Lawyers: Bush can step in Schiavo

MATTERS OF LIFE AND DEATH Lawyers: Bush can step in for Schiavo Briefs on behalf of brain-damaged starving woman urge criminal probe

Florida Gov. Jeb Bush has not only the authority but the legal obligation to use his executive powers to halt the death of Terri-Schindler-Schiavo and to launch an criminal investigation into the case, according to attorneys queried by the governor's legal office yesterday.

"Not only does the governor have such power, but the governor has the constitutional duty to prevent any action taken pursuant to such a court order, because such action would violate Ms. Schindler-Schiavo's constitutionally guaranteed 'inalienable right to enjoy and defend life' regardless of her 'physical disability' as secured by Article 1 Section 2 of the Florida State Constitution," wrote constitutional attorney Herb Titus, of Chesapeake, Va., in a memorandum faxed to the governor's legal office.

Titus, one of the constitutional experts contacted by the governor's office, represents Judge Roy Moore in his battle over the 10 Commandments monument in Montgomery, Ala.

Attorney Richard Thompson, who heads the Thomas More Law Center, a public-interest law firm in Ann Arbor, Mich., noted in a letter that Terri is "a victim of abuse and neglect," and under Florida law, "it is a crime to abuse or neglect a disabled adult" and to encourage another person to do so.

He further called on the governor to launch a full-scale criminal investigation into the circumstances of the case "and to take measures to prevent future harm to Ms. Schiavo pending the outcome of the investigation."

Terri's life-sustaining feeding tube was removed yesterday afternoon in compliance with a judge's order as her mother and husband, Michael Schiavo, who demanded the removal, looked on. Although Terri is well into the second day of forced starvation, it's not too late for Bush to take the woman into protective custody and halt the death process.

But the clock is ticking. Without food and water, doctors say the 39-year-old brain-disabled woman will die within seven to 10 days. The documents were made public today at a noon press conference outside the Hospice of the Florida Sun Coast's Woodside Facility in Pinellas Park, where Terri has resided since April 2000.

Bush has insisted that his hands are tied and Terri's fate is "in the hands of the court." However, he met yesterday morning with Terri's parents, Robert and Mary Schindler, and assured them that if there were some way he could intervene he would do so, and she could have her feeding tube reinstalled.

Randall Terry, noted pro-life activist and founder of Operation Rescue, accompanied the Schindlers at their meeting with Bush.

Terry told WorldNetDaily, "We put the question to him: If there was a legal means for you to intervene and it did not violate the separation of powers, and you were in fact upholding your oath of office, would you do it? He said, 'Yes. I would be very interested. Let us know.'"

Terry said there were "crews working all night, different law firms putting together legal briefs, memorandum of law showing that he does in fact have the constitutional authority, even the duty, to intervene on Terri's behalf. So his legal people have all of those memoranda right now, and we're just hoping and praying that he will step up to the plate, issue the order and rescue Terri."

As WorldNetDaily reported, the Schindlers have been fighting with their son-in-law for 10 years over the lack of care and therapy Schiavo has provided for their daughter, who suffered massive brain damage when she collapsed at her home 13 years ago under mysterious circumstances at the age of 26.

The contentious family dispute escalated into a major euthanasia battle in May 1998, when Schiavo petitioned the Florida courts for permission to end his wife's life by disconnecting her feeding tube, insisting she is in a "persistent vegetative state" and that in casual conversations she had told him she would not want to be kept alive "artificially." Although Terri breathes on her on and maintains her own blood pressure, she requires a simple tube into her abdomen to her stomach for nourishment and hydration.

Although Terri's parents and siblings have claimed for years that she recognizes them and tries to talk, and over a dozen prominent doctors and therapists have stated under oath that she is not in a persistent vegetative state and with therapy could be rehabilitated, a handful of doctors have testified she is "vegetative." They claim her expressions and vocalizations are simply reflex actions and she will never regain consciousness. Despite a scarcity of expert testimony and evidence for Schiavo's position, the Florida courts have consistently sided with him and attorney George Felos.

