Rubio’s Secret: His China Policy Would Work Great in Cuba

September 5, 2014

Senator Marco Rubio is on to something. He’s already put together a smart replacement for his ineffective Cuba policy. He just doesn’t know it yet. It’s his China policy.

Late last week, we circulated the stunning news unearthed by the Tampa Bay Times captured by this appropriately stunning headline: “Chinese government pays for trip by aides to Rubio, Ros-Lehtinen”.

This was a story with a “why don’t I rub my eyes, am I dreaming?” quality to it. Yet, the Florida legislators, two fierce opponents of travel by Americans to Cuba, confirmed it was true. Sally Canfield, Deputy Chief of Staff to Rubio, and Arthur Estopinan, Chief of Staff to Rep. Ileana Ros-Lehtinen (FL-27), had both accepted free travel junkets to China with costs picked up by the Communist Chinese state.

But, they reacted to the story very differently.

Rep. Ileana Ros-Lehtinen pled ignorance of what she called “China’s involvement” in paying the costs for Mr. Estopinan’s trip, estimated at $10,000; this to a country she has accused of abusing human rights by harvesting human organs from prisoners.

Known for straightforward, even strident language, she issued a classic non-denial-denial: “As my legislative record shows, I disagree with the decision by my Chief of Staff to visit China and will take internal steps to ensure no trips like this happen again.”

Are we clear?

Rubio’s tack was entirely different.

In written comments, a spokesman for the statesman made a logical, three-point case for engaging with China, saying, in essence, ‘They’re bad, they’re big, so we have to talk.’

Point 1: “Senator Rubio has consistently condemned the totalitarian nature of the Chinese government, its record of systematic human rights violations and its illegitimate territorial claims.”

Point 2: “While he abhors many of the Chinese government’s actions, as a member of the Senate’s foreign relations and intelligence committees, he cannot ignore their growing geopolitical importance.”

Point 3: So, he “recognizes that staff travel approved by the U.S. government and Senate ethics is sometimes necessary in helping advance our advocacy on a host of foreign policy issues.”

This took guts. Yes, it was hypocritical for someone who had said that Americans who visit Cuba behaved as if they were visiting a zoo, getting “to watch people living in cages to see how they are suffering.”

Yes, the timing was awkward. As the trip scandal made news, China was embroiled in controversies over rigging an election framework in Hong Kong, interfering with a U.K. inquiry into its relations with Hong Kong, ending a newspaper column by a Chinese hedge fund manager in the Hong Kong Economic Journal, and using its anti-trust laws to curtail competition posed by U.S. businesses.

But, Rubio was being consistent. In the heat of the 2012 election, he broke with Mitt Romney, saying Romney’s plan to label China a currency manipulator was the equivalent of opening a trade war. In his recent comments about his staffer’s trip, he matches a plainspoken critique of China’s human rights practices and security threats with his practical and pragmatic support for dealing with China’s government.

Even after writing that in China, “Political persecution, including detention without trial and violations of fundamental human rights, are the norm,” Senator Rubio called upon “President Obama to speak frankly with President Xi about the areas where Washington and Beijing disagree.”

In other words, Senator Rubio does have a plan for dealing with China. It rejects sanctions, but supports travel, bilateral engagement, diplomacy, and straightforward talk.

Rubio’s approach on China would be an ideal replacement for his Cuba policy, if he had the guts to make the switch.

There is a lesson here for President Obama. On September 2nd, Jen Psaki, spokesperson for the U.S. Department of State, took a question at her news briefing about Panama’s intention to invite Cuba to next year’s meeting of the Summit of the Americas, a forum from which the U.S. has worked to exclude Cuba since it began meeting in 1994.

Rather than supporting an opportunity for engagement with Cuba focusing on areas, as Rubio might say, where Washington and Havana disagree, Psaki declared that Cuba’s presence at the forum would “undermine commitments previously made” including “strict respect for the democratic system.”

Two days later, her colleague, Marie Harf, called the building in which the State Department’s new “Diplomacy Center” will be housed, “a very cool thing indeed.”

