Judge slashes fine against U.S. traveler to Cuba

[Judi Lynn]

Posted on Fri, Jan. 14, 2005

Judge slashes fine against U.S. traveler to Cuba

BY RAFAEL LORENTE
South Florida Sun-Sentinel


WASHINGTON - (KRT) - In the first legal decision issued as part of the Bush administration's crackdown on travelers to Cuba, Administrative Law Judge Robert Barton this week reduced the proposed penalty on a Minnesota man by almost 90 percent, from $6,770 to $780.

Craig Ostrem of Edina Minn., went to Cuba on a scuba diving trip in January and February of 1999. He booked his trip through Canada and returned with two bottles of rum, candy and artwork valued at $30.

In his decision, Barton said the government's requested penalty of $7,350 was not warranted because there were a number of mitigating factors in the case. For example, Ostrem cooperated with authorities and was a first-time offender, Barton said.

Barton said "the lack of any aggravating factors and the presence of several mitigating factors has led me to impose a lesser penalty here."

But Barton, an administrative law judge with the Department of Justice, emphasized in his decision that higher penalties, as high as the $65,000 maximum allowed by law, could be justified in some cases.
(snip/...)

http://www.kansascity.com/mld/kansascity/news/politics/10648975.htm
(Free registration is required)

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Is Judge Barton SOFT ON CUBA TRAVEL?




We need an end to the ban on American citizens' travel to Cuba.

[Canadian Socialist]

1. I thought

all Cuban produce e.g cigars were illegal in the U.S. If so, why does the Governer of California (allegedly) smoke them. They are not illegal here... you can get Cuban stuff anywhere, plus it't a great Canadian destination place in the winter. Just asking. As a side note, the bus shelter I got to has a great CUBA poster on it. Heee.

[VirginiaDem]

4. I bet the law is more arcane

than to outlaw the existence of the cigar. Technically, it is NOT illegal to go to Cuba, as most think, rather it is illegal to spend any money there. For all practical purposes, it's the same thing, though. If you enter the U.S. through Canada with Cuban-bought goods than it is legally assumed that you spent money in Cuba. It is probably not technically illegal to smoke the cigars but rather illegal to buy or sell them. If the feds really wanted to, they could probably knock some doors in and look for receipts but it's not worth it.

[Mika]

6. Congress passed an exemption for themselves - they can bring back cigars

Don't know if Arnold smoke the real deal.

[Virginian]

23. Congress has a bad habit of doing that.

Exempting themselves from the laws they pass.

[ausiedownunderground]

2. You American's "just don't understand" Cuba & Venezuela?

Why don't you Americans start liking "The Rest of the World"?? We fully support Cuba and Venezuela and Ukraine and Georgia and even Belarus and Burma if it means "Pissing you Yanks off"! You still haven't realized how "Angry" "The Rest of the World" is with "Jesusland"!!!!!!

[saigon68]

5. I realize it

It is Properly known as "JAYZEUSLAND"

LOL

[President Kerry]

11. nah, i think we got it

what maybe you don't get, is there's that SAME sentiment right here, throughout the US

[Judi Lynn]

14. You're damned right.A small group of right-wing idiots have controlled

US-Cuban relations for ages. The country has been trying to pull away from them on this issue for quite a while, yet it's going to take a concerted effort to get the job done.

The ban isn't only bad policy, it's a policy with shockingly little support. Even the Republican-controlled House of Representatives recently voted against the ban by a comfortable 240-186. A poll this spring by the Cuba Policy Foundation, an anti-embargo group, found that 66 percent of the public believes Americans should be allowed to travel to Cuba.

EXILE CLOUT

That's consistent with an even more-revealing poll conducted by FIU in 2000. The poll found 63 percent of Americans nationally and 75 percent of Americans of other than Cuban descent in Miami-Dade favor unrestricted travel. The real surprise? A majority of Cuban Americans in Miami-Dade (52.8 percent) also favor unrestricted travel.

