring fulfillment to ministers of Christ. I urge you, then, not to let them be content with half-measures. Find ways to encourage their spiritual growth, lest they yield to the temptation to become notaries and bureaucrats, but instead reflect the motherhood of the Church, which gives birth to and raises her sons and daughters. Be vigilant lest they tire of getting up to answer those who knock on their door by night, just when they feel entitled to rest (Lk 11:5-8). Train them to be ready to stop, care for, soothe, lift up and assist those who, ‘by chance’ find themselves stripped of all they thought they had (Lk 10:29-37).”

“My second recommendation has to do with immigrants. I ask you to excuse me if in some way I am pleading my own case. The Church in the United States knows like few others the hopes present in the hearts of these ‘pilgrims.’ From the beginning you have learned their languages, promoted their cause, made their contributions your own, defended their rights, helped them to prosper, and kept alive the flame of their faith. Even today, no American institution does more for immigrants than your Christian communities. Now you are facing this stream of Latin immigration which affects many of your dioceses. Not only as the Bishop of Rome, but also as a pastor from the South, I feel the need to thank and encourage you. Perhaps it will not be easy for you to look into their soul; perhaps you will be challenged by their diversity. But know that they also possess resources meant to be shared. So do not be afraid to welcome them. Offer them the warmth of the love of Christ and you will unlock the mystery of their heart. I am certain that, as so often in the past, these people will enrich America and its Church.”

 Junípero Serro Canonization Mass[2]

Mass 9.23

Pope Francis entered the Basilica of the National Shrine of the Immaculate Conception on the campus of the Catholic University of America to raucous cheers and applause from more than 2,000 men and women studying to become priests and nuns. Afterwards the Pope went outside the Cathedral for the open-air mass attended by the 25,000 people who had tickets, including Vice President Joe Biden and many Latinos. The photograph at the left shows the Pope at the mass. In his native Spanish (below in English translation), offered the following homily.

“Rejoice in the Lord always! I say it again, rejoice! These are striking words, words which impact our lives. Paul tells us to rejoice; he practically orders us to rejoice. This command resonates with the desire we all have for a fulfilling life, a meaningful life, a joyful life. It is as if Paul could hear what each one of us is thinking in his or her heart and to voice what we are feeling, what we are experiencing. Something deep within us invites us to rejoice and tells us not to settle for placebos which simply keep us comfortable.”

“At the same time, though, we all know the struggles of everyday life. So much seems to stand in the way of this invitation to rejoice. Our daily routine can often lead us to a kind of glum apathy which gradually becomes a habit, with a fatal consequence: our hearts grow numb.”

“We don’t want apathy to guide our lives… or do we? We don’t want the force of habit to rule our life… or do we? So we ought to ask ourselves: What can we do to keep our heart from growing numb, becoming anesthetized? How do we make the joy of the Gospel increase and take deeper root in our lives?”

“Jesus gives the answer. He said to his disciples then and he says it to us now: Go forth! Proclaim! The joy of the Gospel is something to be experienced, something to be known and lived only through giving it away, through giving ourselves away.”

“The spirit of the world tells us to be like everyone else, to settle for what comes easy. Faced with this human way of thinking, ‘we must regain the conviction that we need one another, that we have a shared responsibility for others and for the world’ (Laudato Si’, 229). It is the responsibility to proclaim the message of Jesus. For the source of our joy is ‘an endless desire to show mercy, the fruit of our own experience of the power of the Father’s infinite mercy’ (Evangelii Gaudium, 24). Go out to all, proclaim by anointing and anoint by proclaiming. This is what the Lord tells us today. He tells us: A Christian finds joy in mission: Go out to people of every nation!”

“A Christian experiences joy in following a command: Go forth and proclaim the good news! A Christian finds ever-new joy in answering a call: Go forth and anoint!”

