CNN "The Situation Room" - Transcripts

Interview

Date: Dec. 22, 2009
Issues: Foreign Affairs

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MALVEAUX: I want to go directly to Brazil, the international custody case over David Goldman. This has been in the news for quite some time, this over the battle of his son for five years.

We understand that the Supreme Court there ruled in his favor.

I want to go to Congressman Chris Smith, who is with the Goldman family, to talk about what this means for the family, for David Goldman, the ability for taking his son, Sean, potentially home.

What do we know at this moment?

REP. CHRIS SMITH (R), NEW JERSEY: Well, we know the chief justice ruled in a way that says that Sean ought to be with his father.

We're trying to ascertain any additional details as to when. The key question has been when. Of course we're encouraged by this. We don't know if it's over yet, but we are very much encouraged. And I hope that this is a binding order and not something that someone somewhere else can throw another monkey wrench into.

MALVEAUX: All right, you are with the Goldman family. Is David Goldman aware of this? How did he find out?

SMITH: I'm standing five feet away from him and he is very encouraged. But he has had so many setbacks that we're waiting to see what the full details are. But it is encouraging.

MALVEAUX: How did you learn about this, and when did this happen? Did this just happen? SMITH: It just broke. (INAUDIBLE)

MALVEAUX: I'm sorry. You're breaking up there, Representative Smith.

SMITH: (INAUDIBLE)

MALVEAUX: We're going to try to get a better connection with Congressman Chris Smith.

But from what we understand and what he has told us is that there's a favorable ruling coming out of Brazil from the Supreme Court there that would allow David Goldman to be with his son, Sean. This is a custody battle, an international custody battle, that has raged on for five years or so.

Some of the background of this case, Sean, the boy, was 4 years old when his mother took him to Brazil, what was supposed to be what she said was a two-week vacation, that they were going to be taking a two-week vacation there. And what had happened was that she kept her son there and they remained there for some time.

And then apparently, just last year, the mother died. And then it was the stepfather. She had remarried and the stepfather had then taken custody of this American boy who had dual citizenship, Brazilian and U.S. citizenship

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MALVEAUX: Ines, we're going to get to you in a moment.

I want to go back to Jeff.

And, Jeff, this is an interesting case because Brazil -- I'm sorry -- I'm not going to go to Jeff at the moment. Going to hang on for a sec.

I think we have got the congressman back on the line.

Congressman Chris Smith, can you hear me?

SMITH: Yes, I can, very well.

MALVEAUX: OK. I think we have got a good connection here.

Tell me right now what is going on with the family, with David Goldman. What is he doing? Is he with you now? And...

(CROSSTALK)

SMITH: Yes, well, he's 10 feet away. He's with the attorneys, and, in all candor, the people from NBC, who have been very much a part of this.

And, of course, you have, too.

(CROSSTALK)

MALVEAUX: Congressman, can I ask you real quick a favor here? Can you put David Goldman on the phone? Is that possible, that we talk to him?

SMITH: Say again? I'm sorry, ma'am.

MALVEAUX: Can we talk to David Goldman? Can you put him on the phone? Can you tell him that CNN is interested in speaking with -- with -- how he's doing?

(CROSSTALK)

SMITH: ... a little more information. And that's the truth.

So, he wants to make sure that this is what it appears to be. You know, this may be another stalling tactic in terms of additional filings that might occur after the fact. We don't think that's the case, but, you know, we are very optimistic, but cautiously optimistic that we are in the final (INAUDIBLE) here in this and that this dad and his son will be reunited and jet home to New Jersey.

MALVEAUX: You say that he's speaking with his -- who is he speaking with now?

SMITH: The lawyers who have been handling the case here in Rio and Brasilia. And I am, too. I'm going to go right back to it.

And what we're trying to do is to make sure that -- the key is when now. Good news from -- it is significant that the chief justice of the Supreme Court has ruled in his favor. But we want to make sure that there are no glitches, no -- nothing that could further delay and delay (INAUDIBLE)

MALVEAUX: Well, do you know what he's talking about with his attorneys?

(CROSSTALK)

SMITH: ... made it very clear. And I think I want to just emphasize this. He will not be satisfied until he's in the air (INAUDIBLE) en route back to Sean's home and David Goldman's home.

And it's extremely important because the police will have to now, if this is truly is binding, effectuate the transfer of Sean to his one and only dad. And that's David Goldman. There's no stepfather. This has not been a custody (INAUDIBLE) It's a child abduction case from the beginning. And it has only been exacerbated when a man who was not the father actually took custody wrongfully, illegally, unethically, of another man's son (INAUDIBLE) the Hague Convention on the Civil Aspects of International Child Abduction.

This is the (INAUDIBLE) test case of, in my opinion, of -- this should have been resolved a long time ago -- of child abduction.

MALVEAUX: OK.

SMITH: And we are now hopefully in the final endgame of David and Sean being reunited.

(CROSSTALK)

MALVEAUX: And, Congressman, just once again, I know you're standing very close to David Goldman. He's trying to work things out legally with his legal team there to make sure that this is all legitimate, that this is standing firm. Is there anything that he would like to say to the world at this moment? I mean, this is obviously a very big moment for him.

SMITH: He walked by as I was talking and he reiterated again the importance of not until the plane is airborne. And he just said it again. I'm looking at him. He wants wheels up with his son, because...

(CROSSTALK)

MALVEAUX: Would he like to make a statement? Would he like to make a statement at this time?

SMITH: He still wants to stay focused on what he's doing. And he will talk at the appropriate time. But, you know, and he would rather I do this. That's why, the reason I'm doing it.

MALVEAUX: OK.

Well, certainly, this is of great interest to the world. And if he's ready and when he's ready to talk, we really appreciate talking to him here on CNN.

Appreciate, Congressman, your help as well.

SMITH: Thank you....

(CROSSTALK)

SMITH: .. .the story, because this will help. One thing, we had a hearing just a few weeks ago on this, and David was the lead witness.

His case, God willing, will help all the other left-behind parents (INAUDIBLE) 2,800 American children who have been abducted to other nations, including Brazil. And it's time for this human rights issue to get center stage and (INAUDIBLE) begin resolving it. And that's -- we need to really (INAUDIBLE) God willing, this is going to be resolved very imminently (INAUDIBLE) move to other things.

(CROSSTALK)

MALVEAUX: OK, Congressman...

(CROSSTALK)

SMITH: ... other individuals who have been affected...

(CROSSTALK)

MALVEAUX: OK.

Congressman Chris Smith, thank you very much.

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