On April 22nd, 2000 the U.S. Dept. of Justice violated the U.S. constitution at the whim and behest of a Stalinist dictator that the very U.S. Dept. of State officially condemns as a “State Sponsor of Terror.”
Naturally this delighted many liberals. “Yup, I gotta confess, that now-famous picture of a U.S. marshal in Miami pointing an automatic weapon toward Donato Dalrymple and ordering him in the name of the U.S. government to turn over Elián González warmed my heart.” (Thomas Friedman, the New York Times April 23, 2000.)
But not all liberals rejoiced. Alan Dershowitz and Harvard’s Laurence Tribe both recoiled at the Clinton justice department’s legal swindle.
Thanks to the ritual MSM-Castroite collusion most people forget (or missed) the crucial legal and ethical details of this swindle — which were mostly established during the first week after Elian’s rescue at sea, after his heroic mother’s drowning. The “son-belongs-with-his-father” crowd, for instance, “missed” (with the help of the MSM-Democratic complex) that Elian’s father was initially delighted that his motherless son was in the U.S. and in the loving arms of his uncles and cousins.
Mauricio Vicent, a reporter for Madrid newspaper El Pais, wrote that during that first week after Elian’s rescue he’d visited Elian’s home town of Cardenas and talked with Elian’s father, Juan Miguel, along with other family members and friends. All confirmed that Juan Miguel had always longed for his son Elian to flee to the United States. Shortly after Elian’s rescue, his father had even applied for a U.S. visa!
Elian’s Miami uncle, Lazaro, explained it repeatedly and best: “I always said I would turn over Elian to his father, when Juan Miguel would come here and claim him. But I (along with practically everyone with experience under communism from Cambodians to Hungarians and from Lithuanians to Cubans) knew such a thing was impossible. He couldn’t do that. I knew it wasn’t Juan Miguel requesting Elian–it was Fidel.”
The legal-eagles forgot (or missed) that--as David Limbaugh meticulously documents in his book Absolute Power--on Dec. 1, 1999 the INS asserted that Miami-based uncle Lazaro was indeed Elian’s legal custodian and Florida’s family court indeed the place to arbitrate further issues.
But by January 5 the identical INS ruled that state courts had no authority in these matters, that neither Elian, nor Lazaro on his behalf, could apply for political asylum, and that Elian had to return to Cuba by January 14.
Humberto Fontova holds an M.A. in Latin American Studies from Tulane University and is the author of four books including his latest, The Longest Romance; The Mainstream Media and Fidel Castro. For more information and for video clips of his Television and college speaking appearances please visit www.hfontova.com.