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Pastimes : Let's Talk About Our Feelings!!! -- Ignore unavailable to you. Want to Upgrade?


To: Tom Clarke who wrote (78666)4/22/2000 12:14:00 PM
From: Ilaine  Read Replies (1) | Respond to of 108807
 
The courts are empowered to decide, of course, but in the absence of a court order, things like this are decided according to existing law, and the executive branch is charged with execution of existing law. If the 11th Circuit doesn't like the father having custody, they can order Elian to be brought back to Miami. Furthermore, the Justice Department announced Thursday that they intended to remove the boy from the home of the Miami relatives. There was certainly enough time to get an emergency injunction.



To: Tom Clarke who wrote (78666)4/22/2000 3:23:00 PM
From: nihil  Read Replies (1) | Respond to of 108807
 
The President is required to see that the laws be faithfully enforced. It is not only constitutional, but an inherent Executive decision and subject to executive discretion. The courts will rarely argue with an executive officer with an appropriate warrant (specifically naming the persons or object to be siezed). The occupants of the house were ordered to turn over Elian and not to resist. They were given a deadline to comply which they refused. The Feds seemed to have used exactly as much force as necessary, and no more. Any one hurt was asking for it in defiance of the law.
By every law the father has legal custody. In addition, he now has possession. Lazaro is merely guardian ad litem to pursue Elian's claim of asylum. I hope he finds a judge that will permit him to make up his own mind. But a six year old's mind is very hard to read and will hardly be definitive in this case. If Elian is tough and truly committed, he still might win. Very few boys that age are tough enough to tolerate what has happened, is happening, and will happen to him. It is unheard of for the outcome of a lawsuit to satisfy everyone. I would like Elian and his father and his Miami relatives to be satisfied, and Castro to be disatisfied. Now exactly how can we work this out?