January 23, 2015
The Honorable Eric Holder
Department of Justice
Robert F. Kennedy Building
Tenth Street and Constitution Avenue, N.W.
Washington, D.C. 20530
Dear Attorney General Holder:
We are writing to express our strong concern about the Department of Justice’s role in President Obama’s recent announcement of a change in U.S. policy toward Cuba and to pose several questions related to your Department’s actions on this issue.
As Attorney General, you serve as our country’s chief law enforcement officer. You are expected to ensure the credibility of the American legal system and as well as help to protect and defend the American people.
We were thus troubled to learn that you played a role in the President’s decision to transfer three convicted foreign intelligence agents from federal custody to Cuba. As you know, in addition to their infiltration of the Cuban-American community for espionage, one of the individuals in question was convicted of conspiracy to commit murder related to the downing of civilian planes operated by the U.S. humanitarian group Brothers to the Rescue in international airspace.
We have several questions regarding their cases:
- Was there a formal assessment conducted of the consequences for the credibility of the U.S. justice system of releasing individuals that were not just convicted foreign intelligence agents, but also a convicted accessory to murder?
- Why was there no effort made by the U.S. government to provide an explanation to the families of the murdered victims about this prisoner release before it took place or in the immediate aftermath of President Obama’s announcement?
- Has the Justice Department discussed this conversation with the member of Congress in question and does the Justice Department rule out the indictment of President Castro for murder given his apparent admission of guilt for the murder of three American citizens?
We would like the following information and questions answered about these American fugitives from justice:
- Please provide a list of all fugitives from justice that the FBI considers likely to be harbored in Cuba.
- Please provide copies of the indictments of each of the individuals on this list.
- As the nation’s chief law enforcement officer, do you support the normalization of relations with Cuba without the return of fugitives from justice for prosecution who have the blood of Americans, including law enforcement officers on their hands?
- As the nation’s chief law enforcement officer, do you support the removal of Cuba from the list of State Sponsors of Terrorism if the Castro government continues to harbor “domestic terrorists” such as Joanne Chesimard?
We thus look forward to your answers to all of these questions, which we also intend to consider as part of the confirmation process of your successor.
Senator Marco Rubio
Senator David Vitter
Senator Ted Cruz