DeLay Raises Possibility of Trying to Impeach Some Judges in Schiavo Case

AP ^ | 3/31/05 | Jesse J. Holland

[Crackingham]

House Majority Leader Tom DeLay on Thursday blamed Terri Schiavo's death on what he contended was a failed legal system and he raised the possibility of trying to impeach some of the federal judges in the case. "The time will come for the men responsible for this to answer for their behavior," said DeLay, R-Texas.

But a leading Democratic senator said DeLay's comments were "irresponsible and reprehensible." Sen. Edward Kennedy, D-Mass., said DeLay should make sure that people know he is not advocating violence against judges.

DeLay, the second-ranking House GOP lawmaker, helped lead congressional efforts 10 days ago to enact legislation designed to prod the federal courts into ordering the reinsertion of Schiavo's feeding tube. He said the courts' refusal to do just that was a "perfect example of an out of control judiciary."

Asked about the possibility of the House's bringing impeachment charges against judges in the Schiavo case, DeLay said, "There's plenty of time to look into that."

President Bush expressed sympathy to Schiavo's parents.

"I urge all those who honor Terri Schiavo to continue to work to build a culture of life where all Americans are welcomed and valued and protected, especially those who live at the mercy of others," he said.

White House spokesman Scott McClellan refused to join DeLay in criticizing the courts. "We would have preferred a different decision from the courts ... but ultimately we have to follow our laws and abide by the courts," McClellan said.

Joining DeLay in taking issue with the judiciary was Sen. Rick Santorum, R-Pa., who said, "The actions on the part of the Florida court and the U.S. Supreme Court are unconscionable." Also, GOP Rep. Patrick McHenry of North Carolina said the case "saw a state judge completely ignore a congressional committees subpoena and insult its intent" and "a federal court not only reject, but deride the very law that Congress passed."

DeLay said he would make sure that the GOP-controlled House "will look at an arrogant and out of control judiciary that thumbs its nose at Congress and the president."

[Poohbah]

The biggest problem was that Gibbs (the Schindlers' attorney) refused to file this as a de novo case.

In short, he f***ed up his one opportunity to undo his previous f***-ups.

[PhiKapMom]

Wish I could tape his mouth shut! He is going to make it harder to get Conservative judges confirmed with his mouth flapping all the time. He knows full well there is no justification to remove the Federal Judges and that Congress did not "order" the District Judge to conduct a de novo hearing. But folks on here have a hard time telling the difference -- here is what it says:

In such a suit, the District Court shall determine de novo any claim of a violation of any right of Theresa Marie Schiavo within the scope of this Act,

If a claim based on federal law in the pleading could not be proven no reason to conduct de novo. Majority of lawyers that weighed in were appalled at the sloppy pleading prepared by the Schindler attorneys to the District Judge but we have to blame the federal judicial system for not being activists judges and ruling on emotion not the law.

[dwilli]

Little red meat for the religeous right. DeLay got
bigger things than this to focus on.

[Tumbleweed_Connection]

Delay was part of the crew who insisted upon sending a Congressional Government Reform Committee to Florida to appeal the stay. I'm certain he is capable of carrying this through.

[kidkosmic1]

"DeLay is making a fool of himself."

Typical Stinkspurious remark onboard.

[Right_in_Virginia]

Delay should push for the de Novo review.

Then impeach every judge that touched this case.

[Prince Caspian]

Sen. Edward Kennedy, D-Mass., said DeLay should make sure that people know he is not advocating violence against judges.

Violence against judges? Who in the world raised that issue? Oh yeah, Ted Kennedy just did.

[mrsmith]

"DeLay Raises Possibility"

" ...Asked about the possibility... DeLay said, "There's plenty of time to look into that." "

AP is so lame.

[Poohbah]

Violence against judges? Who in the world raised that issue?

Among other people, a bunch of stupid-a$$ FReepers.

[Crackingham]

Congress has the constitutional authority to set the jurisdiction of the lower federal courts. This includes mandating the standard of review to be applied.

Absolutely false. The power to set jurisdiction only determines which cases will come before which courts. Standards of review are NOT part of jurisdiction. That is exclusively a court function.

[Non-Sequitur]

The federal judge deferred to all factual findings made by Judge Greer. This was not de novo review. It was a sham.

Absent any new evidence then what grounds did the judge have for overturning a decision that had been upheld before?

[FreedomCalls]

That's fine, but that's not what he was asked to do. He was asked to rehear and reassert the facts of the case -- not verify that the procedures were lawful.

[Right_in_Virginia]

The biggest problem was that Gibbs (the Schindlers' attorney) refused to file this as a de novo case.

Dear Lord, friend, you are so right. I was listening to Hannity's show on the drive home tonight....the legal proceedings in this case border on the criminal.

I wish I could understand why Gibbs didn't throw himself on the de novo right handed to him by Congress and the President.

I'll just never understand it.

[sinkspur]

You are, indeed, a kid.

[Catspaw]

David Gibbs, the Schindler's lawyer, only filed for a temporary restraining order, not for a de novo hearing. What the congresscritters appear to be angry about is that the judge failed to give the Schindlers something they didn't ask for in the first place. It's posturing.

[PISANO]

Tom Delay's STATEMENT........"Mrs. Schiavo's death is a moral poverty and a legal tragedy. This loss happened because our legal system did not protect the people who need protection most, and that will change. The time will come for the men responsible for this to answer for their behavior, but not today. Today we grieve, we pray, and we hope to God this fate never befalls another. Our thoughts and prayers are with the Schindlers and with Terri Schiavo's friends in this time of deep sorrow."

Only in TED KENNEDY's world and that of the AP could this statement be construed as a calling for VIOLENCE against Judges.

Leftists and leftist organizations are very sick puppies.......

[MikefromOhio]

keep reading, you will see it on here at some point, before the mods pull the comment....

[Non-Sequitur]

That's fine, but that's not what he was asked to do. He was asked to rehear and reassert the facts of the case -- not verify that the procedures were lawful.

But again, absent any new evidence what grounds would he have for overturning the decision that had been upheld before?

[RVN Airplane Driver]

I'm a Texan & Pubbie and DeLay is a dumb a$$ first class....he has his mammary in a wringer and is pulling a clinton move of focusing on the poor girl to relieve his other problems. I lost a daughter at the age of 26 due to brain damage....and for sure wouldn't have wanted her to lay for 15 years brain dead...as a matter of fact she died almost 15 years ago. As the country is starting to understand...Grandstanding on both sides of the aisle...

[FreedomCalls]

Gree asserted that family members who heard her say that she wanted to live were in error based on a falsely assumed date by the judge and later admitted to be in error. That fact was not reviewed.