Subpoena Terry

NewsMax ^ | 24 Mar 05 | Dave Eberheart

[Birdstrike]

Crux of Eberheart's piece is that Congress enforce subpoenas issued last week demanding to interview Terry during its scheduled 25 March hearing to investigate for itself whether she is incapacitated. The subpoenas are being ignored by Judge Greer. Greer should be cited for contempt and US Marshalls dispatched by the Justice Department to secure Terry to a safe place until her appearance.

[Birdstrike]

It's a federal offense to interfere with a subpoena and a person's testimony before Congress. Terry can't appear or testify if she's being held at a hospice and denied sustenance to keep her alive for this Congressional investigation.

Could not US marshalls be dispatched by the Justice Department to insure that this witness is in fact still alive and able to appear?

Judge Greer dismissed this action out of hand, declaring, "I don't think legislative bodies or agencies have business in a court proceeding." Oh really?

I thought impeding a Congressional investigation is itself illegal. If Greer is obstructing, should he not be cited as being in contempt of Congress?

The legislative and executive branches have spoken. It's time for the judiciary to get on board..and for Congress to enforce its subpoenas...for once.

[steenkeenbadges]

Tick, tick, tick.

[A_Niceguy_in_CA]

The Congressional Committee has already postponed the scheduled hearing of March 25 that requested Terri appear.

[Birdstrike]

What was the reason given?

[kingattax]

all of what you wrote makes perfect sense. but you need a congress with the will and the testicular fortitude to do this. do you see it happening or are they content to let the activist judiciary take over ?

[A_Niceguy_in_CA]

No reason was listed. I saw the cancellation while reading court documents yesterday.

Of course, Congress should have pursued this avenue and held Judge Greer in Contempt of Congress.

[Freebird Forever]

Does anyone know if Ms Shiavo can be taken into custody under the Baker Act?

[A_Niceguy_in_CA]

Correction...the docs said the March 25th Hearing scheduled to be held at the Hospice with Terri and 4 or 5 others scheduled to appear was postponed, not canceled.

[Birdstrike]

"...you need a congress with the will and the testicular fortitude to do this. do you see it happening or are they content to let the activist judiciary take over?..."

Frist was quoted in the article as saying "No little judge sitting in a state district court in Florida is going to usurp the authority of Congress." He apparently said that a few days ago. Where is that Bill Frist today??

[Natural Law]

From the Florida Mental Health Association website:

"Your Rights and the Florida Mental Health Act (The Baker Act) The Florida law covering both voluntary and involuntary treatment is Chapter 394 of Florida Statutes—known as the Florida Mental Health Act or the Baker Act. Florida law encourages people with mental illnesses to seek treatment voluntarily and to choose the type of treatment needed. But Florida law recognizes that some people with mental illnesses may need to be involuntarily admitted for evaluation and treatment. The Baker Act outlines a bill of rights for the person who is mentally ill, provides a system of due process for persons receiving services in designated mental health facilities, and creates a system of community-based acute care services. A receiving facility is the central reception point for individuals who appear to need emergency mental health care. The receiving facility must insure that persons receive needed services in the least restrictive setting and in the least intrusive manner. Consequently, receiving facilities must ensure that persons are not inappropriately admitted to community or State hospitals. Under the Baker Act, no one can be admitted to a State hospital without first being screened by a community mental health center or clinic which must certify that State hospital admission is the most appropriate placement for the individual."

[Birdstrike]

What's the Baker Act and how would it apply?

[MplsSteve]

Judge Greer knows that Congress will never hold him in contempt for failure to abide by the subpoena.

He's gonna sit there and do what he's been doing all along.

If and when Congress decides to act upon that subpoena (insteading of playing politics by issuing it), then I'll believe they're for real.

[kingattax]

Sister Frist ?.....uhhh...no comment

[Arm_Bears]

I also recall Santorum saying something to the effect that she would not be starved to death on his watch. Lotsa big talk, but when it comes time to act they slink away with their tail between their legs.

[kingattax]

Judge Bork is coming on in 2 minutes on Hannity's radio show

http://www.hannity.com/story.php?content=/live_stream

[Birdstrike]

Note that the MSM has pronounced all avenues as being exhausted. Not quite. This subpoena thing has real teeth. If only they would use it.

[Diogenesis]

They are PR-seeking pussies. They should have sent Marshalls in 6 days ago.

HEALTHFUL DRINKS AND WARM MEALS SINCE THE ORDER-TO-MURDER-AN-INVALID BY JUDGE GREER
Murderer-At-Will Judge Greer 27
......................... Terri Shiavo 0
.......................... Lee Malvo 24

[Freebird Forever]

I saw that definition as well. I just wasn't sure if it could be somehow spun in her favor.

[Freebird Forever]

What's the Baker Act and how would it apply?

See Natural Laws post, # 10 for an explanation of what the statute entails.

As for how it may apply, I don't know if it can. Just wanted to raise the question.

[Defiant]

18 USC 1505 makes it a crime punishable by 5 years in prison to harm or threaten a witness to a congressional investigation. I don't know why President Bush hasn't sent the Marshalls yet.