Yahoo! May 11, 2000
Appeals Judges Hear Elian Case
By RUSS BYNUM, Associated Press Writer
ATLANTA, 11 (AP) - Aggressively questioning both sides, three federal appeals judges asked today whether 6-year-old Elian Gonzalez is too young to apply for asylum and whether being from communist Cuba compromises his father's parental rights.
The judges said they would rule quickly, but indicated it would be weeks before they decide.
Judge J.L. Edmondson seemed particularly worried about Elian's fate in Cuba, twice calling it ``a communist, totalitarian state.'' Edmondson added that it's not uncommon for courts to rule that the rights of a parent can be overridden by the best interests of a child, comparing Elian to children
whose parents reject medical care for religious reasons.
It's not because the parents are insincere, Edmondson said, ``but it seems to be so conspicuously in conflict with the needs of the child.''
Gregory Craig, Elian's father's attorney, insisted that Juan Miguel Gonzalez is expressing his desires without coercion from Fidel Castro's government.
``He has been free to express openly his feelings and his opinions throughout,'' Craig said. He added the father wants to decide what's best for Elian ``free from any kind of manipulation from Miami or coercion from Havana.''
Kendall Coffey, attorney for the Miami relatives, said the father's best intentions would not matter if Elian is forced to return to Cuba.
``There is no parent in Cuba who controls what happens to his or her child, and there is no power in this country that can protect this child if he is removed to Cuba.''
Coffey said Elian is in danger of political persecution because his mother and stepfather, who died trying to flee Cuba with the boy, are considered traitors there.
Coffey insisted the INS violated its own guidelines by rejecting Elian's asylum application without a hearing.
Judge Charles Wilson questioned Coffey about whether Elian could understand the contents of his asylum request and whether immigration officials would be required to accept it without his father's approval.
``I'm sure Elian Gonzalez is a very bright and intelligent 6-year-old, but he didn't even have the ability to sign his last name on the asylum petition,'' Wilson said.
The detailed questioning by the judges pushed the hearing to one hour and 20 minutes, twice its scheduled length.
The Miami relatives were greeted outside the courthouse by about 25 supporters, many waving Cuban and American flags. Elian's great uncle Lazaro Gonzalez gave a thumbs-up sign to the crowd as he and his daughter, Marisleysis Gonzalez, walked inside.
``Marisleysis, we are with you. We are for Elian,'' one person shouted.
Lawyers for Elian's father arrived after the family and were met by chants of ``Freedom for Elian.'' The crowd had grown to about 100.
Atlanta police closed several streets around the building and security was tight throughout the area.
So far, immigration officials and a federal judge in Miami have rejected the asylum application signed by Elian and filed by his great uncle.
Lawyers for both the U.S. government and Juan Miguel say Elian is not mature enough to make such choices. They say the father is the one to decide for his son.
If the judges rule against the relatives, there is no assurance the full 11th Circuit Court or the Supreme Court will hear their appeals.
``There is a high probability this is the last stand'' for the Miami relatives, said Charles Keely, a professor of international migration at Georgetown University.
The three 11th Circuit judges ordered that Elian remain in the country until they ruled on his appeal. But there is no guarantee he would be barred from leaving before further appeals could be heard.
Elian was found clinging to an inner tube off the coast of Florida on Nov. 25. His mother and 10 others died trying to flee Cuba when their boat capsized, while Elian and two others survived.
The judges could decide the Immigration and Naturalization Service was right in denying Elian's asylum application, or it could order the INS to give the boy an asylum hearing.
The judges also could rule somewhere in the middle, such as telling the INS to interview Elian and then decide if his application should be heard.
Elian's father also has asked the court to let him replace Lazaro Gonzalez as the adult representing the boy in the lawsuit. If the judges agree, Juan Miguel Gonzalez could drop the case.
Either side would have 45 days to ask all 12 judges of the 11th Circuit to hear the case. If the court refused, the losing side would have 90 days to appeal to the Supreme Court.
House Committee OKs Cuba Food Sales
By PHILIP BRASHER, AP Farm Writer
WASHINGTON, 10 (AP) - A Republican-controlled House committee voted Wednesday to allow sales of food and medicine to Cuba, over the objections of Majority Whip Tom DeLay.
