There seems to be some indication that the case of Luis Posada Carriles is not yet over.
Watching the evening Spanish news today, America TeVe's Noticias 41 is reporting that US Attorney General Alberto Gonzalez is "in disagreement" with the latest immigration decision from Judge Cardone in El Paso, Texas. The Noticias 41 website [retrieved May10, 2007] says "La administracion Bush nada contenta con libertad de Posadas Carriles" (The Bush Administration Not at All Happy with release of Posada Carriles). If Gonzalez is actually serious about this (not likely) it may give legitimacy to the serious investigation in progress by the FBI.
Anita Snow, from the Associated Press, also reports today about the federal grand jury in Newark whose "lawyers say there's a good chance that Posada will be tried in New Jersey." Oddly, Snow only quotes ONE lawyer, Gilberto M. Garcia, saying that "[t]he (U.S.) government is working very hard on this [case... and are under tremendous pressure] to get him on something." Garcia is the lawyer of five Cuban-Americans that have been called to testify for the New Jersey investigation, but all of whom claim to be innocent of any wrong-doing.
Snow also quotes Phil Peters, Vice President and "Cuba expert" of the Lexington Institute, from his blog saying "[f]ollow the Newark grand jury... The immigration charges were always a sideshow." Snow precedes this quote with an optimistic opinion that "New Jersey has the most potential to put Posada behind bars." But, Peters' New Jersey quote comes from one of four possible scenarios:
1) Posada Carriles might be deported;
2) he might be indicted in New Jersey;
3) might be extradited to Venezuela [very unlikely];
4) or, be detained under the Patriot Act.
Peters does not mention which one scenario has more potential over the other.
Finally, Anita Snow also mentions the 2005, 10-page, FBI affidavit [PDF] presented by special agent Thomas H. Rice, a 13-year counter-terrorism investigator. Its a collection of evidence that Phil Peters describes as "quite a bit" for a possible indictment. I will comment on this affidavit later, but Snow really offers little to hope for aside from the report by agent Rice.
In the blogoshpere, Leftside has excellent queries about Judge Cardone's decision.
The case of Luis Posada Carriles seems to have some potential for real justice, but only time will tell.