Justice Dept. May Ask Court to Drop Elian Lawsuit

By Seth Lewis | July 7, 2008 | 8:28pm EDT

(Correction: fixes that Justice Department is likely to ask for dismissal of lawsuit)

(CNSNews.com) -
The Justice Department has hinted it will ask a federal appeals court to throw out an excessive force lawsuit by Elian Gonzalez's Miami relatives against former Attorney General Janet Reno.

The department Tuesday filed a notice of appeal in the 11th U.S. Circuit Court of Appeals and said Wednesday it will likely ask the court to overturn a lower-court decision and dismiss the lawsuit, a department spokesman said.

The suit - which targets Reno and other federal officials - claims the relatives' constitutional rights were compromised when armed federal agents staged a pre-dawn raid last year to seize Elian from a Miami home. The boy - who came to Florida after surviving a boat wreck - was later reunited with his father and returned to Cuba.

"Nowhere in the history of my life have I ever heard of a raid like this on a private home," said Ron Guralnick, a lawyer for the relatives. "... You take the worst, most violent drug offender - that kind of raid just doesn't happen."

While Justice Department spokesman Charles Miller refused to elaborate on the department's legal plans, Guralnick called the legal move a "stalling tactic" and said his clients have ample evidence of civil-rights abuses, to prevail.

"I don't think this is a very good case for the government to try because in court they've got big problems," he said.

CNSNews Reader,

The media are hard at work weaving a web of confusion, misinformation, and conspiracy surrounding the COVID-19 pandemic.

CNSNews covers the stories that the liberal media are afraid to touch. It drives the national debate through real, honest journalism—not by misrepresenting or ignoring the facts.

CNSNews has emerged as the conservative media’s lynchpin for original reporting, investigative reporting, and breaking news. We are part of the only organization purely dedicated to this critical mission and we need your help to fuel this fight.

Donate today to help CNSNews continue to report on topics that the liberal media refuse to touch. $25 a month goes a long way in the fight for a free and fair media.

And now, thanks to the Coronavirus Aid, Relief, and Economic Security (CARES) Act, you can make up to a $300 gift to the 501(c)(3) non-profit organization of your choice and use it as a tax deduction on your 2020 taxes, even if you take the standard deduction on your returns.

— The CNSNews Team

DONATE

Connect

Sign up for our CNSNews Daily Newsletter to receive the latest news.