When the seven-member Florida Supreme Court in August turned down an petition by the Schindlers to review the case, the way was clear for Schiavo to order his wife starved to death.

On Sept. 17, Judge Greer scheduled Oct. 15 as the day Terri's feeding tube would be removed.

The memorandums and other legal documents and information on Terri's fight for life are posted on the family's website.

PLEASE TAKE ACTIONS - HAVE PRESIDENT GEORGE W BUSH AND FLORIDA GOVERNOR JEB BUSH STOP THIS MADNESS. SAVE TERRI AN INNOCENT DISABLED WOMAN WHO HAS THE WILL TO LIVE FROM IMO CRIMINAL HUSBAND, JUDGE, AND COURTS. EXECUTIVE ORDERS CAN STOP THIS NOW. IN THE LAND OF THE FREE AND THE BRAVE AND THE FIGHT AGAINST TERROR HOW CAN THEY ALLOW THIS TO HAPPEN? PLEASE FIGHT FOR TERRI'S LIFE. SHE NEEDS YOU RIGHT THIS VERY SECOND. THIS CANNOT BE ALLOWED TO STAND. PLEASE SPREAD THE WORD FAR AND WIDE RIGHT THIS VERY SECOND IN ANY WAY YOU CAN THINK OF. THANK YOU FOR YOUR ACTIONS. REMEMBER IF YOU TAKE ACTION AND TELL OTHERS TO TAKE ACTION AND THEY DO THE SAME, ETC. WE WILL HAVE A GEOMETRICAL PROGRESSION OF ACTIONS. AGAIN WE BESEECH THE PRESIDENT AND FLORIDA GOVERNOR TO BRING A HALT TO TERRI'S EXECUTION, MURDER, ETC. BY THE STATE OF FLORIDA. THERE IS PROTESTS OUTSIDE THE HOSPICE WOODSIDE RIGHT NOW AND IN WASHINGTON DC OUTSIDE THE WHITEHOUSE AT 3PM. PLEASE MAKE YOUR SIGNS FOR GEORGE W BUSH AND JEB BUSH TO STOP THIS. PLEASE MAKE PROTESTS OF YOUR OWN IN YOUR OWN WAY WHEREVER YOU CAN. Posted on 10/17/2003 7:59 AM PDT by Golden Gate

"The care of human life and happiness, not their destruction, is the first and only legitimate object of good government." - Thomas Jefferson

-------------------------------------------------------------------------------- If W doesn't save Terri Schiavo NOW in '03, then I will lose interest in him and hope that he is a mere w in '05 ! George W. and Jeb had better get with it!

And Arnold (and others in CA, and across America) could make a statement too - the Travesty in the killing of Terri Schiavo.

MURDER in the Making - in the Sunshine State! - (Florida)

EUTHANASIA SCANDAL to Erupt in Florida! Posted on 10/14/2003 10:25 PM CDT by conservative111

To: isrul

if Jeb can find the authority to order privately held orange trees infected with a minor blight to be destroyed to prevent the massive infestation of the same to the commercial orange orchard/factories that are such a powerful lobby in his state, why doesn't he use his same authority to save Terri's life? Extralegal measures are not new to him. (before the Bush v. Gore fiasco--he ordered Katherine Harris to certify the results in favour of his brother), Extralegal measures are nothing new for chief executives--from kicking the cherokee people out of their land under Jackson, to the blockade of Cuba (technically an act of war--which only Congress can authorize) under Kennedy, chief executives have taken advantage of extralegal measures to the benefit of a percieved interested majority.

12 posted on 10/18/2003 12:28 AM PDT by Schwaeky (Lex mala, lex nulla--if the law is bad, then the law is null)

In a message dated 10/18/2003 11:19:17 PM Eastern Daylight Time, angleena@iowatelecom.net writes:

Terri did have a swollowing test done several years ago. From what I understand, the last time she was tested was when the lawsuit was initially started several years ago.

