Click amount to donate direct to CounterPunch
  • $25
  • $50
  • $100
  • $500
  • $other
  • use PayPal
Keep CounterPunch ad free. Support our annual fund drive today!

Spies Without Espionage


The first indictment in September 1998 charged the Cuban Five of being unregistered Cuban agents and of other minor violations. The government also charged three of them–Gerardo, Ramón and Antonio–with “conspiracy to commit espionage” (Count Two of the indictment)

Prosecutors didn’t accuse any of them of actual espionage for a very simple reason: there was not such a thing and thus it could never be proven. The prosecutors went even farther. At their opening statement they warned the jury not to expect them to present any secrets or anything of that sort. The only thing the prosecution needed was to “convince” the jurors that the defendants were really bad people capable of conceiving an attempt to endanger the national security of the United States sometime in a hypothetical future. And, they argued, the defendants had to get the most severe punishment possible because they were the really bad guys disrupting the peace and tranquility in Miami. Remember Elian?

In order to achieve that goal the prosecutors, notwithstanding what their own indictment said, made the most inflammatory kinds of statements at trial, accusing the Five of no less than trying “to destroy the United States” and reminding the scared jurors that if they failed to condemn them they will “betray the community”.

The media did the rest of the job. They have always portrayed the Cuban Five as “spies” or as people accused of being “spies”. The media went into overdrive in performing their task. They keep repeating the same tune even after the en banc Court of Appeals unanimously determined in September 2008 that there was no evidence that the accused had “gathered or transmitted top secret information” or that they had damaged the national security of the United States and thus it decided that the sentences for Charge 2 (conspiracy to commit espionage) were erroneous, it vacated them and remanded Ramon and Antonio for resentencing (Eleventh Circuit Appeals Court, No. 01-17176, D.C Docket No. 98-00721-CR-JAL, pages 70-81). Nevertheless, even though it acknowledged that the same procedure should be applied to Gerardo, in an astounding act of judicial discrimination, the court refused to do so adducing that a life sentence was already weighing against him.

As a matter of fact, it was very easy to realize that in this case no secret or military information was involved and that the national security of the US was never affected. That was what the Pentagon said, in clear, plain language before the trial started. That was the testimony, under oath, by Admiral (R) Eugene Carroll (official transcripts pages 8196-8301), Army General (R) Edward Breed Atkeson (Idem pages 11049-11199), General and former Commander of Southern Command Charles Elliot Wilhelm (Idem pages 11491-11547), Air Force Lieutenant General (R) James R. Clapper (Idem pages 13089-13235).

Their testimonies were not secret, but were made voluntarily in open court. Probably such a parade of distinguished and decorated military chiefs sustaining the innocence of some young Cuban revolutionaries has not happen before a US Court of law. This didn’t make the news out of Miami, but the official transcripts of the trial are there for anybody to read.

Since the Cuban Five were condemned there have been other cases whose results sharply contrast with theirs. Let’s very briefly consider a few of them.

Khaled Abdel-Latif Dumeisi, accused of being an unregistered agent of the Saddam Hussein Government, was sentenced in April 2004, in the middle of the US war with Iraq, to 3 years and 10 months in prison.

Leandro Aragoncillo was found guilty in July 2007 of transmitting secret national defense information of the United States (around 800 classified documents) obtained from his office in the White House, where he worked as military assistant to Vice Presidents Al Gore and Dick Cheney. Mister Aragoncillo was sentenced to 10 years in prison while his co-conspirator Michael Ray Aquino got 6 years and 4 months.

Gregg W. Bergersen, a Defense Department analyst was found guilty in July 2008 of providing national defense information to unauthorized persons in exchange for money and gifts and was sentenced to 4 years and 9 months in prison.

Lawrence Anthony Franklyn, a US Air Force Reserves colonel, working in the Defense Department was found guilty of giving classified and national defense information, including military secrets, to representatives of a foreign government and was sentenced to 12 years and 7 months. But he never entered a federal prison. He was free while appealing and last May the Justice Department dropped the charges that sustained his case.

It goes without saying that none of the cases referred to above were tried in Southern Florida or involved any attempts to frustrate criminal plans.

