By David A. Vise
Washington Post Staff Writer
Saturday, April 8, 2000; Page A01
Attorney General Janet Reno and other senior Clinton administration officials
have devised a plan to use force to remove Elian Gonzalez from the home
of
his Miami relatives unless they agree to cooperate in turning the boy over
to
authorities and his father, people familiar with the matter said yesterday.
Rather than approaching the house by night, senior Justice Department
officials have decided, if necessary, to send a team of federal marshals
and
immigration officers to take custody of the youngster in daylight. They
anticipate resistance from a human chain of anti-Castro protesters, sources
said.
The decision to remove Elian during the day was made after Justice
Department officials consulted with two psychiatrists and one psychologist
about the least traumatic way to take custody of the child, sources said.
Officials are counting on local police to handle any rioting by protesters.
While they prefer a peaceful resolution of the matter after weeks of
negotiations, Attorney General Janet Reno and Deputy Attorney General
Eric H. Holder Jr. now are prepared for the potentially ugly spectacle
of
televised conflict with protesters in Miami to uphold the law, sources
said.
Thursday's arrival from Cuba of the 6-year-old's father, Juan Miguel
Gonzalez, who pleaded for custody of his son again yesterday, cemented
that
decision, sources said.
"We are going to constantly be taking the temperature of the relatives
and of
the crowds around there, and we will plan to use the minimum amount of
force," a Clinton administration official said. "At no time will we be
losing
sight of what is in the best interest of the child, and we are absolutely
committed to being sensitive to what may prove traumatic as humanly
possible.
"We fully expect the local police to fulfill their responsibility to the
citizens of
the city of Miami and Dade County to protect innocent people from being
harmed and property from being destroyed," the official added.
Reno emphasized yesterday that she wants to resolve the situation
peacefully and called on the family to live up to its pledge to comply
with the
law.
Elian's Miami relatives and their attorneys have said they will comply
with
the law in dealing with the boy's custody and would not try to impede federal
officials who come to take him away. The relatives have said repeatedly,
however, that they would not help officials in removing Elian but would
merely stand aside.
Talks between Immigration and Naturalization Service officials and the
Miami relatives who are caring for Elian broke off Thursday. Yesterday,
a
legal and tactical strategy kicked into gear after Reno met with Juan Miguel
Gonzalez for about an hour in her office suite at the Justice Department.
Reno was moved by her discussions with Gonzalez, sources said, just as
she
had been by reading the transcripts of INS interviews with him in Cuba.
She
and her advisers have decided that it is time to make contingency plans
to
forcibly take custody of Elian, who was picked up in the ocean on
Thanksgiving Day after his mother and others drowned attempting to flee
Cuba.
Reno, whose tenure as attorney general began with the fiery deaths of 75
people near Waco, Tex., after the Branch Davidian compound was stormed
by FBI agents, once again is in an extremely difficult position regarding
the
best way to resolve a potentially lethal dispute.
Politically, the stakes are high, but Reno believes the dynamics have shifted
since the boy's father arrived, pleaded for the return of his son, and
freely
expressed the desire to return to Cuba, sources said.
As law enforcement officials were devising possible forcible-entry scenarios,
White House officials were watching with concern, determined that the
Justice Department avoid taking any action that might spark unrest in Miami.
While White House officials said they are not directly making decisions
in
the Elian Gonzalez case, senior Clinton aides are being updated several
times
daily. They expect to be briefed--and given the right of refusal--on any
plan
that Reno and her subordinates want to carry out.
"Our concern is that the rule of law prevail, and that everyone involved
is
respectful of the rule of law," a senior White House official said.
The Justice Department plan has been developed by Reno, Holder,
Immigration and Naturalization Service Director Doris N. Meissner, and
two
senior Justice Department staff members who report to Holder: James E.
Castello, associate deputy attorney general, and Brad Glassman, counsel
to
the deputy attorney general. Castello and Glassman have previously worked
together on sensitive immigration matters.
Reno reiterated yesterday an offer first made to the family in Miami last
week: Turn over Elian immediately to his father, who is staying in Bethesda,
and she will seek to have them remain in the United States while the appeals
process over Elian's immigration status and custody continue. Or,
alternatively, keep the boy until federal marshals seize him pursuant to
a
court order, but there would be no government effort to keep Juan Miguel
Gonzalez and his son from returning to Cuba before the appeals process
is
over.
The Justice Department plan, which has been reviewed by White House
officials, includes seeking a court order directing the the relatives in
Miami to
turn Elian Gonzalez over to the INS. If they do not comply, they can be
held
in contempt of court and subject to criminal sanctions or fines.
"Our duty and responsibility is to fulfill the order of a court and to
see that
the rule of law prevails," a Clinton administration official said. "Reno
and
Holder and Meissner are of one mind. . . . Local disturbances will in no
way
prevent the law from being enforced."
Reno declared yesterday: "There is a bond, a special, wonderful sacred
bond, between a father and his son, one that I intend to uphold."
Staff writer John Harris contributed to this report.
© Copyright 2000 The Washington Post Company