“Jesus sends his disciples out to all nations. To every people. We too were part of all those people of two thousand years ago. Jesus did not provide a short list of who is, or is not, worthy of receiving his message, his presence. Instead, he always embraced life as he saw it. In faces of pain, hunger, sickness and sin. In faces of wounds, of thirst, of weariness, doubt and pity. Far from expecting a pretty life, smartly-dressed and neatly groomed, he embraced life as he found it. It made no difference whether it was dirty, unkempt, broken. Jesus said: Go out and tell the good news to everyone. Go out and in my name embrace life as it is, and not as you think it should be. Go out to the highways and byways, go out to tell the good news fearlessly, without prejudice, without superiority, without condescension, to all those who have lost the joy of living. Go out to proclaim the merciful embrace of the Father. Go out to those who are burdened by pain and failure, who feel that their lives are empty, and proclaim the folly of a loving Father who wants to anoint them with the oil of hope, the oil of salvation. Go out to proclaim the good news that error, deceitful illusions and falsehoods do not have the last word in a person’s life. Go out with the ointment which soothes wounds and heals hearts.”

“Mission is never the fruit of a perfectly planned program or a well-organized manual. Mission is always the fruit of a life which knows what it is to be found and healed, encountered and forgiven. Mission is born of a constant experience of God’s merciful anointing.”

“The Church, the holy People of God, treads the dust-laden paths of history, so often traversed by conflict, injustice and violence, in order to encounter her children, our brothers and sisters. The holy and faithful People of God are not afraid of losing their way; they are afraid of becoming self-enclosed, frozen into élites, clinging to their own security. They know that self-enclosure, in all the many forms it takes, is the cause of so much apathy.”

“So let us go out, let us go forth to offer everyone the life of Jesus Christ (Evangelii Gaudium, 49). The People of God can embrace everyone because we are the disciples of the One who knelt before his own to wash their feet (ibid., 24).”

“The reason we are here today is that many other people wanted to respond to that call. They believed that ‘life grows by being given away, and it weakens in isolation and comfort’ (Aparecida Document, 360). We are heirs to the bold missionary spirit of so many men and women who preferred not to be ‘shut up within structures which give us a false sense of security… within habits which make us feel safe, while at our door people are starving’ (Evangelii Gaudium, 49). We are indebted to a tradition, a chain of witnesses who have made it possible for the good news of the Gospel to be, in every generation, both ‘good’ and ‘news’”.

“Today we remember one of those witnesses who testified to the joy of the Gospel in these lands, Father Junípero Serra. He was the embodiment of ‘a Church which goes forth,’ a Church which sets out to bring everywhere the reconciling tenderness of God. Junípero Serra left his native land and its way of life. He was excited about blazing trails, going forth to meet many people, learning and valuing their particular customs and ways of life. He learned how to bring to birth and nurture God’s life in the faces of everyone he met; he made them his brothers and sisters. Junípero sought to defend the dignity of the native community, to protect it from those who had mistreated and abused it. Mistreatment and wrongs which today still trouble us, especially because of the hurt which they cause in the lives of many people.”

“Father Serra had a motto which inspired his life and work, a saying he lived his life by: siempre adelante! Keep moving forward! For him, this was the way to continue experiencing the joy of the Gospel, to keep his heart from growing numb, from being anesthetized. He kept moving forward, because the Lord was waiting. He kept going, because his brothers and sisters were waiting. He kept going forward to the end of his life. Today, like him, may we be able to say: Forward! Let’s keep moving forward!”

Little Sisters of the Poor[3]

Pope Francis & Sisters of the Poor
Pope Francis & Sisters of the Poor

After the canonization mass, Pope Francis made an unscheduled 15-minute stop on Wednesday at a Washington residence operated by the Little Sisters of the Poor, an order of Catholic nuns who care for the elderly poor. There he met with about 45 sisters and said that their “mission to the elderly” was” important it is in a society that tends to marginalize the elderly and the poor.”

Later Jesuit Father Federico Lombardi, the Vatican spokesman, told journalists that the papal visit was intended as a sign of support for the Little Sisters’ lawsuit against the Obama administration’s mandate that all employers offer contraceptive coverage in their health plans or participate in a religious “accommodation” that the sisters have refused.