Amidst peals of laughter among the assembled journalists, she explained, “Cool. It’s a technical term.”

Fact is that President Obama has a workable alternative to his Cuba policy. It’s called engagement. Engagement’s cool, too. But, using it, well, that would take guts.

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Labor Day Weekend “No Apologies” Edition

August 29, 2014

Dear Friends:

Thank you for welcoming us back.

While we were on holiday last week, the Associated Press reported, “The U.S. Treasury Department’s inspector general has determined Jay-Z and Beyonce’s fifth-anniversary trip to Cuba last year was legal under rules allowing educational travel to the island.”

Did the AP get this story wrong? After all, Rep. Mario Díaz-Balart reached his own conclusion more than one year ago without going through the “formality” of an investigation: “It has become obvious that, in this case, the line into tourism was crossed. The Beyoncé and Jay-Z trip is a high profile example of why the ‘people-to-people’ category of travel should be eliminated. It amounts to tourism.”

Yet, after the Inspector General issued a report saying,we believe OFAC’s determination that there was no apparent violation of U.S. sanctions with respect to Jay-Z and Beyoncé’s trip to Cuba was reasonable (emphasis added),” we visited the Congressman’s Media Center and found no evidence that he’d retracted his statement.

As Stephen Colbert is fond of saying, we accept your apology.

Time and again, we’ve seen this “never explain, never apologize, never retract” strategy used by hardline defenders of U.S. sanctions over the years.

Remember when Cuba’s government scrapped the exit visa requirement established five decades ago that made it impossible for nearly all of Cuba’s citizens to travel abroad? At that time, Rep. Ileana Ros-Lehtinen dismissed the reform as propaganda. She said, “These so-called reforms are nothing more than Raúl Castro’s desperate attempts to fool the world into thinking that Cuba is changing, but anyone who knows anything about the communist 53-year old Castro dictatorship knows that Cuba will only be free when the Castro family and its lackeys are no longer on the scene.”

On behalf of the 185,000 plus Cubans who traveled abroad last year, including 66,000 to the U.S., and on behalf of Cuban dissidents –Guillermo Fariñas who received his Sakharov Prize for Freedom of Thought after he traveled to Europe last year, and Yoani Sánchez, welcomed from Miami to the White House – we accept her apology, too.

Remember when it seemed like every poll conducted in Florida and nationally supported rolling back the embargo and normalizing relations with Cuba? When Florida International University’s 2014 survey showed that Cuban Americans now support three big changes in U.S. policy – ending the embargo, ending restrictions on travel, and recognizing Cuba diplomatically – by the widest majority the survey has ever recorded?

Mauricio Claver-Carone, who supports increasing sanctions on Cuba, told readers of his blog to dismiss the findings of this highly regarded poll, saying “FIU has gone from having its polls sponsored by ideological non-profit organizations to ideological, for-profit lobbyists.” As a lobbyist himself immersed in partisan and ideological causes, this was hardly a strong argument against FIU’s data, confirmed by so many others.

Not to be outdone, when a reporter with the New York Times said to Rep. Mario Díaz-Balart, “Regardless of just the Cuban-American community, the American public, clearly a majority supports a change in policy in Cuba,” he responded, “That is an absolute lie.”

Gentlemen, you may start your apologies.

We could talk about the deceptive defenses of USAID’s Cuba programs, when Rep. Albio Sires, Democrat from New Jersey, was fast to his fax machine to issue his statement,“There is nothing new here.” We could also talk about their attacks on Cuba’s economic reforms, which have already enabled about 500,000 Cubans to find meaningful work, better pay, and greater autonomy in the private sector, and much more.

But, we don’t expect to hear apologies or anybody saying “I am sorry,” during this Labor Day weekend. We expect, instead, they’re out traveling like everyone else.

