11208 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 May 3, 2007 Officially, Carriles left the CIA in the The moral compass of the Bush ad- Mr. CLYBURN. Mr. Speaker, I rise middle of 1976. That is the year that ministration is just spinning round and today to speak to the issue of the Iraqi Luis Carriles was convicted in Ven- round over the treatment of Posada supplemental that we are currently ezuela of masterminding the downing Carriles. Next week it is going to stop about to redo. of the Cuban airplane. on a new direction: H, for hypocrisy. As you know, Mr. Speaker, the Presi- The administration won’t reveal [From the LA Times, Apr. 20, 2007] dent in his regional message indicated what role Carriles played as a CIA A TERRORIST WALKS: LUIS POSADA CARRILES that the bill ‘‘is loaded with billions of agent or what his assignments were. HAS BOASTED OF BOMBING HOTELS, dollars in nonemergency spending that His shadowy connections to the United YET AMERICAN JUSTICE LETS HIM GO FREE has nothing to do with fighting the war States Government almost certainly With a misguided decision upholding bail on terror.’’ He went on to say that Con- continued after he and the agency part- for Cuban-born terrorist Luis Posada gress should debate these spending ed ways. The media has reported that Carriles, the U.S. 5th Circuit Court of Ap- measures on their own merits and not Carriles helped funnel U.S. supplies to peals in New Orleans has done more than as a part of an emergency funding bill free a frail old man facing unremarkable im- the Contra rebels attempting to over- for our troops. throw the Sandinista government in migration charges. It has exposed Wash- ington to legitimate charges of hypocrisy in Mr. Speaker, for 19 months now, we Nicaragua in the 1980s. the war on terror. have been trying to get this adminis- Carriles himself has personally boast- By allowing Posada to go free before his tration to pay attention to the people ed of a role in the deadly bombings of May 11 trial, the court has released a known on the gulf coast. We have for weeks hotels in Havana, , in the 1990s. flight risk who previously escaped from a and months been trying to get the And Carriles was also convicted in Pan- Venezuelan prison, a man who has boasted of President to support our efforts to ama in the year 2000 for a plot to assas- helping set off deadly bombs in Havana ho- make sure that many of the families tels 10 years ago and the alleged mastermind sinate . He was sentenced and friends of our troops, who have to prison, but he was later pardoned of a 1976 bombing of a Cuban airplane that killed 73 people. Posada’s employees con- been affected in Louisiana, Mississippi, and set free. fessed to the attack, and declassified FBI and even in Florida and by this You would think that capturing a and CIA documents have shown that he at- catastrophic event perpetrated by Hur- man like this would have the adminis- tended planning sessions. ricanes Katrina, Rita, and Wilma, get tration calling a news conference to de- In other words, Posada is the Zacarias help. Today, we have not been able to clare their success in the war on terror Moussaoui of Havana and . get the President to support our efforts Moussaoui is serving a life sentence without with a long-sought terrorist in cus- as we have tried to address these emer- tody. Not so. Instead, the administra- parole in a federal prison in Colorado for conspiracy in the 9/11 attacks; Posada is free gencies. tion is busy trying to get a court to bar And so, Mr. Speaker, since we are him from testifying about what he did to live in . Posada, a 79-year-old Bay of Pigs veteran doing an emergency spending bill, we for the CIA. Carriles’ lawyers have said who served time in for plotting to thought it very appropriate for us to do his client will talk about that, and the kill Fidel Castro, has never been charged both international and domestic emer- assignments during and after his offi- with crimes of in U.S. courts. In- gencies all in one piece of legislation. cial employment. One of the CIA direc- stead, Immigrations and Customs Enforce- Consequently, we have moved in this tors during the time of Carriles’ con- ment nabbed him for lying to immigration legislation to address issues such as nection to the agency was former authorities after he sneaked in the country the East and West Bank Levee Protec- President George H. W. Bush, the in March 2005 and held a news conference an- tion and Coastal Restoration System President’s father. nouncing his triumphant return. Both Cus- The American people have a right to toms and the Justice Department lobbied to in New Orleans and the surrounding keep Posada behind bars, but U.S. law en- parishes by inserting into this legisla- know what really happened in the 1970s forcement has never shown a strong interest and what role, if any, the United tion $1.3 billion. We have added another in trying him for more serious crimes. In $30 million for K–12 education recruit- States played in the deadly games of turn, Posada’s lawyer has preemptively Carriles. Was he a rogue agent or was warned that if charged, his client would like- ment assistance, another $30 million he acting on CIA orders? ly reveal extensive collaboration with the for higher education assistance. The Cuban Government wants him, CIA. I plan to be in Baton Rouge next but we are not talking to Havana as The keeps 385 suspected ter- week to address Southern University’s long as Castro is alive and in power. rorists imprisoned in Guantanamo Bay, commencement exercises. I would hope , which has an 80-year-old many in isolation and all without U.S. that, as I