China Climate Deal a Model for Big Reforms on Cuba

November 14, 2014

The deal President Obama struck with China’s President Xi Jinping committing both countries to reduce greenhouse gas emissions enraged climate change deniers, elements of the coal industry, and its core supporters in Congress.

If you look at what made the breakthrough possible, how it happened, how it will be implemented, and what motivated both sides to reach the agreement, it should also make hardline supporters of Cuba sanctions very, very nervous.

President Obama went to China for the leaders’ meeting of the Asia-Pacific Economic Cooperation (APEC) forum, which promotes economic cooperation in the region, and for bilateral talks with China’s president.

Preceding the bilateral meeting with President Xi, diplomats from China and the U.S. negotiated agreements on trade, visas, and security; the latter referring to a U.S. priority to get China’s military to adopt international norms and reduce conflicts over borders as well as disputes over fishing and land rights.

The climate change agreement, which came about after “nine months of quiet dialogue between the two countries,” was described by Michael Levi of the Council on Foreign Relations as “a serious diplomatic breakthrough after years of unsuccessful efforts to do something big and joint that goes beyond clean energy cooperation and gets to one of the most sensitive parts of climate policy.”

China and the United States are the world’s two biggest emitters of carbon pollution, the main driver of climate change. Opponents of climate change legislation in the U.S. consistently cite China’s reluctance to cap its carbon emissions as evidence that action by the U.S. would be a futile exercise. By negotiating a deal with Xi, Mr. Obama has taken that excuse out of play.

According to James Fallows writing in The Atlantic, China was moved to action because it recognized that “environmental damage of all kinds is the greatest threat to its sustainability — even more than the political corruption and repression to which its pollution problems are related.”

What most infuriates President Obama’s domestic political opponents is not just the forward movement he produced through bilateral diplomacy before the two summits in China, but the fact that the president can fulfill our part of the agreement by taking executive action.

By pledging to use the power of his office to do what Congress has proven unable and unwilling to do, the president’s climate deal was called by one analyst, “arguably as significant on pure foreign policy terms as it is on environmental terms. It sets a precedent of the U.S. and China not just cooperating on a difficult issue — as a very rich country and a poorer country, their climate policies are necessarily at odds — but cooperating on global leadership.”

Equally important, the president demonstrated that his foreign policy could walk and chew gum at the same time by scoring several critical agreements with China while also reaffirming his concerns about China’s record on human rights.

There is no clearer case for what President Obama should do in Cuba than what he just accomplished in China.

He used engagement and quiet diplomacy to reach agreements that reflected the national interest of both countries. He will implement the deal by executive action. By reaching an agreement that replaced inaction by China with a substantial climate change commitment, he removed the greatest barrier — at least rhetorically — to real action on climate by the United States. He managed to negotiate these complicated accords ahead of two key summits so that he wouldn’t have to travel to the region empty handed.

Today, the greatest obstacle to progress with Cuba is the continued imprisonment of Alan Gross on the island and the sentences being served by three Cuban spies in the United States. Gross broke Cuban law by engaging in regime change activities, and the Cuban spies broke U.S. law by failing to register as foreign agents as they investigated exile terror groups that had killed Cuban citizens.

President Obama can use the powers of his office to strike the deal that will free Mr. Gross and the Cuban prisoners while also removing the biggest impediment to greater U.S. engagement with Cuba on a variety of issues, including human rights.

There is nothing he can do to win over his most virulent opponents in Congress. Just yesterday, Rep. Ileana Ros-Lehtinen denounced Cuba for its leadership in the fight against Ebola and criticized any effort to free Alan Gross that would include negotiations with Cuba.

But if the president wants to succeed at next year’s Summit of the Americas, where all of our nation’s hemispheric allies will be joined at the table by Cuba, he must make substantial changes in our foreign policy toward the island’s government, as Richard Feinberg argues here.

Just as he struck a deal with China to control carbon emissions over the objections of climate deniers while also restating our nation’s commitment to human rights, the president can overcome those invested in our current, polluted relationship with Cuba by changing the climate around U.S. diplomacy toward Cuba.

