However, groups surrounding the house had publicly stated they would form a human chain to prevent Elian from being returned to his father. Sen. Arlen Specter, R-Pa., participated in the same interview with Leahy and is also a member of the Senate's intelligence committee. He did not dispute the assertions of violent elements in the crowd surrounding the Miami home. Specter, however, suggested that the crowds could have been moved away from the home to allow a more peaceful removal. The Pennsylvania senator, an honorable man, misses the point.
Citizens have a First Amendment right to lawful assembly.
The crowd surrounding the house was simply exercising this right. As long as they were not blocking access to the home, they had a constitutional right to be there. For example, the U.S. Supreme Court has ruled that pro-life advocates can picket, shout and demonstrate in front of abortion clinics as long as they remain 15 feet from the entrance. Moving the crowd 15 or 20 feet from the home of the Miami relatives would not have enhanced officer safety if there were armed people in the crowd. In addition, it would have negated the element of surprise which is an essential component of tactical rescue operations.