By Arthur Shaw February 1, 2006
The celebrated court case of US-trained terrorist Luis Posada Carriles vividly and incontestably illustrates that the rule of law in the United States … a fundamental and inescapable principle on which democracy depends … is a fraud or, more correctly, an absolute imperialist lie. Hence, US democracy is a fraud or an absolute imperialist lie.

Here are five of the selected highlights of Posada’s long criminal record as a terrorist. There are many other crimes against humanity committed by Posada, but the five, listed here, can be viewed as the highlights of his career as a terrorist. First, in the early 1960s at Ft. Benning, Ga., the US government trained terrorist Posada in the techniques of torture and mass murder and set him loose.
Second, in the late 1960s, the US government arranged for Posada to head the Venezuelan political police, the Directorate of Intelligence and Prevention Services (DISIP) and also to head the special CIA teams in Venezuela for the torture and extermination of leftists. Posada’s cruelty caused the deaths of hundreds of people. Third, in the early 1970s, Posada left his employment with Venezuelan intelligence to start a private detective business in Caracas where he engineered or masterminded the midair bombing of Cuban passenger airline that resulted in the deaths in 1976 of 73 passengers and crew. Posada served nine years in a Venezuelan jail for the airline massacre before he escaped. Fourth, in 1997-98, Posada engineered or masterminded a series of hotel bombings at various tourist locations in Cuba that resulted in the death of one tourist and the injury of dozens of individuals. Fifth, in 2000, Posada plotted with, at least, four co-conspirators to blow up an auditorium on the campus of the University of Panama, using 33 pounds of C-4 plastic explosives, where visiting Cuban President Fidel Castro was due to address 3000 students, professors, and media representatives. The 33 pounds of C-4 would have murdered everyone in the auditorium, plus additional individuals close by outside of the auditorium. Posada was apprehended 20 hours before the planned slaughter and served three and half years in a Panamanian jail before he was pardoned by a corrupt and neo-liberal Panamanian president, bowing to demands of the Bush regime to let Posada and his accomplices go. So much for Posada’s major accomplishments as a terrorist.

In the spring of 2005, Posada slipped into the United States and surfaced in Miami where he filed, on April 13, 2005, for political asylum. US immigration authorities arrested Posada, on May 17, 2005, in Miami for illegal entry into the United States and shipped him to an immigration jail in El Paso, Texas to await “trial,” a judicial show is a better term than trial. Charging Posada, a Venezuelan national of Cuban descent, with complicity in the 1976 Cuban airliner bombing, the Venezuelan government petitioned the US government for the extradition of Posada under a 1922 treaty between the USA and Venezuela. At a show trial in El Paso in the late summer and early fall of 2005, Posada was represented by two private US attorneys. Posada was also represented in the proceeding by a team of government attorneys who were supposed to be prosecutors for the offense of illegal entry. Posada was even represented by the only witness who testified in the El Paso proceeding … the Venezuelan attorney who years earlier defended Posada in Caracas on the airline bombing charge. And finally Posada was represented by US Immigration Judge William Abbott who presided over this USA pigsty of judicial deceit that expresses the public contempt of the Bush regime for the rule of law that is transparent everywhere.

When US courts rig a case, they leave nothing to chance. Everybody in the courtroom is in on it. This bunch of collusive US degenerates who participated in the pigsty immigration proceeding in El Paso officially ruled on September 26, 2005, that Posada must not be extradited to Venezuela because there was a possibility, according to the unchallenged testimony of Posada’s … very own … Venezuelan attorney, that the Venezuelans may torture Posada, like he, under US auspices, once tortured the Venezuelans. The judge in El Paso tried to degrade Venezuelans to Posada’s status. The Venezuelan government was not allowed to be represented or to stand … singularly … for the principle of justice in the pigsty in El Paso where Posada’s US pettifoggers, the homeland security government attorneys, Posada’s Venezuelan attorney, and the US immigration judge wallowed … over and over … in filth and scum of the pigsty beside Posada. The dictatorial Bush regime or, in other words, the obscene dictatorship of the GOPs over the United States see absolutely no reason why Posada should be either deported or extradited from the United States on the “frivolous” ground that this loyal US-trained terrorist has tortured and murdered a large number of people. The Bush regime insists after all that torture as well as murder are legal if performed by its agents on behalf of the USA. The Bush regime even has, in hand, a 50-page legal memorandum prepared by the US Justice Department that extols the legality of torture and murder performed at the caprice and behest of US officials. Torture and mass murder are only crimes against humanity if others perform such acts, high US officials believe. When the “magnificent” and “glorious” USA tortures and murders people, such acts are moral and pious because the USA stands above the law of other countries often by immunity agreements that bar forever the prosecution of US citizens, mercenaries, and others working on behalf of the USA for all crimes committed abroad and because the president and his friends in the executive branch are not subject to US law under the doctrine and inherent powers of the commander-in-chief.

