Search Warrant 'Trick'
The Clinton Administration's procurement of a "search warrant"
to raid Elian's refuge is a window into how out-of-control these goons
April 24, 2000 4:13 PM
First off, you don't get a search warrant for anything other than
inanimate objects. INS Commissioner Doris Meissner was asked on CBS's Face
the Nation: "What were you searching for?" At this point,
gales of laughter among lawyers had to follow her answer: "The
You get an arrest warrant to seize a person. But Elian is not a
criminal, so no arrest warrant would be appropriate either.
When Eric Holder, number two at Justice, was asked by Judge Andrew
Napolitano why the government didn't get a court order authorizing the
raid, Holder said, not knowing of the trick with the search warrant,
"We didn't need an order."
Napolitano, then correctly, pointed out that they sure did, since they
asked for one from the 11th Circuit.
So, the government, knowing they couldn't get an order authorizing the
forced taking of the boy, went to a lowly magistrate and got a useless
search warrant ... useless legally. But useful on Sunday talk shows so
that they could falsely but plausibly say they had a "court-ordered
search warrant" authorizing the raid.
But Bob Shieffer, in his common sense training, understood that this
was not a search; it was the first change of custody in American
history without a court order and at the point of a gun.
NewsMax now has the actual "search warrant" issued as a phony
pretext for the pre-dawn raid upon Elian's refuge. Upon review, it appears
that the Clinton administration acted more unlawfully than even NewsMax
The warrant, in order to be issued, required Reno's Justice Department
to assert that the boy, Elian, was a "concealed person"; that
is, that the Justice Department did not know where he was by virtue of his
Did not everyone on the planet except Janet Reno know where the boy
was? All the media of the modern world were in front of Elian's house
because everyone knew he was there! He came out almost every day to play.
If he was to be taken, without a court order, which the 11th Circuit
refused to give, then he would be taken from that house and that house
But "concealed person" is the word required on any search
warrant. The Clinton Justice Department used that word in a context
defining it as the opposite of its clear meaning in order that the White
House spinners would be able to say, dishonestly, that a court approved
Elian's whereabouts were not concealed. They were know to an absolute
certainty. Which is why the search warrant was illegally obtained and
void, thereby rendering the taking of the boy — with no legitimate
judicial approval — illegal in yet another way, unknown until the search
warrant became public.
This is an administration that does not know what "is" is,
and uses "concealed" when disclosed would be the right word.
Only the truth is here concealed from a naive majority by a president and
administration betting heavily on P.T. Barnum's "sucker born every