Justice prepares for next move in Elian case
Jerry Seper
THE WASHINGTON TIMES
Justice Department officials sought to regroup
Thursday after suffering a stinging rebuke by a federal appeals court that
blocked the government's attempt to send Elian Gonzalez back to Cuba.
Attorney General Janet Reno met with key advisers,
including U.S. Immigration and Naturalization Service Commissioner
Doris M. Meissner, to discuss their next steps.
In Miami, where Elian's relatives celebrated
the court's Wednesday afternoon decision, the boy's great-uncle Lazaro
Gonzalez
offered to bring Elian to meet his father, Juan Miguel Gonzalez, whom
he has not seen since he left Cuba in November.
The great-uncle, who had refused a meeting
previously for fear that Elian would be snatched from him, said he felt
reassured
by Wednesday's court order ensuring that the 6-year-old cannot be removed
from the United States.
"It's time that the family got together to
deal with this as a family — no preconditions, no government, no lawyers,"
said Miami
attorney Kendall Coffey, who represents the Miami relatives.
"Rather than insist that the boy go to Washington
to see the father, why can't a grown-up get on a plane and come down to
South Florida?" he added. "Maybe he should come down this Easter?"
In Washington, Juan Miguel's attorney, Gregory
Craig, said any meeting must begin with the father being given custody.
"It is long past time for this boy to be reunited
with his father," he said. "The only meeting that we really care about
is the
reunion with the son."
In a televised appeal Thursday afternoon,
the father also urged the American people to write and call President Clinton
and
Miss Reno to urge immediate action to reunite him with his son.
"Don't let them continue to abuse my son,"
Juan Miguel said in Spanish outside the Cuban diplomat's Bethesda, Md.,
home
where he and his wife and infant son have been staying. "I really wish
to be with my son. He belongs with me."
Justice Department officials were considering
several options Thursday.
"We are taking stock, considering our next
move," said INS spokeswoman Maria Cardona. "We were surprised by some of
the
language" of the court ruling, but "it doesn't preclude us from reuniting
Elian with his father."
The department's options include:
• Asking the full 11th Circuit Court of Appeals
in Atlanta or the U.S. Supreme Court to lift the stay on removing Elian.
Department lawyers say the government and Juan Miguel have already
offered to stay in the country until an asylum hearing
scheduled for May 11.
• Petitioning a federal court to order Lazaro
Gonzalez to comply with instructions he already has received from Miss
Reno and
the INS to hand over the boy. The department made a similar request
of the 11th Circuit Court, which declined to review the
question.
• Leaving Elian in Little Havana until the
May 11 hearing on the appeal by the Miami relatives that he be granted
political
asylum. The appeal also will be heard by the 11th Circuit Court. This
option could include facilitating a meeting among the father,
the son and the Miami relatives.
• Sending INS agents and U.S. marshals to
forcibly remove the boy from the Miami home and returning him to his father
in
Washington. Mr. Clinton said Thursday he saw no reason why that should
not happen, but Miss Reno has said she wants to
resolve the situation as peaceably as possible.
Justice Department officials said they are
still hoping for a private meeting of the family — which Miss Reno initially
proposed
during her trip last week to Miami. The government had offered to fly
the family members to Washington as part of a transfer of
the boy to his father.
One possible meeting site is a U.S. Postal
Inspection Service training facility in Potomac, Md., known as the William
F. Bolger
Center for Leadership Development. It is located behind fences on several
acres and has an on-site dormitory, dining facilities,
classrooms and a fitness center.
There also have been discussions about possible
private sites in Florida, including Orlando.
Linda Osberg-Braun, an attorney for the Miami
family, said her clients preferred to hold the private meeting "within
driving
distance" of the South Florida home.
The family does not object to Elian attending
at least part of the meeting, but adamantly rejects Mr. Craig's central
condition
that the father assume custody at any such meeting.
The atmosphere was much less tense Thursday
outside the Miami house, where the familiar crowd of demonstrators showed
up to support the family's fight. Elian, who has not left the property
in seven days, emerged occasionally from the house to play in
the side yard with cousin Marisleysis and with visiting friends.
Many in the crowd sang hymns and said prayers,
saying they were still not certain the federal government would not move
to
seize the boy.
On Wednesday, a three-judge panel of the federal
appeals court supported an order against removing Elian from the United
States until the May hearing, saying his application for asylum had
"arguable merit."
"Not only does it appear that plaintiff might
be entitled to apply personally for asylum, it appears that he did so.
According to
the record, plaintiff — although a young child — has expressed a wish
that he not be returned to Cuba," the court said.
It extended a temporary injunction issued
last week that keeps Elian in the country and turned aside a government
request to
order the family to give up custody of Elian. The court also rebuked
the INS for its handling of the boy's asylum request, saying it
appeared the agency never sought to interview Elian "about his own
wishes."
The three judges are J.L. Edmondson, appointed
to the bench in 1986 by President Reagan; Joel F. Dubina, named in 1990
by
President Bush; and Charles R. Wilson, nominated last year by Mr. Clinton.
Judge Wilson is the only black judge on the circuit
court.
The order does not prevent the Justice Department
from taking Elian from the Miami house where he has lived since he was
rescued at sea in November.
Miss Reno, who on Wednesday night postponed
a trip to Montana to handle the Elian matter, said, "I believe Elian should
be
reunited with his father, and I said that all along."
At the White House, spokesman Joe Lockhart
said Mr. Clinton had spoken with Miss Reno for about 45 minutes on
Wednesday aboard Air Force One as the two traveled back to Washington
from Oklahoma and that he supports her effort to
reunite the boy with his father "in a way that is prompt and orderly."
Mr. Lockhart declined to comment on Mr. Clinton's
role in the decision-making process except to repeat that he was being
"briefed" on the status of the case.
• David R. Sands reported from Miami.