With Carl Limbacher and NewsMax.com Staff
For the story behind the story...
Thursday April 27, 2000; 11:38 PM EDT
Napolitano: 'Indict Reno for Kidnapping'
Florida Governor Jeb Bush should convene a grand jury and
attempt to indict Attorney General Janet Reno for Saturday's
gunpoint abduction of 6-year-old Cuban refugee Elian Gonzalez.
That's the opinion of former New Jersey Superior Court Judge
Andrew Napolitano, who made the shocking assertion Thursday
night on Fox News Channel's Hannity & Colmes.
Arguing that the Justice Department had gone far beyond what the
law allowed in the Gonzalez case, Napolitano told Fox:
"The search warrant was unlawful. The seizure of the boy was in
direct violation of the 11th Circuit Court of Appeals. And Jeb
Bush should go before a grand jury in Florida and ask that Janet
Reno be indicted for kidnapping."
Since last Saturday's pre-dawn raid, Napolitano has become one
of Reno's more outspoken legal critics. On Wednesday he penned a
forceful op-ed piece for The Wall Street Journal entitled
"Reno's Raid Was Based on Tissue of Lies."
But Napolitano reserves his strongest rhetoric for the talk show
circuit, where his arguments often defy conventional legal
wisdom.
Nationally syndicated radio host Lowell Ponte cited one of
Napolitano's more remarkable Elian case insights in his Monday
column for Front Page Magazine Online (See: Search and Seizure)
Noting that the INS appointed Elian's great-uncle Lazaro
Gonzalez to be the boy's legal guardian and that Lazaro has
already applied for Elian's asylum, Ponte wrote:
"As veteran Judge Andrew Napolitano has observed, under federal
law and INS regulations, once such an asylum claim is filed, the
INS and Justice Department lose all power to remove the original
guardian. If they could do this, the government could deny any
asylum application a fair hearing merely by assigning a new and
unfriendly guardian to his case."
If the judge's argument turns out to be legally sound, it could
have devastating implications for the Clinton administration.
For instance, it would make the Justice Department's gunpoint
abduction of Elian a gross violation of the law and perhaps
provide the foundation for the kidnapping indictment Napolitano
envisions.
The former Superior Court judge, who now teaches constitutional
law at Seton Hall Law School, made the same case Wednesday on
Sean Hannity's New York radio show:
"The federal court had already ruled that [Elian] was lawfully
in the house. Why? Because the INS chose Lazaro as the guardian.
And the INS designated the place for the boy to live - in
Lazaro's house. Now the INS attempted to change that. But they
made the mistake of attempting to change the idenitity of the
guardian and the place of the boy's residence after the
application for asylum was made."
Napolitano continued:
"If they had made that change before Lazaro and Elian filed an
application for asylum, they could do it. But once the
application for political asylum has been made, the INS loses
its power to change the identity of the guardian and the place
of residence for the boy."
Obviously, the Clinton gang doesn't see it that way. But if the
courts concur with Napolitano, the Elian Gonzalez case could
turn out to be the most prosecutable of all Clinton
administration scandals.
####
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Kadosh, Kadosh, Kadosh, YHVH, TZEVAOT
FROM THE DESK OF: <[EMAIL PROTECTED]>
*Mike Spitzer* <[EMAIL PROTECTED]>
~~~~~~~~ <[EMAIL PROTECTED]>
The Best Way To Destroy Enemies Is To Change Them To Friends
Shalom, A Salaam Aleikum, and to all, A Good Day.
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