Free Republic
Browse · Search
General/Chat
Topics · Post Article

To: Defiant
You have to be a lawyer, brilliant post.
107 posted on 03/28/2005 11:27:12 AM PST by rodguy911 (rodguy911:First Let's get rid of the UN and the ACLU,..toss in CAIR as well.)
[ Post Reply | Private Reply | To 105 | View Replies ]


To: rodguy911
Yes, I am a lawyer, and I am at a loss to understand why George Bush didn't act to enforce the subpoenas, as he had a clear statute to enforce and the federal marshalls service at his disposal. George Greer hadn't even sent him a court order!

When the subpoena was issued, DeLay made a statement to the effect that if anyone impeded the subpoena or harmed the witness, it would violate federal law. Then, someone here posted the law and I read it. It is pretty darn clear. After Judge Greer threw the subpoenas in the toilet, that was the last I heard of it. I called my congressman and asked his office if he would ask the President to enforce the subpoena under Section 1505, and I have been shouting about it ever since. I can only assume that the decision not to take this course of action is political, not legal.

Jeb was in a tougher situation because of the court order directed at him, but I still would have sent the DCF in, on the grounds that the judge cannot prevent the state from enforcing its laws as the violation is occuring. That's a separation of powers thing; Judge Greer is not the governor, and cannot direct the DCF to stop enforcing the law. Enforcing the law is their duty. Judge Greer can, at best, tell them that they were wrong after the fact, and then if Michael Schiavo wants to sue on behalf of his wife, he can. However, when she starts responding to therapy, the Judge and Michael might just slink away, hoping not to get indicted.

113 posted on 03/28/2005 11:47:26 AM PST by Defiant (Amend the Constitution to nullify all decisions not founded on original intent.)
[ Post Reply | Private Reply | To 107 | View Replies ]

Free Republic
Browse · Search
General/Chat
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson