For some of lesser crimes.

It is noteworthy that the U.S. government’s so-called war on terrorism is preventing Posada from being brought to justice for bombing a civilian airliner in 1976 killing 73 people. (Posada planted an explosive-laden suitcase on the plane during a stopover in Venezuela.) The State Department says that Posada would be at risk for torture if he was extradited to charges there.

That’s a legitimate concern. The Venezuelan criminal justice system does not have a sterling record. But if the U.S. Justice Department wanted to insure that Posada was not mistreated it could easily reach a binding agreement with the Venezuelan government,civil society groups (which seek opportunities to hold the Chavez government accountable) and then extradite him. That would send a message to Latin America that the Washington was serious about the rule of law.

The problem isn’t torture, the problem is the CIA. The Agency cannot afford have Posada testify in open court about his relations with Agency operatives at the time of the bombing. That relationship, according to the CIA’s own records, was close and comfortable. Posada on trial might well implicate CIA officials–some of whom are still living– in his activities. I’ll be writing about Posada’s friends in Langley as the current trial unfolds.

Here’s my friend  Jose Pertierra, Washington lawyer who represents the Venezuelan government in this case, talking about Posada. The impunity Posada has enjoyed is extraordinary.

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