Posada Walks; Judge Throws Out Case

Luis Posada Carriles plans to return to Miami a free man after an El Paso federal judge dismissed immigration fraud charges against the Cuban exile militant Tuesday. The reason: The government translator botched the English-Spanish interpretation of his citizenship interview.

In her 38-page written order scrapping the indictment, U.S. District Judge Kathleen Cardone accused the United States government of engaging in ''fraud, deceit and trickery'' to indict Posada. She called the government's citizenship interview a ''pretext for a criminal investigation'' so it could charge Posada.

Comments

[Jose Aguirre]

Judge Cardone got it right!!! May Posada Carriles live long enough to see fidel and raulita executed after a fair trial in a free Cuba!

[victor]

Only in American...land that I love..stand beside her and guide her cause "the dog is loose". And now for a "cafecito" at Versalles,with his old hag Borsh..Bush and this regime know when not to put a man on the stand..Especially when their defense is that they will talk,and will have to be slapped to stop talking..Like the Madam in D.C. NO CHARGES,NO LIP..its a dark day folks,and you all know it..

[victor]

Only in American...land that I love..stand beside her and guide her cause "the dog is loose". And now for a "cafecito" at Versalles,with his old hag Borsh..Bush and this regime know when not to put a man on the stand..Especially when their defense is that they will talk,and will have to be slapped to stop talking..Like the Madam in D.C. NO CHARGES,NO LIP..its a dark day folks,and you all know it..

[curt]

Maybe some of the victims of the 1976 plane bombing have relatives who now live in Miami and the relatives will give Posada-Carriles the justice he deserves.

[victor]

2 clicks to the left Mr Agguire..2 clicks to the left will take out the other half of his jaw...That way you can spoon feed the sob..For my non spanish speaking posters...The word for today is koh may me err naw

[another view]

CONGRESSIONAL TRANSCRIPTS
Congressional Hearings
May 10, 2007
House Judiciary Committee Holds Hearing on Department of Justice Oversight
WITNESSES:
ATTORNEY GENERAL ALBERTO R. GONZALES
REP. BILL DELAHUNT, D-MASS.

DELAHUNT:
General Gonzales, we've heard about delegation and the size of the
department. And I think we all understand that, and, obviously, the need to
delegate powers and authorities. But there are some powers and authorities
that you cannot delegate.
And you've been an ardent advocate for the Patriot Act.

GONZALES:
Yes.

DELAHUNT:
You support it, you've come here and you've testified, correct?

GONZALES:
That is correct, sir.

DELAHUNT:
And you have the power to review information regarding organizations and
an individual to determine whether they are terrorists. And you have the
power to detain those individuals. Is that correct?

GONZALES:
Depending on, of course -- always relying upon the recommendations, the
analysis and views of...

DELAHUNT:
I understand that. But you can delegate that decision-making process to
the deputy attorney general, but you can't delegate it to a U.S. attorney or
anyone else. In the end, that's your decision to make, correct?

GONZALES:
And, of course, I'm head of the department and in the end I'm
responsible for...

DELAHUNT:
I understand.
(CROSSTALK)

DELAHUNT:
Well, back in March of 2005 an individual by the name of Luis Posada
Carriles entered this country illegally. He has had a long and rather
dramatic history of violence and in fact has been convicted of acts of
terrorism in other countries.
The most famous charge, of course -- and this is referenced in a series
of FBI documents that are now in the public domain -- is that he was
implicated in the midair bombing of a Cuban airliner, resulting in the
deaths of some 73 civilians.
I'm sure you're familiar with that.

GONZALES:
I'm familiar with the news stories, yes, sir.

DELAHUNT:
Well, let me ask you this: Have you reviewed this particular case?

GONZALES:
I'm aware of this case.

DELAHUNT:
And have you made at any point in time an assessment of whether this
individual should be designated as a terrorist and detained?

GONZALES:
What I can say, Congressman, is that, of course, I'm concerned about
what I know. And we've taken steps in the courts to try...

DELAHUNT:
I understand you've taken steps in courts, but I'd appreciate a direct
answer.

GONZALES:
What's the question?

DELAHUNT:
Why have you not taken steps to designate Luis Posada Carriles as a
testimony -- rather, as a terrorist, given the overwhelming information that
exists in the public domain today?

GONZALES:
Congressman, what I'd like to do is go back and look at this case so I
can give you an answer. I want to be -- I want to be totally accurate with
you with respect to...

DELAHUNT:
I understand. But this is your responsibility. ..

GONZALES:
And I want to be careful about what I can say publicly. And so, again...

DELAHUNT:
Well, I understand you have to careful. But at the same time, have you
undertaken a review of this case, given the law authorizing you...

GONZALES:
I'm aware of the circumstances of this case. But I'm also aware that
there are still on -- think -- matters and actions ongoing within the
department that have not been completed. And I don't want to say anything
that would in any way jeopardize that.

DELAHUNT:
Well, what we have now, given the decision that was rendered this past
week, is we have Mr. Posada Carriles a free man in this country. You're
familiar with that.

GONZALES:
I'm aware of the judge's decision. We obviously disagree. We're making
estimates about what to do.

DELAHUNT:
Well, let me reclaim my time, and let me read a finding of the court
that I find particularly disturbing, and I would be interested in your
response. "In addition" -- this is the judge, now -- "In addition to
engaging in fraud, deceit and trickery, this court finds that the
government's tactics in this case are so grossly shocking and so outrageous,
to violate the universal sense of justice. As a result, this court is left
with no choice but to dismiss this indictment."
Now, in my previous life, I also was a prosecutor. I have never in my 22
years as a prosecutor read that kind of language coming from a court.

GONZALES:
May I just say that I respectfully disagree with the judge? And because
this is a matter that's still pending, I'm not going to otherwise comment on
her comments.

DELAHUNT:
Right.
Well, let me go back again to the earlier question that I posed, that
the designation by yourself of Luis Posada Carriles as a terrorist does not
require, under the Patriot Act, an act which you have supported and this
administration has advocated for -- does not require any judicial review.
Is that a fair statement?

GONZALES:
I think that is a fair statement, Congressman.
But, again, with respect to your specific question as to why hasn't this
happened, I need more information. I'd be happy to hopefully get back...

DELAHUNT:
With all due respect, Mr. Attorney General, as my colleague from
California said, the buck stops with you on this one.

GONZALES:
I understand.

DELAHUNT:
This is not susceptible to being delegated anywhere else. And I would
hope you would take a look -- a hard look, now.
Let me ask you this...