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Politics : PRESIDENT GEORGE W. BUSH
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To: DMaA who wrote (17519)4/25/2000 12:02:00 PM
From: MulhollandDrive  Read Replies (2) of 769667
 
"Storm troupers breaking into American homes has left me a bit depressed."

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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