[Marxism] FLASH: Magistrate rules in Cuban militant's favor in bid to leave jail

Walter Lippmann walterlx at earthlink.net
Tue Sep 12 10:54:46 MDT 2006


Magistrate rules in Cuban militant's favor in bid to leave jail
http://www.iht.com/articles/ap/2006/09/12/america/NA_GEN_US_Cuban_Militant.p
hp

The Associated Press

Published: September 11, 2006

EL PASO, Texas A federal judge has agreed that an anti-Castro Cuban
militant accused of masterminding theh 1976 bombing of a Cuban
airliner should be able to leave a federal immigration jail while he
waits to be deported, a defense lawyer said.

U.S. Magistrate Judge Norbert Garney issued a 23-page written ruling
Monday that Luis Posada Carriles should be set free from the El Paso
immigration detention center where he has been held since his arrest
on immigration charges last year, Posada's El Paso lawyer, Felipe
D.J. Millan, said Monday.

Millan said the ruling will now go to a federal district judge. If
Garney's ruling is upheld, he anticipates that Posada could be set
free in about 30 days.

"As far as we're concerned, we're on the right track," Millan said of
the favorable ruling.

A Department of Justice spokesman said Monday evening that the agency
is reviewing the decision.

The 78-year-old Cuba native and naturalized Venezuelan citizen is
wanted in Venezuela on charges that he plotted the deadly 1976
bombing of a Cuban jetliner from Caracas.Posada has denied
involvement in the bombing, which killed 73 people.

Eric Wingerter, a Venezuelan government spokesman in Washington, said
Garney's ruling "is exactly the wrong message to be sending" at a
time of increased focused on fighting terrorism.

"We're talking about a guy who blew up an airplane that was holding
the most innocent people imaginable," Wingerter said. "If that is not
the definition of a terrorist, I don't know what is."

Wingerter said the date of the ruling, the fifth anniversary of the
Sept. 11, 2001, terrorist attacks, was "particularly insulting to the
families of the victims."

"If we are serious about fighting terrorism then we need to prosecute
all terrorists, not just those opposed to U.S. foreign policy."

Posada was arrested in Miami last year on charges that he illegally
crossed into Texas from Mexico.

Last year an immigration judge ruled that Posada should be deported
but said he could not be sent to Cuba or Venezuela because of the
fear that he could be tortured.

Wingerter said that ruling "is not grounded in facts" and lawyers for
the Venezuelan government are continuing efforts to have Posada sent
back to face trial.

During a brief hearing in federal court last month, Posada asked
Garney to let him return to Miami, where his wife and children live,
until the U.S. government can find another country to send him to.

Federal authorities have been trying since October to find a country
that would accept Posada. Canada, Guatemala, Mexico, Costa Rica and
El Salvador have all rejected formal requests.

Posada, a former CIA operative and U.S. Army soldier, has applied for
U.S. citizenship. That application is pending, Millan said.

EL PASO, Texas A federal judge has agreed that an anti-Castro Cuban
militant accused of masterminding theh 1976 bombing of a Cuban
airliner should be able to leave a federal immigration jail while he
waits to be deported, a defense lawyer said.

U.S. Magistrate Judge Norbert Garney issued a 23-page written ruling
Monday that Luis Posada Carriles should be set free from the El Paso
immigration detention center where he has been held since his arrest
on immigration charges last year, Posada's El Paso lawyer, Felipe
D.J. Millan, said Monday.

Millan said the ruling will now go to a federal district judge. If
Garney's ruling is upheld, he anticipates that Posada could be set
free in about 30 days.

"As far as we're concerned, we're on the right track," Millan said of
the favorable ruling.

A Department of Justice spokesman said Monday evening that the agency
is reviewing the decision.

The 78-year-old Cuba native and naturalized Venezuelan citizen is
wanted in Venezuela on charges that he plotted the deadly 1976
bombing of a Cuban jetliner from Caracas.Posada has denied
involvement in the bombing, which killed 73 people.

Eric Wingerter, a Venezuelan government spokesman in Washington, said
Garney's ruling "is exactly the wrong message to be sending" at a
time of increased focused on fighting terrorism.

"We're talking about a guy who blew up an airplane that was holding
the most innocent people imaginable," Wingerter said. "If that is not
the definition of a terrorist, I don't know what is."

Wingerter said the date of the ruling, the fifth anniversary of the
Sept. 11, 2001, terrorist attacks, was "particularly insulting to the
families of the victims."

"If we are serious about fighting terrorism then we need to prosecute
all terrorists, not just those opposed to U.S. foreign policy."

Posada was arrested in Miami last year on charges that he illegally
crossed into Texas from Mexico.

Last year an immigration judge ruled that Posada should be deported
but said he could not be sent to Cuba or Venezuela because of the
fear that he could be tortured.

Wingerter said that ruling "is not grounded in facts" and lawyers for
the Venezuelan government are continuing efforts to have Posada sent
back to face trial.

During a brief hearing in federal court last month, Posada asked
Garney to let him return to Miami, where his wife and children live,
until the U.S. government can find another country to send him to.

Federal authorities have been trying since October to find a country
that would accept Posada. Canada, Guatemala, Mexico, Costa Rica and
El Salvador have all rejected formal requests.

Posada, a former CIA operative and U.S. Army soldier, has applied for
U.S. citizenship. That application is pending, Millan said.





More information about the Marxism mailing list