The Puerto Rican community in the continental United States also nourishes a culturally nationalist element, so it's little surprise that other FALN clemency supporters who did not return calls for this article include former Bronx Democratic Party chairman Roberto Ramirez, and Jose Rivera, a former New York City Council member recently elected to the state Assembly. One person I did manage to speak with was Michael Deutsch of the Chicago-based People's Law Office, who represented and continues to represent the 11 freed FALN members. Deutsch told me his clients were living "public, peaceful, law-abiding lives" and would not wish to comment, though he did say, "I don't see any contradiction between what happened on Sept. 11 and their release prior to that," he explained. "In my view, it's kind of mixing apples and oranges."
In one sense, Deutsch has a point. None of those offered clemency by Clinton had ever been directly implicated in any FALN attacks resulting in injuries or deaths. And FALN was never even close to being in the same league as al-Qaida (the Fraunces Tavern attack was an anomaly for the group, because civilians were victims). As Juan Manuel Carrión, a professor of sociology at the University of Puerto Rico, explains, "In Puerto Rico, we don't really have a tradition of terrorism like in the Middle East, where you place bombs with nails to have the largest number of people hurt."
Still, the individuals Clinton released were clearly core FALN members who were guilty of serious crimes including seditious conspiracy, armed robbery, weapons violations and unlawful storage of explosives, all committed to support terrorism. So what makes them so radically different from Zacarias Moussaoui, who allegedly helped conspire to commit the Sept. 11 attacks but was not directly involved?
Deutsch counters that his clients "had renounced violence years prior to their release." But Sen. Clinton, for one, felt otherwise, announcing that the prisoners had not renounced violence quickly enough after President Clinton offered to commute their sentences. She then left her husband standing alone to defend them. Furthermore, under sentencing guidelines concerning "relevant conduct" (i.e., membership in a terrorist organization), which went into effect after the FALN members' convictions in the late 1980s, a judge could have given them life imprisonment.
The contemporary outrage over the Clinton clemencies was thoroughly bipartisan in nature. At the time, the majority of elected Democrats, from Sen. Patrick Leahy of Vermont to Sen. Daniel Patrick Moynihan of New York, bitterly opposed Clinton's decision, claiming, among other things, that it ignored the perspectives of FALN attack survivors and the families of FALN victims. Clinton's move was even challenged from within his administration by FBI and Justice Department officials. All in all, a similar granting of clemency would have prompted something on the order of impeachment today. What the FALN members did has not changed; but the seriousness of their crimes in the minds of Americans has changed immensely.
Today, perhaps Clinton's only remaining defenders on the FALN matter are that vocal minority of culturally nationalist Puerto Ricans, particularly the island's independentistas, who operate at a significant political and cultural remove from most U.S. citizens -- including Puerto Ricans. Indeed, in Puerto Rico before Sept. 11, according to the University of Puerto Rico's Carrión, "pro-American people were claiming that they felt threatened in any attempt to show the American flag. Now they are showing it in pride." The Puerto Rican left is, however, disproportionately represented in elite island circles such as academia and the media.
Puerto Rican nationalists and independentistas cite the strong resentments created by the United States' century-old territorial relationship with Puerto Rico as justification for turning the "political prisoners" loose. The logic is well limned by Angelo Falcón, a senior policy executive at the Institute for Puerto Rican Policy in New York, who argues that the FALN controversy represents "an internal problem [for the U.S.] in terms of having a colony." Representatives Velázquez, Serrano and Gutierrez all supported a similar view, at least tacitly, in their push for clemency for the FALN members. So, for that matter, did the Washington-based National Puerto Rican Coalition.
Now, of course, the equation of "terrorist" with "freedom fighter" (and "political prisoner") seems completely out of touch. Juan Duchesne, a formerly pro-independence professor of Spanish at the University of Puerto Rico who has since supported statehood (a traditionally conservative option), claims that Puerto Rican elites refuse to confront a tradition of sometimes virulent anti-Americanism. Duchesne and a group of supporters recently published a Spanish-language article in the December issue of the university's monthly newspaper, Diálogo, arguing that the island's media had presented thoroughly skewed coverage of the U.S. war in Afghanistan.
"There is a very anti-American line," he explains. "It's not just anti-American, it's very reductive in its arguments concerning terrorism. So we claimed in the article that nobody is really talking about the true threat of fundamentalists or Islamic terrorism."
Clinton does have one (at least presumptive) remaining supporter besides Puerto Rican leftists: Jimmy Carter. During his presidency Carter pardoned four Puerto Rican nationalists who in 1954 shot up the U.S. Congress, injuring five lawmakers; he also pardoned a nationalist convicted of plotting to kill President Truman in 1950. Carter approved of the Clinton FALN clemencies, as did, among others, Archbishop Desmond Tutu of South Africa. But so far they, like Clinton, have managed to avoid the harsh judgment of hindsight.