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Politics : About that Cuban boy, Elian

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To: marcos who wrote (2511)4/25/2000 12:56:00 PM
From: The Barracudaâ„¢  Read Replies (2) of 9127
 
Dershowitz says he will testify if asked

Today on the Neal Boortz show, a Dallas radio show (KLIF 570 AM), Alan Dershowitz says that he and other liberal constitutional lawyers would be willing to testify to the illegality of the Elian raid before congress. Dershowitz and fellow civil rights professor Tribe feel that the executive branch has set a dangerous precedent by raiding the Gonzales home without a proper warrant. He believes Clinton broke the law (said in direct response to a question by Boortz). The warrant claimed by the Justice department was only a sham meant to circumvent the 11 Circuit ruling which denied the INS a court order to retrieve Elian from the Miami home.

The warrants were for searching for evidence and arrest of Elian as an illegal alien (which was a sham because they never intended to arrest him), neither of which justify breaking into a home and therefore violate 4th amendment. Dershowitz also said that Elian is now being denied representation which is a further violation of the constitution.

Dershowitz also says that Greg Craig not only is not representing Elian, he doubts that he is representing his father's interest either. He is being paid by the National Council of Churches, which has a long-standing policy of trying to improve relations with Cuba. Juan Miguel should be informed of his rights and the fact that he and his son would probably have a much better life in the United States. The National Council of Churches would be embarrassed if Jaun Miguel were to defect; therefore, Craig is not likely to inform him of his options. Dershowitz says that that he has represented young children almost Elian's age, and although their desires may not be determinative, they can be informative and Elian has a right to his own representation.

Neal Boortz says that this goes way beyond the issue of Elian now. It is a constitutional crisis which will determine if we will have a country in which the executive branch ignores the courts and the constitution.
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