Judge to right-wing cabal: drop dead

Jose G. Perez jg_perez at SPAMbellsouth.net
Mon Jun 26 16:52:48 MDT 2000

    A D.C. Circuit Court judge has slammed the door in the face of a
notorious right-wing outfit that sought to prevent Elián González from
returning to Cuba.

    The group involved, judicial watch, is basically the legal arm of
the right-wing cabal around Pittsburgh multimillionaire Wiliam Mellon
Scaife which for years has been trying to witch-hunt Bill Clinton out
of office on trumped-up "scandals" like Whitewater and Monica

    Over the weekend, Lázaro González signed on as a judicial watch
"client," thus formalizing the alliance between the Miami Mafia and
the most openly reactionary, right-wing elements in American bourgeois

    This represents a further indication of the desperation of the
anti-Cuba groups. Previously these groups had sought to establish
relations and buy Congressional votes right across the political
spectrum. By allying with the ragtag right-wing rabble that was routed
in last year's impeachment fight, the anti-Cuba Mafia is burning
bridges to Democrats with whom it had worked in the past.

    In a one sentence decision Judge Henry H. Kennedy dismissed the
complaint with prejudice, meaning the lawyers are forbidden from
filing it again. Judge Kennedy cited the legal principle of "Res
Judicata," or the finality of judgments. This U.S. legal norm prevents
a litigant from getting yet another day in court by filing suit about
the same controversy a second time once a suit has been adjudicated.
In the D.C. action, the anti-Cuba lawyers claimed allowing Elián to
return home violated international human rights treaties.

    Meanwhile, the new joint Miami Mafia/right wing cabal legal team
has filed for "cert" before the Supreme Court and presented a motion
that Elián and his family be prevented from returning home pending a
Supreme Court decision in the case.

    They are appealing the District (lower federal) Court and Circuit
(federal appeals) Court decisions that the Immigration Service did not
abuse its discretion by deciding that, under the circumstances of this
case, only Juan Miguel González, Elian's father, could speak on behalf
of the boy, and that it would honor his request not to process asylum
application filed on Elian's behalf by one of his great uncles.

     The Supreme Court does not automatically hear every case
presented to it; four of the nine justices have to vote to hear a case
before it is put on the Court's agenda.

    Because of the prominence of the case and the fact that the
Circuit Court's order preventing Elian Gonzalez and his family from
returning home expires Wednesday afternoon, the court is expected to
take some kind of action Wednesday morning.

    If the court does agree to hear the case, and grants the lawyers
an injunction preventing Elián from returning to his home in the
meantime, it could mean a delay of many months. After Friday, the
Court goes into recess until October. (Nice work if you can get it!)
And a final ruling in the case could come as late as a year from now,
by the end of the Supreme Court's following term.

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