The order to grant bail to terrorist Luis Posada Carriles was the responsibility of the White House alone, whose negligent actions in this case brought about the court verdict, said lawyer Jose Pertierra, representative of the Venezuelan government in this case CUBA, April 10, 2007.- After making public the news that terrorist Posada Carriles would not be granted bail, in a surprise move, the Federal Court at El Paso (Texas) issued a totally different piece of information. Judge Kathleen Cardone, from the federal court in El Paso (Texas) issued a nine-page order allowing the release of Posada from jail, upon his payment of $250,000 in bail. Lawyer Jose Pertierra, representative of the Venezuelan government, confirmed that the order of the judge does not imply the immediate release of Posada, the mastermind behind the bombing of a Cuban airplane in 1973 that caused the deaths of all 73 people aboard. Reporters from the website Cubadebate raised the following question with Pertierra. —The court in El Paso issued an order of parole for the terrorist. Who is to blame for this decision? —The United States has declined to recognize Posada as a terrorist. Judge Cardone has taken the foreseeable decision of grant him parole because she stuck to the argument of the case that does not get even touch upon Posada Carriles’ criminal record within or outside the US. The order to grant bail to terrorist Luis Posada Carriles was the responsibility of the White House alone, whose negligent actions in this case brought about the court verdict. —So the lawsuit for the bail could have been avoided? —Yes. The prosecutor could have prevented Judge Cardone from issuing that order if they had maintained the order of migratory detention against Posada. «To this effect, prior to February 1, 2007, the US government should have deemed Posada as a terrorist or as a person whose release from prison could pose a harm to the country’s foreign relations. «Nonetheless, instead of doing this, the government opted, on January 11, 2007, to move him from the custody of the Homeland Security Department to the custody of federal marshals, and to try him for committing migratory fraud. This is a minor charge and Judge Cardone herself has admitted it would imply a short period of incarceration. » —But it has been said that the sentences could be up to 40 years of incarceration... —Actually, the charges are for lying, and that wouldn’t mean a long sentence. Therefore, the judge gave her verdict based on the lightness of the charges, the old age of Posada and his delicate health. She said that these reasons alone justified Posada’s parole. —Under what conditions was Posada’s bail issued? —There are eight restrictions. These are: 1. That Posada pays a bail of $250,000. 2. That Posada provides a guarantee of $ 100,000, signed by his wife, his son and his daughter. 3. That Posada’s wife and kids should be his custodial guardians. 4. That Posada remains under house arrest in his home in Miami. He could leave his house only to go to the meetings with his lawyer or his doctor, always with permission previously granted by his bail officer. 5. That Posada wear an electronic bracelet to control his movements. 6. That Posada remains in his county of residence. He is only allowed to go out of the county to go to court, and only with the court’s permission. 7. That Posada should not have contact with any witness involved in the case. 8. That Posada reports to the officer in charge of his case, according to the officer’s instructions. —What was the government’s reaction to the decision of the Federal Court? —The district attorney office has answered by requesting a seven-day extension before the implementation of this decision. In their petition to the court, they say that they need until April 13 to determine if they will appeal the decision. However, the judge can reject this request and set him free immediately. —Does the United States have other options to prevent Posada from getting back on the street? —Yes. The government could still prevent Posada from being released if they issued a migratory detention order against him. But they would have to certify him as terrorist or as a person whose release would be harmful to US foreign relations. «The Government could also issue a detention order to extradite him in accordance with the Venezuelan petition dated May 10, 2005. If they present him a detention order for immigration infractions or for his extradition, Posada cannot be freed. But this will start a legal clock for the government to proceed in court with an extradition case within a time period of 60 days. «Up to this moment, the government has not wanted to extradite him, prosecute him or certify him as terrorist. » —Is it common in the United States for a court to issue a verdict in favor of bail and 24 hour later say that it was a mistake? —No, absolutely not. I’ve been working for many years as a lawyer in the United States and I don’t remember a similar case. Look at the facts and judge. On Wednesday, April 4, the court issued an order announcing that the request for conditional release had been denied, using its own digital information system (PACER). However, judge Cardone’s office told the El Nuevo Herald Thursday night that «the decision had been a mistake. » «Posada’s own lawyer told the El Nuevo Herald “This morning [Thursday] I received a telephone call from judge Cardone’s assistant to inform me that the information on the digital record of the federal court system (PACER) was incorrect and that the judge continued working actively to make a decision.” «Now the court is pursuing a completely different direction and is giving Posada conditional release. This is an extremely suspicious turn. » —Will this terrorist be back on the street in the next few days or not? —There is a danger that he will be released, due to White House’s manoeuvring. But, I repeat, they can still prevent it if they again present a migratory detention order against him. «If he is transferred into immigration custody, whatever the judge Cardone does, Posada would not be released without facing a new habeas corpus petition, and the government would have to certify him as terrorist or as a person whose liberation is harmful to US foreign relations. «Venezuela insists that the United States should also implement a detention order to extradite him, as was requested in May 2005, a petition that has been ratified many times in diplomatic notes. «We should not deceive ourselves with this new legal circus. Posada’s release is not in the hands of judge Cardone, but in the White House’s. » (By: Dario Benitez) (Cubaminrex-Juventud Rebelde)
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