By Tim Lynch, director of the Cato Institute's Project on
Criminal Justice. September 5, 2001. National
Review
Janet Reno is back. Yesterday, she announced her intention to unseat Jeb
Bush and become Florida's next governor. Like Bill and Hillary Clinton, this
woman is nothing if not audacious.
To succeed in her quest for the governor's office, Reno must spin her
disastrous tenure as Attorney General into something that was innocuous. But we
must never forget that Reno presided over the worst disaster in the history of
American law enforcement Waco. More than 70 men, women, and children lost
their lives when Reno approved an FBI assault on the Branch Davidian residence
in 1993. Reno was hailed for "taking responsibility," but she launched
a cover-up, telling reporters that the FBI assault was necessary because she had
received reports that "babies were being beaten." One week later, Reno
admitted in congressional testimony that she had no evidence of child abuse. She
subsequently appointed her crony, Richard Scruggs, to conduct an investigation
into the incident. No one was very surprised when Scruggs's report exonerated
Reno and the FBI.
When Congress held extensive hearings on the incident in 1995, Reno tried to
place all of the blame on the Branch Davidian leader, David Koresh. When asked
about the propriety of using tanks to smash into a building containing children,
Reno managed to keep a straight face while comparing the tanks to good "rent-a-cars."
The House Committee subsequently issued a finding that Reno's decision to
approve the FBI tank assault was "premature, wrong, and highly
irresponsible." That finding was lost in the partisan din as the
Democrats shouted about the National Rifle Association, the proliferation of
right-wing militias, and the Oklahoma City bombing.
Seven years later, Reno approved an outrageous paramilitary raid on the home
of Lazaro Gonzales in order to snatch Elian Gonzales. Regardless of where you
come down on question of returning Elian to his father and Cuba, the manner in
which this raid was conducted ought to shock the conscience. First, in the
warrant application, Justice Department officials claimed that Lazaro Gonzalez
was "concealing" Elian in his home. Please. Anyone with a television
set knew Elian's whereabouts; it was on the evening news night after night for
weeks.
Second, government agents sprayed tear gas into the faces of the anti-Castro
protesters outside the home. Attacking someone for no reason is a criminal
offense at least for those of us who do not hold posts in the government.
Castro probably got a hearty laugh.
Third, the paramilitary raid made little sense from the standpoint of police
tactics. As Florida Senator Connie Mack noted, if Reno truly believed there
might be a violent shootout, why did she put Elian's life in jeopardy by forcing
a confrontation? What harm could possibly result from allowing Lazaro Gonzales
to pursue his rights peacefully in the court system? On the other hand, if
violent resistance was not expected, why send a commando team with submachine
guns into a family home?
When a furor arose over the photo of the agent in military garb pointing his
gun at a frightened Elian, Reno spun the photo as best she could. A careful look
at the picture, she said, showed that the agent's finger was not on the trigger.
In other words, the silly boy really didn't have a valid reason to be afraid.
To their credit, several of Harvard's liberal legal academics condemned the
raid in Little Havana. In a Los Angeles Times op-ed, Alan Dershowitz wrote that
the raid set a precedent that "endangered the rights of all Americans."
In a New York Times op-ed, Laurence Tribe wrote that the raid "struck at
the heart of constitutional government and shook the safeguards of liberty."
In stark contrast, Reno said that she was very pleased with the operation. This
is the woman who says she wants to continue her career of "public service."
Florida Republicans should not underestimate Reno. Despite her awful record,
she has managed to stay above the fray by cultivating her image as an honest, if
bumbling public servant. She has cleverly used that public persona to great
effect. Yes, I broke an honorable tradition in the Attorney General's office by
appearing on the campaign trail with the liberal governor of New Jersey, Jim
Florio. Yes, my right hand man, Webster Hubbell turned out to be a felon. Yes,
Richard Jewell's life was ruined by government agents who told anonymous lies to
the press. Yes, my subordinates misled a federal judge about Wen Ho Lee. All of
that happened, Reno allows, but why dwell on it?
To deflect attention away from her record, she's already been testing a pat
soundbite: "This election is not about the past; it's about Florida's
future!" Florida voters had better beware. |