Governor Bush Has Legal Authority, But Lacks Politcal Will To Save Terri Schiavo’s Life

THOMAS MORE LAW CENTER ^ | 10-17-03

[cpforlife.org]

ANN ARBOR, MI - According to Richard Thompson, former prosecutor of Jack Kevorkian, Florida Governor Jeb Bush has the legal authority to act in the case of Terri Schiavo, but lacks the political will to do so. Responding to the Governor’s statements that he cannot intervene in the civil case, Thompson claimed Bush is confusing the public on what is being asked of him.

“Nobody is asking the Governor to intervene in the civil case. We are asking him to initiate an independent criminal investigation based on a list of facts that suggest criminal wrongdoing,” said Thompson. “We have outlined for the Governor some of these facts, and confirmed his Constitutional authority to act. The fact that he has chosen to confuse the public by referring to the civil case, completely ignoring the request that we presented, reveals a lack of moral courage and political will. We expect the Governor to do the right thing, and so far, he has refused to do so.”

“If Governor Bush does not act quickly, I expect Terri will be killed by an overdose of morphine. She is being starved and denied fluids, and the Governor needs to act now before it’s too late,” said Thompson.

Thompson, now president of the Thomas More Law Center, delivered two emergency letters to Bush Wednesday evening and Thursday morning, asking him to initiate a criminal investigation. The letters outlined the constitutional authority of the Governor to act in the case, including a factual basis for initiating a criminal investigation. Bush has maintained he has no authority to interfere in the civil case that led to the feeding tube being removed.

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[cpforlife.org]

Related Stories at THOMAS MORE LAW CENTER http://www.thomasmore.org/newslisting.html?NewsCatID=1&PHPSESSID=1729537c6319d2ad5a63e076dc8aef3a

[cpforlife.org]

NEW Terri Schiavo update PING

Please let me know if you want on or off my Pro-Life Ping List.

[MissAmericanPie]

Family trait?

[cpforlife.org]

Original Story Link:
http://www.thomasmore.org/news.html?NewsID=129&PHPSESSID=1729537c6319d2ad5a63e076dc8aef3a

Related Stories at THOMAS MORE LAW CENTER: http://www.thomasmore.org/newslisting.html?NewsCatID=1&PHPSESSID=1729537c6319d2ad5a63e076dc8aef3a

[cpforlife.org]

Looks that way.

[Byron_the_Aussie]

So sorry to read this is happening, CP.

It's a sad part of life that sometimes people you think you can count on, will let you down when you need them most. Those who have mooted Governor Jeb as presidential material down the track have much to think about. Prayers for Terri, and for your goodself, and please don't let this tragedy damage your commitment to a good cause. All the best, Byron

[cpforlife.org]

And more from:
http://www.judicialwatch.org/3517.shtml

GOV. BUSH HAS AUTHORITY TO STOP DEATH OF TERRI SCHIAVO BY DEHYDRATION & STARVATION

Judge Ordering Terri Schiavo’s Death Violated Eighth Amendment (“Cruel and Unusual Punishment”) & Florida’s Abuse and Neglect Statutes

Gov. Bush Should Direct Florida’s Dept. of Children and Family Services to Intervene, Resume Nutrition & Investigate

(Washington, DC) Judicial Watch, the public interest group that investigates and prosecutes government corruption, stated today that Florida Governor Jeb Bush has the authority to prevent the death by starvation and dehydration of Ms. Terri Schiavo.

Unless rapid action is taken by Governor Bush, Ms. Schiavo will die of dehydration; a slow, grueling death taking approximately two weeks. This form of death entails less blood flow to major organs – the brain, kidneys, heart, lungs and skin. The kidneys stop functioning and the body cannot expel its waste. As Ms. Sciavo grows weaker, her breathing will become more difficult, taking in less oxygen and expelling less carbon dioxide. U.S. law forbids animals to die this way. The U.S. Department of Agriculture regulations (9 C.F.R. ' 2.131) specifically prohibits the withholding of food and water from farm animals.

Pinellas County Circuit Court Judge George Greer’s ruling to remove Ms. Schiavo’s feeding tube is the most liberal applications to date of a person’s constitutional right to refuse medical treatment. Judge Greer did what judges in other landmark cases did not do – ordering the end of life in opposition to a majority of the patient’s family members.

“Ms. Schiavo is being subjected to a cruel and inhumane form of torture that violates her fundamental rights and human dignity, under both federal and Florida state law. Governor Bush must immediately order the Florida Department of Children and Family Services to intervene on behalf of Ms. Schiavo, restore her nutrition and initiate a full investigation of the circumstances surrounding Ms. Schiavo’s disability. Terri Schiavo’s life is in Jeb Bush’s hands,” stated Judicial Watch President Tom Fitton.

To view a copy of the complaint filed with the Florida Department of Children and Families, click http://www.judicialwatch.org/archive/2003/schiavo.pdf

To view a copy of the cover letter sent to Governor Jeb Bush along with the complaint, see below: and at

http://www.judicialwatch.org/archive/2003/jw2jebreschiavo.htm


October 17, 2003



BY FEDEX & FAX ( 850-487-0801 / 850-922-2993)



The Honorable Jeb Bush Mr. Jerry Regier

Governor Secretary

State of Florida Florida Department of Children and Families

400 S. Monroe St. 1317 Winewood Blvd.

The Capitol Building 1, Room 202

Tallahassee, FL 32399-0001 Tallahassee, FL 32399-0700





Re: Ms. Terri Schiavo



Dear Governor Bush and Secretary Regier:



Judicial Watch Inc. (“Judicial Watch”) was established in 1994 to serve as an ethical and legal watchdog over our government, legal, and judicial systems to promote a return to ethics and morality in our nation's public life. Judicial Watch operates in the public interest as a non-partisan, non-profit public interest group.