go there, I can carry them norms of due process. Yet Posada, a con- extradiction treaty with the United more than mere promises to get them fessed terrorist, is sent home with an ankle to feeling, once again, that we in this States, has repeatedly asked for bracelet. Carriles. But the President isn’t talk- The United States has not been able to per- body are paying attention to and re- ing to Venezuela, either, so those re- suade any of seven allied nations to accept sponding to the problems that they are quests have been denied. Posada. A federal judge has ruled that he suffering, many of them having lost a The U.S. Customs and Immigration can’t be extradited to Cuba or Venezuela be- full year out of their educational pur- Service says Carriles poses a signifi- cause he might be tortured. The best solu- suits. cant danger to our Nation, but the U.S. tion would have been for the court to refuse I would hope that those children in K bail until trial while the State Department Justice Department just hasn’t acted. through 12 can begin to feel that here keeps searching for a third-party country in this Congress, with this emergency In a recent editorial that I submit for that would agree to try him on terrorism printing in the RECORD, the Los Ange- charges. supplemental, that we are going to re- les Times described Luis Posada Instead, Castro receives a propaganda vic- spond to them as well. Carriles as ‘‘the Zacarias Moussaoui of tory gift, the White House has its moral au- And then there is the Community Havana and Caracas.’’ The Times thority undermined and the victims of Disaster Loan Forgiveness Program. points out that Moussaoui is serving a Carriles’ alleged crimes see justice delayed We have put language in this bill to ad- life sentence without parole for his role once more. dress that issue, $4.3 billion for FEMA The U.S. government has done many odd in the 9/11 attacks, but Carriles was re- things in 46 years of a largely failed Cuba disaster recovery grants. These State leased on bail and is living at home in policy, but letting a notorious terrorist walk and local grants will be waived, mean- Miami, with his family, awaiting trial stands among the most perverse yet. ing that the Federal Government will next week. The U.S. is holding a person f be able to finance 100 percent of the convicted of major terrorist acts in grants. other countries, but he is going to be WAR SUPPLEMENTAL BILL We have been trying for a long time prosecuted for an immigration infrac- The SPEAKER pro tempore. Under a now to get this administration to treat tion. That is like bringing Osama bin previous order of the House, the gen- the victims of Katrina, Rita and Wilma Laden in and trying him for a traffic tleman from South Carolina (Mr. CLY- in the same way we treated disasters ticket. BURN) is recognized for 5 minutes. after 9/11 in New York, the same way

VerDate Nov 24 2008 10:01 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00055 Fmt 0688 Sfmt 0634 E:\BR07\H03MY7.001 H03MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD May 3, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 11209 we treated the earthquakes in Cali- port of myself as a former chairman of its citizens. Constitutional protections fornia, the same way we treated the our caucus, Mrs. SUE MYRICK of North for the free exercise of religion are at Hurricane Andrew down in Florida Carolina, a former chairman of our the very core of the American experi- some years ago and Hurricane Anika conference, and JOHN SHADEGG of Ari- ment in democracy. out in Hawaii. In each one of those in- zona, we urged the President of the But what does that have to do with stances, we waived matching require- United States to issue a veto threat of the hate crimes bill? Well, there is a ments. In this instance, we have not. this hate crimes legislation, which he real possibility that this bill, as writ- And so we want, in this administra- did so earlier today by way of a state- ten, religious leaders or members of re- tion, to waive those requirements of ment of administration policy. ligious groups could be prosecuted the Stafford Act, the matching require- So let me speak to our concerns criminally, based on their speech and ments, so that we can begin to address about this bill before I move on to the protected activities under conspiracy these emergencies. topic of the Iraq supplemental. Thomas law or section 2 of title XVIII, which There are other emergencies that we Jefferson said, famously, ‘‘Believing holds criminally liable anyone who plan to address here, and that is the with you that religion is a matter aids, abets, counsels, commands or in- Children’s Health Insurance Program. which lies solely between man and his duces or procures its commission, or We think, with 14 States out of money, God, that he owes account to none one who willfully causes an act to be another 3 States expected to be out of other for his faith or his worship, that done by another. money by September 1, it is an emer- the legislative power of government In the debate in the Judiciary Com- gency for the children in those 17 reach actions only, and not opinions,’’ mittee, much was made of the fact that States, and I would hope that when we Jefferson went on to say, ‘‘I con- there was an amendment adopted by put the final bill together to send back template with sovereign reverence that my friend and colleague, Mr. DAVIS of to the President, we will address these the act of the whole American people Alabama. But that amendment did not emergencies that we have with our peo- which declared that their legislature go far enough in making it clear that ple here at home. shall make no law respecting an estab- this bill would not limit religious free- dom. The sponsor of the amendment f lishment of religion or prohibiting the free exercise thereof, thus building a even admitted in open markup testi- b 1615 wall of separation between church and mony before the committee, that a pas- tor could, theoretically, still be tar- REPUBLICAN STUDY GROUP state.’’ Again, Thomas Jefferson, framing, as geted under the bill for incitement of The SPEAKER pro tempore (Mr. perhaps only he in American history violence for simply preaching his reli- COHEN). Under the Speaker’s an- could, the issue that grounded conserv- gious beliefs having to do with moral nounced policy of January 18, 2007, the ative concern in the hate crimes legis- issues related to life or family or sex- gentleman from Indiana (Mr. PENCE) is lation today, that legislative powers of ual preference. For example, if a pastor included a recognized for 60 minutes as the des- government should reach actions only statement in a sermon that sexual re- ignee of the minority leader. and not opinions, and then reflected on lations outside of marriage are morally Mr. PENCE. Mr. Speaker, I thank the that as the core central logic behind wrong, and even quoted the Bible to Minority Leader for affording not only the first amendment protections of the make that point, and then a member of myself, but other members of the Re- freedom of religion. perverse intention in that congregation publican Study Committee, the House In the case of the Local Law Enforce- caused bodily injury to a person having conservative caucus on the Republican ment Hate Crimes Prevention Act, we such relations, that sermon could be side of the aisle, the opportunity to did not meet that standard today, Mr. take advantage of these opportunities used as evidence against that pastor. Speaker. I believe this legislation was Now, the real world effect of this, in on the House floor periodically in the bad public policy, and unnecessary, and addition to the possibility of prosecu- form of a Special Order. many House conservatives in the Re- tion, is the much greater and geo- While I come to the floor today with publican Study Committee agreed. metric possibility of a chilling effect. the objective, Mr. Speaker, of address- Violent attacks on people or property Putting a chill on pastors’ words or re- ing this week’s momentous events con- are already illegal, regardless of the ligious broadcasters’ programming or cerning the President’s second veto in motive behind them. And there is no an evangelical leader’s message, or the history of this administration and evidence presented on the floor today even the leader of a small group Bible the war supplemental bill, I wanted to or before the Judiciary Committee, on study is quite simply a blatant attack also speak about an issue that House which I serve, that underlying violent on the constitutionally guaranteed conservatives have been heard on and crimes at issue are not already being right to freedom of religion. have been active on in the course of fully and aggressively prosecuted in Now, last week, when the Judiciary this week, and it has to do with today’s the States. Therefore, hate crimes laws Committee took up the bill, I offered passage, by a vote of 237–180, of H.R. truly serve no practical purpose and in- an amendment in good faith to make it 1592, the Local Law Enforcement Hate stead serve to penalize people for clear, crystal clear, that this bill would Crimes Prevention Act. This legisla- thoughts, for belief, for opinions. not affect the constitutional right to tion passed the House today, but not Now, let’s grant the point. Some freedom of religion. The Pence amend- without the strenuous opposition of thoughts, beliefs and opinions, like rac- ment stated plainly, ‘‘Nothing in this both the Republican Study Committee, ism or sexism are abhorrent, and I dis- section limits the religious freedom of and virtually all of its members who dain them and condemn them. How- any person or group under the Con- represented a lion’s share of the 180 ever, hate crimes bills, as the one we stitution.’’ Unfortunately, the Pence Members who opposed this legislation. passed today, are broad enough also to amendment was defeated and rejected And to lead is to be misunderstood. include legitimate beliefs, and pro- by the majority of the Judiciary Com- And it is very likely, Mr. Speaker, that tecting the rights of freedom and mittee. both yourself and maybe others that speech and religion must be paramount Yesterday, I took another bite at the might be looking in would question in cases like the bill we consider today. apple. I submitted the Pence religious why anyone would oppose hate crimes The first amendment to the Constitu- freedom amendment to the Rules Com- legislation. And I thought I might, be- tion provides that Congress shall make mittee for consideration. But, again, fore I move on to the attendant topic no law respecting the establishment of that committee chose to adopt a closed of the day, address the concerns that religion or prohibiting the free exercise rule, effectively blocking my amend- House conservatives had with this leg- thereof. ment and many other good amend- islation and why, last night, with the Now, America was founded on the no- ments offered for consideration. leadership of our caucus chairman, JEB tion that the government should not Now, I would say very emphatically, HENSARLING of Texas, and with the sup- interfere with the religious practices of we must guard against the potential

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