[Marxism] U.S. to Posada: You are a "danger to the national security of the United States."

Walter Lippmann walterlx at earthlink.net
Sun Apr 2 23:15:43 MDT 2006


(This is one of the most remarkable political documents ever isssued by
the United States government. In essence, it tells an individual who has
collaborated with Washington for close to half a century, that they now 
see him as a terrorist who is a danger to the national security of the 
United States! One can only wonder: what will they say to this in Miami?
Many thanks, also, to Richard Fidler for scanning and OCR assistance.)
=========================================================================

Via NY Transfer News Collective  *  All the News that Doesn't Fit
 
[Here is the full text of the 7-page memo sent by the US Government to 
Luis Posada Carilles, a convicted terrorist now in US custody. This is
a revealing look at the US Government's struggle to deal with a very
difficult hot potato -- a former employee of the CIA, who knows where
a lot of bodies are buried and who has shown no reluctance to shoot his
mouth off in the past.  In the final analysis, this "interim" solution
allows the Bush regime to continue to pay lip service to "fighting
terrorism" and at the same time avoid fulfilling their obligation to
extradite Posada to Venezuela. -NY Transfer]

For background news items on this memo, see April 1, 2006:
"Putting Posada on ICE - US Memo Calls Him Security Risk"
http://olm.blythe-systems.com/pipermail/nytr/Week-of-Mon-20060327/034676.htm
l


sent by Walter Lippmann (cubanews) - Apr 2, 2006

See the document in .html format with illustrations here:
http://www.walterlippmann.com/posada-03-22-2006.html

The original memo may be viewed in .pdf format at
http://www.walterlippmann.com/posada-03-2006.pdf

[Reformatted for legibility. "Proof of service" replaced to bottom of 
page. This is a copy, not the original.]


Mar-22-06  04:09pm  From-    T-041 P 01/07 F831
Office of Detention and Removal Operations
U.S. Department of Homeland Security
1545 Hawkins Blvd.
El Paso, Texas 79925
U. S. Immigration and Customs Enforcement

                     70/45
                  A12419708

Luis Clemente POSADA-Carriles
C/O El Paso Processing Center
8915 Montana
El Paso, Texas 79925
Dear Mr. Posada-Carriles:
                                        

Interim Decision to Continue Detention

This letter is to inform you that your custody status has been
reviewed and it has been determined that you will not be released from
the custody of U.S. Immigration and Customs Enforcement (ICE) at this
time, because, as described below, you continue to present a danger to
the community and a flight risk. This interim decision is based on a
review of your case and consideration of the information you and your
attorney submitted to ICE's reviewing officials.

You are a native and citizen of Cuba and a citizen of Venezuela. On
May 17, 2005, you were apprehended by ICE agents. On July 25th, 2005,
the Immigration Judge (II) denied you bond, holding that you were
subject to mandatory detention for having committed a crime involving
moral turpitude and finding that you were a flight risk. During your
removal proceedings, the I1 found you removable on both charges
presented in the Notice to Appear, pursuant to INA §
212(a)(6)(A)(i)(present without inspection) and NA §
212(a)(7)(A)(i)(l) (immigrant not in possession of a valid immigrant
visa). Additionally, you conceded you were ineligible for withholding
of removal for having committed a serious nonpolitical crime outside
the United States. You were ordered removed by the IJ on September 26,
2005, but granted deferral of removal to both Cuba and Venezuela.

You have a history of engaging in criminal activity, associating with
individuals involved in criminal activity, and participating in
violent acts that indicate a disregard for the safety of the general
public and a propensity for engaging in activities proscribed within
the provisions of INA § 212(a), that pose a risk to the national
security of the United States. Further, you have shown a cavalier
attitude towards the impact your actions have had on the safety and
well being of persons and properly. Open source information and your
own statements link you to the planning and coordination of a series
of hotel and restaurant bombings that occurred in Cuba over a several
month period in 1997.

Moreover, on April 20, 2004, you were convicted in Panama for Crimes
Against National Security and Counterfeiting Public Records, for which
you were sentenced to 7 years and 1 year imprisonment respectively.
Although you were later pardoned for those crimes by the President of
Panama, a foreign pardon, in itself, does not have any effect in
relation to U.S. immigration laws. Additionally, a review of your
arrest and criminal history shows that following a trial and acquittal
on criminal charges in Venezuela, your acquittal was overturned on
appeal, and, while pending a retrial on the charges, you made several
escape attempts and eventually succeeded in escaping from prison. Due
to your long history of criminal activity and violence in which
innocent civilians were killed, your release from detention would pose
a danger to both the community and the national security of the United
States.

You claim to have last entered the U.S. without inspection by
illegally crossing the Mexican border on March 26, 2005. You later
admitted that shortly after your entry you lied to a United States
Border Patrol Agent, saying that you were old and forgetful and had
left your immigration documents at home. From the time you illegally
entered the United States until your apprehension, you were illegally
harbored by your associates in Miami. At least two of these
associates, Santiago Alvarez and Ruben Dario Lopez-Hernandez, aka
Ruben Dario Lopez-Castro, have criminal records.

