Justice Department denies claims it staged Elian raid without a warrant
Father won't see Miami relatives for time being
From staff and wire reports
ANDREWS AIR FORCE BASE, Maryland (CNN) -- Federal agents who seized
Elian Gonzalez from the home of his Miami relatives were acting legally
and had
a warrant, U.S. Justice Department officials said Sunday.
The armed raid on the Little Havana home sparked protests from Cuban
Americans and some Republican politicians who questioned whether the
military-style operation was legal and backed by proper paperwork.
But Justice Department officials said agents were executing a judicial
warrant,
which had been "obtained from a federal magistrate judge on Friday evening,
and
gave authority to enter the house, by force if necessary, and recover Elian."
CNN on Sunday obtained a copy of the search warrant.
As arguments surrounding his seizure continued, 6-year-old Elian and his
father spent Easter
Sunday together. Juam Miguel Gonzalez had earlier said he didn't want to
see the boy's Miami
relatives "right now."
Attorney: 'It's time for peace for the boy'
"It's time for some peace for the boy," said attorney Gregory Craig on
CNN's "Late Edition."
"A chance in solitude and privacy to reconnect with his family."
The Rev. Joan Brown Campbell, who spent time with Elian and his father
Saturday, said Juan
Miguel Gonzalez didn't say the Miami relatives could never see the boy,
but he wanted some time
with his son alone.
"I think some space does need to happen, though, between that family (Miami
relatives) and the
family into which Elian was born," she said.
U.S. immigration agents seized Elian from the home of his Miami relatives before dawn Saturday.
A contingent of the Miami relatives, including Marisleysis Gonzalez, Elian's
21-year-old second-
cousin, and Lazaro Gonzalez, his great-uncle, flew to Washington on Saturday
to see the boy,
but was turned away from the Air Force base where Juan Miguel Gonzalez
and his son were
staying after their reunion Saturday. The Miami relatives were accompanied
by U.S. Sen. Bob
Smith, R-New Hampshire.
Plea to see Elian
In a tearful and protracted appearance at a news conference in Washington
on Sunday,
Marisleysis, who says she was Elian's primary caretaker during his five-month
stay in Miami,
repeatedly accused the federal government of child abuse.
Referring to the 5 a.m. raid in which armed federal agents took Elian from
Lazaro Gonzalez's
Miami home, Marisleysis said the agents trashed the house, pointed guns
at other children inside,
kicked a television cameraman and ordered her to "give me the damn
boy."
Marisleysis repeated her plea to see Elian. "I think I have the right to
see this boy," she said. "I will
not leave until I see this boy."
Craig said it would be difficult to hold a family reunion in such an emotionally
charged
atmosphere.
"I would urge the relatives in Miami, if they truly want to get back together
with Juan Miguel and
his family, that they give me a call and let's talk about timing," Craig
said. "Let's discuss this in a
civilized way, rather than having national press conferences where demands
are made."
First photo of reunion disputed
During the news conference Marisleysis and Lazaro Gonzalez disputed the
authenticity of a
photograph that shows a smiling Elian being held by his father shortly
after their reunion on
Saturday.
"That picture that they showed with the father, that is not Elian. That
hair is not Elian's," said
Marisleysis, who claimed that his hair in the photo appeared longer than
in a photo taken inside the
house on Saturday during the removal operation.
On Sunday, attorneys for Juan Gonzalez released new photographs taken that
day and showing
Elian arm in arm with his father, having lunch, playing soccer, sitting
in his father's lap and with
his father, half-brother and stepmother on a bench.
Craig carried the undeveloped roll of photos to The Associated Press Bureau
in Washington,
D.C. Fred Sweets, assistant bureau chief for photos, said the film was
developed in the AP
photo lab.
"These are from a disposable camera," Sweets said. "I examined the negatives.
They are
authentic."
Smith: 'Violent abuse of power'
Smith, the Republican senator, said he was ashamed of his government's
action and his
party's inaction in the treatment of the Miami family.
"What happened yesterday was not the rule of law... it was a violent abuse
of power," Smith
said of Saturday's raid. "What happened yesterday morning was an armed
assault
on an innocent family."
Despite the Miami family's accusations of violence, White House press secretary
Joe Lockhart said a "minimum level of force" was used. He said members
of the
Gonzalez family in Miami "openly said they would not follow the law."
Elian spending time with his father
Elian, meanwhile spent Sunday with his father, his stepmother Nercy and
6-month-old half-brother Hianny at the air base. The family made no public
appearances Sunday morning.
Craig said earlier that the Cuban family would stay at the base for a couple
of
days of quiet time before moving to another location.
Elian was seized on authority of the U.S. Department of Justice, which
ruled that
the boy's Cuban father was his legal guardian, instead of his Cuban-American
relatives in Miami. The Miami relatives fiercely oppose Cuban President
Fidel
Castro and want Elian to remain in the United States.
Elian's fate, however, remains unsettled. The courts ultimately will rule
on whether
the boy should stay in the United States. A federal appeals court, scheduled
to hear
the case May 11, is expected to rule on whether Elian may file for political
asylum.
Protests in three states
The raid, dubbed by the federal government "Operation Reunion," took just
minutes to
complete. It started about 5 a.m. Saturday, when federal agents in riot
gear smashed in
the door of the house. They grabbed Elian from Donato Dalrymple, a fisherman
who
rescued the child from the Atlantic Ocean in November. Agents wrapped the
crying child
in a blanket and dashed away with him in a white van. The boy was flown
by government
jet to Maryland.
Once word spread that Elian had been taken, protesters crowded the streets
around the Gonzalez home. Some demonstrators started street fires and
struggled with police carrying batons and shields. More than 290 people
were
arrested.
Also on Saturday about 300 demonstrators in New Jersey, angered by the
federal
action, blocked traffic for 20 minutes in front of the Lincoln Tunnel connecting
New Jersey with New York. Protesters also marched near the United Nations
in
Manhattan, and at the Cuban Mission there. No arrests were reported.
Elian was rescued as he was clinging to an inner tube off the Florida coast
last
November 25. His mother and 10 others drowned when their boat sank while
trying to reach the United States from Cuba. In addition to Elian, two
others
survived.
Correspondents Brian Cabell and Kate Snow and The Associated Press contributed
to this report.