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ICYMI: FATF Takes Cuba Off Its AML/CFT List! Wait, What?

October 31, 2014

Unless you cyber-troll the FATF website, you probably missed this item.

Last Friday, FATF congratulated Cuba for taking such strong actions to police its financial system that Cuba will no longer be monitored for its compliance with anti-money-laundering and anti-terrorist finance rules.

Be patient. Don’t flip to the “Recommended Reading” section just yet. This is about Cuba’s false and unfair listing by the U.S. State Department as a state sponsor of terror.

FATF is actually a thing, not just a bad acronym: The Financial Action Task Force. It was created in 1989 at meeting of the G-7 nations to combat money-laundering and, after September 11, 2001, its mandate expanded to cover terrorist financing.

Countries that fail to embrace and enforce its rules suffer consequences. As the Wall Street Journal reports, it is “difficult for those nations to transact with the banking systems” of countries throughout the world, costing them billions.

If countries out of step with FATF are also subject to U.S. sanctions (e.g. the U.S. State Department’s list of terrorism-sponsoring states), their problems multiply. As a practical matter, they are locked out of the global financing sector, which could deny them “billions of dollars in potential investment,” according to one analysis.

Cuba knows this well.

Cuba was added to the list of State Sponsors of Terrorism in 1982, when the Reagan administration decided to play politics with counter-terrorism, a dangerous game taken up by every White House since. Listen to Dick Clarke, a career civil servant who advised three U.S. presidents on counter-terrorism policy, explain why Cuba stayed on the list in the 1990s; it wasn’t because Cuba supported terrorism, but rather it was for purely domestic political reasons.

Because no administration has been as candid as Mr. Clarke, they have kept Cuba on the list, but shifted their rationales for doing so as circumstances warranted.

At the start, the U.S. government accused Cuba of supporting insurgencies in Africa and Latin America. While Cuba’s activist foreign policy once involved supporting armed insurrection abroad, Cuba has long since ended these practices, as the Congressional Research Service (CRS) explains.

In 2004, the Bush administration called out Cuba for publicly opposing Washington’s “War on Terror,” not for supporting terror but for voicing criticism of U.S. policies. This was a flimsy charge, but it took the State Department a few years to drop it.

As recently as 2011, the State Department has used Cuba’s failure to meet FATF standards to justify its presence on the terror list: “Despite sustained and consistent overtures, Cuba has refused to substantively engage directly with the FATF. It has not committed to FATF standards and it is not a member of a FATF-style regional body.” Then, things changed.

Just a year later, State reported that “Cuba became a member of the Financial Action Task Force of South America against Money Laundering, a FATF-style regional body. With this action, Cuba has committed to adopting and implementing the FATF Recommendations.”

By the time the Department issued its 2013 report, all references to Cuba’s compliance with FATF’s standards had vanished completely.

So, remind us again, why is Cuba still on the terror list?

Even the State Department seemed confused when it released this year’s terror report which said, “there was no indication that the Cuban government provided weapons or paramilitary training to terrorist groups.”

In another sentence, State reported “Cuba has long provided safe haven to members of Basque Fatherland and Liberty (ETA) and the Revolutionary Armed Forces of Colombia (FARC).” But, in the very next line, State said, “Reports continued to indicate that Cuba’s ties to ETA have become more distant.”

We also know that Spain’s government told former President Carter that “ETA members are there at the request of the Spanish government,” and that Colombia, a close U.S. ally, is relying on Cuba as a host and facilitator for its peace talks with the FARC to help end their civil war.

This leaves only one allegation: “The Cuban government continued to harbor fugitives wanted in the United States.”

Here, the report refers to Joanne Chesimard, convicted in the U.S. for her role in the murder of a New Jersey state policeman, and to other so-called “militant groups” active in the U.S. decades ago. But, Cuba’s decision to allow them to live on the island is not an act tantamount to supporting terrorism.

Terrorism is a terrible thing. In 2013, the data show there were over 9,700 terror attacks worldwide that caused more than 17,800 deaths and 32,500 injuries. But not one casualty, not one act of violence was connected to Cuba.