Attached is a copy of a “Fax Transmittal Form to Report Abuse / Abandonment / Neglect / Exploitation” that we filed concerning Ms. Schiavo with the Florida Department of Children and Families at 12:58 PM today on the department’s “Fax Hotline” (800-914-0004).



Based on our formal complaint via the faxed report referenced above, you have the authority and sufficient cause to immediately order the Florida Department of Children and Family Services to intervene on behalf of Ms. Schiavo; to restore her nutrition; and to initiate a full investigation of the circumstances surrounding Ms. Schiavo’s disability. These actions are consistent with Ms. Schiavo’s protections under the U.S. Constitution, the Florida Constitution (Art. 2, ' 5), as well as Fla. Stat. ' 825.102 and Fla. Stat. '' 782.04(2)(i), 77.04.



Your immediate attention to this important matter is appreciated.



Sincerely,



JUDICIAL WATCH, INC.









Thomas Fitton

President



Encl.

[cpforlife.org]

Thanks Byron, you are right.

As for me, I'm just gettin' started.

[Byron_the_Aussie]

[Coral Snake]

The strangualtion evidence is HERE!!!!:

Bone Scan.pdf file

Other Abuse related injuries found too!!! High probability of FIRST DEGREE MURDER with this stuff if this "euthinasia" is completed!!!!! Posting this to EVERY currently active Terri thread!!!!

[.30Carbine]

Thank you for posting this, cp.

"U.S. law forbids animals to die this way.
The U.S. Department of Agriculture regulations
(9 C.F.R. ' 2.131)
specifically prohibit
the withholding of food and water from
farm animals."

< OUTRAGE >
If Jeb Bush dares show his face in church this weekend I hope the good followers of Christ in Florida preach the Gospel of Life to him ala John the Baptizer:

"You brood of vipers! Who warned you to flee from the coming wrath? Produce fruit in keeping with repentance. And do not think you can say to yourselves, 'We have Abraham as our father.' I tell you that out of these stones God can raise up children for Abraham. The ax is already at the root of the trees, and every tree that does not produce good fruit will be cut down and thrown into the fire. I baptize you with water for repentance. But after me will come one who is more powerful than I, whose sandals I am not fit to carry. He will baptize you with the Holy Spirit and with fire. His winnowing fork is in his hand, and he will clear his threshing floor, gathering his wheat into the barn and burning up the chaff with unquenchable fire."

The pickets and protesters oughta be outside his home all weekend. May he never know a moment's peace until he rules justly as Governor and leads the state of Florida (and thus these United States) in protecting human life. FOR SUCH A TIME AS THIS, GOVERNOR BUSH! If he tries to hide out at his Dad's in Maine, I'll get there and FReep him myself. [Madame, that's why I'm pinging you! Please let me know if you get some news of Jeb Bush's arrival in Maine.]
< /OUTRAGE >

Proverbs 24:10-12

If you falter in times of trouble,
how small is your strength!
Rescue those being led away to death;
hold back those staggering toward slaughter.
If you say, "But we knew nothing about this,"
does not he who weighs the heart perceive it?
Does not he who guards your life know it?
Will he not repay each person according to what he has done?

Judicial Watch is right, Governor Bush, you are the one man who can stop this. The buck stops at your desk, Sir:

"Based on our formal complaint via the faxed report referenced above, you have the authority and sufficient cause to immediately order the Florida Department of Children and Family Services to intervene on behalf of Ms. Schiavo; to restore her nutrition; and to initiate a full investigation of the circumstances surrounding Ms. Schiavo’s disability. These actions are consistent with Ms. Schiavo’s protections under the U.S. Constitution, the Florida Constitution (Art. 2, ' 5), as well as Fla. Stat. ' 825.102 and Fla. Stat. '' 782.04(2)(i), 77.04."

[trustandobey]

Jeb, please listen to us.. do a search on Terri, count the posts, you will see we are serious and you have a lot to lose. We do not forget!

[fishbabe]

republicans aren't real big on pro-life ,either...they don't care about saving one womans life, just saving their own lousy,stinking political hide,jeb bush is a rino and a coward.......wheres rick santorum when you need him?????

[fishbabe]

jeb bush doesn't give a damn..if this had been his daughter,he would have moved heaven and earth and wouldn't have cared about the political consequences...

[writmeister]

Can you provide the full text of the statute giving Governor Bush the authority to launch a criminal investigation.

In most states, such authority (if at all) lies with the independently-elected attorney general. Otherise, it remains with local officials.

Before this starts some flame, I want to say that this whole thing sickens me. It is clear to me that Schiavo just wants her dead for the malpractice money; otherwise, he would have turned over guardianship to Mr. and Mrs. Schindler.

[Budge]

Can someone please explain what I heard on the news last night?

That Gov. Jeb Bush has been ordered to not interere in Teri's case!

By whom? Under what authority?

[tlb]

Having given the matter several days reflection, I believe Bush is right not to get involved.

First, I am unclear what his statuatory authority over such a matter is, but for the sake of argument assuming it does exist then

Secondly, intervention now would create the precedent making the governor the final arbiter of all life and death medical decisions in Fla. A role for which a non-medically trained governor is not the appropriate authority.

Cut the guy some slack.

[AAABEST]

Jeb's existence is that of a backstabbing RINO.

Just one more reason I literally pray to God that he never becomes President.

[Byron_the_Aussie]

...intervention now would create the precedent making the governor the final arbiter of all life and death medical decisions in Fla....

So?

He's already the final arbiter of all life and death penal decisions in Fla.