Luis Posada, this savage and insane Bush regime believes, only did what the USA told him or if he showed welcomed initiative from time to time, he usually informed the USA of his plans to massacre before he acted. Lyndon Johnson and Richard Nixon installed Posada in Venezuela in the late 1960s expressly to torture and murder Venezuelans. It’s unlikely however that Gerald Ford ordered the Cuba airliner massacre, but there can be no doubt that US government under Ford knew about Posada’s plans to destroy the plane. Similarly, Bill Clinton knew that the money for Posada’s hotel bombings in Cuba in 1997-98 came mainly from Miami before Posada proclaimed this fact in his famous 1998 interview with the New York Times. Similarly, the Bill Clinton in 2000 knew (just like Fidel Castro knew) that the concurrence in 2000 of Fidel Castro’s and Posada in Panama meant an assassination attempt against Fidel and those around him was underway.

The decadent Bush government in Washington believes that since Posada’s tortures, murders, and attempted murders were performed by a US agent objectively at least … if not subjectively too … on behalf of the United States, these acts of terrorism are not crimes, rather they are absolutely moral and even pious endeavors. Thus, Posada should not be punished, deported, extradited or inconvenienced in any manner for his performances. The problem however is entirely PR or bad propaganda. Clearly, there is another reason why the GOP tyranny under G. W. Bush believes that the terrorist Posada, a life-long friend of US imperialists, should be excused for his tortures and murders — Posada’s victims (or intended victims), in the main, are only Cubans, Venezuelans, and Panamanians and these nationalities are like the insignificant Hurricane Katrina victims, especially the Panamanians. “Who cares about them?” the US imperialists ask.

The US imperialists and their supporting GOPs would likely have been amused if Posada had blown up the 3,000 Panamanian students in 2000 even if Fidel Castro wasn’t in the school auditorium. This seems to be the view also of the former Panamanian President Mireya Moscoso who shamefully pardoned Posada for the attempted murder of thousands of young Panamanians. Similarly, the imperialists and GOPs probably would not extradite Posada to Venezuela even if they knew to a certainty that he wouldn’t be tortured. And the imperialists probably do know that. Frankly, the US imperialists and the GOPs show contempt, not compassion, for Posada’s victims. Except for the Irish people, the mass of the white US imperialists and the mass of the white GOPs hold in high esteem only other English-speaking whites — the British, Canadians, Australians, and New Zealanders. These English-speaking whites run and fight in packs. In any case, the Panamanians really find themselves constrained to the lowest regions of the esteem of US imperialists and the GOPs. For several years, the US capitalist media did not even deign to mention that Posada’s bomb, the 33 pounds of C-4, at the University of Panama would have killed all of the 3000 students and others assembled to hear Fidel Castro speak. The US capitalist media only pointed out that Posada was trying to knock off Fidel Castro, viewing the deaths of thousands of Panamanians as collateral or incidental damage. As a matter of fact, the US capitalist media still covers the Posada’s Panamanian plot in this manner. Since all democracies must exercise power in accordance with the rule of law, it may be a good thing if we look at how the Posada case impugns the rule of law and therefore US democracy.

First, the “trial” was a farce because Posada was absolutely unopposed in the proceeding. Not even Fortuna, the goddess of chance, could have arranged for him to lose.