By a 35-24 vote, the House Appropriations Committee preserved a provision in an agricultural appropriations bill that would license such sales so long as they are not subsidized by U.S. taxpayers.
The measure also would prohibit the president from including food and medicine in future embargoes of other countries without congressional approval.
DeLay, who successfully blocked a similar measure after it passed the Senate last year, said that trading with Cuba was ``at odds with the national interest'' and would bolster the government of Fidel Castro.
``Trade cannot come at any price to our freedom ... and to freedom in other countries,'' DeLay said.
But agricultural groups are lobbying heavily for easing the decades-old embargo on Cuba, and farm-state Republicans allied with Democrats on the committee to defeat DeLay. Democrats said it was hypocritical for him to oppose sales to Cuba when he is working to win permanent trade relations for
China.
``We have a double standard here. Let's call it what it is,'' said Rep. Rosa DeLauro, D-Conn.
The Senate Appropriations Committee added a similar Cuba measure Tuesday to its version of the agricultural appropriations bill. The House Appropriations Committee narrowly defeated such legislation last year.
Supporters of the embargo say Cuba cannot afford to buy U.S. food unless it is subsidized by the Agriculture Department. Farm groups insist Cuba may save enough in shipping costs by buying American food to make up for the lack of federal aid.
The embargo is strongly supported by Florida's politically powerful Cuban American community, so the legislation is likely to get tied up in this fall's presidential campaign between Vice President Al Gore (news - web sites) and Republican George W. Bush (news - web sites), said Rep. Jose
Serrano, D-N.Y.
``This is still not free of Bush and Gore trying to win Florida,'' said Serrano, who voted for easing the embargo.
The Clinton administration has objected to the provision in the legislation that would give Congress a say in future embargoes.
U.S.-Cuba Trade Wins Key Vote, Elian May Be Reason
By Charles Abbott
WASHINGTON 10 (Reuters) - The House Appropriations Committee, in a sign of possible fallout related to the Elian Gonzalez saga, approved language on Wednesday to exempt food and medicine from long-standing U.S. economic sanctions against Cuba.
The possible exemption, which would be a breakthrough for farm and business groups, was the second victory in two days for proponents of broader trade with the Communist island 90 miles from Florida, though some warned the battle to defeat the exemption was not over.
Anti-Fidel Castro sentiment remains strong in the United States even after the economic sanctions were imposed four decades ago in the hopes of driving Castro from power.
Proposals to allow food and medical trade with Cuba foundered in the face of potent anti-Castro sentiment in the House for the past two years, and the plight of the young Cuban shipwreck survivor was seen by some lawmakers as the reason why the exemption would be defeated.
But other lawmakers said the events leading to the 6-year-old's forceful removal last month by federal agents from the home of his Miami relatives to reunite him with his father may have shifted the political momentum in Washington.
Committee members voted 35-24 to exempt food and medicine from all unilateral U.S. embargoes, despite attempts by House Republican leaders to delete the language. Texas Republican Tom DeLay, No 3 in leadership, said the battle was not over.
Proponents of the exemption say economic engagement would foster democracy in Cuba and benefit U.S. farmers faced with low grain prices. The exemption, part of the annual agriculture funding bill, now goes to the full House (of Representatives) for a vote.
The Senate Appropriations Committee approved similar language on Tuesday as part of its agriculture funding bill. Both chambers must pass the exemption in identical form before it could be sent to the president to become law.
``I don't think it'll happen...because of the politics of Cuba,'' said Representative Jack Kingston, Georgia Republican, who opposes the exemption. Cuba was too divisive and emotion-tangled to allow a significant change in U.S. policy in an election year, he said.
The Clinton administration said it was willing to work with Congress but stopped short of endorsing the exemption.
``We continue to work with Congress to achieve legislation that provides the flexibility to respond to changing situations and gives the president the necessary authority to tailor specific U.S. actions to meet our foreign policy and national security objectives,'' State Department spokesman
Phil Reeker told reporters.
While the exemption would apply to a half-dozen nations, attention has focused on Cuba partly because the White House has eased sanctions on Iran, Libya and Sudan in the past year to allow food and medicine sales on a case by case basis. U.S. food has been donated to the United Nations for
famine relief in North Korea, also under U.S. sanctions.
