The Washington Post . Friday, March 31, 2000; Page A28
IF CUBA were not ruled by a Communist dictator, the Elian case would be sad, but not difficult. The father could speak freely; if he wanted custody, the boy would be returned. The law is clear, and so, for most people, is the principle of parental right. But Elian's father, Juan Miguel Gonzalez,
lives on an island where people who speak freely go to jail.
Now Fidel Castro has announced that Mr. Gonzalez is ready to come to the United States. Whether sincere or not, it is telling that the announcement came from Mr. Castro, and not from the father himself; telling, too, that Mr. Castro decided Mr. Gonzalez could come only if surrounded by 30
relatives, teachers, psychologists, kindergarten teachers, children and, no doubt, a few representatives of the Cuban KGB.
"The father must speak for the little boy," Attorney General Janet Reno said yesterday, "because the sacred bond between parent and child must be recognized and honored." That's right; but in what circumstances will he speak? A visit to the United States would be a positive
step. But will Mr. Gonzalez, if he comes, be allowed to step clear of his entourage? Will he be permitted to speak, one on one, even with his own American lawyer? These are questions the attorney general should ask.
It's quite possible that Elian would have a better life here--that Mr. Castro would turn the boy into an icon of his failed revolution, depriving him of a normal childhood even if he and his father in fact had been on close terms. But if the attorney general can satisfy herself that Mr. Gonzalez
has spoken freely, she is right that the government has no choice but to follow the law.
Which brings us to Alex Penelas, mayor of Miami-Dade County, who Wednesday said he would take no steps to help federal authorities repatriate Elian. More than that: If federal efforts to repatriate Elian prompt "civil unrest and violence," he would hold Janet Reno and President
Clinton--not, apparently, the rioters--personally responsible. With that dubious message to his community, the mayor, along with Miami city Mayor Joe Carollo, went a long way toward smudging a key distinction between Cuba and the United States--that this is a country of law.
In the face of such a challenge, you might expect national leaders to stand up for the rule of law. Some did; notably Attorney General Reno. Vice President Gore chose this moment instead to head south, as it were; suddenly he favors permanent resident status not only for Elian but also for "his
father, stepmother, half-brother, grandmothers and grandfather." For some reason, and unlike Mr. Castro, he left out the kindergarten teacher, at least for now.
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