04/30/04

Justice Sandra Day O'Connor
Supreme Court of the United States
One First Street NE
Washington, District of Columbia 20543

Re: Current Writ of Habeas Corpus cases.

Dear Justice O’Connor:

I was extremely thankful for the exceptional 2001 minority dissent, which you wrote, in Atwater v. Lago Vista. It may be doubtful that you would read correspondence coming directly from a citizen. However, I am compelled to write to you regarding Writ of Habeas Corpus and the limits of judicial jurisdiction that are currently before you. In 1960 my family and I were forced to leave Cuba due to oppression. I truly grasp the importance of these five cases.

There is little I could add to the extensive, thorough and erudite briefs and oral arguments. Yet, the following is a paragraph-excerpt from a published, disparaging film review I wrote about Showtime's 2002 presentation of a four hour epic-miniseries entitled FIDEL:

"Fidel's favorite philosopher, Heraclitus, wrote: "One can never step twice into the same stream." Nevertheless, those who do not faithfully study history will often repeat its mistakes. Fidel, the film, barely skims over most of the revolution's important historical lessons that are as valid for us today as ever before. A fair judicial process, Writ of Habeas Corpus and constitutional rights of individuals do not predate 'trial by jury' or the Magna Carta, yet they are no less revered. These time-honored concepts are at the heart of societal stability in western civilization. They are what separate human beings and their governments from the law of the jungle and the gun. Against all his original promises and pronouncements, in the interest of society's "greater-good" and, to protect Cuba's internal and external "national security'', etc., Castro abolished these essential judicial institutions. Cuba's venerated Constitution of 1940 has been suspended throughout Castro's reign. The ends do not justify the means and, as in Cuba's case, the means often become the tragic ends."

Applicability in the current context may be debatable. I hope, nevertheless, you might find some slight interest. The full film-review can be found at: http://www.pearlfilms.com/'FIDEL'1.htm .