Cuba spends more than an estimated $700 million annually to buy grain, meats and other foods from U.S. competitors. Farm groups say Cuba was a natural market for U.S. food. Food sales are allowed now only to non-governmental entities.
``Why can't we sell to these people when every other country can?'' asked Washington state Republican George Nethercutt, the lead sponsor of the exemption.
``Trade would only strengthen Fidel Castro,'' argued DeLay, who contrasted the Cuban dictator and the budding private market in China. The House will vote later this month whether to grant permanent trade relations with China.
Connecticut Democrat Rosa DeLauro said Cuba suffered under a double standard -- ``Let's call it for what it is.''
``If we take this to the floor, we would win this issue, I guarantee it,'' DeLauro said, pointing toward DeLay.
Both sides cited shipwrecked 6-year-old Elian Gonzalez, subject of a tug of war between his Cuban father and Florida relatives, as a reason why they would prevail.
``That silliness in Miami has really made people think,'' said New York Democrat Jose Serrano, who supported the exemption. He said the dispute created support for closer relations.
For his part, Kingston said ``there's a lot of anti-Castro feelings ginned up right now'' due to Elian.
Under the language approved by the House and Senate committees, food and medicine would be exempt from unilateral U.S. sanctions unless Congress agrees. There would be six months to decide whether to keep existing sanctions in place. No U.S. export credits would be offered to formerly sanctioned
nations.
One-year licenses would be required for sales to nations suspected of sponsoring terrorism. Cuba, Iran, Libya, Sudan, North Korea and Iraq are on that list.
Global Web President - Brae Burbidge - Joins Young Entrepreneurs on Trip to Cuba
SOURCE: Global Web, Inc. Company Press Release. Wednesday May 10, 6:42 pm ET
Burbidge Is One of 150 Young Entrepreneurs' Organization (YEO) Members Selected From Around US to Participate in YEO's 'The Cuban Experience' - a US Department of Treasury Sanctioned Business-to-Business Venture
SALT LAKE CITY, May 10 /PRNewswire/ -- Brae Burbidge, President of Global Web, Inc. (OTC Bulletin Board: ZWEB - news), a developer of e-commerce applications for the Internet, recently returned from a special five-day visit to Cuba, sponsored by the Young Entrepreneurs' Organization (YEO), an
international, entrepreneurial educational organization with more than 3,300 members and chapters in 30 countries.
YEO's unique program, ``The Cuban Experience'' brought together successful American business owners with Cuban and U.S. government officials and local entrepreneurs to learn how business is conducted in a socialist state and to witness firsthand the early-stage entrepreneurial business sector
developing in Cuba.
Despite a 38-year-old U.S. trade embargo against Cuba, YEO received special permission from the U.S. Department of Treasury and the Cuban government to sponsor the program, which has been in the planning stages for nearly two years. Members of YEO, who must be under 39 years of age and be a
founder, co-founder, owner or controlling shareholder of a business with gross annual revenues exceeding $1 million, applied to attend the program and were selected by lottery earlier in the year.
``This program gave young entrepreneurs a chance to broaden their perspective and learn how a country with a different political and economic infrastructure conducts business,'' said Milledge Hart, 1999-2000 YEO International President. ``I think the program cleared up a lot of misconceptions
members have had about Cuba.''
Commenting on the trip, Mr. Burbidge said, ``It was amazing to see the abilities that these entrepreneurs had with such limited resources. The Cuban entrepreneurs talked freely with us about the United States and how they wanted to be part of the system economically. The Cubans have a long way
to go, but they are very talented entrepreneurs.''
During YEO's stay in Cuba, attendees met with representatives from Cuba's Ministry of Foreign Investment and Economic Cooperation, visited local industries, factories, agricultural sites and craft markets, and dined in ``paladares'' -- restaurants in private homes that seat no more than 12
diners at one time.
While the Cuban government gives its people the very basics to survive, up to 30% of economic activity occurs in the black market, because it is the only means for people to earn hard currency.
Entrepreneurship has begun in Cuba, but it is in the very early stages and is strictly controlled and restricted by the Cuban government. People must have a special license from the government to be self-employed. Out of a population of approximately 11 million, the government has issued only
200,000 licenses to independent entrepreneurs -- mostly for those in the hospitality and entertainment industries.