But, after Senator Marco Rubio compared coming to Cuba to visiting a zoo; after he scolded Tom Donohue of the U.S. Chamber of Commerce for going to Cuba, because “the U.S. should not make it easier for the Castro regime to enrich itself and fund its repression with American dollars”; after Rep. Ileana Ros-Lehtinen cited the Smithsonian for engaging in legal travel to the island, saying “It is deeply disappointing that the Smithsonian [Institution], primarily funded by American taxpayers, is facilitating access to U.S. dollars, which enables the Castro regime to make a hefty profit,” it would be nice if they were called to account for what they have said about travel, and spent at least one weekend feasting on their own words and at their own expense.

Then, perhaps Jay-Z and Beyonce could tell them, “apology accepted.”

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Democracy: Is there an app for that?

July 3, 2014

We are on the cusp of our July 4th holiday here in the U.S., when we remember the revolutionary origins of our country and celebrate our independence with baseball, beer, and displays of fireworks accompanied by a spirited rendition of Tchaikovsky’s 1812 Overture.

Because we’re eager to finish the work week, we’re circulating our Cuba Central News Blast a little early so you can read the news now and all of us can join the party.

We start with Chip Beck, a U.S. citizen with ties to the CIA and the Navy.  According to this blog post on Wikistrat, between 1998 and 2001, while he was working as a freelance journalist, Beck traveled to Havana and received significant cooperation from the Cuban government as he investigated the disappearance of Americans in Asia, Africa, and Central America during the Cold War.  It’s a great story.

In Beck’s account of his five trips to the island, he describes familiar sounding offers by Havana to sit down and negotiate with Washington without preconditions, so long as the U.S. recognized Cuba as a sovereign nation.  He concludes by quoting a conversation he had on the Malecón with a Cuban he identifies only as a single mom with a college degree.

She said, “If you tell a Cuban what to do, he will do the opposite just to spite you. If you [Americans] stop telling us what to do, things will work out exactly like you want.”

Needless to say, this was very good advice which, a dozen years later, we’re still waiting for the U.S. government to heed.

Instead, President Obama, the 11th president in charge of foreign relations with Cuba’s revolutionary government, pursues the stale and failed policy he inherited from his predecessors.  On one track, he has made some important moves to promote two-way travel, family reconciliation, and modest forms of bilateral cooperation.  But, on the second track, he aggressively enforces the embargo with its international overreach to shut down Cuba’s access to finance and global trade.

As of last week, for example, his Administration had already imposed penalties totaling $4.9 billion against 22 banks for violating U.S. sanctions against doing business with Cuba.  That record was shattered by a penalty meted out against BNP Paribas, which pled guilty to two charges, agreed to pay a nearly $9 billion fine, and accepted bans for one and two years respectively on certain dollar clearing and processing activities – all for violations of sanctions against countries including Cuba.  This led the Bank of Ireland, which has “long-standing customers with legitimate business interests in Cuba,” to tell them it would no longer clear their transactions to or from Cuba, as the Independent reported.

At a time when tens of thousands of Cubans (like our friend Barbara Fernández) are working hard to take advantage of economic reforms – in cooperatives and private businesses – in order to live more prosperous and independent lives, tightening the screws on a policy that disregards their nation’s sovereignty and increases their daily struggles makes no sense.

Eric Schmidt, Google’s Executive President, who just wrapped up a visit to Cuba during which he voiced support for an open Internet, underscored the contradictory goals of U.S. policy in a blog post about his trip.

“The ‘blockade’,” he writes, “makes absolutely no sense to US interests: if you wish the country to modernize the best way to do this is to empower the citizens with smart phones (there are almost none today) and encourage freedom of expression and put information tools into the hands of Cubans directly.”

We were in Cuba at the same time as Google and heard Cubans express similar ideas.  They want an Internet opening to complement their economic opening.  They want workers, especially working women, to be able to get online and connect to their jobs from home.  They want a more lively public debate. Just as Cubans are now free to travel overseas, they want to be able to access more information without having to leave.  Dumping restrictions – whether on technology, U.S. travel, or finance – imposed by the U.S. would put what Cubans want in greater alignment with the ostensible goals of U.S. policy and help them get it.