Second, the US government shows total contempt for the 1922 extradition treaty between the United States
and Venezuela which under the US Constitution constitutes a part of the “supreme law of the law.”

Third, and most importantly, the Posada case shows an intense and extreme repugnance for the rule of law by the US government because the Bush regime strives to waive the usual prohibitions against torture and murder, protections that are absolutely fundamental to a regime of law. Under the GOP dictatorship in Washington, power is not exercised in accordance with the rule of law, rather law is administered in accordance with power. If the law permits what the Bush regime wants to do, then the law is followed. If, on the other hand, law forbids what the GOP dictatorship wants to do, then law is disregarded or dismissed as subordinate to executive power. In Posada’s case, the law forbids what the imperialists want to do, that is, to protect their faithful terrorist. So, the GOPs casually ignore the law.

During the summer of 2005, the venerable US Senator Robert C. Byrd of West Virginia, an expert on and defender of the US Constitution, pointed out that waiving bans on torture and murder was the point of departure for German dictator A. Hitler. Byrd said Bush and his GOPs are following in Hitler’s footsteps, although both Bush and Hitler … for PR purposes … try to maintain a “cloak of legality.” Former US Vice President Al Gore Jr. in a speech on Jan 16, 2006 titled “US Democracy in Grave Danger” (and indeed it is) comprehensively described the undemocratic course of the current US government under the dictator George W. Bush and this undemocratic course extends far beyond the Posada case. Returning to the stated ground — that is, torture — for the US refusal to extradite the terrorist Posada to Venezuela … well, since the US government wants to legalize torture, Posada should be deported or extradited to Venezuela or to Cuba for his own safety. Since the increasingly privatized US prisons and jails … teeming with 2,000,000 inmates … are one of the most murderous, brutal, infected, degrading, and perverted penal systems on earth … and rapidly getting worse, Posada should be deported or extradited to Venezuela or Cuba … as soon as possible … for his own safety … to spare him the probability of being tortured if he remains in US custody. The whole torture rap or the entire torture thing against the Venezuelans and the Cubans is a phony issue. The US government almost everyday tries to deport Venezuelans who illegally entered the United States back to Venezuela, torture has never been an issue. Even more surprisingly, the US government considers Cubans who come to the United States with “wet feet” to be illegal entrants and routinely deports the “wet feet” back to Cuba.

Torture has never been an issue. Indeed, the US government periodically checks on the circumstances of post-repatriated “wet feet” in Cuba and has never found any evidence from the “wet feet” themselves or from others of torture. If Posada were returned to Venezuela, he would be treated with due respect that civility and the law require, like repatriated Venezuelans from the United States are commonly treated. If Posada were returned to Cuba, he would be treated like a “wet foot.” More importantly, the US imperialists and the GOPs have never shown the slightest twinge of guilt or hesitancy about returning people who illegally enter the United States to places where they are sure to be tortured or even murdered. An ongoing example is Haiti where the Bush regime and its Latin American puppets in February 2004 overthrew a democracy under elected President Jean-Bertrand Aristide and installed a savage Pol Pot type of dictatorship. The Bush regime has returned Haitians by the thousands to this land of oppression and cruelty. Now, suddenly, the ruling GOPs in the USA claim they respect something called the “Convention Against Torture” that blocks, they say, the extradition of Posada to Venezuela. After the show trial in El Paso, the Bush regime seems ill-dispose to institute and to adjudicate seriously Venezuelan’s extradition claim under the 1922 treaty for Posada in a US district court . Clearly, the Bush regime tried to sneak in and air underhandedly the extradition claim in El Paso before a puny and incompetent immigration court to set up some kind of absurd basis for a spurious former jeopardy or res judicata or law of the case contention that precludes subsequent reconsideration of the Venezuelan extradition claim. The corrupt and crooked judge in El Paso played along with the game or with this nonsense. Perhaps, the reason why the US imperialists and the GOPs are disinclined to hear the Venezuela’s extradition case against Posada is that the

Venezuelan government has retained the services of top-notch US attorney Jose Pertierra, a Cuban-American whose practice is centered in Washington, DC. If the Bush regimes openly renounces the extradition treaty between the US and Venezuela by its crooked handling of the Posada case, Caracas may down the road get custody of someone the USA wants. It would be very nice if the Posada case were a trivial little immigration case to be resolved in typical fashion by a neat presentation of the immigration facts and by a solemn and dignified application of immigration rules, and then everybody could go home, switch on the TV, and live happy ever after. Lamentably, that’s not the case.

