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

To: Rambi who wrote (78946)	4/26/2000 1:24:00 PM
From: Ish	Respond to of 108807

<<Very scary stuff. I would think the Democrats must be pretty terrified about now. this has sure gone beyond parental rights (or my ability to understand it).>> Most Americans won't bother finding out how the warrant was obtained but the picture of that little boy at gun point woke a few people up. Poor Al and Hillary are in a bind. Go one way and lose the Cuban vote, go the other and lose Clinton's support. Most Dems are already in the put it behind us mode.

To: Rambi who wrote (78946)	4/26/2000 3:36:00 PM
From: Ilaine	Read Replies (1) \| Respond to of 108807

Judge Michael Moore dismissed the case and lost jurisdiction to rule when the case was appealed. The 11th Circuit Court of Appeals now has jurisdiction and is making procedural rulings in the case. There is a petition pending for appointment of a guardian ad litem to represent Elian's interests, which I assume will be granted, since his interests in this matter are not necessarily the same as his father's. So the magistrate was the appropriate party, they generally are the ones to issue warrants in federal cases. It's standard operating procedure. They told the magistrate judge that Elian was an illegal alien and was being illegally held by Lazaro Gonzalez, which, IMO, is true. The documents are all available at the Miami Herald site, herald.com FYI, here is the salient excerpt from the Final Order of the state court: IN THE CIRCUIT COURT OF THE 11 TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA FAMILY DIVISION IN RE: THE MATTER OF CASE NO. 00-00479-FC-28 LAZARO GONZALEZ, as Custodian of ELIAN GONZALEZ, a Minor, Petitioner, and JUAN MIGUEL GONZALEZ-QUINTANA, Respondent. _______________________________________/ Final Order THIS CASE comes to the Court upon various emergency motions brought by Petitioner seeking expedited discovery and an imminent hearing upon his Petition for temporary custody of the minor child, Elian Gonzalez. For the reasons stated below, and with concern for those on both sides who feel so passionately about this case, the Court finds that this matter is federally pre-empted and that this court further lacks subject matter jurisdiction, and therefore dismisses this action and terminates the order of January 10, 2000 entered by a predecessor judge.