. . .
But as the hearing wound down, the judge dropped a bombshell in the courtroom. He informed both the attorneys for Posada and for the U.S. Government that he would issue a pretrial order in late July or early August requiring counsel to brief the court as to whether or not Posada’s actions in support of the Bay of Pigs invasion could be construed as terrorist actions under U.S. statutes governing detention and deportability of aliens. Abbot then pointedly noted that he looked especially forward to the government’s brief on that matter.
The court was silent. An immigration judge had just ordered a brief as to whether or not an action 43 years ago supported and funded by the U.S. government in accordance with policy taken at the highest levels, including presidential decisions, could be construed as a terrorist act under current U.S. law.
As Javier Montaño, Posada’s second-chair counsel, translated the judge’s statement to Posada, a hint of a smile came over the old man’s face. No doubt the irony was not lost on Posada, and one wonders if he will take the stand and testify at his August 29th hearing on his asylum application.
. . .
If Posada does testify, the definition of terrorism will not be the main legal issue, but it will certainly be the most salient issue in the courtroom. And we wait with anticipation to see how Judge Abbott rules with respect to whether or not Posada’s participation in the Bay of Pigs action qualifies as a terrorist act under present U.S. law.
http://narcosphere.narconews.com/story/2005/7/25/23545/7557