Overview
Title
To condemn convicted felon, Joanne Chesimard, who is also known as Assata Shakur, and those celebrating her violent actions against New Jersey law enforcement members, to call for her immediate extradition or return to the United States from Cuba, where Ms. Chesimard is receiving safe haven to the United States to escape prosecution or confinement for criminal offenses committed in the United States, and to officially honor and commemorate the New Jersey law enforcement members killed and affected by her violent acts.
ELI5 AI
This bill is all about asking a person named Joanne, who's hiding in Cuba, to come back to the U.S. because she's in trouble with the law here. It also wants to remember the police officers who were hurt by what she did.
Summary AI
S. 5085 is a bill that seeks to address the case of Joanne Chesimard, also known as Assata Shakur, who is believed to be receiving safe haven in Cuba to avoid punishment for crimes committed in the United States, including the murder of a New Jersey State Trooper in 1973. The bill condemns Chesimard's actions, calls for her extradition, and criticizes the Cuban government for not complying with extradition treaties. It also includes provisions for regular reports by the Secretary of State on efforts to extradite her and other fugitives from Cuba, and aims to honor New Jersey law enforcement officers affected by Chesimard's actions.
Published
Keywords AI
Sources
Bill Statistics
Size
Language
Complexity
AnalysisAI
General Summary of the Bill
The bill, titled the "Justice for Trooper Werner Foerster Act," is presented with the aim of addressing the extradition of Joanne Chesimard, also known as Assata Shakur, from Cuba to the United States. Chesimard, a convicted criminal on the FBI's Most Wanted Terrorists list, escaped custody after being found guilty of murdering a New Jersey State trooper in 1973. The bill seeks to condemn Chesimard's actions and those who celebrate them, call for her immediate return to the U.S. from Cuba where she is believed to be receiving safe haven, and honor New Jersey law enforcement officers affected by her acts.
The legislation outlines the existing extradition treaties between the U.S. and Cuba and points out previous instances where Cuba has returned fugitives to the U.S. It also encourages diplomatic efforts to secure Chesimard's return and mandates annual reporting on the status of U.S. fugitives in Cuba, ceasing once compliance with extradition obligations is confirmed.
Summary of Significant Issues
The bill contains several notable issues that may impact its effectiveness and clarity:
Lack of Clarity on Extradition Response: The bill does not specify the actions the United States will take if Cuba does not comply with extradition requests, which could weaken its diplomatic strategy.
Typographical Error: There is a reference to "Mr. Chesimard" which is inconsistent, given that Joanne Chesimard is a woman. Such errors could lead to confusion.
Subjective Language: Terms like "deplorable example of a failure to extradite" are subjective and might benefit from clearer explanations, affecting the bill's interpretation.
Undefined Resource Allocations: The bill lacks details on the resources allocated for enacting honors and commemoration for law enforcement officers, which could challenge implementation.
Financial and Feasibility Concerns: The absence of financial allocations in Section 4 raises concerns about the ability to fulfill the duties outlined, such as annual reporting.
Ambiguous Definitions and Metrics: The bill does not define "safe haven" or specify metrics for compliance, which might lead to difficulties in assessing Cuba's adherence to extradition treaties.
Impact on the Public and Stakeholders
Broad Public Impact
The bill addresses the emotional and historical impact on law enforcement and victims’ families by seeking justice for actions committed decades ago. However, its effectiveness hinges on international diplomacy, as it involves extradition negotiations with Cuba. Public perception of justice and counterterrorism efforts might be bolstered if the bill successfully results in Chesimard's extradition.
Impact on Specific Stakeholders
Law Enforcement and Victims’ Families: The bill seeks to honor New Jersey law enforcement officers, including Trooper Werner Foerster, recognizing their service and sacrifice. Families affected by past violence may view the bill as a significant step towards justice and recognition.
Diplomatic and Legal Communities: Diplomatic efforts are central to the bill's implementation, which may challenge U.S. diplomatic relations with Cuba. Legal stakeholders may find interest in the bill’s reliance on international treaties and the pursuit of justice through diplomatic channels.
Cuban-American Relations: Should the bill lead to successful negotiations for extradition, it may shift dynamics in U.S.-Cuba relations, highlighting cooperative efforts or, if unsuccessful, tensions over compliance and legal obligations.
The challenges outlined necessitate precise language and clear actionable steps to ensure the effectiveness and reliable implementation of the proposed actions. Addressing these issues could enhance the bill’s capability to achieve its stated goals and positively impact stakeholders involved.
Issues
The bill lacks clarity on how the United States will respond if Cuba does not comply with extradition requests, particularly regarding Joanne Chesimard, which weakens the effectiveness of the proposed measures. This issue is prominent in Sections 3 and 4.
The reference to 'Mr. Chesimard' in Section 3 appears to be a typographical error since Joanne Chesimard is a woman. Such inconsistencies could lead to confusion and need correction for clarity, undermining the bill’s perceived professionalism.
The section on findings (Section 2) uses subjective language like 'deplorable example of a failure to extradite,' which may benefit from clearer explanations of legal or diplomatic ramifications, thus potentially impacting the bill’s interpretation and reception.
The bill omits specific actions or resource allocations for honoring and commemorating New Jersey law enforcement officers, including Trooper Werner Foerster, as stated in Section 3. This lack of detail could result in accountability and implementation challenges.
There is an absence of financial implications or budgetary allocations in Section 4 concerning the obligations of the Secretary of State and the Attorney General, raising concerns about the feasibility of executing the duties outlined effectively.
The bill does not define 'safe haven' or provide metrics for determining the extent of Cuba’s actions, leading to ambiguity in assessing compliance with extradition treaties, as highlighted in Section 4.
Section 4 does not outline mechanisms for the verification or independent assessment of reports about fugitives, risking the objectivity and reliability of information submitted to Congress.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The section specifies that this law may be referred to as the "Justice for Trooper Werner Foerster Act".
2. Findings Read Opens in new tab
Summary AI
Congress finds that Joanne Chesimard, a convicted criminal on the FBI's Most Wanted Terrorists list, is believed to be hiding in Cuba to avoid serving her life sentence for murdering a New Jersey State trooper in 1973. Despite existing extradition treaties with Cuba and past instances where Cuba has returned fugitives to the United States, the Cuban government has not extradited Chesimard, causing distress to the victim's family and friends.
3. Sense of Congress Read Opens in new tab
Summary AI
The section expresses Congress's belief that Joanne Chesimard is hiding in Cuba to avoid punishment for crimes committed in the U.S. and should be sent back immediately. It also suggests that U.S. officials use diplomacy to ensure her return and recognizes New Jersey law enforcement for their bravery and sacrifice.
4. Annual report and determination on fugitives from the United States in Cuba Read Opens in new tab
Summary AI
The section mandates that the Secretary of State, in coordination with the Attorney General, addresses the issue of U.S. fugitives finding refuge in Cuba during bilateral talks. It requires an annual report to Congress about efforts to extradite fugitives like Joanne Chesimard, with these reports ending if the Secretary confirms the Cuban government is actively meeting its extradition duties and returning U.S. fugitives.