Writing about the architects of our nation and their ideals, former Senator Gary Hart described what the Founders saw in history’s great republics: civic duty, popular sovereignty, resistance to corruption, and a sense of the commonwealth; what we own in common that binds us together.  Every time we visit the island, we see Cubans who share these ideals as well.

July 4th is a great day to celebrate the virtues of our system, which are many, but it can also be an occasion for some humility. In Cuba’s case, that means to stop telling them what to do, and showing respect to Cubans and their ability to figure out their future and how they want to live for themselves.

If you need help figuring out why, when we celebrate Independence Day, we set off fireworks to music commemorating Russia’s defense of Moscow against Napoleon, listen here.

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The Engagement Party

June 20, 2014

These days, the President can’t shake hands with an adversary – much less negotiate freedom for an American prisoner – without being stung by fifties-era fighting words like appeasement.

This week, however, there was more evidence that the President has greater political space to negotiate with Cuba than he might have otherwise thought.

Florida International University, which has tracked opinion in the politically conservative enclave of South Florida since 1991, has just released its 2014 poll testing how Cuban Americans view U.S. policies toward Cuba.

According to FIU’s 2014 surveymajorities of Cuban Americans now support three big changes in U.S. policy – ending the embargoending restrictions on travel, and recognizing Cuba diplomatically – at the highest levels it has ever recorded.

FIU found support for diplomatic recognition among all respondents at 68%; among younger respondents at 90%; among all registered voters at 55%; and among non-registered voters at 83%.  Since the major thrust of U.S. policy has always been to isolate Cuba and stifle contact between our two governments, finding outsized support levels among Cuban Americans for reestablishing diplomatic relations with Cuba is a really big deal.

We believe, and believe strongly, in the U.S. using diplomacy to end our self-imposed isolation and recognize Cuba.  But even short of normalization, we advocate engagement to help us jointly solve the problems we and Cuba have in common.

During most of the 41 trips to Cuba we’ve hosted, Cuban officials, academics, and others have identified issues – such as law enforcement, terrorism, drug trafficking, and much else – where both countries would benefit by increasing or starting bilateral cooperation.

Our 21st Century Cuba publications zero in on subjects – such as protecting Florida from oil spills, and working with Cuban women as they seek greater economic benefits and autonomy in Cuba’s new era of reform – where the U.S. could collaborate, help Cubans and serve our national interest, if only U.S. policy and sanctions didn’t hold us back.

Last night, as we celebrated our 8th anniversary, CDA honored three allies whose work exemplifies engagement: Wynn Segall, the eminent sanctions lawyer, who has secured the research and people-to-people travel licenses that enable us to visit Cuba; Mario Bronfman of the Ford Foundation, who supported our 21st Century Cuba research program; and Carol Browner, the former EPA administrator, who has joined her leadership on climate change to the cause of engagement with Cuba.

Their actions, to dismantle barriers to collaboration and move relations with Cuba in a more positive direction, are the model for making progress on U.S. policy.  With the FIU survey showing clear and increasing support in South Florida for dealing directly with Cuba, there is no political excuse left to hold the Administration back.

However, due to developments in the case of Alan Gross, there is even greater urgency for them to embrace engagement now.  Mr. Gross was arrested in Cuba in 2009 for regime change activities our government knew to be in violation of Cuban law.  He is in a hospital prison in Havana serving a 15-year sentence.

Since his arrest, our government has primarily called on Cuba to release him unilaterally, and dismissed Cuba’s offers to negotiate a solution that would bring him home.  This strategy has produced nothing.

Dismayed by our government’s disengagement, Alan Gross said in an appeal for help to the White House last fall: “With the utmost respect, Mr. President, I fear that my government — the very government I was serving when I began this nightmare — has abandoned me.”

Having failed to stir action, Mr. Gross went on a hunger strike in April and later threatened to take his life if he found himself in prison by his next birthday.  On Wednesday, we received word that his mother died from cancer, and learned last night that his brother-in-law also passed away this week.

