CNN
January 11, 2000
 
 
Justice Department weighs response to court in Elian case

                  From staff and wire reports

                  MIAMI (CNN) -- U.S. Justice Department officials are deciding how to
                  respond to a Florida family court order that Elian Gonzalez, a 6-year- old
                  Cuban refugee, remain in the United States until a court hearing set for
                  March 6. The ruling allowed Elian's great-uncle temporary custody until
                  then.

                  Monday's ruling flies in the face of last week's U.S. Immigration and
                  Naturalization Service order naming Elian's father as his legal guardian and
                  ordering Elian to be returned to his father in Cuba by January 14.

                  "Today is a great day for Elian Gonzalez, and a great day for the Constitution
                  of the United States," said Spencer Eig, a lawyer representing the boy's great-
                  uncle. "Under the laws of the United States, Elian Gonzalez has a spokesman,
                  someone to fight for him: Lazaro Gonzalez."

                  Gonzalez had asked the judge to be appointed as Elian's guardian. A legal
                  guardian would be able to request asylum status for the boy, who cannot
                  file such a request himself.

                  Elian has been living with relatives in Miami since he was found clinging to
                  an inner tube off the Florida coast on November 25. The boy was one of
                  three survivors of an escape voyage from Cuba that claimed the lives of his
                  mother, his stepfather and eight other people.

                  "We call upon Attorney General Janet Reno and the Justice Department to
                  recognize this ruling," said Eig.

                  Judge: Evidence that Elian could be harmed in Cuba

                  In her ruling, Judge Rosa Rodriguez, said the petition from the boy's Miami
                  relatives "contains sufficient verified allegations that if emergency relief is not
                  granted and Elian is returned to Cuba he would be subjected to imminent
                  and irreparable harm, including loss of due process rights and harm to his
                  physical and mental health and emotional well-being."

                  As part of Rodriguez's ruling, Elian's father, Juan Miguel Gonzalez, must
                  appear at the March hearing. Her order said that his "failure to appear may
                  result in a decision adverse to his interests." Gonzalez has said that he would
                  not travel to the United States to retrieve his son.

                  Justice officials question judge's jurisdiction

                   But law enforcement sources told CNN that some Justice Department
                   officials are questioning whether the state court has legal jurisdiction to
                   block any INS action in the matter.

                   INS spokesman Mike Gilhooly said: "The INS has no plans to do any
                   enforcement action on Elian. We have no plans to change the custody
                   arrangement of him being with his Miami family." He did not elaborate.

                  Immigration experts are also questioning the court's ruling. "The attorney
                  general has the authority to step forward and say that they have no right or
                  what we call jurisdiction to hear the matter," said immigration attorney Ira
                  Kurzban.

                  Bernard Perlmutter, director of the University of Miami's Children and
                  Youth Law Clinic, said the judge's decision was "politically popular," but
                  legally wrong. He said the INS can ignore Rodriguez's decision and return
                  the boy to Cuba.

                  In Havana, when the ruling was announced, thousands of Cubans were
                  already crowding around the U.S. Interests Section for a pro-Elian rally.
                  Hassan Perez, president of the government's Federation of University
                  Students, called the ruling "illegal and arbitrary."

                  Burton reacts to court ruling

                  The INS has been reviewing another issue in the case of Elian, a
                  congressional subpoena issued Friday by Rep. Dan Burton, R-Indiana,
                  chairman of the House Government Reform Committee. The subpoena
                  orders Elian to appear before the committee on February 10. Traditionally,
                  witnesses subpoenaed by the committee are required to remain in the United
                  States.

                  Following the judge's ruling, Burton was asked if the subpoena will now be
                  canceled. "We may do that," Burton said. "I want to see what happens in the
                  next few days. I want to see if the court works in a legal and expeditious
                  manner."

                  Burton also said, "I'm happy that the court has agreed to hear the case. It
                  makes it clear that the boy will not be sent back."

                  Burton said he doubts that Elian ever will appear as a witness before his
                  committee. He said the subpoena was simply a way to protect Elian from
                  being returned to Cuba before the court could hear his case.

                  Gore and Clinton at odds on matter

                  U.S. Vice President Al Gore has even become involved, questioning earlier
                  Monday whether the INS had the expertise to decide Elian's fate.

                  "I'd like to see the dispute adjudicated in our courts, where traditionally
                  questions like what is best for this child are decided," Gore said in an
                  interview on NBC. "This child's mother died in an effort to get her child's
                  freedom."

                  Clinton, who backs the INS ruling, would not comment directly on Gore's
                  comments.

                  "Anybody's free to express their opinion about this, on whether they think
                  they did right or wrong," the president said. Neither he nor Gore would
                  comment on Burton's subpoena.

                   Correspondent Mark Potter, Justice Correspondent Pierre Thomas, Havana Bureau Chief
                         Lucia Newman and the Associated Press contributed to this report.