Jeb Bush: I'd love to help, but I can't

WorldNetDaily ^ | March 27, 2005 | WorldNetDaily.com

[FR_addict]

Florida governor says he doesn't have power from Constitution to intervene

Florida Gov. Jeb Bush, the man said to be the last hope for Terri Schiavo, says he's powerless to help the brain-injured woman who has been without nourishment for more than nine full days.

"I cannot violate a court order," Bush told CNN following Easter church services. "I don't have powers from the United States Constitution or – for that matter from the Florida Constitution – that would allow me to intervene after a decision has been made."

To Terri's parents, Bush said, "I can't. I'd love to, but I can't."

Speaking to the media for the first time in three days, the governor added, "I'm sad that she's in the situation that she's in. I feel bad for her family. My heart goes out to the Schindlers and, for that matter, to [her husband] Michael," Bush said. "This has not been an easy thing for any, any member of the family. But most particularly for Terri Schiavo."

Meanwhile, protests have continued outside the hospice where Terri is being cared for. With security having been doubled, five people were taken into custody as pastors tried to bring Schiavo Easter communion.

A handful of people in wheelchairs got out of them and shouted, "We're not dead yet!" as they lay in the driveway.

Larry Klayman, founder of the legal watchdog group Judicial Watch, said Bush has the power to grant her clemency, just as he would in a death-row case.

"We're asking the governor for a stay of execution on Easter Sunday, a day of mercy,'' Klayman said. "For Jeb Bush not to act would be a dereliction of his duty to the people of the state of Florida.''

Terri has been the subject of worldwide attention since Florida Judge George Greer ordered her feeding tube removed March 18, and courts have upheld his decision not to have the tube reinserted.

An attorney for Terri's parents, Bob and Mary Schindler, painted a grim picture of the situation on CBS' "Face the Nation."

"Terri is declining rapidly," Schindler attorney David Gibbs said. "We believe at this point she has passed where physically she would be able to recover."

But Randall Terry, a pro-life activist speaking for Terri's parents, called Gibbs' description "absolutely untrue."

George Felos, the attorney for Michael Schiavo says Terri's breathing has been regular, and her death does not appear imminent. He told reporters her remains would be cremated and buried in a family plot in Pennsylvania.

[workerbee]

If he can't, is it okay to starve him?

[68 grunt]

No, and the values on each side of your equation are unequal.

[Pravious]

"There's a moral split in this country of incredible proportions.

It's certainly well represented here."

I'm sad to say I agree.

[Diogenesis]

Your posts are inaccurate. Any REAL info, or just prose?

[drjimmy]

Are you insinuating Terri isn't a 'person'? I honestly confused by your statement.

You keep bringing up criminals, and I was pointing out that Section 9 of the Florida Constitution refers to persons. That means it covers instances that have nothing to do with criminal defendants, such as Terri. Unless your quotes from Black's Law Dictionary refer to the Florida Constitution or Florida statutes, they don't mean anything in this case.

On the other hand, the parts that you highlighted don't in any way contradict what I said about the courts being the placed where due process takes place. That's what the words "adjudicated....according to established rules regulating judicial proceedings" mean. If you can demonstrate that the Schiavo case was not handled under the rules of the Florida Constitution or Florida Statutes, you might have a point (you would also be disagreeing with the Florida Supreme Court, the U.S. Supreme Court, and several courts in between).

[workerbee]

Terri is a brain-damaged person incapable of feeding herself who will never recover. My cousin is a brain-damaged person incapable of feeding himself who will never recover. How is it unequal? Are you saying that the means of providing nutrition (by mouth vs. direct to the stomach by tube) is the dividing line? Why?

[Pravious]

".. I contend that killing this woman is wrong. ...

And I contend that allowing this woman to pass is right. I further contend that in your disruption you pretend not to distinguish killing from dying, nor the function of war."

Anyone who contends that starving someone to death is NOT killing them is pretty close to brain-dead themselves.

[Balding_Eagle]

I'll vote for Ralph Nader for President before I'll vote for this POS. Frankly , this whole thing has me wishing Kerry had won the Presidency because I wouldn't feel bad about hating Kerry.

What a small thought. FreeRepublic deserves better.

[Diogenesis]

Pleeeeeze. If Terri sat up and said, "Help", she would be burned alive to coverup this atrocity.

[68 grunt]

Your cuz might be a mental case but he probably has stuff going on upstairs, unlike Terri. If not, and if the law gives the spouse the say so, and if the mental case has a spouse, or if the parents want rid of him, unplug him. If, if, if, if ...

[Nowhere Man]

I think the difference here is Jeb Bush is like a man in a position to save a child in the middle of the street from traffic but he is afraid to break the jaywalking laws or go against the red light to go save her. I remember in my pyschology and sociology classes, one landmark case is the Kitty Genovese story from New York City in 1962/64 where a ladt of the same name was raped and killed, she hollered for help but no one came to fight the rapist/killer. Technically, firearms are almost illegal or at least very hard to get in New York City, even at that time, unless you use some extra-legal means. If somebody would have save Kitty with an illegal handgun but in the grand scheme of things the greater good is served even though the law has been broken technically.

My high school buddy said a long time ago, "the law is not sacrosanct." In other words, the law is not God nor is it an end all or be all. If it was, it would still be legal to own slaves, bar Black people from schools even if they live in the district (if they were freed from bondage), have White and Colored water fountains and seats at sports stadia, you could literally own your wife and you would need a guy with a red flag to walk in front of your car.

