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.

Weekend Edition
March 16, 2018
Friday - Sunday
Michael Uhl
The Tip of the Iceberg: My Lai Fifty Years On
Bruce E. Levine
School Shootings: Who to Listen to Instead of Mainstream Shrinks
Mel Goodman
Caveat Emptor: MSNBC and CNN Use CIA Apologists for False Commentary
Paul Street
The Obama Presidency Gets Some Early High Historiography
Kathy Deacon
Me, My Parents and Red Scares Long Gone
Jeffrey St. Clair
Roaming Charges: Rexless Abandon
Andrew Levine
Good Enemies Are Hard To Find: Therefore Worry
Jim Kavanagh
What to Expect From a Trump / Kim Summit
Ron Jacobs
Trump and His Tariffs
Joshua Frank
Drenched in Crude: It’s an Oil Free For All, But That’s Not a New Thing
Gary Leupp
What If There Was No Collusion?
Matthew Stevenson
Why Vietnam Still Matters: Bernard Fall Dies on the Street Without Joy
Robert Fantina
Bad to Worse: Tillerson, Pompeo and Haspel
Brian Cloughley
Be Prepared, Iran, Because They Want to Destroy You
Richard Moser
What is Organizing?
Scott McLarty
Working Americans Need Independent Politics
Rohullah Naderi
American Gun Violence From an Afghan Perspective
Sharmini Peries - Michael Hudson
Why Trump’s Tariff Travesty Will Not Re-Industrialize the US
Ted Rall
Democrats Should Run on Impeachment
Robert Fisk
Will We Ever See Al Jazeera’s Investigation Into the Israel Lobby?
Kristine Mattis
Superunknown: Scientific Integrity Within the Academic and Media Industrial Complexes
John W. Whitehead
Say No to “Hardening” the Schools with Zero Tolerance Policies and Gun-Toting Cops
Edward Hunt
UN: US Attack On Syrian Civilians Violated International Law
Barbara Nimri Aziz
Iraq Outside History
Wilfred Burchett
Vietnam Will Win: The Long Hard Road
Victor Grossman
Germany: New Faces, Old Policies
Medea Benjamin - Nicolas J. S. Davies
The Iraq Death Toll 15 Years After the US Invasion
Binoy Kampmark
Amazon’s Initiative: Digital Assistants, Home Surveillance and Data
Chuck Collins
Business Leaders Agree: Inequality Hurts The Bottom Line
Jill Richardson
What We Talk About When We Talk About “Free Trade”
Eric Lerner – Jay Arena
A Spark to a Wider Fire: Movement Against Immigrant Detention in New Jersey
Negin Owliaei
Teachers Deserve a Raise: Here’s How to Fund It
Kollibri terre Sonnenblume
What to Do at the End of the World? Interview with Climate Crisis Activist, Kevin Hester
Kevin Proescholdt
Secretary of Interior Ryan Zinke Attacks America’s Wilderness
Franklin Lamb
Syrian War Crimes Tribunals Around the Corner
Beth Porter
Clean Energy is Calling. Will Your Phone Company Answer?
George Ochenski
Zinke on the Hot Seat Again and Again
Lance Olsen
Somebody’s Going to Extremes
Robert Koehler
Breaking the Ice
Pepe Escobar
The Myth of a Neo-Imperial China
Graham Peebles
Time for Political Change and Unity in Ethiopia
Terry Simons
10 American Myths “Refutiated”*
Thomas Knapp
Some Questions from the Edge of Immortality
Louis Proyect
The 2018 Socially Relevant Film Festival
David Yearsley
Keaton’s “The General” and the Pernicious Myths of the Heroic South