The Miami Herald
April 20, 2000

Perilous choices confront Reno after court loss

BY DAVID KIDWELL AND FRANK DAVIES

 Attorney General Janet Reno's tough choices got even tougher on Wednesday,
 Justice Department insiders say.

 Elian Gonzalez's Miami relatives have no reason to negotiate after a favorable
 court ruling, they said. Any effort now to keep Reno's promise of a speedy reunion
 with the boy's father could be perceived as heavy handed, in light of a court ruling
 Wednesday that cast doubt on the final outcome of the high-profile custody case.

 The ruling ordered that Elian remain in the United States until court appeals of the
 political asylum bid on his behalf are exhausted, but the court skirted the issue of
 who should have custody of the boy.

 That decision belongs to Janet Reno.

 She can either wait and keep trying for a negotiated end that likely will never
 come, or she can send U.S. marshals to take the boy and carry him through a
 crowd of emotional protesters whose hopes for Elian's life of freedom in the United
 States have once again been buoyed.

 RISK GROWS

 For Reno, this case has become more risky and more volatile. Even those close
 to her disagree on what she might do.

 Some involved in the case speculate she will keep her promise to the father and
 move to take the child.

 Others say there is more reason now for Reno to continue her ``measured and
 thoughtful'' approach. The stakes are too high in Miami, they say, for Reno to be
 perceived as thumbing her nose now.

 Four Justice Department sources involved in the case -- all couching their
 comments as speculation -- have widely different views on how the case may play
 out in the next few days.

 ``This [court decision] just took the wind out of our sails for those of us who
 wanted prompt enforcement,'' said one high-level Justice Department source.

 Said another: ``The negotiations are over, and she knows it. And she has said all
 along she intends to enforce the law. I don't think she can back down now just
 because of incorrect perceptions of people in Miami.''

 Here's the case being made within the Justice Department for promptly removing
 Elian from the custody of his Miami relatives:

 Negotiations with the Miami family have stalled, and Wednesday's court ruling is
 likely to prompt them to dig in even deeper.

 Reno still sincerely believes Elian belongs with his father. She has promised Juan
 Miguel Gonzalez, and she believes the law is behind her.

 Wednesday's court ruling does not preclude the reunion but orders only that the
 child remain in the United States -- an order his father has agreed to honor.

 If Elian's wishes are to be considered at a future asylum hearing, a few weeks
 with his father in Washington could help reestablish their emotional ties.

 Here's the case within the Justice Department for waiting and trying to reopen
 negotiations:

 For months, Reno has taken a ``measured and thoughtful'' approach to avoid a
 confrontation. Why change course now?

 With the court's ruling, Reno's position is weakened. It is now more conceivable
 Elian's Miami relatives will prevail. Reno does not want to be perceived as being at
 cross purposes with the courts.

 Champagne corks are popping in Miami after a short-term victory. To take the boy
 through that crowd now would be perceived as more of an affront than a week ago
 when the family seemed almost resigned to defeat.

 Reno has canceled a trip to Montana on Thursday for a ceremony with Cheyenne
 Indians, and intends to use that time in a strategy session with top advisors.

 ``I think it is very premature to speculate either way,'' said one high-level federal
 source involved in the case. ``The wording of that ruling was a bit surprising to all
 of us, but she remains committed to enforcing the law.''