House of Cards

I honestly don't know where to begin with the Goldman case, because there have been so many twists and turns today that the case has been entirely turned upside down. My head is literally spinning with all of the things that happened today, so I'll try to explain them as coherently as possible.

As you know from my post earlier this week, the Brazilian family was granted a stay by a judge known for going against the other judges and also known for close political ties with the family. The decision meant that the case could be drawn out until February or longer, even though it's been going on for five excruciating years. You will also remember from my post that Secretary of State Clinton commented on the TRF-2's unanimous decision to send Sean home and how she was happy that the case was going in the right direction. You can imagine how she probably felt when she found out about Marco Aurelio's little stunt, especially given the fact that the request--for Sean to be heard in court--was already denied months ago by the Supreme Court.

So suddenly, the wheels started spinning very fast. The international media is all over the story, and suddenly Brazil's embarrassing judicial system is in the spotlight once again. Since Congressman Chris Smith is with David in Brazil, word got back to Congress that there was more trouble. So Senator Lautenberg from New Jersey halted a bill that would give trade preferences to Brazil in protest.

Then this evening, David's lawyers and the AGU, the attorney general's office that represents the Brazilian government, both filed separate injunctions (to be exact, writ of mandamus) against Marco Aurelio's decision, directly challenging it. Meanwhile, Marco Aurelio was kicked off the case and even though the STF is now on summer break, they will hold an emergency session in the next few days. It's unclear whether a definitive decision will come out of it, or if David will in fact have to wait until February. If someone wants to take a look at the actual mandado de segurança, see here.

Oh, but there's more. In reiterating its support for David, the AGU stressed that Brazil is in danger of threatening reciprocity agreements if it fails to live up to its committment to the Hague Convention, and even said that Brazil may be tried in the Inter-American Court of Human Rights about child abduction. It also underlined the threat of international repercussions, which the family's lawyer, Sergio Tostes, also claimed was a serious problem with the case yet again. The AGU says that David must be given custody of Sean "as a matter of urgency."

No wait--there's more!

Also today, Tostes had the unbelievable chutzpah to send David a letter inviting him to have Christmas dinner at the abductor's home--that is, at Sean's grandmother's house. It's their way of trying to make it seem like they have made Sean available to David all along and that they're friendly with David, even though they refused to let him visit for five years, returned his packages and letters and gifts, refused to let him speak to Sean by phone or e-mail, and the little fact that David received death threats when he refused to give up the legal battle. David only managed to see Sean in early 2009 under court order, accompanied by court marshals, a US congressman, and several people the Brazilian family ordered to be in the same room at all times with David. The last time he saw Sean was in June, though the family refused to let Sean leave the condo complex and subjected him to obvious psychological torture and parental alienation during the visit.

I swear, there's more.

During a press conference today, Tostes also said that the abducting family is ready to negotiate. This is the absolute last thing I expected to happen, and is due to two things: 1) they know they are going to lose the legal battle - rumors are swirling that the higher courts are fully ready to give custody to David, and mostly 2) it seems to me that political pressure is coming from very high up in the Brazilian and American governments like never before, since this is turning into an international crisis yet again. They have been unrelenting until now, and this political pressure seems to be the most plausible reason for their sudden change of heart. However, Sean's custody isn't exactly up for negotiation--they committed international child abduction, among many other things, and the law is crystal clear that Sean's custody must be tried in New Jersey. So I'm not sure how they exactly expect to negotiate, but that remains to be seen.

THERE'S MORE!

Even though the Brazilian family is making a last ditch effort at being diplomatic, they also mentioned during the same press conference that they will go after David with "evidence" and "prove that he's an unfit father." Epic fail.

In other news, in a great article from Seth Kugel, the tide of public opinion in Brazil finally seems to be moving in the right direction, as the lies fade away and people realize what is actually going on. It made me extremely happy.

David is hanging in there. Watch his full interview he gave to the press here, where he talks about his right as a father and his need to be with his son.

Earlier this week I was more pessimistic than ever, but things have taken an unbelievable turn for the better and this house of cards may fall just yet.

Comments

[Simone]

That's right, Rachel. That's their way of saying "you see, we have been 'nice' all along, and it is 'he' the problem. He has abandoned Sean". What a disgrace!

Want to know something? Honestly? If by any chance, he gets yet another delay, he must sue this family for damages against his son, him and all the money he had spent and everything else. He should sue for defamation, etc. He must fight ugly, if you know what I mean.

I know he is nice... he's trying to do the right thing, wait for justice. But, if no one (I'm referring to the authorities) really cares to do something after over 5 years !!!, he should play the game. It's my opinion.

God, I am so sad and enraged by this... something good must come out from all David's suffering.

[Ray Adkins]

Rachel,

Thanks for the great info...
This is great news!
Let's keep our fingers crossed.

Ray

[Neil]

Excellent summary of events,,,thanks. Things do appear to be moving strongly in the right direction.

[Flo]

Dear Gringa,

I have been following your web for a long time for this very reason. My heart sink every time I hear and read the story as I have my own little one and I can never imagine any child being taken away their parents. Please keep writing on your site since you post very important updates and I REALLY CANNOT WAIT UNTIL SEAN IS IN THE STATES WITH HIS DAD DAVID.