So, on whose behalf is the travel ban so zealously enforced? Not U.S.-born Cuban Americans -- the majority of second-generation Cubans favor free travel. Not Cubans who arrived during the 1980 Mariel boatlift or in the 1990s. Recent arrivals have close relatives in Cuba, and the majority of them favor unrestricted travel.

It turns out the only group among which there is majority support for the travel ban is Cubans who arrived in the United States before 1975. This minority-within-a-minority of older exiles have few close relatives in Cuba but much political clout here.

http://www.ibike.org/cuba/ofac/010807-mh.htm

Delighted to read your comments.

[0007]

3. Brings to mind the days of the "Scarlet Letter"

a Hawthorne classic. Cuba is a country of sin, ya' know?

[Mika]

7. first-time offender? WTF!!!!!!!

Ostrem cooperated with authorities and was a first-time offender

For exercising a constitutional right? What utter bullshit.

We, the citizens of the United States, are being denied our constitutional rights. It is the congress and the bushco Nazis who are the offenders, and multiple offenders at that!

We need to take our country back from the fascists & Nazis!

[FreakinDJ]

8. Bush can not end the Ban on Cuba

Who else can the Bush/CIA cabal blame for Kennedy's assisination

[hector459]

9. Are we really free if we can't travel to where we want to go?

I can understand this if was the old USSR. Would the founding fathers have ever agreed to anything like this ban on travel to Cuba when Cuba has never attacked us and the only crime they are guilty of is thwarting an invasion of their country backed by the US?

[IndianaGreen]

10. America is not a free country

and hasn't been for a long time. Free people are not barred by their governments from traveling abroad.

Cuba is NOT our enemy!

[arwalden]

12. This Policy Is Showing Its Age. It's Outdated And Regressive...

... it's NOT having the desired effect.

[Mika]

13. arwalden, it is having the desired effect. Campaign money.

tons of money pours into the campaign coffers on both sides of the issue (which is, in itself, a mixed bag of D's and R's).

The pro normalzation and trade pols, some are Dems and some are repugs, get campaign bucks for legislation.

The anti normalization and anti travel pols, some are Dems and some are repugs, get campaign bucks for legislation,

Does anyone really think that either side wants to lose a campaign cash cow?

This is why this standoff continues in a bipartisan way.

This is an example of how we don't really have any real representation in Washington, because a majority of Americans feel that this policy is outdated and useless.

Majority of American Likely Voters Favors Ending Cuban Embargo, Foreign Policy Association/Zogby Poll Reveals

[Judi Lynn]

15. Mika, thanks for the Zogby poll link.

All the polls you see indicate Americans want to put this absurdity behind us.

We need to streamline our foreign policy, clean it up, and stop letting our lunatic fringe control our national image.

[Mika]

22. Judi Lynn, its not the lunatic fringe

:hi:

As I’ve mentioned, the "Cuba issue" is used by both sides for campaign funds for their elections.

This type of egregious corruption has become mainstream in US politics. (We REALLY need serious campaign funding reform.)


The self proclaimed anti Castro politicians really needs Castro to continue their fundraising activities on that platform.

The self proclaimed pro trade and pro travel politicians really need the sanctions on Cuba trade and ban on US travel in order to reap campaign contributions from big AG and travel.



Do you really think that said politicians want these campaign revenue streams to stop?

The continued standoff benefits politicians (politically) on both sides. One hand washes the other.

[w4rma]

17. The best way to kill a cash cow is to build a bigger, better cash cow

that supports an opinion opposite the original cash cow.

[arwalden]

19. I Believe You're Correct... The Actual Effect Is Desirable (To Them) But

it's not having the "advertised" effect for which our lawmakers publicly claim that this policy is intended.

It's pretty disgusting when you think about it.

Great link! Thanks!

[w4rma]

16. The judge must not have been one of Bush's appointees. (nt)

[Judi Lynn]

18. One o' them there activist judges! His days may be numbered.

He may want to stay away from windows and small aircraft.

[Grace]

20. well castro will kick the bucket....

