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Morning News

Great-Uncle of Elian Gonzalez to Respond to Government Ultimatum

Aired March 29, 2000 - 10:01 a.m. ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

BILL HEMMER, CNN ANCHOR: Today could be a rather pivotal day in the very young life of Elian Gonzalez. Just like the rest of us, the 6-year-old will be a spectator. His great-uncle, who has cared for the boy in Miami, is due to meet with government officials as a deadline tomorrow bears down.

From Mimi now, here's CNN's Susan Candiotti with more.

(BEGIN VIDEOTAPE)

SUSAN CANDIOTTI, CNN CORRESPONDENT (voice-over): Before the end of this day, Elian's great-uncle must respond to a U.S. Justice Department ultimatum: Sign this statement promising to surrender the boy if all appeals are exhausted. Otherwise, the 6-year-old's legal permission to remain in the U.S. will be revoked first thing Thursday morning.

ARMANDO GUTIERREZ, GONZALEZ FAMILY SPOKESMAN: It's very unfair.

CANDIOTTI: A spokesman for the boy's Florida relatives denounced the government's threat. U.S. authorities insist the law must be obeyed, the boy returned to his father in Cuba.

KAREN KRAUSHAAR, INS SPOKESWOMAN: While INS has always had the authority to implement its decision, we have gone to great lengths to bring about a resolution that is carried out in a manner that creates as little disruption for Elian as possible.

CANDIOTTI: While the government has said it does not want to use force, some legal experts suggest it should be an option.

IRA KURZBAN, IMMIGRATION ATTORNEY: When we had desegregation in the south and George Wallace stood at the doorway of the University of Alabama to refuse to desegregate the schools, the federal government knew what to do. They knew how to enforce the rule of law. And either we have a rule of law in America, or we don't.

CANDIOTTI: Elian, meantime, playfully waved to supporters poised outside his uncle's home. The youngster's cousin says even if her family lost in court, the only person they'd turn the boy over to is his father at their house.

MARISLEYSIS GONZALEZ, ELIAN'S COUSIN: I would like his father to come and pick him up, because I know he's safe, and I know that I put him in good hands. I will not give this little boy to anybody.

CANDIOTTI: The family had expected ABC network to air a taped interview Tuesday, in which the boy talks about his father and reportedly claims he does not want to go home. But the network said because of the inflamed climate and subject, it decided not to broadcast the boy's words.

(END VIDEOTAPE)

CANDIOTTI: Not long from now, attorneys representing the Florida relatives of 6-year-old Elian Gonzalez are going to be getting together for a final strategy session before that meeting with immigration authorities at about 4:30 this afternoon. They are hoping the government will make some final concessions, wiggle room is what they are looking for, Bill, in what they refer to as "negotiations."

HEMMER: Susan, we talked with Kendall Coffey, one of the many attorneys representing the Miami relatives there in southern Florida, 30 minutes ago -- you may have heard it yourself. It appears that they're trying to work out some type of deal that you were just referring to. But will that stave off this sort of train wreck that we may be headed on 23 hours from now?

CANDIOTTI: Well certainly they hope so. They're looking for wiggle room, for example, on how much time -- much more time they might have to file legal briefs.

Remember, even if the parole is revoked, the attorneys could ask for a stay, an injunction, to try to prevent all this from happening. And I can tell you, the community is indeed getting revved up more and more, certain segments of it. In fact, at around the noon hour, a news conference is planned by some mayors in the downtown Miami area to discuss what they should think happen.

And some of the politicians here -- some of whom are Cuban exiles, not all -- are hoping for the boy to get his day in court. They continue to hope that at this hour.

HEMMER: There will be a message sent in that rally, no question. Susan Candiotti, live in Miami, thank you.

Now to Daryn.

DARYN KAGAN, CNN ANCHOR: This week's Justice Department ultimatum to the boy's Miami relatives signals a dramatic shift in strategy. The government lawyers are apparently no longer willing to passively watch the case wind through the appeals process.

CNN's Justice Department correspondent Pierre Thomas explains what it means and what it could happen next.

(BEGIN VIDEOTAPE)

PIERRE THOMAS, CNN CORRESPONDENT (voice-over): According to Justice Department sources, Attorney General Janet Reno is taking a more aggressive stance amid growing concern the Miami family members of Elian Gonzalez may not turn him over, even if they lose their appeal in federal court.

PAUL VIRTUE, FORMER GENERAL COUNSELOR, INS: They could use any number of other maneuvers in state court or other forums to prolong the process. So I think the Justice Department really wants to nail this down.

THOMAS: If the family does not sign an agreement promising to turn over Elian, U.S. immigration officials will revoke his great- uncle's temporary custody at 9:00 a.m. Thursday. Then, according to sources, Justice officials will mandate a plan for an orderly transfer to INS custody, including a specific date and time. And sources tell CNN one option is to have Elian's father come to the U.S. to take him home.

While Justice officials say they don't plan to remove the boy Thursday, it could happen before the federal appeals court has ruled. Justice officials say refusing to sign the agreement violates the great-uncle's conditional custody.

But the tough stance is drawing heated congressional criticism.

SEN. TRENT LOTT (R-MS), MAJORITY LEADER: I think there's going to be big trouble if the administration, based on INS rules, basically just says: Well, you're going back.

SEN. CONNIE MACK (R), FLORIDA: I frankly don't understand it. It's not the right thing with -- from the perspective of Elian. It's not the right thing from the perspective of the country and the pursuit of justice, and I think it's dangerous as well.

THOMAS: Justice sources say they'd like to resolve the situation without a dramatic confrontation that could traumatize Elian. But they also apparently will not stand for lengthy delays beyond the federal appeal.

(on camera): The decision to press the issue is not without risk. If the family rejects the agreement, Justice officials may be heading toward the very confrontation they have been trying to avoid.

Pierre Thomas, CNN, Washington.

(END VIDEOTAPE)

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