.c The Associated Press. April 22, 2000
Text of Attorney General Janet Reno's news conference regarding the transfer of Elian Gonzalez to his father, as transcribed by eMediaMillWorks, Inc.:
RENO: Earlier this morning, federal agents in Miami began to reunite Elian Gonzalez with his father, and uphold the rule of law.
As I speak, Elian is safe, his is on a plane headed for Andrews Air Force Base in Washington, D.C., where he will be reunited with his father for the first time in five months.
When the two are reunited, they will remain in the United States during the appellate process while the injunction is in place. And in accordance with the court of appeals ruling, we will take every step necessary to ensure that Elian does not leave the country while the court of appeals
injunction is in place.
We have been to great lengths to resolve this case in the least disruptive manner possible. Up until the last, we tried every way we could to encourage Lazaro Gonzalez to voluntarily hand over the child to his father. Unfortunately, the Miami relatives rejected our efforts, leaving us no other
option but the enforcement action.
Elian Gonzalez is a child who needs to be cherished, who needs to have quiet time and private time, and to be with his father. And that is what this case is still all about--the bond between a father and a son. Juan Miguel Gonzalez wants to be with his son, and that will happen now.
More than three months ago, the INS determined that only Juan Miguel Gonzalez could speak for his son on immigration matters. From that moment, I could have taken action to return Elian to his father, but I did not. Instead, I gave the Miami relatives a chance to challenge my decision in federal
district court. They did, and the court sided with the government. It ruled that this was a federal case and that the INS was right to say that the father speaks for the child.
Two weeks ago, a state family court turned away the Miami relatives as well. In a strongly worded opinion, the judge said not only that the matter belonged in federal court, but that a 6-year-old boy is far too young to make life-altering decisions on his own.
That same week, I traveled to Miami to try to encourage the family members to work out a resolution. The relatives in Miami said all they wanted was a meeting with Juan Miguel Gonzalez before turning over the child. But when I arranged that meeting, they still refused to produce the child.
Every step of the way, the Miami relatives kept moving the goal post and raising more hurdles. That is why I finally directed the relatives to turn over the child nine days ago.
That deadline carried great significance. When Lazaro Gonzalez didn't comply, parole and care was revoked. That means that for the past nine days, Lazaro Gonzalez has not had lawful custody of Elian.
When the INS places an unaccompanied child into the care of an adult, that adult is required to comply with the directives of the INS. To maintain, as the Miami relatives did, that the INS somehow lacks authority over the immigration parole of a minor in the U.S., simply ignores the law.
So this morning, I commenced an operation, with the paramount concern being the well-being of Elian, the safety of the agents and others. After negotiating through the night, I informed the parties that time had run out. At that moment, I gave the go-ahead for the operation.
After I had set the operation in motion, the intermediaries called back to offer one more counteroffer. I indicated that I was willing to continue to engage in dialogue, but that time had run out.
I did, until the final moments, tried to reach a voluntary solution. Law enforcement personnel were on the scene, were authorized to and did make the final call as to when to enter the Gonzalez home, because this was a very carefully timed law enforcement operation.
Eight agents were in the house during the operation. They were there for three minutes. During that time, a female agent picked up Elian and spoke to him in Spanish. The agents then took Elian to Watson Island, where they bordered a helicopter bound for Homestead Air Force Base. There he was
examined by a doctor to make sure that there were no injuries. At that point, he was bordered onto a U.S. Marshal's plane headed to Washington, D.C., where is father was anxiously awaiting for his son.
This has been a very emotional case for everyone involved. The most important thing is that Elian is safe and that no one was seriously hurt.
As we all await the outcome of the appellate process, I think it is important for us all to accept Elian's long overdue reunion with his father. It is time to heal wounds that have divided a community. It is time to help this little boy heal from the tragedies that he has experienced.
Let us give him and his father the space, the calm, the moral support they need to reconnect and reaffirm their bond between father and son.
Thank you.
QUESTION: Ms. Reno, the image that was released this morning by a photographer inside the house, of a federal agent with his gun drawn and pointed toward Elian, and Elian anguished, looking on, is going to summarize this raid. So I ask you now, why was that necessary? Why was that level of force
necessary?
RENO: One of the beauties of television is that it shows exactly what the facts are. And as I understand it, if you look at it carefully, it shows that the gun was pointed to the side, and that the finger was not on the trigger.