In a statement issued following Gross’s mother’s death, Cuba reiterated its willingness to negotiate, and clearly linked the humanitarian concerns of Alan’s case to the three members of the Cuban Five still in prison here.

Resolving the Gross case is a prerequisite for moving forward on normalizing relations with Cuba, a virtue by itself.  But, fruitful negotiations with Cuba could also restore faith here in presidential leadership and a core purpose of diplomacy: negotiating with our adversaries to get things done.

Consider the case of Colombia.  This week, Juan Manuel Santos won reelection as Colombia’s president after beating Oscar Ivan Zuluaga in a runoff campaign.

Santos put his hold on power at risk and placed his faith in diplomatic negotiations with the FARC to end the civil war that has bloodied his country since 1964. Zuluaga, by contrast, as the Wall Street Journal reports, accused Santos of selling out Colombia at the bargaining table.

Rejecting allegations of appeasement, Santos said, “What is important, as Nelson Mandela said, is what is negotiated at the table.”  Apparently, a majority of Colombians agreed.

What a good reminder to President Obama who, just six months ago, shook hands with Raúl Castro at Mandela’s memorial.

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Which President told the Cubans “I wish you well”?

May 30, 2014

Finally, a President went to Cuba and uttered the words we’ve longed to hear.

“I wish you well.”

Only, it wasn’t President Obama.

This message to Cuba’s people came from the President of the U.S. Chamber of Commerce, Tom Donohue.

It came up,  as he wrapped up his visit to the island with an appearance at the University of Havana, and took questions from the press. When Daniel Trotta of Reuters asked Mr. Donohue, “Is Cuba a good investment?” he responded as follows:

“Cuba would be a better investment if it had issues like arbitration, and agreements that would protect intellectual property, and ways that we could resolve our differences. But I believe that Cuba, 91 miles from our shore, with the new and extraordinary port that’s being built here, has the potential to develop as a very good investment not only for Americans, U.S. citizens, but from people around the world, and I wish you well.”

To borrow a phrase from Vice President Biden, this is kind of a big deal.

In our reports on economic reform and gender equality, we discussed how Cuba’s own policies produced enviable achievements in critical areas like education and health but at unsustainable costs.  Since he became Cuba’s President, Raúl Castro has authorized greater liberties – from legalizing cell phones to overseas travel – while at the same time cutting the size of the state’s payrolls and opening employment opportunities for Cubans in the non-state sector.

In simple terms, Cuba’s project going forward is about addressing its economic crisis and bringing its assets and expenditures into a balance that future Cubans can live with.

This is at odds with the core objective of U.S. policy.  For more than 50 years, its goal has been to sink Cuba’s system by strangling Cuba’s economy.  The era of reform ushered in by President Castro has, at times, posed a paralyzing dilemma to President Obama.

On one hand, President Obama diverted from the orthodoxy in his first term by opening talks with Cuba on some bilateral issues, and by taking truly useful steps to reform U.S. policy; by giving unlimited travel rights to Cuban Americans and restoring some channels of people-to-people travel for Americans not of Cuban descent.

On the other, he has left the embargo mostly in place, stubbornly enforced sanctions against financial institutions to tie up Cuba’s capacity to engage in global commerce and trade, and distressingly allowed many excesses of our regime change program to remain in place.

Changing circumstances in Cuba have occasioned no fresh thoughts – and no Hamlet-like indecision – among the pro-sanctions hardliners.

Tim Padgett wrote perceptively this week about their support for policies that exact sacrifice and impose suffering on Cuba’s people.

“Incredibly, [the hardliners are] convinced that denying Cuba’s fledgling entrepreneurs more seed money, cell phones and sage advice – that keeping them in the micro-economic Middle Ages – is the best way to change Cuba.

“[W]hy wouldn’t the Cuba-policy hardliners want to help accelerate that process? One answer is that it’s too mundane: It doesn’t fit their more biblical vision of a Cuban Spring in which the Castros are ousted by a fiery, exile-led uprising.”

