BY JAY WEAVER
A federal appeals court judge Tuesday barred Elian Gonzalez from
being taken anywhere
in the United States outside the control of the courts, such
as the Cuban mission in Washington,
D.C., or a Cuban official's home with diplomatic immunity.
''Elian Gonzalez is enjoined from going to any place within the
United States lying beyond
the power and jurisdiction of the courts of the United States,''
U.S. Circuit Judge James L.
Edmondson ruled.
Earlier Tuesday, attorneys for the 6-year-old boy asked the 11th
Circuit Court of Appeals
in Atlanta to prevent his father Juan Miguel Gonzalez from taking
him to Cuban property
in the United States because Cuban officials ''could simply put
Elian on a plane . . . bound
straight to Cuba or a third-country way station.''
Last week, a three-judge appellate panel that included Edmondson
ruled that the
child could not be removed from the United States until his appeal
seeking a political
asylum petition is concluded. Oral arguments are set for May
11.
On Tuesday, the boy's attorneys also asked the appellate court
to appoint an
independent guardian to assess the best interests of Elian during
his appeal because
neither his Miami relatives nor his lawyers nor any of the relatives'
medical experts
can gain access to him now that he is with his father outside
the Washington, D.C.,
area.
Edmondson, in asking the government to respond to the attorneys'
request by today,
seemed to be open to the idea of naming a guardian.
''In their writing, [Justice Department officials] should especially
explain why the
court should not now appoint someone . . . to report to the court
directly on the
plaintiff's condition.''
After the seizure of Elian from his great-uncle's house on Saturday,
Elian's Miami
relatives and one of their lawyers tried to visit with Elian
outside Washington. But
Elian's father, who flew from Cuba earlier this month, rejected
their requests.
Kendall Coffey, another of the relatives' attorneys, said that
chilly reception left
them with no recourse but to ask the appellate court to appoint
a guardian who
would have the authority to talk with both sides and make a recommendation
to
the three-judge panel.
Coffey said a guardian is necessary to make sure the child is
not influenced by
Cuban diplomats to change his mind about requesting asylum.
To support this claim, Coffey filed an affidavit that says Attorney
General Janet
Reno told four negotiators gathered in Herald Publisher Alberto
Ibargüen's office
on Saturday that she had ''no knowledge of who was with the child
and no
authority to limit access to the child.''
Meanwhile on Tuesday, one of the United States' preeminent constitutional
scholars, Laurence Tribe, joined critics of the raid, saying
he believed the search
warrant was invalid.
Tribe, a Harvard law professor recognized as a constitutional
law authority, called
''absurd'' the government's position that Elian was an illegal
alien.
''He has an asylum petition pending,'' Tribe said.
He also criticized the government's position that Elian was ''concealed''
at Lazaro
Gonzalez's house a misrepresentation. ''It's as absurd as saying
Janet Reno is
being concealed at the Justice Department,'' he said.
Tribe initially voiced his criticisms in an opinion piece in The
New York Times on
Tuesday. When he wrote the piece, he had not read the affidavit
the government
filed with U.S. Magistrate Robert Dube in requesting the search
warrant.
In its request, the government said Elian was an illegal alien
and that Lazaro
Gonzalez was illegally restraining the boy in his home. The Immigration
and
Naturalization Service routinely obtains such warrants for removing
immigrants
with no legal status. But after reviewing the affidavit Tuesday,
Tribe said he still
thought the warrant was invalid.
Herald staff writer Mark Seibel contributed to this report.
Copyright 2000 Miami Herald