This week, former British Ambassador to Cuba, Paul Hare, wrote a column about the Cuban military's takeover of Old Havana -- the heart and soul of the island's tourism activity.

However, this not simply about the Cuban military "outmaneuvering" a fellow regime apparatchik, Eusebio Leal. It's about the Castro regime gaming Obama's policy.

Not only have Cuban democracy activists been relegated by the new policy, but so have the lauded intended beneficiaries -- the "self-employed" ("cuenta-propistas").

From Old Havana, to the Port of Mariel, to Varadero beach resorts, to the Sierra Maestra cruise terminal -- the Castro family's military monopoly, GAESA, has taken absolute control to ensure it's the sole beneficiary of Obama's regulatory relief.

Regardless of your views, it's time analyze the consequences rationally.

The new policy is strengthening the wrong people in Cuba. Moreover, Obama's green-lighting hotel and other deals with GAESA is wrongheaded and inconsistent with U.S. law. 

It was precisely this concern that led Congressional leaders last year to introduce the Cuban Military Transparency Act, as a safeguard measure.

Their foresight has proven to be correct.