DOJ plans to indict former Cuban president Raúl Castro, sources say

The Justice Department is preparing to seek an indictment against former Cuban President Raúl Castro, three people familiar with the matter told The Associated Press on Friday, amid heightened tensions as President Donald Trump threatens possible military action against Cuba.

One of the sources said the potential charges are linked to Castro’s alleged role in the 1996 downing of four aircraft operated by the Miami-based exile group Brothers to the Rescue, when he was Cuba’s defense minister.

All three individuals spoke on condition of anonymity because they were not authorized to discuss an ongoing investigation.

The possible indictment, which would require grand jury approval, was reported earlier by CBS.

The AP reported in March that the U.S. Attorney in Miami had created a special working group of prosecutors and federal law enforcement to build cases against top Cuban officials amid calls by several south Florida Republicans to reopen its investigation into Castro’s alleged role in the 1996 shootdown. To date, the U.S. has convicted only a single person of conspiracy to commit murder in connection with the shootdown.

As Trump seeks to wind down the war in Iran, speculation has been growing that he may soon turn his attention back to Cuba after pledging earlier this year a “friendly takeover” of the country if its leadership didn’t open up its economy to American investment and kick out U.S. adversaries.

CIA Director John Ratcliffe met with Cuban officials, including Castro’s grandson, during a high-level visit to the island on Thursday.

Castro, 94, took over as president from his ailing brother, Fidel Castro, in 2011, and then handed power to a handpicked loyalist, Miguel Díaz-Canel, in 2019.

While he largely has avoided the spotlight since retiring in 2021 as head of the Cuban Communist Party, he is widely believed to wield power behind the scenes, a fact underscored by the prominence of his grandson, Raúl Guillermo Rodríguez Castro, who previously met secretly with U.S. Secretary of State Marco Rubio.

Cuba's shootdown in 1996 of two Cessna aircraft operated by the Brothers to the Rescue was a watershed moment in decades of hostilities between the two countries.

At the time, President Bill Clinton had been cautiously exploring ways to reduce tensions with a Cold War adversary but faced stiff opposition from exiles who organized publicity-seeking flyovers of Havana, dropping anti-Castro leaflets, and aiding Cuban rafters fleeing economic deprivation and single-party rule.

The Cubans had warned the U.S. government for months that it was prepared to defend against what it considered deliberate provocations. But those calls went unheeded and on Feb. 26, 1996, missiles fired by Russian-made MiG-29 fighter jets downed two unarmed civilian Cessna planes just beyond Cuba's airspace, according to an investigation conducted by the International Civil Aviation Organization. A third plane, carrying the organization’s leader, narrowly escaped.

“With hindsight, it appears the Castros' motive was to slow down the Clinton outreach because they needed the U.S. as an external enemy to justify their national security posture,” said Richard Fienberg, who worked on Cuban issues at the National Security Council at the time.

They succeeded beyond their wildest dreams, said Feinberg.

Shortly after the shootdown, Congress passed what became known as the Helms-Burton Act, which codified a U.S. trade embargo enacted in 1962 and made it far more complicated for successive U.S. presidents to engage with Cuba.

To date, the U.S. has convicted only a single person of conspiracy to commit murder in connection with the Brothers to the Rescue shootdown. Gerardo Hernández, the leader of a Cuban espionage ring dismantled by the FBI in the 1990s, was sentenced to life in prison but was released by President Barack Obama during a prisoner swap in 2014 as part of an attempt to normalize relations with Cuba.

Two fighter jet pilots and their commanding officer have also been indicted but are outside the reach of U.S. law enforcement while living in Cuba.

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