The Cuban Five got, together, 4 life terms plus 77 years. They didn’t work at the White House, or the Pentagon, or the State Department. They never had  or sought access to any secret information. But they did something unforgivable. They fought anti-Cuban terrorism and they did it in Miami.

RICARDO ALARCÓN de QUESADA is president of the Cuban National Assembly.








Ricardo Alarcón de Quesada has served as Cuba’s UN ambassador, Foreign Minister and president of the National Assembly.

2016 Fund Drive
Smart. Fierce. Uncompromised. Support CounterPunch Now!

  • cp-store
  • donate paypal

CounterPunch Magazine


October 27, 2016
Paul Street
An Identity-Politicized Election and World Series Lakefront Liberals Can Love
Matthew Stevenson
Sex and the Presidential City
Jim Kavanagh
Tom Hayden’s Haunting
CJ Hopkins
The Pathologization of Dissent
Mike Merryman-Lotze
The Inherent Violence of Israel’s Gaza Blockade
Robert Fisk
Is Yemen Too Much for the World to Take?
Shamus Cooke
Stopping Hillary’s Coming War on Syria
Jan Oberg
Security Politics and the Closing of the Open Society
Ramzy Baroud
The War on UNESCO: Al-Aqsa Mosque is Palestinian and East Jerusalem is Illegally Occupied
Colin Todhunter
Lower Yields and Agropoisons: What is the Point of GM Mustard in India?
Norman Pollack
The Election: Does It Matter Who Wins?
Nyla Ali Khan
The Political and Cultural Richness of Kashmiriyat
Barbara Nimri Aziz
“It’s Only a Car!”
October 26, 2016
John W. Whitehead
A Deep State of Mind: America’s Shadow Government and Its Silent Coup
Eric Draitser
Dear Liberals: Trump is Right
Anthony Tarrant
On the Unbearable Lightness of Whiteness
Mark Weisbrot
The Most Dangerous Place in the World: US Pours in Money, as Blood Flows in Honduras
Chris Welzenbach
The Establishment and the Chattering Hack: a Response to Nicholas Lemann
Luke O'Brien
The Churchill Thing: Some Big Words About Trump and Some Other Chap
Sabia Rigby
In the “Jungle:” Report from the Refugee Camp in Calais, France
Linn Washington Jr.
Pot Decriminalization Yields $9-million in Savings for Philadelphia
Pepe Escobar
“America has lost” in the Philippines
Pauline Murphy
Political Feminism: the Legacy of Victoria Woodhull
Lizzie Maldonado
The Burdens of World War III
David Swanson
Slavery Was Abolished
Thomas Mountain
Preventing Cultural Genocide with the Mother Tongue Policy in Eritrea
Colin Todhunter
Agrochemicals And The Cesspool Of Corruption: Dr. Mason Writes To The US EPA
October 25, 2016
David Swanson
Halloween Is Coming, Vladimir Putin Isn’t
Hiroyuki Hamada
Fear Laundering: an Elaborate Psychological Diversion and Bid for Power
Priti Gulati Cox
President Obama: Before the Empire Falls, Free Leonard Peltier and Mumia Abu-Jamal
Kathy Deacon
Plus ça Change: Regime Change 1917-1920
Robin Goodman
Appetite for Destruction: America’s War Against Itself
Richard Moser
On Power, Privilege, and Passage: a Letter to My Nephew
Rev. William Alberts
The Epicenter of the Moral Universe is Our Common Humanity, Not Religion
Dan Bacher
Inspector General says Reclamation Wasted $32.2 Million on Klamath irrigators
David Mattson
A Recipe for Killing: the “Trust Us” Argument of State Grizzly Bear Managers
Derek Royden
The Tragedy in Yemen
Ralph Nader
Breaking Through Power: It’s Easier Than We Think
Norman Pollack
Centrist Fascism: Lurching Forward
Guillermo R. Gil
Cell to Cell Communication: On How to Become Governor of Puerto Rico
Mateo Pimentel
You, Me, and the Trolley Make Three
Cathy Breen
“Today Is One of the Heaviest Days of My Life”
October 24, 2016
John Steppling
The Unwoke: Sleepwalking into the Nightmare
Oscar Ortega
Clinton’s Troubling Silence on the Dakota Access Pipeline
Patrick Cockburn
Aleppo vs. Mosul: Media Biases