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Elian Gonzalez Case Out of Streets and Back in Legal Arena

Aired April 14, 2000 - 6:05 p.m. ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

JUDY WOODRUFF, CNN ANCHOR: The Elian Gonzalez case is now out of the streets and back in the legal arena.

CNN's justice correspondent Pierre Thomas joins us with the latest -- Pierre.

PIERRE THOMAS, CNN JUSTICE CORRESPONDENT: Judy, the Justice Department asked a federal appeals court to force Lazaro Gonzalez, Elian's great uncle, to turn over the boy. If the court sides with Justice officials, the stakes would be high for Mr. Gonzalez. If he defied the court order, he would face contempt of court, which could mean jailtime or fines.

In addition, Justice officials also ordered Elian to remain in the U.S. while he -- his case is being appealed. That had been a major point of contention for supporters of the Miami family, fearing the moment the father was reunited with his son, he would instantly leave the country.

So, Judy, the Justice Department is trying to simultaneously increase the pressure and set the stage for compromise.

WOODRUFF: Pierre, what's your sense of how long it is going to take for this whole thing to play out?

THOMAS: Well, Judy, Justice Department officials tell me that they expect the court to rule, if not late tonight, sometime early next week, so they expect that this matter will be coming to a head very early next week. Also the concern is that if the court does not take quick action, the Justice Department would have to look at the enforcement option, which they do not want to have to pursue.

WOODRUFF: And after it appeared the Justice Department made a decision on this, why are they going through all these legal maneuvers?

THOMAS: Again, the image of having to go in and physically remove the boy is something Janet Reno doesn't want to do, although I just talked to a former top aides a few minutes ago. who said, in the end, if she has to do it, she will do it.

WOODRUFF: All right, Pierre Thomas, the justice correspondent, thank you very much. Meanwhile, Elian's father, Juan Miguel Gonzalez, says that he is willing to stay in the United States through the end of the appeals process as long as he has his son. Gonzalez remains at a Cuban diplomat's residence near Washington. He, his wife and their infant son visited the National Cathedral Friday for what a spokesperson called private prayer and contemplation.

Gonzalez told CNN's Lucia Newman that he is frustrated but hopeful about regaining custody of Elian.

For an update on Elian's Miami relatives, we turn to CNN's Mark Potter, who is outside their home in Miami, where Elian has been staying the last four months -- Mark.

MARK POTTER, CNN CORRESPONDENT: Good evening, Judy.

It's pretty quiet here in Miami. It's been quiet all day today, certainly nothing like what we saw yesterday when hundreds of people were here supporting the Gonzalez family.

There are some protesters here, a relative handful. They've been very quiet. One reason for that is that we've had torrential rains all day here in Miami. Another reason is that all eyes in Miami are on that appeals court that Pierre was talking about. And people are just here waiting to see what happens next, where the government is asking for an order compelling the family to comply.

We just talked to the spokesman for the family, who said that the lawyers in the case are working feverishly on their response. The appeals court has told the lawyers in Miami that they have until 9:00 tonight to respond to the government's request for an order compelling the transfer. The spokesman also said that the family itself is watching very nervously for what the courts do, and that really is the mood here in Miami.

Yesterday, we had tension, we had euphoria, as the government backed down on its demand for a transfer. Today things are a lot quieter, and I think people are considerably nervous now, wondering exactly what the courts are going to do.

Judy, back to you.

WOODRUFF: All right, CNN's Mark Potter in Miami, thanks.

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