"[They] were simply making up the law as they were going along."
By Kathryn Jean Lopez, NR associate editor-lopezk@nationalreview.com. National Review. 6/01/00 6:20 p.m.
Spencer Eig is an attorney in Miami, Florida, representing Lazaro Gonzalez.
Lopez: One of your colleagues representing Elian Gonzalez's Miami family has said that the 11th Circuit has been "fair." Do you agree? Does this ruling give you hope?
Eig: Most interestingly, the court said "it has been suggested the precise policy adopted by the INS in this case required was required by 'law.' That characterization of the case however is inaccurate. As we have explained, when the INS made its pertinent policy, the preexisting law said
nothing about the validity of plaintiff's asylum application." What that says to me is that when President Clinton and Attorney General Reno for months were sanctimoniously saying we are simply applying the law, simply enforcing the law, the court recognizes that there was no law that they were
enforcing. They were simply making up the law as they were going along.
This is a bad policy. It's a policy that is going to subject this poor child to oppression at the hands of one of the world's most brutal dictators. And even if this particular court did not believe that they had the authority to reverse it under the separation of powers, they made it very
clear, and it is very clear, that it was a bad policy. And it's not too late for the administration to change that policy.
Lopez: So the 11th Circuit Court ruling was in no way a victory for the Clinton administration or Juan Miguel Gonzalez?
Eig: Right.
Lopez: What is the legal basis for the Supreme Court appeal?
Eig: There are a number of bases for the appeal. It is a difference of opinion among various circuit courts of appeals in various parts of the country as to what would be the constitutional law in this case. This case could have come out very differently if Elian was in Texas as opposed to
Florida. The Supreme Court often steps in when there's what they call a conflict in the circuits.
Lopez: Janet Reno has said that he has to stay for three weeks. Is that enough time for this to be hashed out?
Eig: I don't know that it is enough time. There's no reason why the government should not simply require that Juan Miguel leave Elian here pending the outcome of the proceedings. Why they should set a certain number of weeks is not entirely reasonable. But I have every confidence that ultimately
Elian is going to face the difficult decision between the University of Florida and Florida State.
Lopez: At this point, are there any options outside the judicial system for the Miami family?
Eig: Yes. Congress could certainly step in at this point in time. Launch a full investigation. The court has clearly stated that it was not a legal issue, that it was a policy issue. Policy is perfectly within the province of the Congress of the United States. It is perfectly within their
oversight authority over the U.S. government. And it's very appropriate that they step in at this stage.
Lopez: Do you have any reason to believe that they would?
Eig: I haven't spoken to anyone from area code 202.
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