Bush Signs Bill Aimed at Freeing Mother Jailed in Custody Battle

President Bush on Saturday signed a bill designed to free a Washington mother jailed 25 months ago in a bitter child custody dispute, and attorneys filed an emergency motion for her release.

White House Press Secretary Marlin Fitzwater said Bush signed the bill to free Dr. Elizabeth Morgan “out of compassion for her plight.”

The bill was approved by Congress amid growing national interest in the case. It applies retroactively to Morgan, who was jailed for failing to produce her 7-year-old daughter, Hilary, for court-ordered visits with the girl’s father, Dr. Eric Foretich.

Alleges Abuse

Morgan, a prominent plastic surgeon, hid her daughter and went to jail after alleging that Foretich had sexually abused the girl. Foretich has repeatedly denied those charges and at one point offered a $5,000 reward for information that would help find the girl.

The child’s whereabouts, however, remain secret.

Hours after Bush signed the bill, Morgan’s attorney, Adrian Roe, filed the papers with the District of Columbia Court of Appeals seeking her release.

Court Clerk Richard Hoffman then began telephoning each of the nine judges on the panel in hopes that one could come to the courthouse and review the request. Despite the new law, Morgan cannot be freed without a judge’s order.

“I’m doing my best to transmit it to the judges, and that’s all I can do,” Hoffman said.

Roe said he was “hopeful the court will act promptly, but we have no guarantees.”

Cap on Contempt Jailings

The bill takes advantage of Congress’ authority to review district laws and among other things sets a 12-month cap for civil contempt child custody jailings. It also contains a so-called sunset provision, which means it automatically goes off the books in 18 months.

Rep. Frank R. Wolf (R-Va.), the House sponsor, and Utah Republican Orrin G. Hatch, who pushed the measure in the Senate, both have said that they were motivated by concern for Morgan’s dilemma.

Foretich and his attorney, Elaine Mittleman, have complained that the bill does not require Morgan to produce Hilary.

“President Bush has been badly served by his advisers,” Mittleman said in a telephone interview Saturday. “President Bush obviously loves children, but this bill does nothing to ensure that Hilary will ever see her father again.”