How else to explain their vitriolic reaction to the U.S. Chamber’s visit?

“Sen. Marco Rubio, the Wall Street Journal reported, “blasted Mr. Donohue in a letter last week, calling the trip ‘misguided and fraught with peril of becoming a propaganda coup for the Castro regime.'” Capitol Hill Cubans taunted The Chamber with a note suggesting they invest in North Korea.  Senator Bob Menendez chastised Donohue, saying conditions in Cuba “hardly seem an attractive opportunity for any responsible business leader.”

Donohue was cheerfully immune to all of this. He said, “the Chamber of Commerce takes human rights concerns seriously,” as the AP reported, “calling it an issue that should be part of a ‘constructive dialogue’ between the U.S. and Cuba.”

He knows -in ways the hardliners simply cannot accept – that the political problems that divide the U.S. from Cuba will never be solved through diplomatic isolation but through negotiation and engagement.

In this sense, the voices criticizing Donohue, powerful as they are, represent the past – and neither the U.S. Chamber nor the 44 members of the foreign policy establishment who appealed for reforms in a letter to President Obama are going back.

Instead, our policy going forward will be defined not by pressing for the system’s failure, but by the principle that Cubans are better off – and U.S. national interest best secured – by respecting the desire of Cubans to succeed in a future of their own design.

It is up to President Obama to say the words, “I wish you well.”

But time is running out.  As Tom Donohue observed, “If [President Barack Obama] wants to get it done before the end of his term, he’s got two years, so he’ll have to get busy.”

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No Introduction

May 9, 2014

“Let me now introduce someone who needs no introduction.”

It is a weird custom of the Washington windbag to follow sentences like this with a lengthy introduction of the next speaker.

Normally, this is pointless, since that person is most often well-known to everyone within the sound of the speaker’s voice, but the introduction is made nonetheless.

In that spirit, we’d like to begin the News Blast this week with some introductions of our own.

Let’s start with Assistant Secretaries of State Roberta Jacobson and Tom Malinowski who, as McClatchy reported, testified this week against imposing punitive economic sanctions on Venezuela.

Jacobson, who spoke for State’s Western Hemisphere Affairs Bureau, told the Senate Foreign Relations Committee that hitting Venezuela’s government with sanctions as a tactic to cool its political crisis “would serve to reinforce a narrative of the Venezuelan government standing up to the United States — rather than the Venezuelan people standing up for themselves.”

Malinowski, speaking for State’s Human Rights Bureau, added on sanctions:  “They work in some places, they don’t work everywhere. Timing is extremely important.”

These top State Department policymakers who oppose sanctions on Venezuela should discuss their “counterproductive” effects with the people who maintain our fifty-plus year old embargo on the government and people of Cuba.

While we’re at it, let’s also introduce the State Department policymakers who track Cuba on the fight against illegal drugs and terrorism.

In March, when the Bureau of International Narcotics and Law Enforcement Affairs released a report giving high marks to Cuba’s counter-narcotics efforts, it said “Cuba demonstrates increasing willingness to apprehend and turn over U.S. fugitives and to assist in U.S. judicial proceedings by providing documentation, witnesses and background for cases in U.S. state and federal Courts.”

Yet, barely one month later, when the Bureau of Counterterrorism released the 2013 Report on the State Sponsors of Terror, it said “The Cuban government continued to harbor fugitives wanted in the United States” to justify keeping Cuba on the list.

Different fugitives, we know.  But, shouldn’t these guys talk?

Our last introduction is for Secretary of State, John Kerry, who gave a speech about the importance of entrepreneurship at a gathering of the Council of the Americas this week.  At the end, he zeroed in on Cuba.

Secretary Kerry is worried that the Cuban people will “continue to be left behind (economically) as the rest of the hemisphere advances,” unless more can be done to strengthen “the emerging micro-entrepreneurial sector in Cuba.”

