FacebookTwitterGoogle+RedditEmail

The Cuban Five and the Garbus Memo

Havana.

The US Government seriously violated the Constitution and the Law to guarantee the unfair sentences of the Five Cuban patriots who will soon arrive at 14 years of arbitrary and illegal punishment. This was not an isolated event, but rather a systematic effort during the whole process against the Five that cost millions of tax payers’ money. There is only very limited information available on the duration, resources used, people involved, and other important aspects of the operation.

Disclosing this behavior would force the authorities – both the Court and the Executive- to arrange for the immediate release of our five compañeros and, consequently, Washington has also conspired to hide what it did thus committing an additional crime: cover up.

This is the essence of the affidavit just submitted to Florida’s South District Judge, Joan Lenard, by Martin Garbus, Gerardo Hernández Nordelo’s lawyer. The text supports his previous request demanding the overturning of Gerardo’s conviction or, as an alternative, the Judge’s order to release all the evidence the Government is hiding and the granting of an oral audience.

Although there are many other violations mentioned in the process of appeal – now in its last, extraordinary stage- this document focuses on the conspiracy of the Government with Miami media to condemn beforehand the accused and render a fair trial impossible.

The nature of the conspiracy was to use these media to unleash an unprecedented propaganda campaign of hatred and hostility. To this end they used a large group of “journalists” –in true fact Government cover agents- who published articles and comments time and again, day and night, to produce an authentic flood of misinformation. Between November 27, 2000 –when the trial started- and July 8, 2001 -when they were found guilty- The Miami Herald and El Nuevo Herald alone had published 1111 articles, an average of more than 5 per day. Something similar happened with the Diario de Las Américas, thus totally saturating the printed press.

The “journalists” were paid by Radio and TV Marti from the US Federal Budget. These guys did additional work for these two media and their items were disseminated in the Miami area where both anti-Cuban sources had at the time, and still have, direct broadcasting, and are also replicated through local media (this is another violation of US law that forbids official propaganda within the US territory).

These so called journalists not only acted through Radio and TV Marti and printed media, they also used local English and Spanish radio and TV stations as well as printed publications that circulate there, some of which are free.

It was impossible to escape the permanent flow of propaganda anywhere in South Florida.

 

But the criminal action of the “journalists” –and the Government that paid them- went beyond mere propaganda. During the trial the defense denounced several times that these journalists were seeking to influence the members of the jury by divulging materials whose presentation the Judge had forbidden. Obviously they could only have obtained the materials from the D.A.’s Office.

If all this were not enough, the “journalists” also harassed witnesses and jurors. The latter complained to the Judge saying they were frightened, because they were followed with cameras and microphones. This was acknowledged several times by Judge Lenard who asked the Government –obviously without success- to help her avoid situations that tarnished the image of the US Judicial System. (See Official Record of the Trial, pages 22, 23, 111, 112, 625, 14644-14646).

In August 2005, the three judges in the Court of Appeals unanimously ruled the mistrial of the Miami process because it had taken place under what they described as “a perfect storm of prejudice and hostility”, created by the local media. When the three judges gave their historical ruling they did not know –they or anybody else could not have known- that the orchestrator of the perfect storm was the DA’s Office that prevaricated openly and forfeited its constitutional duty to preserve legality and guarantee a fair trial.

The first news of the Government conspiracy with its “journalists” came out a year later in September 2006. Since then the Government has opposed the efforts of US civil society organizations to make it disclose –in compliance with the Freedom of Information Act (FOIA)- the extent of the payments and contracts. The DA’s Office has also opposed the requests included in the extraordinary appeals of our compatriots and has threatened to resort to “executive privileges” and “national security reasons” to maintain the cover up.

The case of The Cuban Five has a bizarre link with media and journalism. In Miami the media was a decisive tool to condemn them. Outside Miami they are punished with silence.

The unquestionable denunciation by Martin Garbus poses a challenge to professional journalists. Will they let this be covered up again and become accomplices of those who tarnished their noble profession? Or will they try to save the honor of their profession by demanding that the fakes be unmasked and that truth and justice prevail?

