Contemporary Letter

From the Desk of Karl Denninger

January 17, 2000

The Honorable Senator Richard Durbin

United States Senate

Washington, DC

BY FAX TRANSMISSION

I write to you today to implore you to do every thing in your power to block further obstruction of Elian Gonzalez’s return to his father in Cuba.

The facts in this case are clear and convincing.

Elian was abducted from Cuba in violation of both US and Cuban law.
He did not reach our shores under his own power, thereby being ineligible to remain in the United States under the existing treaties between the United States and Cuba.
His father was unaware of the plans for his departure, and did not approve of them.
His mother’s boyfriend, who was previously in the United States stole a boat in Florida to return to Cuba, putting the lie to the claim that they were "fleeing". You don’t flee from a country that you stole a boat – a felony in both countries – in order to return to!
Her boyfriend was barred from travelling internationally by the Cuban government as a convicted felon for that crime – a crime for which the people of the State of Florida (not to mention the owner of the boat) never received recompense.
Under the UCCJA (Uniform Child Custody Jurisdiction Act) as adopted in Florida, six months of legal residence is required before a petition to change custody can be heard in Florida. Elian can never reach that standard, because he is here illegally in the first place.
Under the UCCJA’s federal "wrapper" legislation, as well as Florida’s own enactment of that law, a nation is to be treated as a "state" for purposes of that legislation. As such custody jurisdiction rests in Cuba, not the United States, and cannot vest in the United States unless Cuba relinquishes it – which clearly, they have no intention of doing.
Elian’s father is alive and well, in Cuba, and wants the boy returned to his lawful custody. There is no indication that he is being coerced in this regard by the Castro government. In fact, his family is a long-time Castro Government supporter. While there is certainly no argument that a large number of people in Cuba hate Castro and his government, there is also no argument that Elian’s father, Juan, is not one of these people.
No cogent argument can be made that Elian has been mistreated or otherwise abused in Cuba. Nor can there be a rational argument made that he will be if returned. Quite to the opposite, Elian has all but been annointed by this incident in his home country and, given his family’s position within the Cuban community, he is quite certain to be safe in his future life there.
The INS has ruled, correctly, that his only living direct relative, his father, speaks for him in Immigration affairs. The US Government lacks standing under both Federal Law and good common sense to bestow citizenship upon Elian, a minor unable to speak for himself, by a process that his legal guardian has rejected.
Good common sense dictates that one does not hijack a child’s citizenship over the objections of his parent. If there is one thing we all pride ourselves on in this country, it is our status as US Citizens. However, we pride ourselves on that because we decided to be here, we decide to stay, and before we were of the age of majority our parents decided for us!

Mr. Durbin, I know this is a difficult decision for any lawmaker. But let’s look at the above facts, shall we? And then let’s look at the raw, blatant patronage and influence peddling that is evident in the attempts to keep Elian here, as well as the raw violations of common sense.

Representative Burton, who has subpoenaed Elian to keep him from being returned, has received more than $10,000 in campaign funds from Miami Cuban exiles – and yet he is a representative from Indiana! What is Mr. Burton doing soliciting and accepting funds from halfway across the country, if not accepting funds in exchange for favorable "rulings" and "votes" on issues of interest to these people?

Candidates Bush and Gore both have received nearly $400,000 each from these same people – one of the largest donation sources on a square-mile-basis in the United States. Their positions on this matter are so transparent as to reach the clarity of crystal.

Senator McCain recently pontificated on the Larry King show (CNN) that we should steal from their parents any child we can get our hands on from any country that has a government we disagree with. He specifically listed China and North Korea as countries from which we would be justified in snatching kids!

Mr. Durbin, it is time to stop the charade. It is time to stop derogating the role of family – and family values – in this country. It is long past the time when you, as the holder of public office, should be speaking out on and moving towards enhancing the value of parenthood and families, not derogating them.

I call upon you to expedite Elian’s return to his father by all lawful means.

I further make you, and every other member of the Senate and House this promise – I, and countless others across this country, have been and will continue to watch these events unfold. We can – and will – hold both representatives and senators accountable for their actions in this matter at the polls come this November.

Sincerely,

Karl Denninger