Circuit Court ruling: a wolf in sheep's clothing

Jose G. Perez jgperez at SPAMnetzero.net
Thu Jun 1 22:22:12 MDT 2000


    The unanimous Appeals Court ruling in  the Elián González case is
another outrageous imperialist provocation against the Cuban revolution.

    This much is clear from a reading of the ruling, despite its ostensible
"pro-Elian" stance.

    In just about every way that counts, the court has CONTINUED and
EXTENDED the kidnapping. They've given Lázaro carte blanche to continue
acting in Elian's name, and now with all the force and authority of a
federal appeals court that has listened to --and REJECTED-- the father's
claim to speak for his son.

    They did, of course, avoid the obvious idiocy of ordering a political
asylum hearing for a six year old, of openly defying the executive branch.
Not EVEN Republican judges in Georgia are so stupid in an election year, not
with polls running the way they are.

    But it takes no reading between the lines to see that the court plainly
disagrees with the idea that Juan Miguel should speak for his son, and is
determined to do everything it can get away with to prolong the torture of
this family.

    First, instead of recognizing that NOW that Elian is back under the
direct care and supervision of his father, and that the Florida courts have
dismissed Lázaró González's suit for custody NOT ONLY because of federal
precedence but because Florida laws DO NOT ALLOW such distant relatives to
even FILE this kind of custody challenge, there is not the slightest pretext
for continuing to allow Lázaro and the mafia to pursue this lawsuit in
Elian's name.

    To do so places the court in an absurd position: Elián González becomes
not ONE person, but multiple competing persons in the courts. There's about
a half dozen great uncles and aunts just in Florida, not to mention closer
relatives, like grandparents, stepmothers, brothers and first cousins. With
this court's completely LAWLESS approach to who can speak for a child, we'd
have a half dozen "Elián González, plaintiff" lawsuits vying with each other
seeking different remedies.

    Of course, that's not what the court intends. The court intends that
those lawsuit filed by the right-wing gusano mafia be allowed to proceed. It
is a purely political decision, not the slightest pretense to legality about
it.

    Lacking even a smidgen of a legal theory with which to cloak this
lawless trampling of parental rights, the court simply refuses to grant Juan
Miguel's petition that he be recognized for what he is, the child's father.
The "honorable" and "learned" court does not even TRY to justify granting
Lázaro the right to continue acting on Elián's behalf, dismissing the issue
of standing (in a footnote):

Also before this Court is a recently filed
motion of Intervenor, Juan Miguel Gonzalez, to
remove Lazaro Gonzalez as Plaintiff's next friend
and to substitute Plaintiff's father as next
friend. Notwithstanding that much has happened
since Lazaro brought this suit as Plaintiff's next
friend, Lazaro (aided by a troop of seasoned
lawyers) has completely and steadfastly pressed
Plaintiff's claimed rights in the district court
and in this Court. We see no powerful reason to
make a change at this point. We, therefore, deny
Intervenor's motion to remove Lazaro and to
substitute Intervenor as next friend for the
purposes of this litigation.

    This speaks to the "seriousness" of these robed reactionaries of the
ruling rich.

    For the first question a judge must ask when someone shows up in her
courtroom demanding that the court force someone else to do something they
don't want to is: and who are you?

    This court's idea of standing is simply that plaintiff be "aided by a
troop of seasoned lawyers." Which, of course, reminds one that the honorable
judges are themselves lawyers, and what this comes down to is a call on
lawyers to pig out. If I were the honorable magistrates, I'd remember that
today's pig is tomorrow's bacon before calling too much attention to how
well seasoned lawyers are.

 As for the rest of it, the judges make themselves a sounding board for just
about every stupid irrelevant reactionary slander against the revolution
they can think of, suggesting that those are plenty good reasons for the
government to steal a child away from his parents, even if the Feds in this
case decided not to do it.

    By this action, the court INVITES the reactionary Miami mafia to extend
the case to the Greek Calends.

    This ruling merits one response and one response ONLY: a loud cry of
BULLSHIT!

    Notice just what is absent from the ruling:  the learned discussion of
the congressional enactments that empower the courts to prevent people from
leaving the U.S. when they want to. A learned discussion of just what it is
IN THE LAW that prevents someone from leaving the country, EVEN IF they have
filed a valid petition for political asylum. The ban on Juan Miguel taking
his family from this country is an act of arbitrary judicial tyranny with
absolutely NO foundation in law.

    Down with the hypocritical farce of the U.S. "Justice" system!

    Free Elián and his family and send them home NOW!

Jose

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