Ricardo Alarcón is the president of the Cuban National Assembly.

Translated by CubaNews.

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

January 23, 2019
Paul Street
Time for the U.S. Yellow Vests
Charles McKelvey
Popular Democracy in Cuba
Kenn Orphan
The Smile of Class Privilege
Leonard Peltier
The History Behind Nate Phillips’ Song
Kenneth Surin
Stalled Brexit Goings On
Jeff Cohen
The System’s Falling Apart: Were the Dogmatic Marxists Right After All?
Cira Pascual Marquina
Chavez and the Continent of Politics: a Conversation with Chris Gilbert
George Ochenski
Turning Federal Lands Over to the States and Other Rightwing Fantasies
George Wuerthner
Forest Service Ignores Science to Justify Logging
Raouf Halaby
In the Fray: Responses to Covington Catholic High
Kim C. Domenico
No Saviors But Ourselves; No Disobedience Without Deeper Loyalty
Ted Rall
Jury Trial? You Have No Right!
Michael Doliner
The Pros and Cons of Near Term Human Extinction
Lee Ballinger
Musical Unity
Elliot Sperber
The Ark Builders
January 22, 2019
Patrick Cockburn
On the Brink of Brexit: the Only Thing Most People Outside Westminster Know About Brexit is That It’s a Mess
Raouf Halaby
The Little Brett Kavanaughs from Covington Catholic High
Dean Baker
The Trump Tax Cut is Even Worse Than They Say
Stanley L. Cohen
The Brazen Detention of Marzieh Hashemi, America’s Newest Political Prisoner
Karl Grossman
Darth Trump: From Space Force to Star Wars
Glenn Sacks
Teachers Strike Dispatch #8: New Independent Study Confirms LAUSD Has the Money to Meet UTLA’s Demands
Haydar Khan
The Double Bind of Human Senescence
Alvaro Huerta
Mr. President, We Don’t Need Your Stinking Wall
Howard Lisnoff
Another Slugger from Louisville: Muhammad Ali
Nicole Patrice Hill – Kollibri terre Sonnenblume
The Scarlet “I”: Climate Change, “Invasive” Plants and Our Culture of Domination
Jonah Raskin
Disposable Man Gets His Balls Back
Thomas Knapp
Now More Than Ever, It’s Clear the FBI Must Go
January 21, 2019
W. T. Whitney
New US Economic Attack Against Cuba, Long Threatened, May Hit Soon
Jérôme Duval
Macronist Repression Against the People in Yellow Vests
Dean Baker
The Next Recession: What It Could Look Like
Eric Mann
All Hail the Revolutionary King: Martin Luther King and the Black Revolutionary Tradition
Binoy Kampmark
Spy Theories and the White House: Donald Trump as Russian Agent
Edward Curtin
We Need a Martin Luther King Day of Truth
Bill Fried
Jeff Sessions and the Federalists
Ed Corcoran
Central America Needs a Marshall Plan
Colin Todhunter
Complaint Lodged with European Ombudsman: Regulatory Authorities Colluding with Agrochemicals Industry
Manuel E. Yepe
The US War Against the Weak
Weekend Edition
January 18, 2019
Friday - Sunday
Melvin Goodman
Star Wars Revisited: One More Nightmare From Trump
John Davis
“Weather Terrorism:” a National Emergency
Jeffrey St. Clair
Roaming Charges: Sometimes an Establishment Hack is Just What You Need
Joshua Frank
Montana Public Schools Block Pro-LGBTQ Websites
Louisa Willcox
Sky Bears, Earth Bears: Finding and Losing True North
Robert Fisk
Bernie Sanders, Israel and the Middle East
Robert Fantina
Pompeo, the U.S. and Iran
David Rosen
The Biden Band-Aid: Will Democrats Contain the Insurgency?
FacebookTwitterGoogle+RedditEmail