Ediorial. The New York Post. June 2, 2000
Who, in the end, speaks for Elian Gonzalez?
His father.
That's the essence of the unanimous decision by a three-judge panel of the 11th U.S. Circuit Court of Appeals. Though taking pains to note that it was ruling only on a narrow matter of law, the court yesterday turned down Elian's Miami relatives' request to grant the boy a political asylum
hearing.
This is as it had to be.
The question before the court was whether the Immigration and Naturalization Service's decision that Juan Miguel Gonzalez could speak for his son was within the law.
In upholding a federal district judge's ruling, the court determined that the INS decision was "within the outside border of reasonable choices."
The Miami relatives have 14 days to file an appeal on the court's ruling; Elian must remain within the United States pending that appeal - which, of course, will inevitably be filed.
But what of the morality of the decision?
This has been a difficult case from the beginning. Understandably, many people are disturbed by this outcome.
The court certainly recognized the stakes involved in returning a young boy to Fidel Castro's island dictatorship: "[W]e admit that re-education, Communist indoctrination, and political manipulation of [Elian] for propaganda purposes upon a return to Cuba are not beyond the realm of
possibility."
But, the court determined, the INS was well within its authority to conclude that - after losing a mother and surviving a horrific journey - Elian should be reunited with his father.
As simple as that?
Well, not quite.
Janet Reno and the Clinton administration still have a bit to answer for concerning the specifics of the Easter Saturday raid in Miami.
Is there a reason why the United States could not have waited until this verdict was handed down?
Did Reno negotiate in good faith with the Miami relatives?
What was attorney and Clinton-crony Greg Craig's role in the matter?
Obviously, a lot of unresolved questions remain.
But such considerations do not invalidate the essential issue at hand: A 6-year-old boy belongs with his father.
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