FacebookTwitterGoogle+RedditEmail

The Cuban Five and the Garbus Memo

by RICARDO ALARCÓN de QUESADA

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.

CounterPunch Magazine

minimag-edit

bernie-the-sandernistas-cover-344x550

zen economics

Weekend Edition
June 23, 2017
Friday - Sunday
Jeffrey St. Clair
Democrats in the Dead Zone
Gary Leupp
Trump, Qatar and the Danger of Total Confusion
Andrew Levine
The “Democracies” We Deserve
Jeffrey St. Clair - Joshua Frank
The FBI’s “Operation Backfire” and the Case of Briana Waters
Rob Urie
Cannibal Corpse
Joseph G. Ramsey
Savage Calculations: On the Exoneration of Philando Castile’s Killer
John Wight
Trump’s Attack on Cuba
Dave Lindorff
We Need a Mass Movement to Demand Radical Progressive Change
Brian Cloughley
Moving Closer to Doom
David Rosen
The Sex Offender: the 21st Century Witch
John Feffer
All Signs Point to Trump’s Coming War With Iran
Jennifer L. Lieberman
What’s Really New About the Gig Economy?
Pete Dolack
Analyzing the Failures of Syriza
Vijay Prashad
The Russian Nexus
Mike Whitney
Putin Tries to Avoid a Wider War With the US
Gregory Barrett
“Realpolitik” in Berlin: Merkel Fawns Over Kissinger
Louis Yako
The Road to Understanding Syria Goes Through Iraq
Graham Peebles
Grenfell Tower: A Disaster Waiting to Happen
Ezra Rosser
The Poverty State of Mind and the State’s Obligations to the Poor
Ron Jacobs
Andrew Jackson and the American Psyche
Pepe Escobar
Fear and Loathing on the Afghan Silk Road
Andre Vltchek
Why I Reject Western Courts and Justice
Lawrence Davidson
On Hidden Cultural Corruptors
Christopher Brauchli
The Routinization of Mass Shootings in America
Missy Comley Beattie
The Poor Need Not Apply
Martin Billheimer
White Man’s Country and the Iron Room
Joseph Natoli
What to Wonder Now
Tom Clifford
Hong Kong: the Chinese Meant Business
Thomas Knapp
The Castile Doctrine: Cops Without Consequences
Nyla Ali Khan
Borders Versus Memory
Binoy Kampmark
Death on the Road: Memory in Tim Winton’s Shrine
Tony McKenna
The Oily Politics of Unity: Owen Smith as Northern Ireland Shadow Secretary
Nizar Visram
If North Korea Didn’t Exist US Would Create It
John Carroll Md
At St. Catherine’s Hospital, Cite Soleil, Haiti
Kenneth Surin
Brief Impressions of the Singaporean Conjucture
Paul C. Bermanzohn
Trump: the Birth of the Hero
Jill Richardson
Trump on Cuba: If Obama Did It, It’s Bad
Olivia Alperstein
Our President’s Word Wars
REZA FIYOUZAT
Useless Idiots or Useful Collaborators?
Clark T. Scott
Parallel in Significance
Louis Proyect
Hitler and the Lone Wolf Assassin
Julian Vigo
Theresa May Can’t Win for Losing
Richard Klin
Prog Rock: Pomp and Circumstance
Charles R. Larson
Review: Malin Persson Giolito’s “Quicksand”
David Yearsley
RIP: Pomp and Circumstance
FacebookTwitterGoogle+RedditEmail