the Miami family has seized Elian and made him property of the relatives.
Jay,
You are QUITE WRONG. The family was given LEGAL CUSTODY of the child when he first arrived on US shores.
Now there may be little doubt that they wish him to remain with them, but they HAVE ALSO PUBLICLY STATED THEY WOULD LET THE COURT DECIDE.
What they are rightfully fighting are the political subversions of US law in a custody case that is the jurisdiction of the STATE COURTS, NOT THE FEDERAL COURTS.
As for Lott delaying the hearings, the word here in DC is that the DOJ is delaying providing all the documents that pertain to the Elian case and the decision to forcibly remove the child from his legal custodians.
Remember... the Federal government did not "save" Elian. They ARRESTED HIM as an illegal alien and obtained an arrest warrant from a willing magistrate who was not involved in the case. The Federal Government has NO JURISDICTION in deciding custody cases. That is the jurisdiction of the STATE COURTS. The DOJ circumvented the state legal process for deciding custory of Elian and used the Federal legal code to conveniently achieve their political goal.
Under the state's jurisdiction, Juan Miguel Gonzalez would have to appear in State court and explain why he waited 4 months to arrive in the US to claim custody of his child. He would also have to provide information that satisfied the states interest in protecting the welfare of the child, namely the fear that Elian would be returned to Cuba and placed in a "re-education" program that would mold his mindset back to one more cooperative with Castro's socio-political agenda.
In that same court, Elian would have the ability to testify about HIS WISHES AND DESIRES, not just those of all the interested adults surrounding him.
Elian should be currently placed in the custody of an objective state appointed party, in seclusion from the press and public, and granted equal acces from both the father and his prior legal custodians, his relatives in Miami.
If you don't have qualms about how the Federal government conveniently STOMPED upon the jurisdiction perogatives of a duly authorized Florida state court, then I pity you and the future of the Constitution of the United States.
Regards,
Ron |
