Posted on 03/28/2005 8:02:29 AM PST by 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.
"If this is true, then who needs a governor? Let Judge Greer run the state. That's what is happening now!"
I totally agree! We are now living in a judicial oligarchy not a representative republic. If anyone thinks this is just happening in Florida, think again. There are Judge Greers in every community. I just pray I never have to step foot into a courtroom. No longer is there equal justice under the law. Just ask the Schindlers.
DCF wasn't bound by a court order. Jeb could have acted within the law. Instead he acted for a photo op.
i'm certain those youngsters will get pardons...
"Bush (I don't care which one) betrayed not just their supporters, but common decency by failing to protect an innocent. "
Dittos. The primary responbility of Government is to protect the life of its citizens. When the Judiciary becomes murderous (or runs away, as in the case of the Supreme Court), and the rest of the government bows down and grovels before the judiciary - I don't have any use for any of them.
I thought my country was better than this, and I will not vote for ANY of these people again, for ANYTHING.
Yawn. I've been here longer than you noob. Go cry to someone else. I'm not going anywhere. And you don't represent the official opinion of FR. Check the latest poll.
"Only idiots would demand their leaders break the law"
So when the Allies condemned Germans to death for failing to break Nazi laws the Allies were idiots?
Sorry, if there were a law passwed tomorrow and upheld by judges that it was legal to kill Jews I would be killing the people who passed, adjudicated, and enforced that law.
An unjust law and unjust court rulings are no law at all.
Human decency and morality MUST trump laws and judicial decisions. If we cannot count on our elected leaders to restrain the avarices of the courts (Checks & Balances works both ways) then we as a country are lost.
This whole situation should put to rest that old Bush lie: "I don't govern based on polls." Yeah, right. The moment polls showed overwhelming sentiment against government intervention in the case, the Bush Brothers dropped Terri like a hot potato. W. hightailed it back to Crawford, and Jeb began staring sheepishly at his shoes.
When push comes to shove, these Bush bluebloods have no will to buck the (judicial) system.
I think your point is valid. I think Jeb Bush is a decent and honorable man, but a young, innocent, disabled woman is being starved to death on his watch. I don't know if his inaction has a "political calculation" component to it, but as the chief executive of the state, he has failed.
Look at how the local Police Chief stood down the Governor's rescue team -- acting at the say-so of ONE LOCAL Judge, the whole STATE is brought to abide a murder and carry it out.
Jeb has just shredded much of the rightful authority of the Governor's Office, and surrendered it to rogues.
It will be a DREAD precedent that gains momentum, unless Jeb acts or resigns to give the next man room to act.
Would there be as much acrimony and hate-filled diatribes from all these "former supporters of Jeb's" if Molly Ivans or Noam Chomski had their feeding tube pulled by court order?
Well, even if I believe you (I think Greer did issue an order against DCF) where are you?
Then what? If by some convoluted reasoning bush applied the laws as written, then a hearing would be required in front of the presiding judge. Judge Greer.
Instead we should be focusing now on how we can get a law passed which WILL prevent this from happening.
A Jeb Bush WILL sign such a law, a democrat will not.
If he did "just break the law" what is he going to do? Store terri at the gov mansion? What happens in 2006 with the new governor.
The point of such civil disobedience was to make a stateemnt which could not be erased. Small amounts of salt were made, Lunch counters were sat at in order to send a message.
Well, newsflash the legislatures have done that statement despite being severly flawed politicians.
I do not want a bill clinton to come back from EITHER party. The last thing we need is another Waco.
"Yawn. I've been here longer than you noob. "
Typical Thanks for showing your true colors.
"I've read more stupid statements in the last week on FR than in all the years I've been here."
I have to agree.
It is my understanding that there is an organized effort by Dims to pretend to be conservatives and attack the Republican Party (and potential '08 candidates, in particular). Now I stongly doubt any of the people on this thread are such double-agents, but the absurdity of several folks on this position (e.g., the "Jeb's state police should have had a shoot out with the local police" folks) make me wonder.
Regarding the use-of-force ideas: Peter tried the same thing 2,000 or so years ago. Bad idea then; bad idea now.
It's understandable that your idol worship of the Bushes prevents you from seeing that they have failed the test when it was time for the rubber to meet the road.
Eisenhower sent troops to Arkansas to uphold the Constitution in '57 when the entire state government was defying the law of the land.
In 2005, when an innocent woman was being starved to death, Jeb and his brother had lots of nice things to say, but the bottom line is, they sat on their hands and did NOTHING.
That is the truth, and there is nothing you can do to change that. Their failure to act has placed our Republic (what's left of it) in even greater danger than it faced at any time in the past, due to a major shift in power from the executive and legislative branches to the judiciary, and America will never be the same now.
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?
Take all the time you want.
Yep, I would have followed him too.
I was queasy about the dynastic thing, with all those Bushes, but Jeb stood up and was doing the right thing.
But then he caved completely, and inexplicably.
He keeps saying that he does not have the power, but that is not true. It's even craven. He has the power, he does not want to take the heat.
Neither do the guys who ride into real bullets in real combat, but they do, because they believe in a higher cause. For Jeb to do the right thing involved no physical danger to himself or anyone else. He would save a life, which weighs very heavily in favor of the action. What is the absolute worst that could happen? A lot of folks get very angry and huff and puff and try to impeach him. Perhaps some cops don't obey and you end up with a fight between cops following the orders of their chain of command, and cops obeying the judiciary. That's it.
At the end of the day, the worst possible thing would be that the Florida Legislature would impeach him and remove him from office. In which case he'd still be Jeb Bush, still be a multimillionaire, and have the honor and respect of millions (that's assuming they could actually impeach him: they don't have the votes to really do it).
Instead, he chose to wash his hands of an innocent woman's death, and claim - completely falsely - that he had no power to stop it. Pontius Pilate.
George Bush, with Executive power in the White House, has made the same decision.
Very unfortunate.
Reminds me of their father, caving on taxes. Just as inexplicable too.
Dear Vicomte13,
Yes, of course they have the authority.
But it might be politically unpopular to exercise that authority on behalf of Terri.
What do you expect them to do? Risk their entire political agenda, in Jeb's case, future political possibilities, just to save one person? One little, frail, weak, unimportant, defenseless, innocent human being?
Think of the good they could do in the future! Reform Social Security, lower taxes, accommodate peace between the Roman government and the people of Judaea (oh, wait, wrong political career there, strike that last one)!!
How selfish that you might think they should risk all this just to use their legitimate constitutional powers, as the leaders of co-equal branches of government, with the same power to interpret and defend the law and constitutions, just to defend the life of one woman, who's a vegetable, besides.
Sheesh.
You must be one of those pro-life extremists.
sitetest
No it wasn't. That was a ruse to get the feeding tube reinserted. There was never any intention to hold hearings of any kind. Notice that the hearings are not taking place today, the day for which the subpoena was issued. And Congress will not issue contempt citiations because no hearing was convened. It was all phony.
If you think the Executive should override the Judiciary in all cases, then you are advocating an unchecked Executive. Do you really want that?
The Bushes, however, have tainted themselves. The 11 years olds who got themselves arrested bringing water to Terry showed the courage of their convictions, and now will actually be convicted. The Bushes played Pontius Pilate, and will be regarded that way by a million pro-lifers.
The 11 year olds were pimped by their parents in a shameful manner, trotting youngsters into a volatile situation with police officers who are on hair-trigger response. A car could backfire and the guns would come out.
If you think that played well with most pro-lifers, you're mistaken.
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