US is expected to announce criminal case against former Cuban President Raúl Castro

Raul Castro waves a Cuban national flag during a May Day parade at Revolution Square in Havana on May 1, 2025. (AP Photo/Ramon Espinosa, File)

2026-05-20T16:03:35Z

MIAMI (AP) — The Justice Department was expected to announce a criminal case Wednesday against former Cuban President Raúl Castro as the Trump administration escalates pressure on the socialist government, according to two people familiar with the matter.

Federal prosecutors in Miami were preparing an indictment related to Castro’s alleged role in the 1996 downing of two planes operated by the Miami-based exile group Brothers to the Rescue. Castro, now 94, was Cuba’s defense minister at the time.

The expected charges include murder and destruction of an airplane, one of the people familiar with the matter said. They spoke on condition of anonymity because they were not authorized to publicly discuss the case ahead of the announcement.

Acting Attorney General Todd Blanche and other top Justice Department officials were expected to be in Miami on Wednesday for a ceremony to honor those killed in the shootdown.

President Donald Trump has been threatening military action in Cuba ever since U.S. forces captured the Cuban government’s longtime patron, Venezuelan President Nicolás Maduro. After ousting Maduro, the White House ordered a blockade that choked off fuel shipments to Cuba, leading to severe blackouts, food shortages and an economic collapse across the island.

Since Maduro’s capture, Trump has ratcheted up talk of regime change in Cuba after pledging earlier this year to conduct a “friendly takeover” of the country if its leadership did not open its economy to American investment and kick out U.S. adversaries.

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Trump’s first administration indicted Maduro on drug-trafficking charges and used that to justify removing him from power during a surprise military raid in January that whisked the Venezuelan leader to New York to face trial.

Secretary of State Marco Rubio on Wednesday urged the Cuban people to demand a free-market economy with new leadership that he said will chart a new course in relations with the U.S.

“In the U.S., we are ready to open a new chapter in the relationship between our people,” Rubio, the son of Cuban immigrants, said in a Spanish-language video message. “Currently, the only thing standing in the way of a better future are those who control your country.”

Cuba’s deputy foreign minister, Carlos F. de Cossío lashed out at Rubio on X, saying he “lies so repeatedly and unscrupulously about Cuba and tries to justify the aggression he inflicts on the Cuban people.” Rubio “knows full well that there is no excuse for such cruel and ruthless aggression.”

Raúl Castro believed to wield power behind the scenes

There’s no indication Castro will be taken into U.S. custody anytime soon.

He took over as president from his ailing older brother Fidel Castro in 2006 before handing power to a trusted loyalist, Díaz-Canel, in 2018.

While he retired in 2021 as head of the Cuban Communist Party, he is widely believed to wield power behind the scenes, underscored by the prominence of his grandson, Raúl Guillermo Rodríguez Castro, who previously met secretly with Rubio.

Last week, CIA Director John Ratcliffe traveled to Havana for meetings with Cuban officials, including Castro’s grandson. Two other senior State Department officials met with the grandson in April.

“The symbolic nature is absolutely crucial,” said Lindsey Lazopoulos Friedman, a former prosecutor at the U.S. attorney’s office in Miami who handled national security cases and crimes involving Cubans.

“Even though Raúl Castro will likely stay and die in Cuba, you can use the indictment as a pressure point, a tactical advantage, to extract other concessions like the release of prisoners or to keep Russia out,” she added.

The investigation into Castro stretches back to the 1990s

Starting in 1995, planes flown by members of Brothers to the Rescue, a group founded by Cuban exiles, buzzed over Havana dropping leaflets urging Cubans to rise up against the Castro government.

The Cubans protested to the U.S. government, warning that they would defend their airspace. Federal Aviation Administration officials also opened an investigation and met with the group’s leaders to urge them to ground the flights, according to declassified government records obtained by George Washington University’s National Security Archive.

“This latest overflight can only be seen as further taunting of the Cuban Government,” an FAA official wrote in an email to her superiors after one intrusion in January 1996. “Worst case scenario is that one of these days the Cubans will shoot down one of these planes.”

But those calls went unheeded and on Feb. 24, 1996, missiles fired by Russian-made MiG-29 fighter jets downed two unarmed civilian Cessna planes a short distance north of Havana just beyond Cuba’s airspace. All four men aboard were killed.

Raúl Castro faced earlier indictment

Guy Lewis, who was a federal prosecutor, uncovered evidence linking senior Cuban military officials to cocaine trafficking by Colombia’s Medellin cartel. Following the shootdown, the investigation expanded, and prosecutors pursued charges against Raúl Castro for leading a vast racketeering conspiracy by Cuba’s armed forces.

“The evidence was strong,” Lewis said in an interview.

In the end, the Clinton administration indicted four individuals, including the MiG pilots, the head of the Cuban air force and the head of a Cuban spy network in Miami — the only one to see the inside of a U.S. prison — for providing valuable intelligence about the flights.

The incident led the U.S. to harden its position against Cuba, even though the Cold War had ended and the Castros’ support for revolution across Latin America was a fading memory.

But Castro himself was spared as the Clinton administration — which had quietly sought to expand relations with Cuba prior to the incident — raised foreign policy concerns about such a high-profile indictment.

“Raúl was definitely one who slipped through the noose,” Lewis said. “The crime is notorious. Three U.S. citizens and one legal permanent resident were killed in a premeditated orchestrated murder. That should never be forgotten.”

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Durkin Richer reported from Washington.

JOSHUA GOODMAN Goodman is a Miami-based investigative reporter who writes about the intersection of crime, corruption, drug trafficking and politics in Latin America. He previously spent two decades reporting from South America. twitter mailto ALANNA DURKIN RICHER Richer covers the Justice Department and federal courts. She joined The AP in 2013 and is based in Washington. twitter