It is important in these situations to look carefully and to understand the facts and to understand that we had received information that there were guns - perhaps in the crowd, perhaps in the house; it was unclear - but that the safety of all involved was paramount. And when law enforcement
goes into a situation like that, it must go in prepared for the unexpected.
QUESTION: After the reunion at Andrews, where will Elian and his father be staying?
RENO: Somewhere in the Washington, D.C., area.
QUESTION: Will that be in the Cuban mission or, you know, Cuban home of the diplomat or somewhere else?
RENO: We shall see. At this point, it is important that they be reunited.
QUESTION: So you haven't set any parameters?
RENO: I would let Commissioner Meissner comment if there was any further comment to be made.
DORIS MEISSNER, COMMISSIONER, IMMIGRATION AND NATURALIZATION SERVICE: I think the general marshal and I can answer that he will be in the Washington area. He will be at Andrews Air Force Base for a short period, and then he will be somewhere else in the Washington area. There are no plans
presently that he be at the home where the father is presently residing.
QUESTION: Are specifically not disclosing the place or is it undermined yet?
MEISSNER: It has been determined, but we're not yet disclosing it.
QUESTION: Has the interests section been precluded, or is that still a possibility?
MEISSNER: They need more space. They need more space, and they need more privacy. And so it's in the interests of space and privacy that the location will change.
QUESTION: Ms. Reno, can you describe a little bit about how the negotiations broke down? What was lacking?
RENO: As it ended initially, we had tried to put together something achieved the goals of everybody concerned, for the father to have the parole and care of his son, for there to be a transition period, and we just were not able to work out the details.
QUESTION: Ms. Reno, concerning the issue of the weapons, did you give any instructions to law enforcement officials on the scene about--concern about the child...
RENO: I would ask Commissioner Meissner to address that specifically.
MEISSNER: The child has been our paramount concern in this operation. We structured the operation around the child's safety as the first, most important priority. We had Spanish-speaking female agents--agent responsible for bringing the child from the home. We had worked out with our team of
experts in advance the kind of conversation that the agent responsible for the child could and should use, in order to be reassuring. That was carefully worked out as between the experts and the people on the scene. The airplane includes-the flight has Elian accompanied by a child psychiatrist and a
flight surgeon, both of whom are bilingual. There is a play pack on the airplane of Play-Doh, other things, food, to amuse him. One of the things that we learned from our experts was that the squeezing of Play-Doh is the best thing that you can do for a child who might be experiencing stress.
I must say, though, that all of our reports so far are that the child has been very calm, has not been anxious, has not been thrashing, has not been crying. And the basic feedback that we have from a series of people now who have been directly with him, is that he's a real terrific, tough kid.
QUESTION: Did you consult with psychiatrists beforehand to discuss the possibility of the impact of using weapons during the incident, how that might affect the child?
MEISSNER: We discussed the nature of a law enforcement operation, and we knew, of course, that it could be traumatic, and so we were very, very concerned to set it up in a way that would minimize that kind of fearfulness.
QUESTION: Did Elian have the opportunity to speak to his father before leaving? Or maybe from the plane?
MEISSNER: He is actually speaking to his father right now.
QUESTION: He is?
MEISSNER: Yes, he is.
QUESTION: Who notified Juan Miguel of the decision? Was it before or after it was carried out? What can you tell us about his reaction?
MEISSNER: Juan Miguel was notified after--as the--after the operation began. The operation was very, very quick, so it was simultaneous.
QUESTION: Was the father able to speak to Elian at any point during the operation? I know that was a concern, the cell phone...
MEISSNER: No. The operation took, really, only three to four minutes from seeing the child to having him in the van, to being on the way to the helicopter. And the safety and operational concerns overrode anything at that point.
As I say, he has now been able to have a conversation, father and son.
(CROSSTALK)
QUESTION: ... about the conversation that the agent was--you said there was a conversation that the agent was told would be good for the boy as he was being removed from the house.
MEISSNER: The conversation goes along the lines of, ``This may seem very scary right now, but it will soon be better. We're taking you to see your papa.'' He calls him papa. ``You will not be going back to Cuba. You will not be on a boat. You are around people who care for you. We are going to
take care of you. Please don't be frightened.'' That kind of a conversation.
