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


To: The Barracuda™ who wrote (3698)4/29/2000 10:49:00 PM
From: jimpit  Respond to of 9127
 
More from my new friend, Dershowitz <g>
___________________________________________________________
NewsMax.com
newsmax.com

For the story behind the story...
Saturday April 29, 2000 9:06 PM EST

Dershowitz: Reno-INS 'Took Law into Their Own Hands'

Last Thursday night Alan Dershowitz appeared in
CNBC's Geraldo program.

Some of his comments are excerpted below.

Family Was Not Breaking the Law

"They[the government] had a very easy remedy
here. They could have gone to a court [and] got
a court order, held the family in contempt. If
the family refused to leave, then they could
have gotten a warrant and arrested family
members who were in contempt of court. ...They
couldn't have because the family was not
breaking the law."

Only a Court Order Can Direct a Citizen

"Nobody has an obligation in this country to
listen to the executive. The executive, whether
it's the president or the INS, has no authority
over citizens of this country.

"You need a court order to tell a citizen of
this country to respond to the INS. And it
establishes a terrible precedent for Janet Reno
or any other member of the administration to
set deadlines, to give orders.

"Citizens do not have an obligation to obey the
executive. They have an obligation to obey
court orders."

Reno Circumvented Court Order

"And remember another thing: that Janet Reno
circumvented the court order. The court order
said essentially, 'Let's retain the status
quo.' The object of this raid was to moot the
appeal because we're now going to see the
lawyers for the father...

"... am predicting that this is going to
happen. We're going to see this appeal mooted
as the result of this--of this removal of the
child and the change in the status quo.

"... Because the father will now say that the
child has no right to make an application for
asylum, and the 11th Circuit will be stripped
of its jurisdiction.

"...the 11th Circuit wanted to decide, and
that's exactly why the 11th Circuit ordered him
to stay in the United States, and that's
exactly why they didn't seek a court order,
because they knew they wouldn't get one."

Reno-INS Took Law into Their Own Hands

"And they took the law into their own hands,
and that's what's wrong here. And as a civil
libertarian, you have to complain, even when
you think the right result may have been
reached if the wrong means were used in
reaching it."

All Rights Reserved ¸ NewsMax.com
_______________________________________________________
newsmax.com



To: The Barracuda™ who wrote (3698)4/29/2000 10:55:00 PM
From: jimpit  Read Replies (1) | Respond to of 9127
 
Some insight into possible reasons for some of the Miami
Family's legal missteps...
_____________________________________________________________
NewsMax.com
newsmax.com

Analysis: Miami Family Lawyer is Throwing Legal Case for Elian

Jack Thompson

Saturday April 29, 2000

NewsMax.com reports that a number of prosecutors and other employees in
the Miami U.S. Attorney's Office are protesting against Janet Reno's forcible
taking of Elian Gonzalez (see "Revolt in Reno's Ranks").

These employees wore black to work this week to register their disgust with
Reno and her illegal raid on the Gonzalez home.

But sources among the these Justice Department dissidents inform
NewsMax.com that members of the group are equally dumbfounded by the
legal actions of the Miami relatives.

One of the assistant U.S. attorneys has now disclosed the following to
NewsMax: "There are a number of us here [Assistant U.S. Attorneys] who don't
understand why Elian's team of lawyers doesn't go to the Eleventh Circuit Court
of Appeals and hammer Reno hard, to make her the issue, to show the three
judges that her raid was illegal and obtained by a false affidavit. It's maybe the
only way to get the boy a fair hearing. Kendall Coffey, who is the head of the
team, who used to be our boss here as the U.S. Attorney, ought to know that is
the only strategy that will work."

But these same sources know why the legal case on behalf of the Miami family
has been bungled: Kendall Coffey.

As reported here weeks ago by this reporter, Coffey has been a very close
associate of Reno for decades.

Coffey had served as a former fund raiser for Reno when she was state
attorney.

Coffey, in an act of political patronage, was then hand-picked by the Attorney
General to be her U.S. Attorney here in Miami.

Coffey then had to resign in disgrace in 1996 when he bought a lapdancer a
magnum of champagne in a notorious striptease club called the Lipstick
Lounge.

Coffey bit the dancer on the rear end, prompting a complaint by the young
woman to the local police.

It later turned out Kendall used a government credit card to pay for his
extravagances as well.

Coffey was brought into the case because members of the Cuban-American
Democracy Movement have close ties to the local Democratic Party and
thought Coffey's close relationship with Reno could help them understand her
while helping smooth the negotiations.

Obviously Coffey did not "understand" Reno and she couldn't care less that he
was representing the Miami family, as her decision to storm the house
demonstrated.

Even if Reno had fired Coffey, their relationship had been too close for too long
to suggest that he would be willing to take her to the mat in a serious legal
match.

That point, made in NewsMax.com weeks ago, was proven accurate by the
very weak legal response the Miami family made in the wake of the outrageous
raid into their home and the seizure of the boy.

Sources among the U.S. Attorney's office are not surprised Kendall is not
taking strong legal actions.

He was not agressive as a U.S. Attorney and nobody thinks he wants to rock
the boat with Reno, the Justice Department or the local Democratic
establishment - because his private law practice still depends on his old
network of contacts.

But the sources are suprised that after the terrible situation Coffey has put them
in that he is still in charge of their legal efforts.

"If he remains in charge, the relatives are doomed. Elian will most certainly be
returned," a source said.

Is Coffey a decaffeinated attorney when it comes to mixing it up with his
longtime friend Reno? So far he has helped put Elian just one step away from
the next flight to Havana.

Jack Thompson is a Miami attorney. He is a frequent commentator on
the Elian Gonzalez case for the Fox News Channel.

All Rights Reserved ¸ NewsMax.com
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newsmax.com