So, if Cuba has zero connections to terrorism, why is it that when a reporter asked Marie Harf, the Spokesperson for State, “How much longer are you going to keep Cuba on the list of state sponsors of terrorism?” she replied by saying, “Well, it’s a good question that I know comes up a lot. The State Department has no current plans to remove Cuba from the State Sponsors of Terrorism list”?

Of course, she could have offered a more candid answer. There’s just one thing holding up Cuba’s removal from the State Department’s State Sponsors of Terrorism list, and it isn’t radical fugitives from the 1970s or 80s who found safe haven in Cuba.

It’s politics – and that’s a FATF, er, a fact.

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On Ending Pipsqueak Diplomacy

October 3, 2014

We offer three loud, enthusiastic cheers to our friends Bill LeoGrande and Peter Kornbluh.  Their new book, Back Channel to Cuba, immediately made news and refocused discussion on the decrepit state of U.S.-Cuba diplomacy.

“Clobber the pipsqueak” was Henry Kissinger’s call to war against Cuba.

Using documents obtained from President Gerald Ford’s presidential library, LeoGrande and Kornbluh detail the former Secretary of State’s rage at Cuba for disrupting the détente he had designed with Russia and the opening of China by sending its troops to help Angola preserve independence against attacks from South Africa, then our anti-communist ally.

As the New York Times reports, Kissinger set in motion the creation of contingency plans whose options included blocking Cuban ships from carrying troops and weapons to Africa to the bombing of Cuban bases and airfields.

A decision to strike the island was delayed until after the 1976 presidential election since, as one document said, “Escalation to general war could result.” Had President Ford beaten Jimmy Carter at the ballot box, we might well have found that out.

That even the idea of war was contemplated just fifteen years after the Cuban missile crisis is astonishing, as the authors said on MSNBC, since the agreement which ended it reflected a U.S. promise not to attack Cuba.

Although war fever spiked again during the Reagan years, diplomatic isolation, interrupted by episodes of engagement on matters like migration, has defined U.S. policy toward Cuba even under President Obama.

Yet, as Kornbluh and LeoGrande write in The Nation this week, “Obama can’t dodge the Cuba issue much longer. The Seventh Summit of the Americas, scheduled for Panama next spring, will force Cuba to the top of the president’s diplomatic agenda.”

Created in 1994, the Summit of the Americas has convened leaders of Western hemisphere nations six times without Cuba at the table.  Cuba is barred, chiefly at the behest of the United States, because it is not a democracy.

But, as Uruguay’s Foreign Minister Luis Almagro told the Miami Herald this week, Latin America has united behind the position “that Cuba should be part of the 2015 Summit.” By inviting Cuba, Panama “has welcomed this desire and I believe that the invitation sent to Cuba is good news for the inter-American family.”

Panama has put President Obama in a pickle.

As Nick Miroff, writing for the Washington Post, frames the choice:

“(If) Obama skips the conference, or sandbags it by sending Vice President Biden, it would render the already-weak OAS even more hobbled, and potentially deal a fatal blow to the possibility of future summits.

“If Obama does attend, it could lead to some awkward shoulder-rubbing with Raul Castro.”

This choice is not complicated for hardline supporters of our current policy like Senator Robert Menendez, the Senate Foreign Relations Committee Chairman.  In a rather apocalyptic letter to the president of Panama, Menendez wrote:

I am gravely concerned that inviting the Government of Cuba to the next Summit of the Americas sends the wrong message about the consolidation of democracy in the Americas, will dramatically weaken the democratic credentials of the premier meeting of heads of state in the hemisphere, and ultimately will undermine the validity of the Summits’ declarations.”

Not to be outdone, Mauricio Claver-Carone, Director of the U.S.-Cuba Democracy PAC, predicts in the Miami Herald “a veritable unleashing of authoritarian ambitions in the hemisphere” if Cuba is seated at the summit.

Tiptoeing for time, the U.S. State Department approaches the problem as if it weren’t imminent. As Jen Psaki, State’s spokesperson said in a briefing: “Well, as I understand it, it was an announcement of (an) intention to invite.”