Might as well pave the way for it. I hope for a peaceful transfer of power once the personality cult dies.

[Mika]

21. The cult is the obsessive anti Castro miamicubans and the US gov

FYI, Cuba has a complete and elected government. Castro is but one member.



http://www.poptel.org.uk/cuba-solidarity/democracy.htm

This system in Cuba is based upon universal adult suffrage for all those aged 16 and over. Nobody is excluded from voting, except convicted criminals or those who have left the country. Voter turnouts have usually been in the region of 95% of those eligible .

There are direct elections to municipal, provincial and national assemblies, the latter represent Cuba's parliament.

Electoral candidates are not chosen by small committees of political parties. No political party, including the Communist Party, is permitted to nominate or campaign for any given candidates.

-

You can read a short version of the Cuban system here,
http://members.allstream.net/~dchris/CubaFAQDemocracy.html

Or a long and detailed version here,
http://www.amazon.com/exec/obidos/tg/detail/-/0968508405/qid=1053879619/sr=1-2/ref=sr_1_2/102-8821757-1670550?v=glance&s=books

[cire4]

24. There's no way there will be a peaceful transfer of power

As far as I know it, there is no procedure in Cuba that deals with the "what if Castro dies" scenario. That pretty much paves the way for a terrible power struggle, which will undoubtedly cause the US to involve itself. And they will likely screw things up even further by supporting a right-wing leader/group that the majority of the Cuban population doesn't want.

A civil war is a very likely scenario, which will absolutely decimate the country. European and Canadian tourists will stay away (there goes the money) and Cuban people will suffer even more than they did under Castro. Refugees will be pouring into Miami.

Maybe I'm just being pessimistic, but there are two results of post-Castro Cuba

1.) An unstable, war-torn country (ala Iraq).

2.) Another US corporation-controlled, fake Carribean resort island with sterile high rise hotels, McDonald's on every corner, and petty crime.

[Grace]

25. I see some reparations....

Assuming choice #2 occurs (how would that be bad?),

There were people (landowners) who were screwed over when Castro nationalized everything. Many of them are still alive (or their direct descendants) and well in Florida. Will these Cubans who fled get their old land back once Castro tumbles?

I figure it will be one nice big mess no matter what party in the US is in control.

[Mika]

27. Cuba settled with all parties that lost property -except American & exiles

The reason for that lack of settlements is the US -not Cuba.

It is the US gov that prevents any settlements from being made with Cuba by using the 'Trading with the Enemy Act'. Cuba has settled with all claimants, private and business, from everywhere else.

[Mika]

28. LOL. Its called elections.

"As far as I know it, there is no procedure in Cuba that deals with the "what if Castro dies" scenario."


Then, you should do a little research on the subject. Just because you aren't aware of Cuba's domestic politics doesn't mean that there isn't a plan, post Fidel.

Cuba has a FULLY functional democracy. Fidel Castro is not THE Cuban government. He is their Head of State. See post #21 in this thread and read the links.

[Judi Lynn]

26. China strengthens aviation cooperation with Cuba, Portugal

China strengthens aviation cooperation with Cuba, Portugal

www.chinaview.cn 2005-01-13 22:46:12


BEIJING, Jan. 13 (Xinhuanet) -- Chinese and Cuban aviation department held talks here Thursday in a bid to further promote bilateral aviation communications as well as strengthen cooperation in technology, investment and p ersonnel training.

China has already started preparatory work on forming aviation links with Cuba, said Yang Yuanyuan, director of the General Administration of Civil Aviation of China (CAAC).

China and Cuba signed aviation agreement last year. Airlines from both countries planned to open routes via a third destination. Air China and China Eastern Airlines already signed aviation agreements with Cuban Airlines. And China Southern Airlines will follow suit next month.

China also signed a code-sharing memorandum of understanding with Portugal Wednesday. Even though aviation enterprises not run direct flights yet, they still can carry out cooperation by means of code-sharing, aviation officials said.
(snip/)

http://news.xinhuanet.com/english/2005-01/13/content_2457038.htm