Would a President Junior Be Able to Come to the U.S.?
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Various heads of state come to the UN headquarters in New York each fall to address the General Assembly in session.
If it was for a returning diplomat (and their dependents or spouse who shared the same passport), I would use the older card to validate and then issue a new 1983 ID. Of course, this was while the Soviet Union was still in existence and with it, its allies in the socialist bloc.
Since I had access to hundreds of ID photos of all nationalities and compared many old and new shots of the same person, two things stood out to me and seem particularly relevant today.
As this was a few years before the Iron Curtain came down, nearly all of the socialist diplomats’ faces and their spouses exhibited grim and dour demeanors. It was almost like they had been sentenced to the gulag rather than to the glamorous New York assignment. In complete contrast was the very glamorous, air-brushed ID photo of Madame Imelda Marcos of the Philippines, who was on her annual trip to New York to expound on whatever esoteric subject at the UN that fall of 1983, with her son Ferdinand Jr. (Bongbong) in tow.
There was something strange in my personally processing their IDs that year. There was a finite feeling and a far-reaching one at the same time. Imelda was at the zenith of her global “diplomacy,” although God knows what qualifications she had in that field other than being the avaricious spouse of an overstaying despot. The son, Junior, then 26, I guess was on training wheels.
Well, here we are 39 years later. The flashy, overstaying Marcos family was expelled in 1986 but in the following years, they clawed their way back to power and prominence in the old country – and the young BBM or Junior, now a ripe 64-year-old, is, as of this writing, on the verge of recapturing his father’s old position of president of the Republic, if the present surveys hold true until May 9, 2022. Running in second place is the more accomplished incumbent Vice President, Leni Robredo.
Judgments in Hawaii Federal Courts
In the years after they left Malacañang, starting in 1995, Mrs. Marcos, Junior, and oldest daughter Imee, were named defendants in a series of landmark lawsuits adjudicated and resolved in the Hawaii federal courts. The initial judgment on the brutal Marcos regime’s violation of human rights was $1.2 billion in exemplary damages for its victims. In January 1995, another $766 million in compensatory damages was added—for a combined $1.9 billion up to that time.
Ferdinand “Bongbong” Marcos, Jr., Irene Marcos-Araneta, Imee Marcos and Imelda Marcos (Source: AP)
Because the Marcoses continued to ignore the initial judgments, the original 1995 sums were compounded by additional fines of some $353.6 million in January 2012, bringing the total sums of their liability to more than $2.3 billion (nearly Php 200 billion), one of the largest non-corporate, monetary judgments in world jurisprudence. Of course, today they have not paid a drop of that. On August 30, 2019, the judgment had been extended until 2031.
To this day, this humungous judgment hangs like a Damocles’ sword over the three older Marcoses. Before 2005, they could travel freely between Manila and the US for whatever reason. Since then, they could no longer come and go because they could be arrested any time they set foot in the Promised Land.
What If?
Wild speculation abounded when Junior ran for vice-president in 2016. Being a scofflaw, would he still be able to make “official” trips to the US. Because he lost to Leni Robredo, the hypothetical was never really put to the test.
As long as private citizen Junior travels on a regular mortal’s passport—like you and me, he should not be foolish enough to enter the US for whatever reason. The Marcos name would not be some anting-anting (amulet) to shield him from arrest. While he would not be automatically arrested at the border, a whole judicial process could be set in motion and take a few days to go into effect.
The court in Hawaii or the Department of Justice in Washington would have to be alerted that Junior had entered US air space. Only then would an arrest warrant be served; the FBI would have to locate Junior and arrest him for failure to comply with the Hawaii court judgments.
The 12th Legitimate Philippine Republic President?
That picture would change completely should Junior win the presidential election in May. In that case, he would be traveling on a diplomatic passport (again), and the tiger’s stripes would change.
If, as the second Philippine President Marcos, he would want to speak at the United Nations General Assembly in September 2022, he would be able to step in US soil and make a return appearance in New York. It is the head of state’s privilege as a representative of a member nation in good standing, to so make an appearance and speak before the world body.
The “Treaty Obligations” of the United States of America as host of the United Nations’ General Assembly and headquarters, Sec. 7 (b) (p. 672) stipulates (in so many words): Representatives of foreign governments in or to international organizations and officers and employees of such organizations shall be immune from suit and legal process relating to acts performed by them in their official capacity and falling within their functions as such representative, officers, or employees except insofar as such immunity may be waived by the foreign government or international organization concerned.
The USA, as host nation, would have to honor its obligations to the UN and allow unfettered travel for Junior in his capacity as the new head of state of the Republic of the Philippines. The USA’s role as host country overrides any liability or pending criminal action (which to be technically specific, was a “civil” action when it started and only entered the “criminal” classification when more fines were later added) in its judicial docket. The US Department of State would have to overrule the Department of Justice and have the DOJ sit on those outstanding Hawaii court judgments and, in effect, turn a blind eye to President Junior’s “past crimes.”
Furthermore, it’s not like Junior is a mass killer wanted by the International Criminal Court (ICC)—unlike outgoing Philippine president Duterte, who actually has blood on his hands—and who would be re-entering US space with the intent to harm US interests. Junior was found guilty of the monetary fines only by extension to the actual criminal, his father. Junior, like his mother and sister, are merely the surviving representatives/relations/executors of the vast, ill-gotten Marcos wealth.