But, denial is not diplomatic.  As Fulton Armstrong and Eric Hershberg write this week, “Latin America sees Cuba as a full member of the hemisphere and has lost all patience with those in Washington who would deny that.”

The theme connecting Kissinger’s arrogance in 1976 to Senator Menendez’s easy dismissal of the prerogatives of Panama’s democratically-elected president is the inherent disregard that U.S. diplomacy has for Cuba’s existence as a sovereign nation.

That’s how we used to treat Vietnam.  Now, the Obama administration is selling its government lethal weapons, “to help Hanoi strengthen its maritime security as it contends with a more assertive China.”

There are much better reasons – such as rebuilding U.S. ties to the region – for the U.S. to drop its pipsqueak approach to Cuba and adopt a more robust diplomacy based on engagement.

A lesson drawn by Kornbluh and LeoGrande from six decades of back channel dialogue is that replacing hostility with reconciliation is not only possible, but capable of serving “the vital interests of both nations.”

Time, as they say, is running out, but President Obama can still rise to the occasion.

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Ending the Embargo: Can “Brand America” Bail Obama Out?

September 26, 2014

Not a great week for President Obama or his resilient support for the U.S. embargo against Cuba.

With heads of state and government gathering at the United Nations for the 69th Session of the General Assembly, Juan Manuel Santos, President of Colombia, and Salvador Sánchez Cerén, President of El Salvador, spoke out strongly against the U.S. embargo.

Santos said, “I have faith that the United States and Cuba can form a working relationship that allows the United States to lift the embargo that from my point of view has failed.”

In his first General Assembly speech as president, Sánchez Cerén said, “In the pursuit of peace efforts, and of equitable development there is no place for the disdain of fundamental principles and freedoms which is found in the economic, trade and financial blockade against the sister republic of Cuba.”

These strong words, coming from leaders of America’s staunchest allies in the hemisphere, merely echo what has already been said by influential foreign policy voices – like Hillary Clinton, Yoani Sánchez and, yes, John Oliver.

Earlier this year, former Secretary of State Clinton described to Jorge Ramos why she now favors lifting the embargo.

“I think it has propped up the Castros because they can blame everything on the embargo…You don’t have freedom of speech, you don’t have freedom of expression, you know, you’re still having political prisoners, everything is blamed on the embargo.”

Yoani Sánchez, the Cuban dissident, who has gone from communicating with the outside world with flash drives, to winning a Yahoo! fellowship at Georgetown University, wants the U.S. to end the embargo for a similar reason.

“I come from a generation of Cubans that have grown up with an official discourse constantly running through my ears that has expertly used the embargo as its foremost excuse — blamed for everything from the lack of food on our plates to the lack of liberty in the streets.”

Commenting on President Obama’s decision this month to extend Cuba’s status as the only nation on Earth subject to trade sanctions under the World WWI-era Trading with the Enemy Act, John Oliver told his HBO audience this week:

“Cubans blame the embargo for everything — the economy, the weather, the complete collapse of Homeland in its second season which, to be fair, Cubans probably haven’t seen but if they do they’ll hate it and they’ll blame the embargo for it.”

Clinton, Sánchez, and Oliver make a point President Obama has not fully absorbed; namely, it’s possible to have differences with Cuba’s government, political system, and economy and still see that the embargo, started by the Kennedy Administration and held together by a law enacted in 1917, has completely “failed.”

If the President wanted to consider a “newer” approach, he might read the remarks on Burma by Charles H. Rivkin, the U.S. Assistant Secretary of State for Economic and Business Affairs.

As you may know, our State Department is extremely critical of Burma’s systemic human rights abuses, extrajudicial killings, restrictions on speech, press, assembly, association, religion, and movement, and for its 45 prisons, 100 government labor camps, and 60,000 prisoners.

In Burma, however, Rivkin sees no place for an embargo. He’s heard “what American companies faced — or have faced in the wake of sanctions. They range from other foreign investors taking advantage of our absence to our own reporting requirements.”

Instead, he believes the U.S. business community – representing “Brand America” – will help take Burma where it needs to go: “towards a more connected, vibrant, and prosperous future.”

