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Non-Tech : The Critical Investing Workshop
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To: freeus who wrote (16211)4/25/2000 10:54:00 AM
From: Jeffry K. Smith  Read Replies (5) of 35685
 
April 25, 2000

Harvard professor Laurence Tribe, writing today in the New York Times, says the Justice Department had no legal authority to seize Elian Gonzalez from the home of his Miami relatives.

The liberal Tribe, often touted as a possible Supreme Court nominee, concludes Janet Reno and the Clinton administration "violated a basic principle of our society, a principle whose preservation lies at the core of ordered liberty under the rule of law."

Tribe notes that "under the Constitution, it is axiomatic that the executive branch has no unilateral authority to enter people's homes forcibly to remove innocent individuals without taking the time to seek a warrant or other order from a judge or magistrate" -- absent the probable cause a crime is being committed.

As for the "search warrant" obtained by the INS, Tribe writes, ". . . no judge or neutral magistrate had issued the type of warrant or other authority needed for the executive branch to break into the home to seize the child."

He explains that the search warrant is "not a warrant to seize the child" and that the government needed to have "secured a judicial order."

Tribe concludes that Reno's decision was "worse than a political blunder," a decision that "strikes at the heart of constitutional government and shakes the safeguards of liberty."
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