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Politics : About that Cuban boy, Elian -- Ignore unavailable to you. Want to Upgrade?


To: Jim S who wrote (3635)4/29/2000 8:01:00 PM
From: gao seng  Read Replies (1) | Respond to of 9127
 
-->>The Miami family was given "temporary custody" of Elian, and then it was withdrawn when Castro made it an issue and sent Juan to DC<<

Not quite. Although that is what the executive branch would like you to believe.

aim.org

Accuracy In Media

Why The Rush To Nab Elian?

By Reed Irvine
April 24, 2000



To: Jim S who wrote (3635)4/29/2000 8:08:00 PM
From: chalu2  Read Replies (1) | Respond to of 9127
 
Why weren't they arrested? It was theoretically possible for the INS to make an arrest, or for an indictment to be sought, but federal officials and prosecutors have what is called "prosecutorial discretion." In other words, taking all circumstances into account, they can decide to arrest or indict, to proceed civilly, or to do nothing at all. I think they showed admirable restraint here in just deciding to restore custody to the father without booking anyone.



To: Jim S who wrote (3635)4/29/2000 8:28:00 PM
From: lawdog  Read Replies (2) | Respond to of 9127
 
Not a Con Law question. This is a criminal law question.