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Politics : PRESIDENT GEORGE W. BUSH -- Ignore unavailable to you. Want to Upgrade?

To: chalu2 who wrote (17841)	4/30/2000 2:43:00 PM
From: gao seng	Respond to of 769667

Technically you are correct. But... The argument of those who think the seizure was not legal turns on knotty legal issues, but boils down to this: The search warrant was improperly issued because it is meant for use only when there is suspicion of a criminal violation, or violation of a direct court order -- neither was the case in Elian's situation. And without that warrant, federal agents had no right to enter the home of a third party, namely Lazaro Gonzalez, to grab Elian. The relatives' lawyers think they can use their contention of an improper search in a second effort to persuade federal appellate judges that Elian needs an independent guardian to represent his interests. A three-judge panel of the 11th Circuit Court of Appeals, which is considering their request for a political asylum hearing for Elian, on Thursday rejected the relatives' first request for a guardian. At the very least, the question has already become a political issue, and would become a major focus of promised congressional hearings if they take place. ``One can't turn back the clock,'' said Laurence H. Tribe, professor of constitutional law at Harvard. ``But the relevance of arguing about this and taking seriously the constitutional issues it poses is the threat of its happening again in the future.'' herald.com

To: chalu2 who wrote (17841)	4/30/2000 3:56:00 PM
From: greenspirit	Respond to of 769667

chulu2, I fear for our country when I see so many intelligent people willing to allow a government agency unilateral power to break into a law abiding citizens home, and point weapons in their face without so much as a court order. I am also concerned to see these same people unwilling to look at the complexities of this case. And I can see that no matter what I write, people have closed their mind to the actual legal issues involved. Sometime in the future, either through a suit or other process. I am confident a court will judge these actions by the justice department and the INS to be illegal. Most people will probably forget about Elian and the breakin by then. However, I will remember, and remind the people on this thread when it happens. (if this thread still exists) Michael