QUESTION: Ms. Reno, can you tell us a bit about concern about letting the boy or his father on Cuban soil? (OFF-MIKE)
RENO: The Marshal Service is taking all appropriate precautions, and we do not foresee those that you describe.
QUESTION: Ms. Reno, what kind of information did you have about weapons in the house?
RENO: We had been told on occasions that people were threatening to have weapons. To prevent it from happening, again, there were discussions of weapons in the crowd, weapons in the home, whether weapons were present on the grounds.
QUESTION: You said for nine days, Lazaro Gonzalez has been essentially in violation of the law. Are there any plans to take some sort of action against him now, against Lazaro Gonzalez?
RENO: Our effort was to reunite a little boy with his father. That has or will soon be achieved. And I think that it is important for everyone now to move on, and to put this time behind us, and to do everything we can to see that those involved heal and reunite.
(CROSSTALK)
QUESTION: ... described about possible weapons in the house and on the streets. Do you believe now that at any point in this process, the Miami relatives were negotiating with you and your surrogates in good faith?
RENO: Every time we thought we had achieved what they wanted, it wasn't enough. And at this point, I think it's important for us to move on. It was a very frustrating experience. We were told when he came to this country he could have the boy; that didn't happen. We were told if they could just
meet with Juan Miguel Gonzalez, then they would consider turning over the boy. We made the arrangements for them to meet prior to the boy being turned over; that wasn't enough. And it was just one step after another in which they moved the goal post.
QUESTION: If I can just follow on that, what is your read right now on what's happening in the streets, outside the home? The mayor of Miami called this action a crime. Have you been in contact with him? Are you comfortable that the situation is contained by law enforcement?
RENO: I think that law enforcement will do a very good job, a very thoughtful, constructive job, with maintaining calm. I think it is important for everyone to understand that this was done pursuant to law, that it was done to reunite a child with his father after there were innumerable attempts
and negotiations for a long period of time to try to make sure that this was done voluntarily so that everyone could be involved in planning the transition.
It didn't work that way, unfortunately, and so we had to take appropriate action. And from what I have seen to date, the agents did an excellent job, and I want to commend them.
QUESTION: Ms. Reno, isn't there strong language in the appellate court's order concerning the likelihood of success on the merits of the underlying asylum issue? And as a result of that, there was a lot of talk about the fact that you wouldn't necessarily want to have the boy reunited with his
father and then to face an unfavorable decision from the circuit court, and then have his future up in the air again. Can you comment on that?
RENO: The issue that was raised in the court of appeals was not--it was based on the equities of the situation and the court concluded that there were, as I recall, the language was a substantial interest or something similar, but that if he were enjoined from leaving the country, the equities
would favor such a resolution.
The issue in the court of appeals that they focused on was the asylum issue. But here, the father was in this country. Cuba was not the issue. It was not an issue of him going back to Cuba during this period of time.
RENO: It was here that a fit father had arrived, who wanted to see his son, and there was no reason in the world why they should not be reunited.
QUESTION: If I could just follow-up, they talked about the asylum question and there was an indication that they saw some likelihood of success on the merits. And so my question really is whether or not you have any concern that the boy's future, after that decision comes out, if it's
unfavorable to you, will end in jeopardy and that Lazaro Gonzalez may in fact have some sort of a reasonable claim to address the asylum question.
RENO: He may have - if the court rules in his favor, he may have a claim to address an asylum issue. But the issue right now is this father is here. It is not - he is not claiming asylum and asylum is not at issue because the boy cannot return to Cuba at this point. And there is no reason for
those who objected to the fact that he would have to return to Cuba; that doesn't apply in the context in which we're here now.
QUESTION: Ms. Reno, what can you tell us about your consultations with the White House last night?
RENO: I talked to the president yesterday afternoon at about 4:45, again last night at about 8:00, and then this morning after the boy was secured.
(CROSSTALK)
QUESTION: Ms. Reno, can you tell us anything more about that conversation?
RENO: He had followed it carefully. I think we had briefed him yesterday afternoon at 4:45, told him about the ongoing negotiations. I had had a chance to talk to him coming back from Oklahoma City. We talked about the developments as of about 8:00 last night, and then this morning he expressed
satisfaction over the manner in which it had been carried out.
QUESTION: Did agents inside recover any weapons? (OFF-MIKE)
RENO: I don't know.
