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hi,
things happen so fast these days. A bit of suspense would be nice. But... now you know what would have happened.
Carry on over here please:
nt
This is a Films/DVD asylum lets get back to it!!
MiKe
Yesterday the 11th court had rendered its decision and it threw out the government motion that the Cuban subject formerly known as father would be appointed the legal representative of the boy. Allowing the father to represent the boy would effectively end the case in Castro's favor.Lazaro remains the boy's representative at this point.
Both sides were ordered to prepare their papers and meet in the court on May 16th. They picked my birthday for reason, I am sure, they must be working on a present. Boy's father will not participate in aural arguments, but will be allowed to present papers.
According to the law, any allien present in the US is allowed to ask for assylum, and that is what the Lazaro on behalf of the boy is doing now.
In a letter dated Dec 1 1999 the INS told the relatives that their issue shoud be resolved in a family court, outside of the INS jurisdiction.
There is a small chance that Reno will be indicted on charges of violating the law.
All in all, I was too pessimistic yesterday.
late,Can you imagine the pressure he was under by the Mayor and the governor to keep the agressive crowds close to the press, so that political hay could be made to help the Republican presidential bid? It must have been awful for him--against everything his badge stands for.
I think I understand why it's hard to resist responding to the statements put forward by our audio/film friends. There may be folks reading these posts and wondering that if these statements go unchallenged, they must be acceptable. I think we've made our case already for those who care about it, as for the rest:
" I didn't read most of it." --VK
Yes Victor, and you pretend to understand none of it. I know you are an intelligent, educated man, a person of some influence in the audio community, and certainly of some influence in this nuthouse. That’s why I’m disappointed that you chose this forum to air your political views, and why I can’t let them go unanswered.
There are two issues at stake here: one concerns the welfare and best-interests of the 6-year-old boy, the other concerns the politics of the upcoming presidential election. Let's address the boy first.
Sometimes difficult problems are easier to understand when you turn them upside-down. Let's see what happens by swapping the mother and the father of Elian, and playing-out the story with the rolls reversed. Now what we see is that for months the Miami relatives have resisted, most recently against a court-order in accordance with the due process of the law, returning the boy to his mother. How does that sound? A six-year-old boy who's lost his *father* during a terrifying ordeal, and he's being kept for months from contact with his *mother*. Not only by the Miami relatives, but with the support and assistance of the political players who profess their "Traditional Family Values".
The problem many people are having understanding this issue is because of "traditional family values"—which are, fathers can’t raise children properly, and should not have custody of them. Traditionally, it’s the mother who nurtures the children, and the father that gets drunk, beats them into submission, and leaves. It’s easy to make the claim that the boy should stay with the Miami relatives and not with his father. It’s harder to say the boy should be kept from contact with his mother—even an unfit mother is often granted custody (I know of what I speak, my wife was the legal child advocate for Philadelphia family court). This is the kind of sexual prejudice I cope with every day of my life. I am a full-time care-giver (I would like to say "father", but the stereotypical bias of that term does not automatically imply a tender, loving, nurturing, primary care-giver in the same what that the term "mother" automatically does) to my two toddlers. I see this bias everywhere I look, and it crosses all political, sexual, religious, economic and racial lines.
Let’s examine what is on the record about the Miami relatives, and see if we can predict what a Family Court might rule:
The owner of the home the boy has been in since Thanksgiving, great uncle Lorenzo, has twice been convicted of drunk driving. He doesn’t seen to have or been able to keep a steady job. He’s gone on record resisting the order of the 11th circuit court, telling the TV cameras that they will have to come and take the boy by force, and that he will use a handgun if necessary. The head of the household is an unemployed drunk with a handgun. He’s the new father-figure in the home with a six-year-old boy.
