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.''