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[1] White House, Remarks by President Obama and His Holiness Pope Francis at Arrival Ceremony (Sept. 23, 2015); Read Pope Francis’ Speeches to the White House, the Bishops and Congress, Word on Fire Blog (Sept, 25, 2015); Reuters, On White House Lawn, Pope Urges U.S. Action on Climate Change, N.Y. Times (Sept. 23, 2015).

[2] Pope Francis’ Homily at the Canonization Mass for the Rev. Junípero Serra, N.Y. Times (Sept. 23, 2015); Santos, Pilgrims Gather in Washington to See Pope Francis Canonize Junípero Serra, N.Y. Times (Sept. 23, 2015); Assoc. Press, Pope Canonizes 18th-Century Missionary; Not Everyone Happy, N.Y. Times (Sept. 23, 2015).

[3] Hadro, Pope Francis made surprise stop at Little Sisters of the Poor to show support, Cath. News Agency (Sept. 23, 2015).

Comments About Cuba by White House Press Secretary 

On the morning of July 20, 2015, Cuba officially opened its Embassy in Washington, D.C., and the United States did likewise in Havana although the ceremonial opening of the latter will be on August 14 when Secretary of State John Kerry goes to Havana to preside that event. Prior posts discussed the ceremonial opening of the Cuban Embassy and the joint press conference later that day at the U.S. Department of State by U.S. Secretary of State John Kerry and Cuba’s Foreign Minister Bruno Rodriguez. This post reviews the extensive July 20 comments about the U.S.-Cuba relationship by White House Press Secretary Josh Earnest.[1] A subsequent post will review the reactions to these events.

Emphasizing Secretary Kerry’s Comments

Josh Earnest
Josh Earnest

Earnest first underscored Secretary Kerry’s comments about the reopening of embassies by saying, “The [U.S.] welcomes today’s historic opening of the embassy of the [U.S.] in Havana, Cuba, and the opening of the Cuban embassy here in Washington, D.C.  Today’s openings are the result of respectful dialogue between the [U.S.] and the Republic of Cuba following the December 17th announcements by President Obama and President Raúl Castro to reestablish diplomatic relations between our two nations.”

“This is yet another demonstration that we don’t have to be imprisoned by the past.  We look forward to working collaboratively to normalize relations with the Cuban government and the Cuban people after more than a half-century of discord.  Beginning today, U.S. diplomats in Havana will have the ability to engage more broadly across the island of Cuba, with the Cuban government, Cuban civil society, and even ordinary Cuban citizens.”

“We look forward to collaborating with the Cuban government on issues of common interest, including counterterrorism and disaster response, and we are confident that the best way to advance universal values like freedom of speech and assembly is through more engagement with the Cuban people.”

U.S. Ambassador to Cuba

The Press Secretary said he did “not have a specific commitment in terms of when [a nominee for U.S. Ambassador to Cuba] would be announced or who that person would be.  We certainly do believe that U.S. interests in Cuba would be best represented by somebody serving as the ambassador there.” Later in the conference, when pressed, he said despite anticipated resistance to the appointment of anyone to that position by some Senate Republicans, he expected such an a nomination to be made by the President.

The “current Chief of Mission is a gentleman named Jeffrey DeLaurentis.  He is somebody who had previously served as the Deputy Assistant Secretary of State for the Bureau of Western Hemisphere Affairs.  He is somebody who has done two previous stints at the U.S. Interests Section in Havana, and somebody who has served in a wide variety of diplomatic roles, including as the political counselor to the U.S. Mission at the United Nations in Geneva, a political counselor at the U.S. embassy in Bogota, even did a stint here at the White House at the National Security Council.

So this is somebody . . . with a wide range of experience in a variety of roles, and we’ve got a lot of confidence in the ability of Ambassador DeLaurentis to represent U.S. interests on the island in Cuba.  But I certainly wouldn’t rule out that the President would nominate somebody to serve at the rank of ambassador at the U.S. embassy in Cuba.”