QUESTION: Ms. Reno, earlier on it was said, I think by you, that Elian would not be removed from the house in the night. This operation took place in the dark before dawn. What was the reasoning in doing that, as opposed to taking him out in daylight, as earlier was said?
RENO: Earlier we had hoped that the matter could be worked out, that it could be done in an appropriate way.
RENO: Then the crowds began to suggest that they were going to prevent it from happening. Lazaro, who had said that at one point that he would step aside, said that people might have to run a gauntlet. And there was clear defiance of the law.
At that point, with those circumstances that had to be considered, and with so much being unknown, the most important issue was to do it at a time when it would be safest for Elian, and when it could be done in a manner that was safest for all concerned.
QUESTION: Ms. Reno, could you describe the coordination between local law enforcement in this operation? And how much advance warning for the city of Miami was given of the exact timing of ...
RENO: I don't have the exact figures of the timing. I'm sure that that can be provided.
QUESTION: Was it at 8:00 last night that you felt the negotiations were going no where and that you would go in?
RENO: I negotiated through the night. At times I was very encouraged, and then at other times it seemed to slip away. But my effort from the beginning has been to try to make sure that we did everything we could to resolve it so that there was a peaceful, thoughtful way of doing it. And finally
time ran out.
QUESTION: Ms. Reno, at some point were you in touch, through the night, with ...
RENO: There were community leaders; a person that I was talking to during the evening was Aaron Pothurst (ph). He is a very fine lawyer in Miami.
QUESTION: Ms. Reno, Vice President Gore came out early saying (OFF-MIKE)
RENO: He did not talk to me, nor did his staff.
QUESTION: Can you tell us a little more about reports that there were weapons in the house? Are you referring specifically to guns in the house? Where did these reports come from? And I'm wondering if Commissioner Meissner or if someone knows if any guns or weapons were spotted during...
MEISSNER: I would repeat the attorney general's answer: We don't know. We're still doing the debriefing on the operation, so we don't have that information.
QUESTION: Is the Marshal Service going to be providing security for them during this time?
UNIDENTIFIED SPOKESMAN: Yes. The Marshal Service - on an order of the attorney general, we are providing security for Juan Gonzalez and others related to that case.
QUESTION: Ms. Reno, can you just describe - you say at some points during the night that you were optimistic that things could be worked out. What was the nature of the negotiations? What was on the table that then was off the table? Can you describe in any detail what was being discussed?
RENO: What was being discussed is how to make sure that the father got the parole and care of child immediately, but that experts were available, experts that I would chose after consultation, who could not advise not whether a transition should take place, but how it should take place, from the
Miami family, to the father.
Our hope was that the family would sit down together and with advise from professionals, psychiatrists and psychologists, work together to effect the transition in the least disruptive manner possible.
QUESTION: Ms. Reno, at what point did you finally make your decision and give the order? About what time?
RENO: It was at about 4:00.
QUESTION: Ms. Reno, what did the family in Miami offer to do? What was their best offer?
RENO: They offered to - I don't know how you characterize what their best offer was, but what they had offered to do was to arrange for a site here in Miami. They would require Juan Miguel Gonzalez to come to Miami or to someplace in Dade County for a period of time that was open-ended. And we
would consult experts, experts would interview the parties, evaluate Elian and would make recommendations to me or give me advice on what should be involved in the transition. Those were some of the points that were raised.
QUESTION: Was that the last offer by the family or was that the last offer by the intermediaries? You mentioned that after you had made your decision, the intermediaries came out with one more offer.
RENO: The intermediaries wanted to further discuss it and they were in the process of discussing it in those very last moments.
QUESTION: When was the - you mentioned the point where you were the most optimistic. How much time had elapsed between that time and the order? I'm wondering how quickly things changed in your mind.
RENO: I don't have a chronology.
QUESTION: Ms. Reno, you have spoken at various points in this process, openly, emotionally, personally about your feelings about this community and about this situation. I wonder what your personal feelings are this morning?
RENO: The community is hurting, I'm hurting, but I'm very glad for Juan Miguel Gonzalez and Elian, that they can be reunited. And it is time for the community to heal. It is going to be difficult, but it has healed before and it can do so again.
And it is time for us to give space and calm and peace to father and son so that they can begin to reunite.
AP-NY-04-22-00 1011EDT
Copyright 2000 The Associated Press. |