While you were in hiding within the United States, you filed an
application for asylum with U.S. Citizenship and Immigration Services,
but you failed to appear for your scheduled interview claiming you
were ill. However, later that same day you appeared at an undisclosed
location for a press conference, accompanied by several of your
Miami-based associates, including Santiago Alvarez, who moderated the
press conference and served as your interpreter. At your press
conference, you publicly stared that you have lived for more than
thirty years clandestinely. You further acknowledge that you have
assumed several different identities throughout your life and utilized
passports and other identity documents from several different
countries in order to move freely throughout Central America. As noted
earlier, your past also includes your escape from a Venezuelan prison,
which was accomplished after several attempts utilizing threats of
force, explosives, and subterfuge. When you were apprehended by ICE
you were in possession of a duffle bag containing your medication and
clothing. In an article published in the Miami Herald on June 4,2005,
Santiago Alvarez, who is referred to as your "chief benefactor," is
quoted as stating that you were "making a last stop to pickup personal
belongings at a friend's house and [were] on [your] way out of the
country when agents picked [you] up." U.S. authorities recently
arrested and charged Santiago Alvarez with possession of automatic
weapons, including some with the serial numbers erased, and possession
of a false passport.

Although you became a lawful permanent resident of the United States
in 1962, you subsequently abandoned that status. Since 1965, you have
not lived for any extended periods in the United States and, in fact,
became a citizen of Venezuela and worked for the Venezuelan government
in an official capacity. Prior to your most recent, illegal entry into
the United States in 2005, you last entered the United States in 1974.
You indicated that from 1985 to 2005 you lived in Central America,
primarily in El Salvador. You remain the subject of an extradition
request from the Government of Venezuela based on youralleged
involvement in the 1976 bombing of the Cubana Airlines passenger jet.
This matter remains under consideration by the United States
Department of State and the United States Department of Justice.

You have been known by the following aliases- Bambi or Bamby, Juan
Jose Rivas, Ramon Medina, Jose Ramon Medina, Basilio, Bebe, Franco
Rodriguez Mena, Juan R. Medina, Ramon Rodriguez (Medina), Ramon Medina
(Rodriguez), and Franco Rodriguez (Mena), Solo, Lupo, Louis McClaud
and Juan Jose Rivas Lopez.

Your expertise in assuming false identities, your disregard of the
immigration laws of the United States, your history of escape and the
presence of your pending international extradition request demonstrate
that you pose a significant risk of fleeing, if released from custody.
In making its decision, ICE has considered the letter and supporting
documentation submitted by your attorney. Consideration was given to
the information submitted, including your family ties in the United
States, your age and medical condition, your U.S. military and
government service, your explanation of your involvement in your past
activities, and your willingness to follow any proposed conditions of
release, such as electronic monitoring. While you assert that you are
not a danger to the community or a flight risk, and that your age and
health may attenuate those risks, we are unable at this time to credit
your assertions after weighing the totality of the record.

As appropriate, ICE will continue to review your custody in light of
any additional information that you submit, collateral developments,
and efforts to remove you to other countries. In the interim, as
previously noted in the Notice of Custody Review provided to you, the
immigration laws require you to facilitate your own removal from the
United States, as well as comply with any efforts of the United States
Government to remove you. You indicated in your submission that you
lived in Central America over a period of fifteen years (from 1985 to
2000), including such countries as Panama, El Salvador, Honduras, and
Guatemala, listing various associates, friends, and other potential
contacts in those countries, and noting that during your employment as
an advisor to the police in El Salvador you developed numerous
contacts and "fraternized with high rank government functionaries, at
luncheons, hunting, etc."    You have also indicated that you
requested one of your contacts in Honduras to obtain a travel document
to that country in your name and that he responded that the foreign
minister was unwilling to address the issue because "the government
was changing, "and that "maybe this could be resolved with the new
government."

The foregoing information, as well as the information set forth in
more detail in your submission, and U.S. diplomatic initiatives, have
provided multiple prospects for effecting your removal from the United
States, such that ICE regards your removal from the United States
reasonably foreseeable. Attached to this decision are supplemental
questions arising from the information you have provided and which
pertain to additional strategies and avenues of communication toward
facilitating your removal from the United States.

As explained above, you are to remain in ICE custody pending your
removal from the United States. You are advised that you must
demonstrate that you are making reasonable efforts to comply with the
order of removal and that you are cooperating with ICE'S efforts to
remove you by taking whatever actions ICE requests to effect your
removal. You are also advised that any willful failure or refusal on
your part to wake timely application in good faith for travel or other
documents necessary for your departure, or any conspiracy or actions
to prevent your removal or obstruct the issuance of a travel document,
may subject you to criminal prosecution under 8 USC Section1253(a).


