The Miami Herald
May 10, 2000
 
 
Pressure easing for hearings

 BY FRANK DAVIES

 WASHINGTON -- Hearings? What hearings?

 Two weeks after blasting the Little Havana raid to seize Elian Gonzalez as an excessive use of force deserving a full investigation, Republican leaders in Congress have backed away from holding hearings on the event and the negotiations that led up to it.

 The chairmen of the two judiciary committees -- Orrin Hatch in the Senate, Henry Hyde in the House -- said they are seeking information from the Justice Department on the raid, but may simply examine documents in private meetings.

 Hatch postponed hearings, first set for last week, while seeking more documents from Justice and the Immigration and Naturalization Service.

 ``We're still looking at [holding hearings], but haven't rescheduled them,'' said Jeanne Lopatto, a spokeswoman for the Senate committee, on Tuesday. ``We haven't canceled them either.''

 But enthusiasm for a public airing of the Elian Gonzalez case, complete with federal officials and Miami witnesses, has cooled in Congress. Most polls show support for Attorney General Janet Reno's actions, and administration officials, including Reno, have hit TV -- from Nightline  to Oprah  -- to make their case.

 An NBC survey last week found that 62 percent of respondents said they saw no reason for hearings on the raid, compared with 30 percent in favor. Even GOP pollsters are advising party leaders that hearings bring few political benefits. ``This whole case just doesn't have legs outside Miami,'' said Glen Bolger, a Republican pollster for Public Opinion Strategy. ``I don't think it will have much political impact one way or another.''

 According to one House GOP staff member close to the leadership, top Republicans are worried that hearings could backfire, giving the perception of another political attack on the Clinton administration.

 ``Let's just say the image of Janet Reno sitting there calmly while Republicans criticize her and Democrats say it's all political would not be a great help heading into an election campaign,'' said the staff member, who spoke on condition of anonymity.

 BUSH SPREADS WORD

 The staffer also said that Texas Gov. George W. Bush, the party's presumptive presidential nominee, quietly spread the word, through campaign manager Joe Albaugh on a recent visit to Washington, that a lot of attention to the Elian case would not be a good idea.

 No one exemplifies the shift in sentiment better than Rep. Tom DeLay, the Texas Republican and House whip who criticized ``jackbooted thugs'' a few hours after the April 22 raid and promised, ``You bet there will be hearings.''

 STEPPING BACK

 DeLay, who is close to the Bush presidential campaign, backpedaled in a speech a few days ago to the National Press Club: ``I have to admit I spoke too hastily though the Justice Department's rule by decree and invasion of an American's home is something we have the responsibility to look into.''

 Other Republicans on Capitol Hill insist that the raid was an unwarranted use of force that must be pursued. Sen. Connie Mack of Florida has pushed hard for hearings, and he has allies in the House.

 At a contentious meeting of House leaders last week, Rep. J.D. Hayworth of Arizona, a former TV sports anchor, took out his copy of the Constitution and ritualistically ripped out the page with the Fourth Amendment, which prohibits ``unreasonable searches and seizures.''

 His point: Reno should be called to account for ``outrageous conduct -- it's despicable.''

 ``I've got the Constitution in my pocket right now with the page torn out,'' said Hayworth on Tuesday. ``The Fourth Amendment is trashed, gone, if we let this get by.''

 Hayworth and other Republicans hope Hyde's preliminary inquiry, or some other committee, will prove to be the right forum to investigate the raid.

 If hearings are eventually held, Hatch said he will make sure that ``both sides'' of the legal and political divide are represented. Hatch noted that Laurence Tribe, a respected Harvard law professor and noted liberal, has questioned the raid's legality.

 So did a group of 30 well-known political figures, from both the left and right, in an ad Tuesday in The Washington Post. Signers included conservative William F. Bennet, ecnomist Milton Friedman and lawyer Alan Dershowitz.

 But Republicans might face another challenge from Democrats. Some want to broaden the scope of any inquiry and focus on immigration issues.

 Sens. Bob Graham of Florida and Dianne Feinstein of California said recently that how the INS handles asylum cases, especially those involving children, needs congressional review.

                     Copyright 2000 Miami Herald