BY HAND
April 23, 2001
The Honorable John Ashcroft
Attorney General
United States Department of Justice
950 Pennsylvania Avenue, N.W.
Room 5133
Washington, D.C. 20530
Re: Illegal Raid on Little Havana Neighborhood
By Clinton-Gore
Department of Justice -- Dalrymple et. al
v. Janet Reno et. al
(Civil Action No. 00-01773) (Southern
District of Florida).
Dear Mr. Ashcroft:
Judicial Watch, the public interest law firm
that investigates and prosecutes government abuse and corruption, represents
Donato Dalrymple, the “fisherman” who rescued Elian Gonzalez on Thanksgiving
day, 2000, and about 50 residents of Miami’s Little Havana neighborhood who
were gassed and beaten by agents of the Immigration and Naturalization Service
on April 22, 2000 (Easter weekend), when Elian was forcibly taken from the home
of his relatives and sent back to the Communist dictatorship in Cuba. This was a day truly unprecedented in
American history, a day that will live in infamy as a national disgrace. The conduct of your predecessor in the
Clinton-Gore Justice Department was an affront to the courage of all Americans
who fled Communist regimes to seek the liberty which our Founding Fathers gave
their lives to create and preserve.
The incident provoked outrage not only in the
Miami Cuban-American community, but nationwide. As a result, most political analysts attribute the election
victory of George W. Bush in Florida -- the state which was pivotal to his
becoming the 44th President of the United States -- to the huge
voter support which he garnered from the Miami Cuban-American community which,
while spitting its vote in the 1992 and 1996 elections between the Democratic
and Republican presidential candidates, broke over 90 percent in favor of Mr.
Bush in 2000. Had its not been for this
support, you would not be Attorney General of the United States. Instead, former Deputy Attorney General Eric
Holder, one the Justice Department officials who, along with former Attorney
General Janet Reno, planned, ordered, implemented, and participated in the
illegal and outrageous raid, would likely be the current Attorney General under
a Gore-Lieberman Administration. Not coincidentally,
Mr. Holder is also deeply implicated in other Clinton-Gore scandals as well,
including “Pardongate” and “Chinagate.”
He, Janet Reno, and former INS Commissioner Doris Meissner are
defendants in the above-styled civil rights lawsuit filed by our clients for
having planned, ordered, implemented and participated in the illegal raid.
Judicial Watch is non-partisan and does not
suggest that the action which we seek should turn on how the illegal raid of
Miami’s Little Havana neighborhood effected and will effect the Bush
Administration’s political fortunes; however, our clients feel differently.
Indeed, it was reported just yesterday that, based on new census figures, if
voting patterns continue, Hispanics will overwhelming break in favor of the
Democratic Party in 2004, giving it a margin of victory of over 3.5 million
votes in the next presidential election. Our clients thus feel that it is in
the interests of the new Bush Administration to seriously listen to their legal
arguments, particularly since new evidence has arisen which shows that the
illegal raid, which lead to the gassing and beating of innocent peaceful
Hispanic protesters who, at the time of the illegal raid, were simply praying
in their front yards for Elian’s right to remain free, was the direct result of
insidious racial prejudice against them.
In this regard, I am enclosing a recently
published article, which appeared in Miami’s
“New Times,” in the April 19-25 issue. In this article, for the first time
Special Agent Rick Ramirez comes forward to reveal a culture of racial
prejudice among and by the INS agents who perpetrated the civil rights
violations against the Miami Cuban-American community in Little Havana. Mr. Ramirez, whose life and the lives of his
family members have been threatened for telling the truth, is of
Mexican-American heritage. Because of
prejudice against Hispanics, he tells how he and other Spanish speaking agents
were isolated from the planning sessions of the illegal raid, and only brought
into the execution at the last moment -- causing them additional risk for lack
of preparation.
Far worse, during and after the planning and
execution of the illegal raid, he witnessed racially motivated conduct which
reveals that the intent and motivation for the illegal raid had as much to do
with prejudice, as a desire by those in the left-leaning Clinton-Gore
Administration to, at all costs, return Elian to their “comrades” in Cuba.
Specifically, Ramirez in an interview given
to Miami’s New Times and appearing in the April 19-25, 2001 issue,
reveals that former District Director Robert Wallis, who has received a
promotion and is now in the Dallas field office, stated after the raid that it
was the “proudest moment of his life when one of his supervisors pointed a
shotgun at the head of Mario Miranda,” the Gonzalez’s family security
person. Miguel Domingo, Supervising
Special Agent in the Fraud Unit, sent an e-mail referring to Elian as a “little
creep.” Another non-Hispanic agent on
the Elian team stated, “Who is going to be the first one up in a tree to shoot
Elian?,” and former Assistant District Director (and now Acting District
Director) John Bulger mocked the attack on Elian and Donato Dalrymple by
opening a closet during a meeting with INS agents and stated, “And now a
special guest.” He then went over to the closet and opened the door saying,
“Come out, Mr. Dalrymple.” Mr. Ramirez
also recalls a box on the floor outside of the door of Section Chief John
Woods’ office which contained a picture of Elian and the proclamation, “KICK
ME.” In addition to other comments, Mr.
Ramirez is aware of paraphernalia in the Miami INS Office mocking the Miami
Cuban-American community as a “Banana Republic” as well as soft drink holders
that contain slash marks through a Cuban flag.
If this was not enough, Mr. Ramirez states that Section Chief Mario
Cavallo told a group of agents, “Listen up, I need you to delete everything
possible from your computers, including e-mails, concerning the Elian Gonzalez
raid.” This constitutes obstruction of
justice.
“It is apparent that the vicious and illegal
attack on Elian Gonzalez, his family, Donato Dalrymple, and other Hispanics in
the Miami Little Havana neighborhood was not only the result of
unconstitutional Gestapo-type tactics, but also racism.
Judicial Watch and its clients call on you as
Attorney General of the United States, and as a strong defender of
constitutional and civil rights, to immediately suspend the offending agents
pending investigation. In addition, we
respectfully request that the Department of Justice – now presumably in the
hands of an Administration which will act more responsibly than the last –
order an immediate criminal inquiry into not only this illegal affront to the
Hispanic community, but also the apparent obstruction of justice by INS
officials and agents.
Attorney General Ashcroft, now is also the
time for your office to conduct a review of politically sensitive cases
involving the Clinton-Gore Administration, particularly since they continue to
be litigated on behalf of the American people by Clinton-Gore appointed Justice
attorneys who do not have the best interests of the current Administration at
heart, but instead were chosen by your predecessor, Janet Reno, for their
loyalty to the last Administration.
I would be happy to sit down with you and
your staff to go over these important matters and trust that action can be
taken swiftly to avoid the compromise not only of justice in general, but also
to send a message to the Hispanic community, now the largest American minority,
that prejudice and bigotry will not be permitted at the Department of Justice.
I look forward to hearing from you on an
expedited basis.
Sincerely,
JUDICIAL WATCH, INC.
Larry Klayman
Chairman and General Counsel
Enclosure
cc: The Honorable Jeb Bush
The Honorable Lincoln Diaz-Balart
The Honorable Ileana Ros-Lehtinen
The Honorable Al Gonzalez
The Honorable Mel Martinez