Extreme Case
Perhaps the most notorious case of the US honoring its agreements and allowing an international criminal to get to the UN via entering US soil is that of ex-President Omar Hassan al-Bashir of Sudan, who came to attend the 2015 General Assembly Session in New York.
Al-Bashir was a wanted criminal already convicted by the ICC. Al-Bashir was accused of genocide, war crimes, and crimes against humanity by the ICC. (Strangely enough, the US and the Philippines are currently not members of the ICC.) fall to address the General Assembly in session.
President of Sudan who has a criminal record with the ICC but managed to enter the US to speak at the United Nations.
Per its obligations to the UN Charter, the US let al-Bashir in to speak at the UN in 2015 despite his record as a “war criminal.”
If the US can welcome rogues like al-Bashir or even its other “avowed” enemies like Nikita Khruschev (who vowed the destruction of the USA), Fidel Castro, and a few others, to speak at the UN, then surely someone with a less bloody record than Junior would be an easy pass.
(Sudan finally surrendered the wanted al-Bashir to the ICC last year and, of course, Khruschev’s progeny moved to the USA. His granddaughter, Nina Khruscheva, a professor at the New School in New York City, has been in the news lately due to the Ukraine-Russia crisis. Also, the strangest juxtaposition of stars occurred in Junior’s case when he ran as Senator Miriam Santiago’s vice presidential partner under her People’s Reform Party in 2016. Santiago had passed on a judgeship at the ICC for health reasons that year. So that’s about as close as Junior got to the ICC.)
“If, as the second Philippine President Marcos, Bongbong would want to speak at the United Nations General Assembly in September 2022, he would be able to step in US soil and make a return appearance in New York.”
Ways Around a Future Summit in the US?
On February 10, 2022, before the Ukraine-Russia crisis erupted, the US accepted the hosting honors for the Asian-Pacific Economic Cooperation Forum’s summit for 2023. That would have put the whole “can-he-or-can’t-BBM-enter-the-USA?” conundrum under a new microscope. Will the USA allow Junior to attend a summit not on international territory like the UN?
Of course, it will. However, right now, Junior is lucky that Russian President Vladimir Putin is working himself up to become International Pariah and Villain No. 1, therefore obscuring the “white-collar” crimes that Junior is accused of in the Hawaii cases. Letting in a financial “scofflaw” like Junior to attend an international conference on US soil outside of the UN in 2023 isn’t quite the same as allowing a live scorpion from the Kremlin to crawl into your bloomers.
The “class picture” of the 2015 APEC Summit in Manila, hosted by the late President Benigno Aquino III. Vladimir Putin chose not to attend but sent his then-Prime Minister Dmitry Medvedev in his place. Could a President Bongbong ably represent the Philippines in the next few APEC summits?
Further, if allowing Junior in in 2023 becomes really touchy, the US can always request that a less controversial representative be sent; and that could be the Philippine vice president or Foreign Secretary. The US can always use the excuse that allowing Junior in would trigger great protests and unrest in the Filipino-American population of the US—which might still happen nonetheless—hence, it would be best for a controversial head of state like Junior to stay home and send a less polarizing representative instead. So there are ways around the sticky situation.
3rd time’s a “Lucky Charm” or “a Strike” for the Philippines?
If Junior really does succeed in becoming Philippine president in May, he would complete the third parent-child presidency club of the Philippines: first with Diosdado Macapagal (1961-1965) and daughter Gloria (2001-2010); followed by Cory Aquino (1986-1992) and Noynoy (2010-2016), and finally, Makoy (1966-1986) and Junior (2022?).
Or if Vice President Robredo should triumph, she would become the third woman elected Chief Executive of the Philippines in forty years – a feat no other country, democratic or otherwise, in world history would have achieved. [Only the Netherlands has had three successive, inherited-title ruling queens since 1890 (Wilhelmina, Juliana and Beatrix—as Holland is a constitutional monarchy) while Argentina and the UK have elected two female presidents and two female prime ministers respectively, over the last 50 years.]
Current Vice President Leni Robredo, a fully accredited lawyer.
Would the 3rd time be “. . . a charm” or “. . . a strike” for the Philippines in either case?
So can anyone remind me of even one legislative achievement the two-time college dropout Junior made either as governor of Ilocos Norte or as senator that resulted in bettering the average Filipino’s life nation-wide to cast my vote for him vs. the more eminently qualified VP Leni Robredo?
I can think of none.
SOURCES:
Marcos Jr. continues to evade $353-million contempt judgment of US court (rappler.com)
Omar al-Bashir: Sudan to hand ex-President to ICC - CNN
International Organizations Immunities Act: PL 79-291 (usmission.gov)
United States to Host APEC Summit Next Year - White House | World News | US News
Myles A. Garcia is a Correspondent and regular contributor to www.positivelyfilipino.com. He has written three books:
· Secrets of the Olympic Ceremonies (latest edition, 2021);
· Thirty Years Later . . . Catching Up with the Marcos-Era Crimes (© 2016); and
· Of Adobo, Apple Pie, and Schnitzel With Noodles (© 2018)—all available in paperback from amazon.com (Australia, USA, Canada, UK and Europe).
Myles is also a member of the International Society of Olympic Historians, contributing to the ISOH Journal, and pursuing dramatic writing lately. For any enquiries: razor323@gmail.com
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