There is no shortage of ideas for stimulating more economic activity in Cuba.  One came from Gary Becker, the Nobel Prize-winning economist, a staunch conservative and an anti-communist.  In March, Becker, who died this week, wrote: “It is time to end the embargo on the export and import of goods and services between the United States and Cuba. The Cuban people will benefit almost immediately.”

Also this week, the Boston Globe, Secretary Kerry’s hometown newspaper, made the political case for economic engagement with Cuba:

“There’s a reason why the United States doesn’t normally cut all ties to countries with repressive regimes. Economic engagement can be as powerful, or more powerful, a force for change than isolation. It doesn’t erase tensions with offending regimes, but rather puts more pressure on them. It expresses to the people living under the regime a desire for cooperation; opportunities to better understand each other; and a closer look at American-style freedoms and democracy.”

Despite these powerful arguments — that ending economic sanctions would provide Cubans with greater economic opportunity and the chance for greater freedoms, just as Secretary Kerry said he wanted in his speech — there’s a catch.   To accomplish these goals, we’d have to introduce him to the same person who kept Cuba on the State Sponsors of Terror List and who will not advocate publicly for increased travel and trade opportunities for Americans and Cubans.

By now, we’re sure you’re on to us.  There is a reason the Venezuela sanctions people don’t need an introduction to the Cuba Sanctions people, or the officials tracking drug fugitives to the policy makers who keep the terror list, or the supporters of microenterprise to the supporters of economic sanctions.

They’re all the same guys.  A lot of them smart and really good people.

It is the problem that needs no introduction, familiar to all within the sound of our voice.

Until our leaders confront the hardliners in Congress and the political culture that keeps these irrational, inconsistent, and ineffective policies in place, they’ll just go on behaving like people who’ve never met.

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Wise Use of Executive Authority Could Navigate Obama off the 404 page

April 25, 2014

Thanks to ZunZuneo, President Obama has tweeted his Cuba policy into an Error 404 page.

Just this week, ZunZuneo rattled Roots of Hope, a non-profit that professed distance from government-funded “democracy promotion” programs, when the Associated Press exposed the role played by some of its leaders in the Cuban Twitter project.

It rankled Costa Rica after the AP reported that a USAID manager stationed in San Jose played a role in supervising the project, dragging a staunch U.S. ally which respects Cuba’s sovereignty into the regime change row.

And it continued to roil press relations with the State Department, where Jen Psaki, the spokesperson, was still telling reporters that USAID had not yet finished reviewing the tweets ZunZuneo sent to Cubans to determine their political content three weeks after the scandal broke.

The 2012 election should have freed the president’s hand.  But, after the President vanquished former Gov. Romney – who famously said in Florida, “If I’m fortunate enough to become the next president, it is my expectation that Fidel Castro will finally be taken off this planet” – his Cuba policy is staggering under the weight of a really dumb program that he inherited from his predecessor.

How can the president navigate back?  He should use his authority to revive his Cuba policy in ways that demonstrate his leadership and understanding of the post-Cold War world.

Take Cuba off the State Sponsors of Terror List.  President Reagan listed Cuba for political reasons, and politics is the only justification for why it remains falsely accused and heavily penalized.

Even though the Department explains the list by saying, “the Secretary of State must determine that the government of such country has repeatedly provided support for acts of international terrorism,” the report it issued last year read like a concise statement for Cuba’s exoneration.

It said, Cuba distanced itself from Basque terrorists.  It changed from offering safe haven to some members of the FARC to hosting peace talks between it and Colombia’s government.  The report even said, “There was no indication that the Cuban government provided weapons or paramilitary training to terrorist groups.”  The sole criticism it contained — that Cuba harbors fugitives wanted in the United States — is not a condition for including any country on the terror list.

Above politics, there are a number of compelling reasons – all in the U.S. national interest – for the President to remove Cuba from the terror list, and some urgency for him to take this step now.

