SI
SI
discoversearch

We've detected that you're using an ad content blocking browser plug-in or feature. Ads provide a critical source of revenue to the continued operation of Silicon Investor.  We ask that you disable ad blocking while on Silicon Investor in the best interests of our community.  If you are not using an ad blocker but are still receiving this message, make sure your browser's tracking protection is set to the 'standard' level.
Politics : PRESIDENT GEORGE W. BUSH -- Ignore unavailable to you. Want to Upgrade?


To: DMaA who wrote (17519)4/25/2000 10:41:00 AM
From: John Hauser  Respond to of 769667
 
Yeah, I know. It's like science fiction.

The army is in sorry shape, but the ATF & INS are armed to the teeth.

Scary,
JH



To: DMaA who wrote (17519)4/25/2000 12:02:00 PM
From: MulhollandDrive  Read Replies (2) | Respond to 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."