DeLaurentis’ “top agenda item will be to represent the interests of the [U.S.] on the island.  In some cases, that is going to involve making sure that U.S. businesses and U.S. individuals that are engaged in commercial activity on the island of Cuba, that their interests are represented and protected on the island.  That’s certainly one reason that we’ve seen some bipartisan support in Congress for this policy change.”

“But obviously diplomats who are working at the new U.S. embassy in Cuba will also have the ability to more freely travel throughout Cuba and to interact and engage the Cuban people and, yes, even some members of the political opposition.  And we believe that that will better represent the interest of the [U.S.] on the island.”

Cuban Human Rights.

The change in U.S. policy regarding Cuba “is consistent with the national security interests of the [U.S. and] . . . with the kinds of values that this President and previous Presidents have aggressively advocated all around the world.  Those values are the respect for the basic human rights that we hold dear in this country — freedom of speech, freedom of assembly, freedom of religion, freedom of the press.”

“It’s clear that Cuba has significant progress to make in all of those areas.  What’s also clear is that the previous [U.S.] . . . [did not] really make much progress [on these issues].  The President believed that a change was necessary.  And we’re hopeful that in the coming years we’ll start to see the kind of respect for basic human rights on the island of Cuba that the U.S.] has long advocated.”

[Moreover, an] overwhelming percentage of the Cuban people are supportive and optimistic about this change in policy because of a chance that is has to improve their prospects on the island nation of Cuba.”

“So the President is looking forward to these kinds of changes taking effect [so] that the Cuban people and the Cuban government start to enjoy the benefits and see the results from greater engagement with the [U.S.]”

“In the days after this agreement was announced back in December, a substantial number of individuals who had previously been held by the Cuban government for their political views were released.  And that’s an indication that the Cuban government is trying to at least change their reputation when it comes to these issues.“

“But we have got a long list of concerns.” In addition, “for a long time the U.S. policy of trying to isolate Cuba became a source of irritation in the relationship between the [U.S.] and other countries in the Western Hemisphere.  And by removing that source of irritation, the [U.S.] can now focus attention of . . . other countries in the Western Hemisphere on the Cuban government’s rather sordid human rights record.”

“And again, that is part of the strategy for seeking to engage the Cuban people more effectively, and bring about the kind of change that we would like to see inside of Cuba.”

U.S. Leverage To Effect Change in Cuba.

As a result of the change in U.S. policy regarding Cuba, the U.S. will “have the leverage of the other countries in the Western Hemisphere that now are no longer distracted by the U.S. embargo against Cuba. . . . In fact, . . . we’ve remove[d] that irritant and allowed the rest of the Western Hemisphere to focus more closely on the conduct and policies of the Cuban government. That certainly is a positive development.”

“[A]ny perceived leverage [for the U.S.] that was included in an embargo did not succeed in generating the kind of outcome that its most ardent advocates believe is important.  We didn’t see the kind of progress on human rights reforms that we would like to see while that embargo was in place.”

That is “why the President has called for the removal of the embargo and . . . to take steps to restore diplomatic ties between our two nations. [T]he policy of isolation . . . [has] failed and it was time to try a different approach to succeed in achieving the goal that we all share, which is a Cuba that thrives and a Cuban government that respects and even protects the basic human rights of their citizens.”

“[P]art of this agreement included ensuring that Cuban citizens have greater access to the Internet and greater access to information, and we believe that, equipped with that knowledge, that that’s a good thing for the Cuban people.”

“What is persuasive [about this enhanced U.S. leverage] is that most public polls indicate that upwards of 90 percent of the Cuban population actually support this policy change. . . . [This] is an indication that it’s not just the U.S. interests that are best served by this policy; it’s actually the interests of the Cuban people that are best served by this policy as well.”

This “is something that we can evaluate in the years to come.  I certainly am not going to make you wait 55 years to evaluate the success of this policy, but it’s clear that the previous policy could be evaluated over 55 years and it clearly did not bring about the kind of results that we’d like to see.”

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[1] White House, Press Briefing by Press Secretary Josh Earnest, 7/20/15.