Attachment No. 1 to Interim Decision To Continue Custody

Supplemental Requirements To Assist In Removal
of Luis Clemente Posada-Carriles (A12 419 708)

The following additional requests arise from your response to the
initial document and information requests made on December 23, 2005,
Each such original request appears in italics, followed by the
supplemental information required:

    (1) the name of any country in which, for any length of time, you
have resided, trained. traveled, been employed, or possessed or
presently possess family, friends, business, military. government or
other associates;

    Regarding the fifteen year period (1985-2000) you indicated you
resided in Central America (including but not limited to Panama,
Honduras, Guatemala, and El Salvador), provide each location (country,
city, address) in which you resided for any length of time, the dates
of your residence there, the circumstances surrounding the relocation,
including professional and or personal reasons, and any individuals
with whom you may have had contacts with regarding such relocation.

    Include with your response a description of your arrest and
criminal proceedings in Panama, including a list of each individual
charged, convicted, acquitted, or pardoned in those proceedings, and
detailed information to the best of your ability, on where they have
resided following their release from custody in Panama to the present.
Regarding your response pertaining to El Salvador, include
supplemental identifying information about the "high rank government
functionaries" with whom you said you have "fraternized," socialized,
and otherwise conducted any kind of transaction or communication. You
indicated receiving temporary asylum in the Chilean embassy in
Venezuela following your first escape from Venezuelan custody. Please
indicate the individuals involved in arranging and providing such
temporary asylum, including any such individual from Chile.

    You have indicated the members of your family who reside in
Florida and California. Please list any family members (including
relatives of your wife, or by any other marriage, if previously
married) that you have outside the United States, including children,
brothers, sisters, uncles, aunts, and in-laws. List any property or
real estate (other than the plot at "Poinciana Gardens") inside or
outside the U.S. which you own, or in which you have a direct,
partial, or beneficial interest, or which you have transferred to
other individuals and is being held by your wife, any family member,
or other individual on your behalf or at your request.

    (2) the names and contact information pertaining to any
individuals contemplated in the previous question, including dates of
birth, nationalities, addresses, and phone numbers, and in particular,
any such individuals residing in Mexico, Costa Rica, Guatemala, El
Salvador, Panama, Canada, Honduras, any other country in Latin
America, or any other country;

    Regarding the names and contact information provided in response
to this request, in connection with the foreign country in which such
individual either resides, or was formerly a resident or national,
please provide a detailed explanation and copies of any
correspondences which reflect what if any requests you have made to
these individuals to assist you with gaining permission to enter such
foreign country.

    Provide names and contact information pertaining to any
individuals contemplated in the previous supplemental request (#1),
including dates of birth, nationalities, addresses, and telephone
numbers.

    (3) given your prior experience, employment, or service within or
on behalf of the governments of Guatemala and Venezuela, provide the
names and contact information for any individual currently or formerly
in those government institutions; 

    You lived in Venezuela for eighteen years (1967-]985), attaining a
high-ranking position with the government security services, but claim
to know only three individuals currently or formerly within the
government. Provide additional information responsive to the request,
or explain why you cannot do so.

    (4) the name and contact information for any individual in the
United States with whom you have had contact and who has assisted you
directly or indirectly in communicating with anyone in any country, or
assisting you at any time in gaining entry or permission to enter any
country;

    Provide the names and addresses and telephone numbers of the
individuals assisting you in complying with the original and
supplemental requests reflected herein.

    (5) Any and all documents or other material constituting or
reflecting the existence of a communication of any kind (or a detailed
description of any such communication) to and from any government
official in El Salvador, ,Panama, Guatemala, Costa Rica, Mexico or
elsewhere, or to and from any individual working with, representing,
or acting as a conduit of information to and from any such government
official;

    Please list the communications, letters, and countries
contemplated in your response to this request, where you indicated: "1
can obtain personal letters from various countries, if necessary."
Please obtain any such letters and provide them to ICE, as you have
indicated, including any evidence or explanation of such efforts..

    (6) You have previously indicated possession of multiple passports
or other travel documents with which you have gained admission to
multiple countries. Submit any and all such passports or travel
documents (of any type, whether current or expired, and whether in
your name or any other name or identity) to DHS If you do not
currently possess any of the foregoing documents, describe in detail
the nature of every .such document, including the country and bearer
idemity with which it is associated, as well as any travel-related
permits, visas or other governmental notations (whether or not you
deem it currently valid) entered in such document.

    You have indicated that the documents responsive to this request
were destroyed upon expiration. Please confirm whether you have
retained the original or copies of any such documents, or whether
copies of such documents can be obtained.

    You have obtained false passports and other travel documents in
Guatemala,

    Costa Rica, El Salvador, and Dominican Republic, explaining the
circumstances under which you obtained such documentation only with
respect to El Salvador. Provide the information on how you obtained
travel documents in the other countries and the individuals who
assisted you in doing so.

       
                                *
================================================================
.NY Transfer News Collective    *    A Service of Blythe Systems
.          Since 1985 - Information for the Rest of Us         .
.339 Lafayette St., New York, NY 10012     http://www.blythe.org
.List Archives:   https://olm.blythe-systems.com/pipermail/nytr/
.Subscribe: https://olm.blythe-systems.com/mailman/listinfo/nytr
================================================================





More information about the Marxism mailing list