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On April 22 2000 federal agents raided the home of alien Gonzales has family in Miami.
It took the six year old boy back to his father in Cuba hours later Eric Holder who was deputy attorney general at the time.
Appeared on Fox News to defend the decision to send -- back to Communist give.
Eric Holder is with us live via deputy attorney general and mr.
-- thanks for being with us.
-- can -- -- -- deck and you find out why did the government do what it did this morning.
Well we got to the -- -- we didn't think that any further conversations with the Miami family was going to be productive as a result we decided that this enforcement action that the attorney general ordered we had to reluctantly do.
Had we thought that we were making progress any kind of front was small amounts of progress we would have waited and continued the conversation about.
-- -- I think if we we're making more progress.
And things got a little heated few moments later -- Fox's own projects and an apology on a confronted holder about the decision.
Isn't it clear in -- -- -- and that's back Court of Appeals ruling preliminary though it may be.
That the court ruled that the IMS may not do exactly what it did this morning which is without a court order.
Change the guardian of this child.
When is the last time a boy our child was taken at the point of a gun without an order by judge unprecedented in American history.
He was not taken at the women don't have a photograph showing that he was taken at the point of a gun.
They were armed agents who went in there and acted very sensitive I don't know if you can see -- screen with a gun is pointing at the boy.
The agent is grabbing -- -- there's no court order that says in the -- that this can be done there's no precedent in American history.
For transferring custody at the point of a gun without an order of a judge.
Do you point to me in that decision that you -- -- -- in that decision says that the INS was forbidden from doing exactly what it did today.
The court did not say that the -- could not change constantly trying to -- decision they're older know the INS decision said that he could not be removed from the country.
That is what the injunction was all about.
Everything else is really pressed for -- to -- will be heard by the eleventh circuit.
Here a couple of weeks lighting you -- -- when judging get a court order to transfer custody like every other custody transferred in the history in this country has occurred.
Instead of using authoritarian Jack good tactics like putting the muzzle of a gun in the face of a six year old boy.
Are you referring to Jack -- tactics by -- good American law enforcement agents who acted consistent with the law.
Following orders of us imperial who was following the law what I like gyro on the right Eagles from Nazi Germany or other places is totally wrong and you know -- -- You went -- that's what judge authorized this and why didn't you go to court to get a judge -- authorize this because when the court's order of these things.
People accept them the courts are -- neutral branch we don't need violence we don't need guns we don't need raids in the middle of the night.
Why did you stay away from the courts we did not stay away from the court what court order -- this is we use the U lawful process he would RNS has the ability to do those things that we ordered to be done today.
It is not required media the INS has vast discretion in these matters -- you do not require a judge to glacial waters as you have suggested.
Joining us now on the phone is Fox News senior judicial analyst -- -- -- Judge.
Did this on this particular case was there a search warrant that they use to get to that house.
You know at the time that I was interrogating him he did not know.
That his own people got to search warrant and I didn't know that he got to search warrant we later learned that he got one I got a copy of the search warrant.
I got a copy of the affidavit they presented to a federal judge on Good Friday they waited until there was only one judge in the courthouse.
And it was filled with material misrepresentation.
They claim that Elian was being kept against his will.
They're actually coming in was being kidnapped by his uncle whereas in fact the -- and that had given -- -- was uncle and a family court judge.
Had -- the uncle would be the best custodian for the boy.
I was definitely a -- that there was a judge involved however there was a Warren.
It is what is -- -- in -- -- Eric Holder though.
Are you suggesting that he has no business being attorney general United States.
Well you know that's a bigger picture Alan I I happened I know he's a bright attorney Anna hardworking guy and the and the benefit of the doubt should go.
To the appointment to the president that is appointing him but in this instance.
Just as with the Marc Rich in the FA LN pardons he exercised very poor judgment.
He didn't know what was going on and he was not respectful of.
Along highway judge it's -- here you say that he that he violated the will of the court a court order but there was no court order to support this.
In the Elian case we in the case of Marc -- who renounced his citizenship was involved with the Iranians at a time where Americans were being held hostage.
You bring up but it we have the other case -- the FA LN we have video of these guys making bombs were shown me tonight -- images of the three.
And then we have the case two convicted.
Weather Underground members that was serving time in jail.
This -- this is why you're doing a public service because the public needs to know.
That this is the background of the man but it's going to be years as president elect Obama gets his way the chief law enforcement all the -- -- plan.
Wait a minute yeah I -- I love it to death but you -- your say he showed poor judgment this is in poor judgment this is reckless and irresponsible I enjoyed -- All along with a reckless and irresponsible look talking more occasions you do not change custody of -- child.
-- shoving a muzzle of a gun and the child's face.
These guys were afraid to go to a family court judge they were afraid to follow what their own Immigration and Naturalization Service have determined.
What's in the best interest.
-- a second first of all I give you credit your phenomenal in this interview.
Because it wasn't the pointed the gun he was in defiance of that court order you're absolutely right your interpretation is dead on.
And I gave -- a lot of credit but I wanna I wanna go this.
On at least four issues.
Well releasing terrorists -- all of them releasing one of the biggest criminals ever in the case of Marc Rich who renounced his citizenship.
That case that picture -- Elian Gonzales.
Now this is beyond poor judgment judge.
This tells me this man is not qualified to be.
But you know the attorney general of the United States of America -- after at least four and we're investigating other instances should even be considered.
Well this is a very bad message that the president elect -- -- to the Judiciary Committee and if they didn't have overwhelming numbers of Democrats in the senate.
I don't know that he'd even be confirmed the Marc Rich -- Sean it's particularly reprehensible.
Because there may have been a quid pro quo there may have been a contribution to bill Clinton foundation from mrs.
Judge -- really make Harry Winston.
All right I gotta take some judge great job my friend -- you did a phenomenal job of that interview thank you -- back what you guys we always love having you and coming up --
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