He argues this: “When people buy American, they buy into our values and beliefs as well as our culture of practicality and trust in the open market.”

Admittedly, this is the homeliest argument we’ve heard for ending sanctions and promoting U.S. investment in countries whose political systems we oppose. But, if the President buys it and applies it to Burma, he should seize it as a rationale for ending the embargo of Cuba — particularly now.

In the next few weeks, the UN General Assembly will turn its attention to Cuba, where resolutions condemning the embargo have been adopted by increasingly lopsided margins for 22 consecutive years.

As John Oliver observed Sunday night, “It’s been a while since Cuba was a genuine threat, and by continuing the embargo, we’re not just pissing them off, we’re pissing off almost the entire world.”

We can’t do any worse than the vote in 2013, which the U.S. lost by 188-2, even after the U.S. has spent the last year cranking up the embargo machinery against many of our closest allies.

But why even try?

If “Brand America” can ride to the President’s rescue, he should probably saddle it up.

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The anti-isolationist, pro-free trade, Cuba embargo supporters

September 19, 2014

This week, two staunch defenders of the U.S. embargo against Cuba came out against isolationism and in favor of expanding global trade.

Huh?

Not that he didn’t mean it – although the AP headline, “Sen. Rubio adopts role of foreign policy hawk,” suggests otherwise – Senator Rubio gave a speech and published an op-ed marking clear lines between those he deems “isolationist,” including President Obama, former Secretary Clinton, and Senator Rand Paul, and those who understand the dangers of the world by involving themselves and our country in them.

The speech, as it appeared to the Washington Times, was part of Rubio’s larger political strategy, because he is “considering seeking the 2016 presidential nomination.” That logic we understand. But, it’s hard to reconcile Rubio’s interest in stopping flights to Cuba by American travelers and condemning investment overtures by the U.S. business community, with his principled opposition to isolationism.

Then, his colleague, Rep. Ileana Ros-Lehtinen, gave flight on Twitter in favor of expanding trade and creating more jobs in South Florida. This made perfect sense, economically and politically. In the metro area where her South Florida district is located, exports in 2013 alone totaled $41 billion and accounted for 67% of Florida’s total merchandise exports, according to figures from the U.S. Commerce Department.

We get it. It’s good to be for jobs. However, it’s hard to reconcile her tweet for trade with her deeply personal criticisms of Floridians who seek to sell agriculture exports to Cuba. She once said of these Florida farmers, “They mask their greed with this veneer of humanitarianism but Mother Teresa they are not.” More recently, she called Alfonso Fanjul, a leader of the exile community, “pathetic” and “shameful,” because he wants to return to Cuba as an investor doing business in the sugar industry.

What she’s done is more than throw shade on her constituents. All of U.S. agriculture is affected by food export restrictions she supports, put into place by President George W. Bush. Corn and soy producers are still working Washington to get these barriers taken down 14 years after food sales to Cuba were legalized.

In their statements, Rubio and Ros-Lehtinen are doing more than grandstanding. We focus on them now – as we did two weeks ago after their staff members visited China on a junket paid for by the Chinese government – because their risible double-standards shouldn’t distract us from the serious human impacts of their policies to isolate Cuba, diplomatically and economically.

They support immigration policies which incentivize Cubans to take to rafts to gain entry into the United States, policies that just contributed to the largest death toll from any migrant boat disaster in more than two decades. Those policies also resulted in a criminal indictment of a Miami businessman who financed the operation that smuggled Yasiel Puig out of Cuba, who was then held captive in Mexico to extort a promise to pay the smugglers 20% of his future earnings.

At a time when Cuba is sending 165 medical professionals to fight the Ebola outbreak in Africa, they also support the Cuban Medical Professional Parole Program, which is still working to accelerate the Cuban brain drain, when the U.S. should be backing every country responding to this humanitarian crisis, including Cuba.

None of this will lift the spirits of Alan Gross, the former USAID subcontractor, who is about to observe Rosh Hashanah, the Jewish New Year, for the fifth consecutive year in a Havana prison. He was convicted for activities financed by the Helms-Burton law, whose purpose is to overthrow Cuba’s government, activities that Rubio and Ros-Lehtinen both support.

