Last week, Clinton invalidated a provision of the Treasury and General
Appropriations Act of 1999 that would have allowed the relatives to pursue
the assets and collect on a $187.6 million judgment they won against
Castro's government and air force.
After four Brothers members died in the 1996 shootdown, Congress passed
a law allowing the victims of terrorism to file suits against nations
alleged to have sponsored acts of violence that caused injury or death.
This year's appropriations bill was even more specific: It allowed victims
to pursue a nation's assets frozen by the United States. The frozen Cuban
assets, according to government estimates, total more than $170
million.
But Clinton voided the provision on national security grounds. Seizing
on language in the measure, Clinton invalidated it.
Attorneys for the Brothers victims' families say the president
improperly broadened the grounds for a waiver.
``This law provided for justice for victims of terrorism,'' said Miami
attorney Aaron Podhurst, one of the lawyers representing families of
Carlos Costa, Armando Alejandre and Mario de la Pena. ``Unbelievably, the
president issued an order attempting to nullify the entire law.''
The fourth victim, Pablo Morales, could not join the legal action
because he was not an American citizen.
The White House official suggested that as far as the administration is
concerned, the families already have been compensated. He pointed to $1.2
million in humanitarian aid authorized by the president in 1996.
``We deeply sympathize with the families of the shootdown victims,''
said the official, who declined to be identified by name. ``The United
States government took strong steps against Cuba and marshaled forceful
international condemnation of it.
``There is also the broader consideration that putting these families
at the head of the line potentially disadvantages thousands of certified
claimants who have waited for compensation,'' he added. ``What the court
awarded the families surpasses the value of the Cuban assets. We have
tried to present the right balance.''
Pilots' kin can't tap frozen Cuban assets
Copyright © 1998 The Miami Herald