We cannot be like "Inspector Girards" here, referring to the policeman of the same name in the 1960's TV series, "The Fugitive." Despite Richard Kimble (David Janssen) getting railroaded into the death penalty, Girard kept chasing him, well I know it was his job, but he worshipped the god of law no matter what the circumstances are. The TV series even made me question the death penalty but that's another topic.

So it seems like the rule of law is broken here and when that happens, it's twin brother, the rule of force is sometimes needed. It could be Jeb sending in the tanks or it could be a peaceful protest where the protesters break into the hospice, unarmed of course, and surround Terri as human shields (I hate that term really but I'm being quick here). Trouble is, if things are not fixed, nature abhores a vacuum so the rule of force will move in. The two are meant to be kept in harmony, in a give and take relationship, but when one fails, the other takes over and that ain't good. Still, given the situation, if I was Jeb or the President, I would roll the troops in, Pinellas 2005 would resemble Saigon 1966.

I look at it from this angle, if Jesus died on the Cross for all of our sins, He died for me, gave up His gift from God for us, the least I could do is risk my political career to do the right thing and let the future take care of itself. Maybe, I might sound like a wacko zealot or a "Holy Roller," but you know, I was taught to do the right thing, first within the law, but there are times you have to step over it, we will answer to a higher authority someday.

[mafree]

... An adultery arrest would be a good way to justify suspending Michael Schiavo's guardianship;...

I'm for it but they'd have to then arrest half of Florida next.

[bvw]

So she has, and so Judge Greer mocked her for doing when the parent's lawyer came before that murderer.

[68 grunt]

... that starving someone to death ...

Ah, dehydration'll get her first.

[Nowhere Man]

Perhaps you can explain, being a fellow Texan like our President, how it is that our Commander In Chief was able to face down Saddam Hussein, bomb the Taliban out of business, free over 50 million muslims in the process, bring democracy to the Middle East, get Gaddafi to give up his WMD, but he couldn't find the stones to face down a little swamp-rat judge in Pinellas County Florida who is leading an insurrection, violating the law, and defying the Constitutions of both Florida and the United States?

Not only that, but we are also losing the moral high ground here. I always thought we were on a higher, moral plane than the people we are fighting against, Al Qaida and others like them. If we keep going down this road, we will lose that high moral plane and we will end up being no better than them. Ever since this flap over Terri with the broken system, it seems like a lot of what we are doing and have done is ringing hollow in my ears from Iraq, the War on Terror and so on. I still support what we are doing, but I admit it just doesn't seem quite the noble purpose it was. We need to regain them oral high ground again, this hasreally affected me that much.

[DaughterOfAnIwoJimaVet]

You say, Scew you Jeb, you coward.

Brilliantly said.

We've crossed the line into humor now, I see.

[sitetest]

Dear 68 grunt,

Well, the legal authorities of Germany had determined that it was within the law of Germany to kill certain persons, whether by starvation or other means. Those who actually did the starving were "just following orders" of their legal superiors.

But you don't recognize starving folks as "killing," just as "letting them pass." So, why would we hold the Germans who starved concentration camp occupants accountable for those deaths? They were merely letting those people pass.

Bottom line, 68 grunt, causing the death of someone via starvation or dehydration is considered to be a crime against humanity by civilized peoples and nations.

In affirming the murder of Terri, you have stepped outside of civilized humanity. Welcome to barbarism.

That someone passes a law that enables the activity doesn't make the law valid. An inherently unjust law doesn't require allegiance. That is why the folks running the concentration camps were not permitted to plead that they were just following orders, because the orders, though made through lawful means, were intrinsically evil, and thus, had no force of law.

As for totalitarianism, I think you've missed an important part of this debate. Our Constitution wasn't set up with the idea of judicial supremacy in mind. Judicial supremacy, or so thought the founders, was a particularly vile form of tyranny.

Thus, not only is what is happening illegal from a substantive point of view (even an order or law provided through legal forms is unlawful if it is fundamentally evil), but it is illegal in its process, as well, from a constitutional point of view, in that the murderer greer's orders have usurped the power of the executive, and represent judicial tyranny.


sitetest

[bvw]

Your wife has a way to legally murder you. As you have "nothing upstairs" -- so a Judge can be found to find, ignoring all your attempts towards communication as spastic non-voluntary muscle reactions, she could have police surround you and prevent any attempts to feed you or for you to feed yourself.

The spastic nature of your posts are a tell -- they are now a legal pass for murdering you.

[68 grunt]

... Any REAL info ...

This just in ~ the legal system has found in favor of MS. The have found the Schindlers without merit, bordering upon frivolous. Further ~ state and federal appeals have been exhausted. Further ~ legislative intervention was futile. Further ~ executive intervention would be unconstitutional. Get over it.

[Rytwyng]

... An adultery arrest would be a good way to justify suspending Michael Schiavo's guardianship;...

I'm for it but they'd have to then arrest half of Florida next.

Good. Teach 'em a lesson.

Actually, the statute only criminalizes OPEN adultery -- eg, openly living with and siring children by someone other than one's wife as Michael Schiavo is doing. The statute doesn't criminalize secret adultery, despicable though that is.