Protesters, politicians, lawyers argue Elian's fate
MIAMI (AP) -- The spokesman for the Miami relatives of 6-year-old Elian
Gonzalez acknowledged Tuesday that he worked in the 1998 election
campaign of the judge who awarded temporary custody of the Cuban boy
to the child's great-uncle.
A check of campaign records by CNN showed that Armando Gutierrez
was paid $10,000 as a political consultant to Family Court Judge Rosa
Rodriguez.
"I see no conflict," Gutierrez told CNN. "This had nothing to do with her
choice, with her being chosen in this case. I had no contact with her."
The family court director, Celina Rios, released a statement later in the
day
saying that Gutierrez' role as a campaign consultant and the fees he was
paid
are a matter of public record.
Rodriguez was under no obligation, the statement said, to "disclose the
participation of any individual in a past campaign who is not an attorney
and
not a party in a pending legal matter before her."
Rodriguez, who is Puerto Rican, ruled Monday that Elian should stay in
the
custody of his great-uncle, Lazaro Gonzalez, until a hearing on the matter
scheduled for March 6.
Gutierrez said he had not spoken to the judge since two days after her
election. Gutierrez also said Rodriguez is just one of hundreds of political
candidates he has worked for, as many as 20 at a time.
"I feel very comfortable with it," he said.
Dispute over jurisdiction
Elian was rescued Thanksgiving Day clinging to
an inner tube in the Atlantic Ocean off the
coast of Florida. His mother and stepfather
were among 10 people who drowned when
their boat sank as they tried to reach Florida.
The U.S. Immigration and Naturalization
Service ruled last week that Juan Miguel
Gonzalez, the boy's father, is the only person
able to speak for him in immigration matters.
INS officials said the boy should be returned to
the father, who lives in Cuba, by this Friday.
Attorneys for the INS and the Justice
Department on Tuesday were working on a response to the state ruling.
State court rulings normally cannot override the actions of federal agencies.
One option the lawyers considered was asking a federal court to rule on
the
issue of jurisdiction.
Federal authorities said they have no intention of trying to physically
take the
boy into custody during the dispute.
Attorney General Janet Reno is the ultimate authority on custody issues
involving migrant children unaccompanied by adults, said David Abraham,
a
law professor at the University of Miami. Reno supports the INS decision
to
return Elian to his father by January 14.
"According to the well-established supremacy doctrine, as well as the
federal monopoly in immigration matters, the attorney general is under
no
obligation to heed this invalid order," Abraham said.
Bernard Perlmutter, director of the University of Miami's Children and
Youth Law Clinic, said Florida law says child custody rests with the natural
parent unless there is clear proof the parent is unfit.
Bill would grant child U.S. citizenship
"We are hoping the INS may back down," said Laura Fabar, one of the
attorneys for the boy's Miami relatives. She said the boy's father
would be notified of the March 6 hearing.
Another attorney for the family, Roger Bernstein, told CNN on Tuesday he
is filing a new petition with the INS seeking political asylum for Elian
on
grounds he would face persecution -- physical or psychological harm --
if
returned to Cuba.
He said he filed an earlier such request December 13 and followed up two
days later after the INS questioned whether Gonzalez had the legal authority
to seek political asylum for Elian.
Bernstein said he was waiting to see how Reno would respond to the
lawyers' request that she overrule the January 5 decision by the INS to
return Elian to Cuba before taking his petition for political asylum to
federal
court.
In the meantime, he said, if the INS ignores the state court ruling granting
temporary custody of the boy to his great uncle, "We will challenge them
in
federal court."
One lawmaker is trying to make an end-run around the INS through an act
of Congress.
"I'll be presenting the bill, it's called a special bill, to grant U.S.
citizenship for
Elian. I'll be doing it with other members of Congress, many of whom are
eager to have this legal protection for Elian," said Rep. Ileana Ros-Lehtinen,
R-Florida.
Meanwhile, Rep. Patrick Kennedy, R-Rhode Island, is one of several
House Democrats joining Rep. Dan Burton, R-Indiana, the House Reform
Committee chairman, in sending a letter to Reno on Elian's case. Most of
those signing the letter are Republicans.
The letter calls on Reno to "... make a public commitment that the Justice
Department will take no action to return Elian to Cuba, until he has had
the
opportunity to exercise all of the legal options available to him."
Burton on Friday issued a subpoena for Elian to appear before his
committee as a delaying tactic to prevent the boy's return to Cuba.
Speculation on father's wishes
Senate Judiciary Chairman Orrin Hatch, a Republican candidate for
president, urged Reno to delay the boy's return until "we ensure that the
boy's father's true wishes are followed, even if that requires bringing
his entire family here temporarily."
In her ruling Monday, Rodriguez called on Elian's father to appear personally
at the March 6 custody hearing, saying "his failure to appear may result
in a
decision adverse to his interest."
She also said she was convinced the boy would face imminent harm if he
was returned to Cuba now.
The family argued in its petition to the state court that Juan Miguel Gonzalez
cannot speak freely because of the "coercive nature" of the Cuban
government.
Bernstein said, "Elian's father cannot say, for example, 'Well I am glad
my
son is in America. That's what my ex-wife wanted. That's what I want.'
He
cannot say that without dire consequences."
Bernstein said when the elder Gonzalez was told his son was in Miami, he
said to the family "'Take care of my son.' After that his tone has changed."
'No more orphans to the embargo'
In New York on Tuesday, former U.S. Attorney General Ramsey Clark
accused anti-Castro activists in Miami of kidnapping as he led about 50
people, including community leaders, church activists and Cuban-
Americans, in a protest calling for the return of Elian to Cuba.
Eleven members of the group were arrested when they blocked the entrance
to the New York offices of the INS after Clark had left the protest.
Among those arrested was the Rev. Lucius Walker, director of Pastors for
Peace, who has been a vocal opponent of the U.S. trade embargo against
Cuba.
Clark said the embargo was the reason the boy's mother was driven to flee
the country and ultimately the reason she died.
"What incredible insanity is driving us to hold this child, to glorify
the
grossness of our materialism as if you can buy the soul of a child," Clark
said.
"There will be no more orphans to the embargo," he said. "We will end the
embargo, and we'll let Elian choose what he wants to do with his life when
he becomes an adult, and we know if we leave him alone, it will be great,"
he said.
Clark was attorney general under President Lyndon Johnson from 1967 to
1969.
The protesters vowed to demonstrate every week until Elian is returned
to
his father in Cuba.