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Luis Alberto Machado:
!Pérez cannot be legally convicted!

aracas newspaper EL GLOBO, in its May 27, 1996 issue, refers to the statements made, in writing, by Luis Alberto Machado, a well known Venezuelan lawyer and humanist who has international recognition for he ideas and works related to the potential use of manţs learning and reasoning abilities. Dr. Machadoţs method for the development of intelligence is applied in several countries. This is what Marilyn Ferguson says of Luis Alberto Machado in he famous book "The Aquarius Conspiracy".

The discovery of the fact that intelligence may be improved is an advancement comparable to the discovery of agriculture. We may "cultivate" intelligence as our prehistoric ancestors began to cultivate food.

An example of the cultivation of intelligence is a Venezuelan movement following modern brain research. In 1979, a new minister for the development of Intelligence, inspired in the book The Right to be Intelligent, by Luis Alberto Machado, initiated, on a national basis, a program based on that work. The program has led to multiple conferences and to the creation of a global network and is being emulated in about a dozen countries.

The following is an entire reproduction of Dr. Machadoţs statements given to Imperio Rodríguez / El Globo

"It is not possible that Carlos Andrés Pérez may be condemned. Nor Reinaldo Figueredo. Nor Oscar Barreto. Nor Carlos Vera. All other Presidents of Venezuela would have to be condemned also. Because it would be a crime to reveal State security expenses in a court decision. Because the decision would be void

CAP is being tried for having spent in Nicaragua funds from a Secret Budget Item meant for State security. For that, only for that. For nothing else.

We have three elements: 1) Nicaragua; 2) Secret Funds; 3)State Security

NICARAGUA

All Venezuelan presidents must have made security expenses outside the Venezuelan borders.
If any president did not do it must have been by reason of ignorance, inconsistency or irresponsibility.
And all future presidents shall have to do it. All of them And, as Venezuela grows more in importance, that will be more so every time.
If "Venezuela's security does not go through Managua", it does not go through Cúcuta [Colombia] or Cura‡ao either. There would be no way of investing one single bolivar, not even a yard beyond our borders.
An the first one to be condemned should be President Bolívar. President Bolívar not only invested Venezuelan money beyond its borders. He also invested Venezuelan blood.
And he did not do it in Nicaragua also nor in Cuba and Puerto Rico, not because he did not want to but because he was not able to do it.
He wanted to go as far as Spain.
Because for President Bolívar, Venezuelan security did go through Managua and Madrid.
To condemn former President Pérez today because he used secret funds to strengthen democracy in Central America, would be as if the United States Supreme Court convicted President Clinton for investing his countryţs secret funds in Russia, under the argument that the security of the United States does not go through Moscow.
As absurd as that. It is the same thing.

In "El Nacional" last May 19, Wilfer Pulgarín asks the following to José Guillermo Andueza [Minister of Internal Relations]: Do these expenses [State security] go beyond our borders?" And a man as intelligent, with such high moral standards and legal deep thoughts as José Guillermo Andueza, answers as follows: "They could go, because Venezuela, as any other country in the world, has an internal and an external security. Here, there are secret funds, other than in the Ministry of the Interior and the Ministry of Defense in the Foreign Ministry, in Treasury and Justice".

When defending President Pérez I am defending all other Venezuelan Presidents. Those of the past, President Caldera. All future Presidents.
I am sure that for President Pérez it would be a greater honor to be condemned because he helped President Chamorro, than being acquitted for not having done it.

SECRET FUNDS

The President of the Republic, his ministers or any other offices are entitled to reveal how Secret Funds are spent.
It is a provision of the law. Doing it would be a crime punished by the law.

In the same interview our current Minister of the Interior, referring to the spending of Secret Funds, says: "What we manage in emergencies is an amount that I may not divulge, because it is secret".
He may not say. No one else may.
The Executive may not, nor the Judiciary.

All Organs of Public Power must cooperate among them to "meet the objectives of the State", as provided by article 118 of the Constitution.
Accordingly, in a decision by the Supreme Court of Justice ţby itself a public documentţ the ultimate use of secret funds by the Head of State may not be revealed.It is an express constitutional provision.
That decision would constitute a crime.
If the President may not say it, if the Minister may not say it, the Courtţs Justices may not say it either.
If it is a crime for the President and a crime for the Minister, then it is also a crime for the Justices of the Court.
And if the President of the Republic and the Minister may be condemned for such crime, the Courtţs justices could also be condemned for the same crime.

STATE SECURITY

"Each of the branches of Public Power has its own functions" says the same article 181 of the Constitution.
The function of qualifying, of determining State security is an exclusive function of the President of the Republic.
It is not at all the competence of the Supreme Court of Justice to determine what is and what is not State security and in this issue the very same essence of our constitution as a Republic is at stake.
Division of Powers. Montesquieu. The Republic.

What would happen if the Supreme Court should pass a decree appointing the Minister of Education, or if it would call for extraordinary sessions of Congress or grand pardons to convicted subjects? What would happen?

There would be no appeal in those cases.
Those actions would be null. Completely void.
They would constitute invasion of power.

And "all usurped power is ineffectual, and its actions are void" (art. 119 of the Constitution of the Republic).
And those functions are so much the exclusive power of the President of the Republic as are those related to State Security And a decision convicting Carlos Andrés Pérez for having invested in Nicaragua, as President of the Republic, funds assigned to State security would have to be declared void because it would violate the Constitution.

I feel sure that the Justices' intelligence must have led them to the same conclusion as mine has.
The sentence to be rendered is a sentence for history I trust that, when judging, the Court's Justices at all times will keep present in their intelligence and honesty the judgment of history"

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