Reconsider the sentences of the remaining members of the Cuban Five. This week, the New York Times endorsed a decision by the U.S. Department of Justice to reinvigorate the clemency power of the executive branch with this reminder:

“Throughout American history, presidents from Abraham Lincoln to Harry Truman to Gerald Ford have used the power of executive clemency to help bring an end to war, or to promote national healing in its aftermath.”

This brings us – and ought to bring the President – to the case of the Cuban Five, “now in their fifteenth year in prison for conducting espionage operations, mostly against exile groups with violent pasts,” as Peter Kornbluh explained in the Nation last year.

Although its negotiating position has shifted over the years, it has long been clear that the Cuban government will negotiate for the release of imprisoned U.S. contractor Alan Gross so long as its “humanitarian concerns” for these prisoners are also met.

Since his arrest in 2009, the U.S. government has fecklessly called for Mr. Gross’s unconditional release, despite his conviction in a Cuban court for activities our government knew were illegal before he was sent to Cuba under a USAID regime change program.

As recently as this month, Secretary of State John Kerry, in testimony before Congress, rejected a prisoner swap because it implies Cuba’s spies and Mr. Gross were engaged in equivalent activities (a debatable notion in itself).

Worse, it is the position of hardline Members of Congress that the U.S. should not negotiate with Cuba to obtain his release because Cuba is listed as a state-sponsor of terror (see above).

While his government offers pat explanations for what it won’t do to affect his release, Mr. Gross was plain-spoken in telling his attorney darkly, “His 65th birthday, which occurs on May 2, will be the last birthday that he celebrates in Havana.”

Deputy Attorney General James Cole, explaining the administration’s commutation policy, wrote, “It is important to remember that commutations are not pardons. They are not exonerations. They are not an expression of forgiveness.” He could have been writing the script for a Presidential determination to free the Cuban spies in exchange for Alan Gross.

The President will be hard to move on this exercise of his executive authority.  But, make no mistake; an action by the President to approve commutations for the remaining Cuban Five prisoners would not just enable Mr. Gross to celebrate his 66th birthday at home, but free his administration to pursue more effectively all of his Cuba policy goals.

The big enchilada is Helms-Burton. Our final point, though it might be hard to imagine, is that the President should be honing the argument for reclaiming the authority of his office to recognize Cuba, an authority that was seemingly taken away by passage of the Helms-Burton law.

On Monday, the U.S. Supreme Court announced it will consider a case that bears directly on this point. It concerns a law enacted by Congress that requires the State Department to treat Jerusalem as the capital of Israel for the purposes of issuing passports.  At stake is the larger constitutional principle of whether the President has the exclusive right to recognize the sovereignty of another country.

The U.S. Court of Appeals sides with presidential power and against the Congress in a decision it issued last year.   Its decision can be read in its entirety here.  But, the conclusion by the Court is unmistakable:

“Having reviewed the Constitution’s text and structure, Supreme Court precedent and longstanding post-ratification history, we conclude that the President exclusively holds the power to determine whether to recognize a foreign sovereign.”

Should the Supreme Court affirm the appellate court ruling, its decision will loosen the grip of Congress on the core issue of Cuba policy – whether the U.S. will shift its focus from overthrowing the Castro government to letting Cubans decide their own future by themselves.

Letting the Cubans lead, rather than forcing them to tweet, would be a proud moment for the President, unless he prefers hearing the tweet of the hummingbird that brought him to 404.

Interested in traveling to Cuba? Travel with CDA!

Since 2001, the Center for Democracy in the Americas (CDA) has been organizing delegations of travelers to visit Cuba to experience the island first-hand.

These trips, which we primarily offer to Members of Congress and various groups of policy experts, provide a truly unique experience, introducing travelers to our diverse range of contacts and friends, including artists, academics, entrepreneurs, musicians, journalists, and Cubans from all walks of life.

Right now, CDA is organizing a people-to-people delegation which will travel from June 1st to the 6th.  There are just a few spaces left, and we are hoping that readers of our news blast would like to fill them! If you are interested in seeing Cuba first-hand, please email Vivian Ramos at vivian@democracyinamericas.org ASAP.

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