Mr. Gross, we’re sure, won’t appreciate the irony of Senator Rubio, a declared opponent of diplomacy with Cuba to gain his release, now pledging his allegiance to the cause of anti-isolationism. Or that Rep. Ros-Lehtinen, devoted to trade as she is, is also a proudly committed obstacle to a deal swapping the remainder of the Cuban Five to secure his freedom.

It is diplomacy, not irony, that will lead to his release.

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The Roar of the Lion, and the Sound of a Whisper

September 12, 2014

Dear Friends:

When President Obama described our role in assembling the coalition the United States will lead into war, he called it “America at its best.”

But, when a State Department spokesperson took a question about U.S. cooperation with Cuba on an issue of “security and safety,” she reacted like a character in Harry Potter reluctant to say Voldemort, because “We do not speak his name.”

The backstory, reported below in greater detail, involves a private plane flying from upstate New York to Naples, Florida that lost contact with air traffic controllers. As it headed off its flight plan, two F-15 fighter jets were sent to investigate “an unresponsive aircraft [then] flying over the Atlantic Ocean.” Three persons were unresponsive and presumed dead before the plane crashed into the seas off Jamaica, after flying through Cuba’s airspace.

It should have come as no surprise that U.S. authorities were in contact with their Bahamian and Cuban counterparts. “Obviously,” Marie Harf said at the State Department podium, “this is an issue of security and safety, and so we were in touch as well.”

Nor was it a secret. The FAA had already gone on record with a policy statement, “FAA International Strategies 2010-2014, Western Hemisphere Region,” outlining its objectives relating to Cuba:

  • Work closely with the Department of Transportation (DOT), Department of State (DOS) and other U.S. Government agencies to support the Administration’s Cuba initiatives and policies as well as FAA mission critical operations.
  • Negotiate for the sharing of radar data with key partners adjacent to U.S. delegated airspace: Bahamas, Canada, Cuba, Dominican Republic, Haiti, Haiti, Mexico, Saint Maarten.
  • Continue to work with the DOS to facilitate safety-critical operational meetings between the FAA and Cuban air traffic officials on a regular basis.

Yet, the terse answers to questions about the plane incident, and if it could be a model for future cooperation, sounded like the State Department was protecting state secrets. Read the full transcript of the briefing here and judge for yourselves.

For example, when Ms. Harf was asked about the flight incident, she offered a sparse 68-word recitation of the facts, before quickly referring reporters to NORAD and the FAA. After saying, “We have been in touch” with Cuba and the Bahamas, she replied, “I don’t have more details on those conversations,” and never mentioned the FAA’s strategy, publicly released in 2010.

As the reporter pressed further on whether the kind of cooperation that took place on the flight could expand to other “issues of national interest, like … security in the region,” she responded with boilerplate about talks on postal service and migration, but concluded, “I don’t have more for you on that issue than that.”

Apparently, there’s a fine line between putting together a Middle East coalition, an occasion to trumpet national pride, and an example of healthy cooperation with Cuba, which got little more than a meek mention at State.

It’s hard not to notice the contrast. CBS News labeled nations in the coalition as “frenemies” of the United States. As the State Department reported this year, citizens living in at least one of those nations, “lack the right and legal means to change their government; [face] pervasive restrictions on universal rights such as freedom of expression, including on the internet, and freedom of assembly, association, movement, and religion; and a lack of equal rights for women, children, and noncitizen workers.”

While the Administration has engaged with Cuba effectively, on a limited basis and in discrete areas like migration, environment, drug interdiction, and law enforcement, the White House and State Department prefer to keep these activities hidden below-the-radar, as if Parental Discretion was advised in their dealings with the American people.

The U.S. can and should do more. As we said in “9 Ways for US to Talk to Cuba and for Cuba to Talk to US,” it would be in the U.S. national interest to work with Cuba openly and closely on counterterrorism, military affairs, greater exchanges among scientists and artists and the like, while also developing what the countries have lacked for so long: a language for their diplomacy based on engagement instead of preconditions.

