Shaking Down American Travelers. Via boing boing, this link to an article by an attorney discussing reports that Ry Cooder is being fined $25,000US for travelling to Cuba to make the Buena Vista Social Club film. It is illegal for U.S. citizens to travel to Cuba — actually, it seems the crime is spending money there without the permission of the Treasury Dept. No one has yet been brought to court to enforce this blatantly unconstitutional (in my legally untutored opinion) law, but 379 Cuba travellers have voluntarily “settled” with the gov’t to the tune of a collective $2 million. Anyone protesting such a fine would be entitled to a due process review by an administrative judge within the Treasury Dept, but it has none. Indeed, a backlog of protests is waiting to be heard. Despite the fact that House has voted to stop funding enforcement and the Senate is likely to follow suit this fall, the Shrub administration is having the Treasury step up enforcement of the travel ban by sending agents to foreign airports where U.S. citizens are likely to transfer to Cuba-bound flights. I share speculation that this is “some kind of pliitical payoff to the Cuban American National Foundation”; B— is increasingly making moves on a number of fronts to increase his Hispanic voting bloc in anticipation of 2004. The author advises Ry to fight this:

“Unconstitutional regulations and laws are illegal and void and should immediately be terminated or repealed. If questionably constitutional, they should be taken to court for determination as soon as possible. They should not be kept on the books for years in order to harass selectively, or to frighten and bilk the unwary when our government (but not the traveler) knows there will be no prosecution. Last January our President took an oath to uphold our Constitution. He has plenty of good legal advice. If he truly represents us, Cuba travelers like Ry Cooder should be able to rely on his good faith in this respect.

” Common Dreams