The Posada case is also political. When the Miami Mafia arranged for Posada to file for US political asylum, the mafia effectively invited George W. Bush to kiss … publicly … the behind of Posada by giving Posada political asylum in blatant disregard for the rule of law and for the US terror war. The mafia could have slipped Posada into the United States and let him do what he wanted to do until he was ready to leave as the mafia had done countless times over the last 30 years with the full support of the USA. As long as Posada, under the auspices of the Miami Mafia, refrained from killing anybody and kept his dead down and out of public view while in the USA, everything was fine. (YES … I know … Posada was a foreign-based accomplice of the 1976 US-based conspiracy that hit, in Washington, DC, the former Chilean diplomat Orlando Letelier and US citizen Ronni Moffitt … BUT … these killings … I regret to say … are not highlights in Posada’s career as a terrorist.). The request for political asylum was a PR disaster for the Bush regime. Bush surprisingly refused to kiss Posada’s behind in public. During the proceedings in El Paso, Posada withdrew his request for political asylum and USA didn’t deport or extradite Posada. That was the gist of the interim fix in the case. Less than two months after the El Paso proceeding, the US authorities, on Nov. 18, 2005, arrested millionaire Santiago Alvarez, the undisputed boss of the Miami Mafia, and one of his top Mafia associates on weapons chages — a stash of machine guns, rifles, a silencer and a grenade launcher — to signal G.W. Bush’s displeasure over the embarrassment and the lost of prestige the mafia-instigated Posada case occasioned for the White House. In 2005, Santiago Alvarez smuggled Posada into the United States. Bush thereby sent the Miami Mafia a clear message — Bush wants the mafia to pick a new boss because Santiago Alvarez … after Posada’s stunt with political asylum … is now persona non grata with the so-called “president” of the United States. What is at stake here is the continuation of the GOP dictatorship over the USA after George W. Bush returns permanently to Texas. To rig a US presidential election, all that has to be done is to steal less than a handful of states — mainly, Florida, Ohio, Illinois, New Jersey, Michigan, depending on the closeness of the presidential race.

The Miami Mafia under boss Santiago Alvarez chiefly bears the electoral responsibility for the GOPs of rigging the vote in Florida by inflating fraudulently the GOP turnout and criminally suppressing the liberal turnout. This is about a 2,000,000 vote-swindling operation that in 2000 mostly targeted African-Americans for voter suppression. And, in 2004, elderly and retired snow-bird voters from the Northeast were added as targets of the illegal vote suppression operation. The Miami Mafia also plays a major role in similar electoral operations in New Jersey. In the other states stolen electorally by the GOPs, the standard scum of the GOP party perform these undemocratic and dictatorial tasks. It’s too early to say whether Bush or Alvarez win in the struggle for control of the Miami Mafia. But one thing is for sure … Orlando Bosch, the other leading terrorist in Miami, is a key player in the politics of the Miami Mafia. And Bosch wants Posada in Miami. You see, in 1975, Bosch and Posada shared an apartment in Caracas. Then after the 1976 bombing of Cuban airliner, Bosch and Posada shared a room or, more correctly, a prison cell … for nine years. So, understandably, both men feel that distance between them is stressful. Perhaps we should deal with one other thing and then call it quits for a while. Disrespect for the rule of law takes two principal forms — crime (or “wrongs” in civil matters) and the overthrow of the rule of law. When George W. Bush tells his aides that the “US Constitution is just a ______ piece of paper,” Mr. Bush seeks not just to violate the law … as the timid and pusillanimous US liberals contend, rather he seeks to overthrow it. And that is exactly what he has done.