The "mother figure", the woman seen holding up the photographs that *prove* Elian has been drugged and is not really smiling in the arms of his father, has been in the hospital eleven times during these events, because of emotional problems. Eleven times—so far. Certainly these are stressful circumstances for this woman, and certainly this is proof that she is unable to cope with them—what can we guess about her ability to look after the emotional health of the boy? What will happen to the boy if she has one of her hospital episodes and Lorenzo decides to take the boy for a drunken spin around the block to shoot-off the handgun? Who will protect the boy then?
Perhaps the cousins will. They have been seen at the house with the boy. I’m talking about the two felons convicted of armed robbery. Nice traditional family value—I can understand why Bush wants the boy to stay there while the courts sort this out.
What a happy family life that boy must have, staying up late making videos, ditching school, learning about drinking and driving , hysterical conspiracy theories, and the economic power of weapons. It must feel like he’s suddenly living in a Magical Kingdom—the whole world revolves around him now. What will happen to him when this ends?
And what about Elian’s mother? What kind of a mother was she? It was the mother who forced the boy into a certain death situation—it was the mother who stole the boy away from his father, his grandparents, his teachers, his friends, his home, all without the permission or even the knowledge of the father, and left him alone in the dark, in the middle of the sea . What can we say about the mother’s judgment? Was it the mother’s dying wish that it would be better that the boy be torn to pieces by sharks, alone in the dark in the middle of the sea, or be raised by emotionally unstable, unemployed, drunken and violent distant relatives, than to be reunited with this lifelong friends and his father?
This Miami crowd is a sick, dysfunctional family.
Now let’s see what the father has to offer. He has by all accounts been a good father to the boy, and kept in daily contact with the boy even after he separated with the boy’s mother. He has a good job by Cuban standards. Some would like to believe that everyone in Cuba lives the same wretched life—a life so horrible that it’s better to risk nearly certain death than live one more day in Cuba. I don’t think this is realistic. I think that Juan is very smart. Perhaps he too has considered jumping into the Gulf stream and taking his chances, and then thought better of it: "Better Red Than Dead". He is playing the "good communist" game, and working the capitalist end as well, and seems to be making the best of it, living with hope and faith. He has a job, a marriage, a real "mother-figure"and a brother for Elian, and grandparents, and teachers and classmates and friends for Elian—people Elian has known all of his life—a real traditional family values lifestyle. There are no drunk-drivers and gun-toting robbers living in their house.
What speaks best for the life the father has provided for the boy in Cuba for six years now? Just look at the boy.
Now. If you are the judge and jury in family court, which family is in the "best interests" of Elian?
Imagine the pain of the father. This is something impossible for those who don’t have children to understand, but it is part of the very foundation of Western Civilization. There is no pain and suffering worse than a parent losing a child. None. It is the absolute worst-case scenario. Consider this:
"God so loved the world, that he gave his only begotten Son."
It is literally the Supreme sacrifice: to lose a child. I don’t expect those who don’t have children to feel the full emotional impact of this. It’s impossible for them to know what this means. Is that what we want for Elian’s father, just because he lives in Cuba? Is this another one of the "Traditional Family Values?" What tradition? Who’s values?
The politics.
Most people don’t vote, but that doesn’t prevent them from complaining about their government. In a democracy, you get the government you deserve. If you don’t like the politicians, it’s your own fault. If you don’t try to get involved and at least learn to be an educated voter, then you might just as well complain about the weather.Last night on Public Television, on the News Hour with Jim Lehrer, Republican candidate George Bush was interviewed for about 20 minutes. He spoke about the Elian case. He said he talked to his brother, the Governor of Florida, about this, both before and after the boy was returned to his father. Wonder what they talked about? Hummm…
Wonder why Trent Lott, the Majority leader, and Tom DeLay, the majority whip, and Jeb Bush, the Governor of Florida and brother of the candidate GW Bush, and the mayor of Miami who controls the police "protection" in little Havana, who am I forgetting…OH! The Republican candidate for president---I wonder why they would want to interfere, inflame, and criticize the INS, the justice department, and the Democratic administration? What possible ulterior motive would they have in delaying and extending the father’s suffering and the boy’s ordeal as long as possible, by dragging this though court after court, appeal after appeal, and insuring headlines and TV coverage with riots and gun photo-ops?