ABOUT GLOBAL WEB: Global Web is a developer of e-commerce applications for the Internet. With its proprietary set of technologies, the Company allows its clients to build and maintain their own e-commerce web sites without the cost of expensive professionals. Global web's state-of-the-art
web-based applications provide users with an online product database, a built-in shopping cart, and the ability to conduct online commerce through their web sites. This technology also allows for instant credit card transactions through merchant accounts and financial gateway services. To attract
customers, the company offers low-cost web site hosting. The package includes web builder applications with e-commerce capability at no extra cost. The company's web space is distinguishable from that of competitors in that there are no unwanted advertising banners or pop-up screens that appear.
Global Web is in the business of enabling small to medium sized businesses to participate in the e-commerce revolution. In a majority of cases, small businesses are handicapped by the price constraints of designing and maintaining e-commerce web sites. Global Web provides a cost effective way
for small to medium sized businesses to do business over the Internet.
ABOUT YEO: YEO is a global, nonprofit, educational organization for young entrepreneurs that since 1987 has helped its members build upon their successes through an array of educational and networking opportunities. With chapters in more than 101 cities, spanning 30 countries, YEO's rapidly
expanding membership includes entrepreneurs from every size and type of business. Membership in YEO is by invitation only and is subject to approval by both YEO International and the sponsoring local chapter. Prospective members must be under 39 years of age and be a founder, co-founder, owner or
controlling shareholder of a business with gross annual revenues exceeding, (US) $1 million.
FOR MORE INFORMATION CONTACT:
Lee Burbidge
Global Web, Inc.
(801) 523-1003 (110)
Email: lee@g-web.net
Website: www.g-web.net
Karen Seidman
Director of Communications & Marketing
(703) 519-6700 (129)
Email: kseidman@yeo.org
Website: www.yeo.org
SOURCE: Global Web, Inc.
Elian Case Goes to Appeals Court
By RUSS BYNUM, Associated Press Writer
ATLANTA (AP) - Elian Gonzalez's Miami relatives went to court today to try to convince three federal judges that the 6-year-old boy is old enough to apply on his own for asylum in this country.
Lawyers for the boy's father, who wants to take him home to Cuba, arrived in court later, setting up a showdown before an 11th U.S. Circuit Court of Appeals panel. The judges could take weeks to decide.
The Miami relatives were greeted by about 25 supporters, many waving Cuban and American flags outside the courthouse. Elian's great uncle, Lazaro Gonzalez, gave a thumbs-up sign to the crowd as he and his daughter, Marisleysis Gonzalez, walked inside.
``Marisleysis, we are with you. We are for Elian,'' one person shouted.
Lawyers for Elian's father, Juan Miguel Gonzalez, arrived after the family and were greeted by chants of ``Freedom for Elian.'' The crowd had grown to about 100.
Atlanta police closed several streets around the building and security was tight throughout the area.
So far, immigration officials and a federal judge in Miami have rejected the asylum application signed by Elian and filed by his great uncle.
Lawyers for both the U.S. government and Juan Miguel say Elian is not mature enough to make such choices. They say the father is the one to decide for his son.
``There is a high probability this is the last stand'' for the Miami relatives, said Charles Keely, a professor of international migration at Georgetown University.
If the judges rule against the relatives, there is no assurance the full 11th Circuit Court or the Supreme Court will hear their appeals.
The three 11th Circuit judges ordered that Elian remain in the country until they ruled on his appeal. But there is no guarantee he would be barred from leaving before further appeals could be heard.
Elian was found clinging to an inner tube off the coast of Florida on Nov. 25. His mother and 10 others died trying to flee Cuba when their boat capsized, while Elian and two others survived.
The 11th Circuit judges have noted that immigration law allows ``any alien,'' with no age limit, to seek asylum in the United States.
Government lawyers have cited a 1985 case in which a 12-year-old Soviet boy was granted asylum against his parents' wishes. The federal appeals court in that case ruled that 12 was ``presumably near the lower end of an age range'' for which children could defy their parents' wishes.
The judges could decide the Immigration and Naturalization Service was right in denying Elian's asylum application, or it could order the INS to give the boy an asylum hearing.
The judges also could rule somewhere in the middle, such as telling the INS to interview Elian and then decide if his application should be heard.
Elian's father also has asked the court to let him replace Lazaro Gonzalez as the adult representing the boy in the lawsuit. If the judges agree, Juan Miguel Gonzalez could drop the case.
