Cuban leadership repudiates prolongation of the kidnapping

Jose G. Perez jgperez at
Thu Jun 1 23:14:02 MDT 2000

    Revolutionary Cuba has roundly condemned the deceptive Court of Appeals
ruling, which, while claiming to uphold Juan Miguel's rights to speak for
his son in immigration matters, in reality instead ratifies the "right" of
that impostor Lázaro González to continue acting on Elian's behalf in court.

    A statement by Cuba's "Revolutionary Leadership" read at tonight's
televised round table discussion on the Elián case (with Fidel in the studio
audience) calls for a mass mobilization of half a million Cuban women
tomorrow morning to respond to this new imperialist outrage. It apologizes
to the population of the capital for the disruption this entails; and warns
that these disruptions may continue for several days.

    People should not be deceived because formally the court says the INS
did not abuse its discretion when it said only Elian's dad can speak for his

    THERE ARE NO SUCH PROCEEDINGS GOING ON. The ONLY proceedings involving
Elián are those IN COURT. And *there* these swine have REFUSED to recognize
Juan Miguel's parental rights. This is such a blatant and outrageously
illegal position that the judges don't even TRY to justify it. But by giving
the Appeal Court's seal of approval to Lázaro acting on Elian's behalf, they
have opened the door to all kinds of judicial mischief, including THREE more
avenues of appeal (to the same three judge panel; to all 12 appeals judges
en banc; and to the Supremes). That'snot even counting things like writs of
habeas corpus and other collateral attacks AFTER all appeals are exhausted.

As if this weren't enough, they have ALSO *extended* (instead of
extinguishing) the order to Elian not to leave the country, making Juan
Miguel and his family prisoners of the 11th Circuit. In essence they
declared Juan Miguel the winner and as first price handed him a lump of
coal, reserving the cadillac as consolation price for the "losers." If
Lázaro and Marisleysis aren't doing a victory jig that is, frankly, because
we are not dealing here with some of the brightest bulbs on the Christmas
tree. I mean it's one thing to shine a little less brightly, with these
people, you can't even tell whether there's electricity flowing or not.

    These judicial pigs of the 11th circuit need to be told where to get
off. NOBODY died and left them God. They want to keep Juan Miguel here
hoping to bribe him or break his spirit, incredulous that Juan Miguel could
really be what he pretends to be: a class-conscious, communist worker. The
three little pigs of the 11th Circuit probably won't get it that there are
plenty more where Juan Miguel came from until they're roasting on a spit.

    Friends of Cuba should not be deceived by the sugar-coating on the
Appeal Court's decision. The OPERATIVE part, the one that counts RIGHT NOW,
in the REAL world, is footnote number 7:

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.

I think by the morning these robed reactionaries of the ruling rich will
begin to see about a half million "powerful reasons" why they should not
have so lightly dismissed the LEGITIMATE claims of a Cuban father in favor
of those of an IMPOSTOR.

The fact is, that every step of the way since last January, ALL branches of
the U,S. government have recognized Elian's and Juan Miguel's rights IN
THEORY while denying them IN PRACTICE. The ONLY exception was the raid,
which Reno undertook under Juan Miguel's deadly serious threat of going to
Miami along with any Americans willing to back him up to take back his son

It may well be that now the only practical course left to Juan Miguel is not
just to threaten direct action, but to do carry it out. He promised to stay
until the appeal courts ruling and he has kept his promise. He is under no
moral or political obligation to do more. The Appeals Court has ostensibly
ruled in his favor. Juan Miguel is perfectly entitled to now act in defense
of the well being of his family. We must be ready to stand with him in
whatever action he considers it proper to take to achieve that goal.



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