Hummm. Let’s see. How many Hispanics are there in this country, and where might their votes count the most—like in states with big electoral votes—key states necessary to win a presidential election? Humm. Let’s see. Well, there’s Florida, New Jersey, California, New York, Texas, and Arizona, New Mexico…that’s a lot of votes. Hey, if we can get together with the politicians in those states, and make some promises if they will keep the pot stirring so we can influence the Hispanic vote, maybe we can win this election! We can demonize the INS, force them into a confrontation where they have to use guns and armor to protect themselves. An armed INS raid, on TV! Something that will resonate with every Hispanic in the country, and then some. Gotta love those dirty tricks! Screw the boy and his father! We’re in it to win it. Divide and conquer—the politics of hate.
Sure Castro is trying to make political hay out of this family’s tragedy, and the Republicans are playing along, Castro is actually helping the Republican goals: to keep this family circus in the news as a political issue to use against the Democrats. The Bush brothers certainly have enough power and influence to have enabled an early and peaceful, gun-less, transfer of the custody of the boy—but they had nothing to gain by it, and everything to lose. It is the Bush Brothers who forced the photo-op with the guns and the night-time, door-busting raid by the INS—to inflame the Hispanics against the Democratic party—their traditional patrons. How cynical the republicans are about the gullibility of those people, and how correct, and how sad for the family.
One final thing, I don’t understand Victor, that you as a gun-liker, are upset by the proper, legal and appropriate use of weapons by trained, professional law-enforcement officers.
**"It used to be that troopers like that were involved when someone's life was at stake, not the political future of few spotty characters."**
This event played into the hands of both Castro and the Republicans. What strange bedfellows the political manipulation of this family has made. Both had everything to gain by this carefully-staged photo opportunity. The Democrats could only lose, but were forced into this corner, and forced to act when and how they did, putting the best-interests of the boy, and the rule of law, above petty partisan politics. "…the political future of few spotty characters" you are referring to are quite clearly the Republicans, and some Democrats who think they can make political hay with their Hispanic constituents by exploiting the boy.
Who will see clearly? Will the Hispanic voters unwittingly support both Castro’s objectives and the Republicans after what they have done to them—played them like pawns, duped them, lied to them, tricked them? How sad.
So I’m surprised Victor, that you don’t support the appropriate use of firearms by law-officers sent into a situation with aggressive crowds, and a home where felons who use firearms are known to inhabit, and that you aren’t pleased by the political penalty the Democrats have suffered because of it. Your outrage seems insincere to me.
Nothing illegal has been done by the INS or the justice department. The 11th circuit court has upheld their actions in every situation. If you believe something illegal has been done, I suggest you write your congressman and senators and urge them to act.
the defense rests.
why Lawrence Tribe, Harvard professor of Contitutional Law and *Democrat's* short-list candidate for the Supreme Court, is now part of the vast right-wing conspiracy.You're right; it's hard to resist responding. I may reply further to your latest posting, but I don't have the time at the moment.
this may go to the Supreme Court, because there are some pretty serious questions about the division of authority. Prof Tribe (my favorite legal scholar) may well be right. At this moment, i don't agree. But... i have no idea how it will play. Should be interesting.
Lastly, could you *please* not put words in my mouth? That will allow me to return the favor, thanks...
One other thing you seem to have missed PETEW, the Democratic candidate also condemmed the action. Maybe you could address the even more ridiculous relationship the current VP has with the INS.Tranny
Suppose Elian's mother had survived the boat trip to the US, would you allow Juan Miguel to come to the US to try and take him back?If so, why?
If not, why not?
Are you serious?
The question leads down a blind alley. The controversy centers around a motherless child. Give the kid a mommy and there is no issue.
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