On Wednesday, the government and the 11th Circuit received the latest reports from a child psychiatrist and a social worker chosen to monitor Elian and report every other week on his condition.
Judge J.L. Edmondson sealed the reports, but sources familiar with the reports, speaking on condition of anonymity, said child psychiatrist Paulina Kernberg concluded that Elian was healthy and was integrating with his family at a Maryland retreat and playing well with others.
The 11th Circuit panel - Judges Joel A. Dubina, Charles R. Wilson and Edmondson - has no deadline to issue a ruling. Some legal experts predict they will move quickly, perhaps ruling in two to three weeks.
Either side would have 45 days to ask all 12 judges of the 11th Circuit to hear the case. If the court refused, the losing side would have 90 days to appeal to the Supreme Court.
Cubans head for home with gifts and memories
Thursday May 11 07:47 AM EDT
Tony Oliva found a counter to lean on in the Metrodome concourse. His legs were tired and his back was sore, but he couldn't stop smiling.
The former Twins star was gleaming with pride Wednesday night after leading his ``family'' from the field to Section 133 to watch the Twins' game against the Cleveland Indians. It was one of the last duties for Oliva and former Twins teammate Julio Becquer, both native Cubans, as local
ambassadors for the University of Havana baseball team.
The 54-member group concluded its five-day trip to Minnesota and heads back to Cuba this morning.
``To be around my Cuban people these last few days, to see everybody have such a wonderful time, it's been very special for me,'' Oliva said. ``We've been like one big family.''
Full story at St. Paul Pioneer Press
Castro Daughter Joins Elian Protest
By Catherine Wilson, Associated Press Writer.
Fidel Castro's estranged daughter joined in as demonstrators carrying U.S. flags rallied in more than a dozen cities Wednesday to show their support for the relatives of Elian Gonzalez who want the boy to stay in the United States.
Protesters gathered outside federal buildings in cities from Miami to Jersey City, N.J., to Kansas City, Mo., the day before an Atlanta federal appeals court was to consider the relatives' request to grant political asylum to the 6-year-old Cuban boy.
The 11th U.S. Circuit Court of Appeals in Atlanta is to consider whether the boy is entitled to pursue an asylum claim against the wishes of his father and an order from the U.S. Immigration and Naturalization Service.
Elian had been staying with his Miami relatives since late November, when he was found floating off the coast of Florida lashed to an inner tube. He was seized April 22 by federal agents and since then has been with his father, stepmother and 6-month-old half-brother in Maryland.
The court has ordered Elian to stay in the United States until it rules, which could happen in hours or take months.
In Miami, more than 500 people carried U.S. flags and shouted ``Justice for Elian,'' shutting down two downtown blocks.
White and yellow stenciled posters carried messages reading ``Not even a father has a right to condemn a child to slavery'' and ``Communism is slavery. Did America forget?'' One sign equated President Clinton to Cuban President Fidel Castro and transformed the C's in their names into the
communist hammer and sickle.
About 400 people gathered for a prayer vigil Wednesday night at the Little Havana home where Elian had been staying with relatives.
``We hope that the child will have a chance to stay here in this country,'' said Bernardo Alvarez, who left Cuba in 1968 with his family. ``Here he can be anything he wants to be. Not in Cuba. In Cuba he won't have the choice.''
In Los Angeles, more than 300 people waved signs and U.S. and Cuban flags. ``Elian Gonzalez is forever etched in history as Anne Frank is etched in history,'' said organizer Scott Holleran.
In Jersey City, N.J., Alina Fernandez, Castro's daughter, and Elian's great-uncle, Lazaro Gonzalez, greeted each other with clasped hands in Liberty State Park, where they were to speak at a afternoon rally of about 200 people.
``This tragedy would not have happened if Cuba was free,'' Fernandez said.
Smaller groups gathered elsewhere. About two dozen protesters carried signs in downtown Jacksonville, and about half a dozen people came to the federal courthouse in Kansas City, Mo.
In Miami's 83-degree heat, more than 50 women dressed in black for Mothers Against Repression, which supports Cuban political prisoners.
``Elian for us is one of thousands of people that have come to our shores in search of freedom, and we are here as Americans to support Elian's right to be free,'' said leader Sylvia Iriondo.
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