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- From: cuban@athena.mit.edu (Federico A Garcia)
- Subject: Re: Pardon Fischer?
- In-Reply-To: dcrosgr@uoft02.utoledo.edu's message of 29 Dec 92 15:09:29 GMT
- Message-ID: <CUBAN.92Dec30154736@m4-035-12.mit.edu>
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- Organization: Massachusetts Institute of Technology
- References: <1992Dec22.011249.594@uoft02.utoledo.edu> <4483@cvbnetPrime.COM>
- <1992Dec23.122411.620@uoft02.utoledo.edu> <C00C13.FqF@world.std.com>
- <1992Dec29.100929.710@uoft02.utoledo.edu>
- Date: Wed, 30 Dec 1992 20:47:41 GMT
- Lines: 47
-
-
- I don't really want to get into this flame war (though, for the
- record, I think Fischer should be prosecuted and jailed if he ever
- returns to the U.S.), but I can't help pointing one thing out in the
- middle of this constitutional debate. I assumed Fischer used a U.S.
- passport issued by the State Department when he travelled. If he did,
- then he agreed to abide by the regulations imposed by the State
- Department on U.S. passports. How many of the participants in this
- debate actually have a U.S. passport? I do. If you have one, read it
- carefully. It clearly states that it is a crime to conduct business
- or make purchases in various countries (my passport, issued in 1989,
- specifically mentions Cuba, Libya and North Korea), that similar rules
- may apply to other countries, and that you should check with the State
- Department about this before travelling abroad.
-
- Now, Fischer received a letter from the Commerce Department
- specifically telling him that his actions were considered business
- (and don't bring up the comparisons to corporations, remember,
- corporations are essentially considered the same as individuals for
- purposes of commerce, and this is a centuries old legal tradition, not
- the whims of President Bush). Also, I have not heard anyone suggest
- yet that there is anything illegal about a presidential decree. It
- has been used thousands of times by all of our 40 presidents for 200
- years, and are not the whims of just any one person, but of the duly
- elected representative of the people exercising a power which, whether
- you like it or not, he legally has (I also happen to believe that it
- was the proper decision and one which was carefully thought out, but
- this is a matter of opinion and there's no point in debating this to
- death). Thus, Fischer did break a law and deserves the just
- punishment if he ever returns to a place where the U.S. has
- jurisdiction to arrest him or extradite him.
-
- Just out of curiosity, how many of those who are calling for Fischer
- to be pardoned think Bush did the right thing in pardoning the
- Iran-Contra defenders last week? After all, you can argue that they
- broke a law which was the political whim (remember, the Boland
- amendment only passed and was signed by Reagan since it was one of
- those clauses added to, of all things, a budget bill, which would
- paralyze the government if the President vetoed it) of one left-wing
- Congressman trying to interfere with Reagan's foreign policy, that
- they were acting out of love of country, and that the transactions all
- actually occured in a foreign country. Personally, I think that they
- deserved whatever punishment was appropriate for breaking the law, and
- so does Fischer.
-
- -Fred Garcia
- M.I.T.
-