Center for International Policy

Wayne Smith Comments on Trials
February 4, 2005

That these 13 people in Miami are seeking up to $250,000 each in damages from the federal government reaches into the stratosphere of chutzpah. They charge that federal agents sprayed them with tear gas, shoved, cursed and traumatized them five years ago during the raid to take custody of Elian Gonzalez.

Why chutzpah? Let's review the events leading up to those dawn events on April 22, 2000. Attorney General Janet Reno had met with Elian's uncle, Lazaro Gonzalez, a few days before and pointed out to him that the courts had ruled against him, that legally he had no choice but to turn Elian over to his father, or to federal agents for delivery to the father. The uncle's response was that he would not, that the federal government would have to take Elian by force. And so, in the early morning hours on April 22, helmeted federal agents arrived in front of the house and announced that they were there to take custody of the boy. The uncle and others inside the house barricaded the door. The agents broke it down, forced entry and took custody of Elian, as they had a legal warrant to do. Meanwhile, an angry crowd outside threatened the federal agents, who sprayed them with tear gas.

Of course they did. What did the demonstrators expect? The courts had ruled. The federal agents were carrying out a legal operation. Whether the demonstrators agreed with the court's decision or not, they had no right whatever to interfere. They are lucky they weren't all arrested and hauled off to jail. And now to claim damages because federal agents resisted their efforts to interfere...Well, as I say, it soars into the stratosphere of chutzpah.

Fortunately, the case is being heard by a federal judge. Were it a jury trial in Miami, the jury would likely find in favor of the plaintiffs and award them double what they are asking.