Thank you so very much.

[Tim]

Like you mentioned, I try not to get too encouraged by any positive development in this case because that awful family always seems to have another card to play, but this is very exciting and I hope it finally is resolved the way it should have been years ago.

[SandraM]

Rachel, your summing up is great. As always.

[Jon]

That would be a nice Christmas present for David, no? Being able to take his son home and get the hell out of there.

Cya soon.
AHHHH SNOWWWWW.

Tell Eli to get ready, it's gonna be bad.

[Elena Betts]

Thanks for sharing this Rachel, you gave a great summary that helped me catch up in the details of the case! I'll be keeping my fingers crossed for David and Sean!

[Ernest]

What a surprising turn of events. Its good that Marco Aurelio Collor de Mello (yep, they're cousins) was taken off the case, as his involvement was a clear
case of conflict of interests. Now, should David accept the invitation? Im not sure. He refuses, they can use it against him. He accepts, they use it against him as well... What a quagmire

[Barao da Praia]

Rachel:

Why don't you ever post comments that oppose your point of view? Could this be blatent censorship form a Gringa who touts American vertues (i.e. freedom of speech)?

[Rio Gringa]

"Barao" I actually do. If you notice, this blog has been around for two and a half years. But freedom of speech applies to me, not commenters. This is my space, so I decide what goes up here. It's not a public rally or a newspaper, and even at those events/places people decide who gets to speak/write, just like I do here. Sorry, but censorship doesn't apply to commenters, especially since many with "opposing" viewpoints are unable to do so in a way that is not incredibly offensive.

PS. It's "virtues" and "blatant" and "from." Lots of people with your so-called "opposing" view points don't know how to write correctly and that can be irritating.

[Ray Adkins]

Barao da Praia,

Your ignorant "opposing" views are about to hurt your complacent people with a mere 3 billion dollars loss in international trade!!!
Think about that while you consider the pros and cons of supporting a group of powerful "THUGS"!

Ray

[Eduardo C.]

Ray,

This is a justice dispute and there will be no sanctions.

The US lost its position as the first trade partner of Brazil to China this year and the European Union is ready to claim its share. People who talk about sanctions do not understand about both economies. Brazil is less dependable of trade then countries like Cuba or Iran, almost the entire economy is domestic.In fact, technically, if all the rest of the world disappears, we ´d live with our own resourches, thanks to a continental area and the militar government, we learnt to live in an "island".
Brazil is strategically important to the US, as its the biggest economy in Latin America.
Metals, meat,oil,etc... are raw stuff, easy to find who wants to buy that.If the US cancel a contract, later, nobody would risk to built a business to sell brazilian stuff to the US, they will format their business to favor other partners.
Brazilian orange juice and agribusiness related to the US, are in fact, kind of US companies operations inside Brazil, their stocks would be at risk as they need the Brazilian stocks to sustain their logistical chains.
Last year, we imported 2 billion more from the USA then the USA imported from Brazil, so then you would have to deal with a pay back, like, higher taxes to USA goods: helicopters, cars, mobiles, computers, business chains etc..and also future military extremily expensive weapons(giant job providers in the US), there are plenty of countries out there trying to win contracts and sell stuff to Brazil, as you might know.

The Euro Union, Bric etc...could profit from all above, immediatally.

This is just to explain how trade works between the 2 countries.

This issue will be solved in a diplomatic way, there are international justice controls to do that. They will see that the presidency branch is acting, and here or in the US, a president can not rule as a judge, in any case, no matter what. If Lula do rule, he would be acting ilegally, as a ditactor, and that´s a huge deal in this country, if you know our recent past.

Another tip:
Brazilian justice system follows the Roman/Germanic justice systems, where the law is more important then the judge.
That should avoid corruption, but as there are too much text in our legislation, it ends up opening too many doors till the end of the "jouney". If a good lawer finds some usefull door, bingo.

The US has a British justice system, where the judge has more power to decide, so he or she can exercise a "human" behavior, it might be good, it might be bad.

See, in the US, if a group "forces" a judge, it works, here, it doesn´t work all the time, cause the text, which can have different interpretations, must be respected, if it says that one part has the right to appeal several times, this part will probably do it.

So is difficult to blame an specific one, and some people just love that.

[Rio Gringa]

Eduardo -

Good points and I wanted to add-

1) So Lula acting as a judge on the Battisti case is an dictatorial move then? Because I certainly think so. And he will, because the Supreme Court has already yielded to him and is leaving the decision up to him when it is another clear case of international law where he should be extradited, as the Supreme Court ruled. It seems Lula is going to decide otherwise.

2) The US isn't going to sanction Brazil - they are just threatening to delay the trade preferences bill, which is worth over $2 billion a year. At first, I thought it wouldn't be such a big deal considering that Brazil is not at all dependent on US trade, but it turned out to be such a big deal that the Minister of Foreign Affairs scheduled an emergency meeting with the US Senator who halted the bill. Go figure?

[Eduardo C.]

