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“QUESTIONING THE DEPARTMENT OF JUSTICE ON ELIAN'S ABDUCTION” mentioning the U.S. Dept. of Justice was published in the House of Representatives section on pages H2617-H2618 on May 8, 2000.
The publication is reproduced in full below:
QUESTIONING THE DEPARTMENT OF JUSTICE ON ELIAN'S ABDUCTION
Mr. STEARNS. Madam Speaker, I come to the House floor to not talk about the debate whether Elian should be reunited with his father or not. I think the majority of Americans say he should. What I am here to talk about is the constitutionality of what was done by the Justice Department, and to pose some questions and urge our leadership on this side to hold hearings.
Regrettably, the American people, the Miami relatives of Elian Gonzalez and the Congress still do not have all of the answers which led up to the events that transpired on that Easter recess by the Justice Department and the Immigration and Naturalization Service.
Madam Speaker, of course, the world has seen that famous photograph by now of an INS SWAT officer pointing an assault rifle at Elian, that assault rifle was a Heckler & Koch MP5 submachine gun.
The Attorney General during Easter weekend, ordered armed forces into the house of Mr. Lazaro Gonzalez in order to free Elian and reunite him with his father.
What the world, Americans and Congress do not know are the events that led up to activities that transpired during and after the government's raid on a private citizen's home, just as the Congress did in the case of the Waco and Ruby Ridge. I think it is the responsibility of this legislative branch to seek the truth and have government justify its actions in instances in which the sacred constitutional liberties of Americans have been jeopardized.
Madam Speaker, I submit this afternoon that there are many questions that still need to be answered, and we are not here to debate whether Elian should be reunited with his father. Those are answers that ultimately will be left up to the courts.
While the court struggles with the issue of immigration and family law, the Congress has the duty and responsibility to seek answers to the policies of the Justice Department that led up to the heavily armed Federal agents breaking into the house of peaceful American citizens, with agents pointing machine guns at American citizens in their own home and trashing their own home, too.
Just as important, oversight is needed to determine whether the judicial process was circumvented by the administration. Reports indicate that the nature by which the search warrants were issued were made under false pretenses. How many different judges did the administration go to before having the search warrant accepted? Did any of the judges refuse to issue a search warrant, and if so, on what grounds?
During the early days of Elian's arrival in the United States, the Justice Department and the INS were quick to point out that asylum and custody questions could only be answered in the courts.
What is the policy of the Department of Justice and INS when State courts do not agree with Federal agencies? Does the Attorney General have the power to overrule the decisions of State courts such as ones which decide custody measures?
In addition, Madam Speaker, why was the Justice Department not willing to await the outcome of Elian's claim for asylum before the 11th U.S. Circuit Court of Appeals? What does that say about how much weight the administration gives to our judicial branch of the government?
How will the Attorney General justify her actions if the 11th Circuit decides Elian's asylum claims are true in manners which contradict the Department's actions?
What constitutional authority does the Federal Government have in executing search warrants in cases that are not criminal? In how many other cases has the INS broken down doors and used armed agents in custody cases?
Additionally, why did the Attorney General feel compelled or pressured to use overwhelming armed force when Elian's life was not in danger?
The negotiations were still taking place at the time the INS broke down the door and trashed the Gonzalez house. Should it be the policy of the INS to present the possibilities of deadly force when confronting situations which are not criminal? Additionally, Gregory Craig, the attorney for Juan Miguel, also happened to be the attorney for the President during the impeachment trials.
Elian's Miami relatives and the American people have a right to know what role Gregory Craig played during the shaping of the Department's actions. Furthermore, what contact did the administration have with the Communist dictator Fidel Castro?
Was the President influenced by another Cuban boat lift? These are some of the questions I have, Madam Speaker. I call on Congress to hold hearings because the people across this Nation have a right to know. As Americans, we have inalienable rights to certain freedoms and protections. When government officials threaten or encroach on those rights, it is our duty to hold them responsible.
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