What a coincidence! Of the twelve federal judges in the State of Florida, from amongst whom one had to be chosen 'by raffle' to decide on the appeal against the decision by the United States Immigration and Naturalization Service which acknowledged Elian's fatherís rights, the famous Judge King was chosen.
The Mafia which kidnapped the child had already announced that on Wednesday they would file a lawsuit on behalf of a great uncle, more fictitious than real, to prevent Elian's return.
The main objective was to play for time so that, both in the Senate and in the House of Representatives, the allies of the Cuban-American National Foundation could introduce a bill intended to grant American citizenship to a six years old child. Congress will resume its sessions on the coming January 24th. Clinton will present his state of the Union address on the 26th. The discussion of the unusual bill is expected immediately afterwards. Some people talk of possible last minute changes to make it less obscene but equally perfidious. Leaders of the Republican Party with a majority in both Houses are sponsoring the initiative.
Therefore, the attack on Elian's rights and those of his father are twofold in order to leave out any chance of the child returning.
If Judge King fails to favor the Mafia, the United States government would have to resort to the Fourth Circuit Court of Appeals in Atlanta. It is claimed that a negative ruling there would be irreversible. If Congress approved the American citizenship, the kidnapped child would lose his own true citizenship --his Cuban citizenship-- and the INS would cease to have any jurisdiction over the case.
As for custody, the decision would be in the hands of a Florida State judge, very similar to the infamous Rosa Rodriguez, presently involved in an embarrassing scandal after her ruling granting custody to the notorious great uncle who had only seen the child once in his life. The spokesman for the plaintiffs turned out to be the head of her electoral campaign for office.
Who is Judge King? He is the person who ruled that Cuba had to pay 182 million dollars for three of the four 'Brothers to the Rescue' pilots, American citizens of Cuban origin, who died in an incident brought about by one of their numberless violations of our country's air and land space. As a result, funds from the Cuban Telephone Company were blocked and direct telephone communications reduced to minimum. The U.S. government tied its own hands in the brutal case of Elianís kidnapping when it allowed the Mafia time to act and manipulate the situation wantonly instead of immediately returning the child to Cuba in compliance with the INS decision which, on behalf of the Administration, promised to return him no later than January 14th.
There are still various possibilities.
First: a miracle. That Judge King rules in favor of the INS before Congress casts its vote.
Second: that the proposal to grant citizenship does not rally a majority, which seems unlikely given the number of Republicans in Congress and the complicity of various Democrats.
Third: that after Judge King rules in favor of the Mafia, the INS obtains a favorable decision in the Atlanta Federal Court, and provided that the bill on citizenship is not already passed by Congress.
Fourth: That the final ruling favors the INS and that the bill introduced by the Mafia and the extreme right is passed by less than two thirds of the House or Senate, in case President Clinton decides to veto it. Many people doubt that he is prepared to do so, even though it would actually take more courage to sign it than to veto it since both his personal reputation and that of his country would stand to suffer a devastating blow of unforeseeable political consequences.
There is one positive element. The American people, whose deepest traditional family values have been most hurt, are increasingly supportive of Elianís return. Likewise, the most responsible and prestigious media in that country support his return. Support for our countryís just claim in favor of the child and his family is growing worldwide.
Our wise and vigorous battle at every stage will be decisive.
Elian will return, even if Congress approves the infamous bill and if equally infamous judges rule in favor of the Mafia. The United States cannot afford the huge political and moral toll of such madness. Neither hatred for our small but rebellious and valiant country, nor the counterrevolutionary and terrorist Mafia they so carefully crafted will this time lead them to a Bay of Pigs but rather to a hopeless Zapata Swamp, a few miles from that unforgettable beach.
Clinton, who craves for a place in the history of the United States, should remember Kennedy' courageous and wise words when he took responsibility for the events leading to the Bay of Pigs fiasco: 'Victory has many fathers but defeat is an orphan'. Once this sensitive issue is over, everyone would blame him. It would be much better to act responsibly and avoid defeat while it is still possible.
Cuba is not in pursuit of honors. It wants justice. Let the child be returned to his father and his Homeland. That would be the only respectable, and still possible, solution and one that would honor him, his country and his people.