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Politics : About that Cuban boy, Elian
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To: greenspirit who wrote (8233)7/10/2000 10:09:02 AM
From: Dayuhan  Read Replies (1) of 9127
 

In one of the first paragraphs she slam dunks the core issue here...
"They cannot see beyond that fact that the issue is no longer "where does Elian belong" the issue is "do we follow the rule of law, or do we let our frustration with the court process sanction extreme force, by executive privilege?"


The only thing she slam-dunks in that clumsy sentence is her own credibility. There is no conflict between the rule of law and executive privilege in this case, because the law places the resolution of this case squarely within the realm of the executive. "Frustration with the court process" was never an issue, because "the court" did not have jurisdiction.

The law says that Elian was an illegal alien; an illegal alien on parole, but an illegal alien nonetheless. The law gives the INS exclusive and absolute jurisdiction over illegal aliens. If you have an illegal alien in your house, the law says the INS can order you to turn that illegal alien over to them, and if you refuse, the law says the INS can force you to comply with the order. You may disapprove of the degree of force that was used in this case, but there is no question at all that the INS has the legal right to force compliance with their legal order.

The only people challenging the rule of law were the people who refused to turn over an illegal alien to the INS when legally ordered to do so.

I thought the writing was weak and the thinking worse; the article may on some level succeed as poetry, though I can't see how, but it as an exercise in rhetoric it seems to me a dismal failure.
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