Rachel,

1) Battisti is one good example, not just you thought it was a dictatorial move, other people here became really mad, and now Lula became just a toll to the Supreme Court. As Minister Gilmar Mendes said: "the Supreme Court's decision in favor of extradition is not only an authorization, its an order to the Executive". And: "The Supreme Court is a not a consultative body. There is no room for choice". Lula began the case and now he must finish it with his own voice, telling Italy Battisti is going back to Italy,according to the Supreme Court. He can still try to keep Battisti in Brazil, but then he will have to appeal,
justifying in a legal way, and the Supreme Court will judge. So, the last November decision is not valid anymore.Lots of headaches for Lula and very different from a ditactor way of ruling.

2)The Minister of Foreign Affairs is paid to solve this issues, he´s a diplomat, 2 billion is good money, but its not like war, when a few president´s good friends end up profiting during and after the event, and lots of people loose all the way. Its a fight both countries will just loose, cause the US is much richer then Brazil, but they both represent the same thing to each other, when it comes to trade. Both can apply equivalent punishment to the other, no winner, just 2 losers. The biggest difference its what each one exports to the other. Brazil buys finished stuff, and the US has an huge cost of marketing in Brazil to convince brazilian customers to buy them(sometimes this is more expensive then the production costs).The US import raw stuff, no marketing costs by the brazilians and usually very important to the US so they can built products "made in USA" and profit much more.Have you ever seen a Brazilian brand add in the US? We watch US products adds all day long during our lifetimes in Brazil.The americans don´t even know that Budweiser beers are more brazilian then american today.Globalization....

But I agree with you about the Brazilian justice disaster, its also cultural, it depends on what side you are, you could be in advantage or not, so there is not a real fight to change it.

Soon this kid and Battisti issue will be solved and we´ll be left alone again here in our "island", and nobody will really care about justice system reforms...at least till the next international case.

[Ray Adkins]

Eduardo C.
If Brazil was such an "island" it wouldn't have the largest concentration of AMERICAN AND GERMAN corporations outside of these respective countries.
Lula's government is selling an unrealistic view of Brazil.
Brazil might not be so dependent on the US economy but it sure is dependent on foreign trade.
You would not be bragging about such Independence if Brazil saw all the international investments disappear overnight, it would certainly get very desperate in you so called "island"!
It is too cynical the Lula is able to hold a murderer from going to jail in Italy and he says there is nothing he can do about such an outrage of the Goldman's injust situation.
Again, 3 Billion is considerable money, regardless how indenpent, wealth or proud a country might be.
Lula is as corrupt as they come, he is just too lucky and has the support of the majority of the poor, which in Brazil is quite significant.
I am just enjoying too much to see them scramble for a solution now, MONEY IS KING, unfortunately, basic human decency didn't move your DIRTY president to move his ass and do his job, maybe this will.

Ray

[Laurel]

How sad for young Sean. Not only are his grandparents kidnappers, they are also manipulative liars. Hope he's soon home with his REAL father where he belongs.

[Pam]

Sean needs to be with his father. I am a grandparent and I can't imagine doing this to my grandchild. If they truely love their grandson they would let him go to with his dad and pray their grandson will forgive them!

[Account Deleted]

Finally some light at the end of the tunnel. I have been following this ´novela´of David and Sean since I came across the story on the Today show.
I find it incredible that the judge in question was able to do what he did. This type legal maneuvring since Sean was brought to Brazil has dragged this case on for almost 5 years. I am in Brazil and the public opinion is favoring David as more and more information is being sent out through the media.
Of course there will be the odd commentary that Americans are imperialists and are here to invade and pillage Brazil(nothing could be farther from the truth...in fact the economic énemy´is China with their 10 billion dollar plus investment in Petrobras...but I digress).
I pray that David will be with Sean soon, and hopefully he will be able to undo the psychological damage caused by this illegal separation and abduction that has endured almost 5 years!!!

[Al]

Here is the link to a reuter's news article. http://www.reuters.com/article/idUSTRE5BF4YJ20091221 The interesting thing is a picture tells a thousand words with David Goldman holding a Christmas card or letter sent to David, but was returned to sender. I think that tells the story on both sides, the father wants and attempts contact with his son during this difficult time and the other side tries everything to keep any & all contact of David from Sean Goldman. I am glad to see the US Congress delaying the Brazil trade bill, it's about time. Maybe this will finally be resolved and David & Sean can come home to New Jersey

[RogerPenna]

Sean must be returned to David ASAP

On the other hand, all this talk from americans about boycott, etc, just turns brazilians AGAINST AMERICANS AND DAVID! It brings a DEFIANT attitude from brazilians against americans. "BRING IT ON THEN!"

Also, while on the specifics of child abduction by parents/relatives, US record is good, all the talk from americans about following international rules is HARD TO SWALLOW, considering US does such things as kidnapping people in foreign countries (including much of europe) and take them to allied 3rd world countries like Egypt, where they can be safely "interrogated", with torture, of course.

So, please americans, when talking about international justice, SPECIFY THE AREA of international justice you are talking about.

[bb]

How sad for young Sean. Not only are his grandparents kidnappers, they are also manipulative liars. Hope he's soon home with his REAL father where he belongs.