Doing this would reflect the values of Cubans and Americans alike. Such public diplomacy would also strengthen those in Cuba who take risks by supporting reform at home and engagement with the U.S. abroad.

Yes, this will be opposed by Members of the U.S. Congress who conflate engagement with appeasement. But, whispering about working with Cuba has never gotten them to stand down, and it never will.

So we say, stop whispering; engage more, unabashedly. If the Administration used its remaining time to make a more forceful commitment to diplomacy with Cuba, that would give all of us something to shout about.

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Friends Don’t Let Congress Drive Cuba Policy

August 1, 2014

Congress spent a month spinning itself into a frenzy over the crisis at the southern border of the U.S.

But, after weeks of photo ops, accusations that the Obama Administration created the crisis and failed to stop it, and shameful efforts to marginalize the children who fled poverty and violence in order to get here, nothing happened.

The least productive Congress in modern history has spun itself into a ditch.  It has made the migration crisis so dire and so toxic that even punitive legislation to fix it became too hot to handle.  Backed up against their own deadline for the August recess, neither the House nor the Senate could find enough votes to pass even band aid-sized fixes to a greater than tourniquet-sized problem.

As of this publication, the House leadership is considering how to press forward – making the legislation meaner to migrants, which dooms the bill to failure – or by taking the moral highroad and driving off on vacation.  In the meanwhile, both House Appropriations Chairman Harold Rogers (KY-5) and Speaker John Boehner issued statements telling the President to sweep up the mess by taking executive action (ironic, given the recent House decision to sue him for using his authority to implement health care reform).

There are media reports, such as here by the Wall Street Journal, saying the President will take broad action by September to address the crisis without waiting any longer for Congress to act.

While some in Congress hope the President will take executive action to fix the border, we and others have been urging the President to use his authority to make further reforms to U.S.-Cuba policy.

But, as the 44 signers of the letter supporting executive action on travel, negotiating with Cuba, and other issues, reminded President Obama in May, “Timing matters and this window of opportunity may not remain open indefinitely.”

What could close the window?  U.S. politics, as bad as it is, is likely to get worse.  There are just ninety-five days until the midterm elections take place; 156 days until the new Congress is seated.

What happens if today’s gridlocked Congress gives way to a 114th Session of Congress dominated by one party, as even non-partisan pundits predict today, and it takes on President Obama aggressively as he ends his term and the parties nominate candidates to replace him?  Does the window close and, if so, what happens to the hope for executive action then?

What happens if Charlie Crist, candidate for Governor in Florida, who has come out as anti-embargo and considered traveling to Cuba, is defeated in November by incumbent Governor Rick Scott in what is then interpreted as a referendum on Cuba policy reform?  What happens then?

What happens as policy changes that take long lead times – for example, solving the problem of a hemispheric boycott of the Summit of the Americas by inviting Cuba to participate – are eclipsed due to the passage of time?  What happens then?

What happens if Alan Gross’s physical health and mental state are as precarious as his legal team indicates?  If his condition deteriorates further, what happens then?

What happens if there is an abrupt change in the political structure in Cuba given the advanced ages of its senior leadership?  How could the window stay open then?

The President’s authority to take significant actions that reform Cuba policy, that free Alan Gross, whose imprisonment remains the chief obstacle to warming relations, and that speed the U.S. toward normalization, is greater than most people realize.  Once the Supreme Court acts, perhaps later this year, on a case with implications for the foreign policy powers of the presidency, the extent of his authority to make really big changes in U.S. – Cuba relations could grow larger still.

However, it is not the President’s power but his willingness to use it, given the political space he has and the time constraints that face him, which is pivotal now.  What also matters deeply – and we’re told, may matter more than many of us know – is whether the government in Havana understands just how close we are to the window of opportunity slamming shut.

President Obama’s actions in his first term to expand travel for Cuban families and people-to-people exchanges – described as modest here and disregarded as domestic politics by some in Cuba – continue to provide big benefits.  But, he can and should do a lot more.

To get there, it is President Obama and not Congress who must drive policy.  But, he should start revving the engine now before it is too late.

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