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Interesting:

October 16, 2003

The Honorable Jeb Bush

Governor, State of Florida

C/o Governor's General Counsel, Racquel Rodriguez, and Christa Calamas

The Capitol

Tallahassee, Florida Via Fax to 850-488-9810

Re: Execution of Terri Schiavo is "Cruel and Unusual Punishment"

Dear Governor Bush:

I have been asked by the family of Terri Schiavo to do what I can to save her life in light

of your request yesterday for assistance from legal counsel inside and outside your

Administration toward that end.

Governor, you have the power, by the mere stroke of a pen, to prohibit what is, in every

sense, the execution of Terri Schiavo by a means that is both cruel and unusual in

violation of Article I, Section 17 of the Florida Constitution and the Eighth Amendment

to the United States Constitution.

Death by dehydration and starvation is arguably the most brutal, inhumane, and pain-

inducing way to kill any living creature. The United States Department of Agriculture in

its own regulations at 9CFR2.131 prohibits the withholding of food and water from farm

animals. Terri Schiavo is not less than a farm animal.

If you, as Governor, were to order the execution of a serial killer on death row by means

of withholding food and water, you would be ordered by any number of courts not to do

so. The horror of dying by dehydration makes death by electric chair, by comparison, an

act of compassion.

The fact that this woman is neither accused nor convicted of any crime makes absolutely no

difference. In fact, the lack of criminality makes the execution even more cruel and unusual,

for a criminal sanction is being imposed upon an innocent woman.

You have the power and the duty, under both the Florida and United States Constitutions, which

you took an oath to uphold, to enter an Executive Order, today, to prohibit the imposition of any

cruel and unusual punishment in this State. Upon entering such an Order, you then have the

power, right, and duty to give force to that order by dispatching state law enforcement officials

to take custody of Terri Schiavo and stop her forced starvation and dehydration.

Governor Bush, you do not need a court order to do any of this. No court at any level has the

power to revoke the Florida and United States Constitutions. They cannot revoke your oath

of office. You are an enthusiast of the James Madison Institute, and as such you know that

the Executive branch of government is co-equal with the other two branches. No judge has

the power to elevate the judicial branch over the executive branch thereby abrogating your

state and federal constitutional duties and powers.

On behalf of the family of this innocent woman, and with all respect for the responsibilities

of your office, we ask that you act immediately.

Respectfully,

Jack Thompson