A nurse on the AOL Message board insists that a swallowing test is REQUIRED BY LAW every 6 months if you have a feeding tube and I KNEW Terri had not been getting them,

"Human rights are not a privilege conferred by government. They are every human being's entitlement by virtue of his humanity."

- Mother Theresa ("Notable and Quotable," Wall Street Journal, 2/25/94, p. A14)

http://www.yahoogroups.com/groups/helpterri

http://www.yahoogroups.com/groups/helpterri/chat

Sunday, October 19, 2003 9:09 AM
Kangaroo courts and the Executive Power / Terri's will to live
10/18/03 -- Jeb's Emails to FR poster, summer, today, re: Terri. (And, a Message to Michael Shiavo)

Posted by pc93 to No More Gore Anymore
On News/Activism 10/19/2003 8:32 AM PDT #204 of 214

To: Lawdoc; dixiegrrl; supercat; Pegita

Rumours have been flying aroun the internet and people are getting things mixed up. This summary on one page seems to be the most accurate.

"Judge George Greer: Ruler of the Kangaroo Court set on killing Terri Schiavo. Impartial? Not in the least! Worked side by side as county commissioner with Barbara Sheen Todd (county commissioner) for eight YEARS. Barbara Sheen Todd is on the board of the hospice. Also, Judge Greer's fellow judge, Judge John Lenderman is the brother of Martha Lenderman (also on the hospice board! See the Hospice Board members! Greer accepted as the basis of his rulings, the questionable testimony of Michael Schiavo (and his family) that Terri would wish to be killed, yet Michael never stated that before he got about a Million Dollars to care for Terri forever. Greer also accepted as the basis of his rulings, the "opinion" of a third doctor who just happens to be the brother of a close associate of George Felos, right-to-kill attorney, and very significantly, former CHAIRMAN of the hospice board! If there ever was a rigged court, Judge Greer's is it!"

398 posted on 10/19/2003 4:41 AM PDT by TaxRelief

------------------------------------- -------------------------------------------
Post Reply | Private Reply | To 190 | View Replies

The war for Terri Schiavo's life- some links

Posted by pc93 to IcelandicConservative
On News/Activism 10/19/2003 8:30 AM PDT #412 of 417

Ok. Sorry. Yes she is conscious but Jeb needs to do something straightaway as she has gone without food or water since Oct. 18 at 8AM.

Jeb has the duty to uphold the laws of Florida. He has been notified that a murder is taking place in his state on his watch, to a defensless diabled person. She is being starved and dehydrated against her will, upon the false testimony that she is brain dead and wants to die. She is not either.
Sunday, October 19, 2003 9:00 AM
JEB PLEASE SAVE TERRI NOW
http://bellsouthpwp.net/p/c/pc93/terri_schi ndler.asf

http://www.tomeaker.com/ts/terri-cabl e.mov

http://www.apple.com/quicktime/download

TERRI HAS BEEN WITHOUT WATER AND NUTRITION SINCE
OCT. 15TH 8AM. PLEASE BESEECH JEB TO SAVE HER
AS HE IS THE ONLY ONE LEFT WHO HAS THE POWER
TO DO SO VIA EXECUTIVE ORDER.

---

----- Original Message -----
From: "Tammy Nicholas"
To:
Sent: Sunday, October 19, 2003 3:34 AM
Subject: [helpterri] Fwd: IMPORTANT UPDATE ON TERRY

And Very Important Info

>
> --- TERRISHOPE@aol.com wrote:
> > From: TERRISHOPE@aol.com
> > Date: Sun, 19 Oct 2003 03:26:35 EDT
> > Subject: IMPORTANT UPDATE ON TERRY And Very
> > Important Info
> > To: TERRISHOPE@aol.com
> >
> > Hi Everyone,
> > I have to do this ... this way, I have (many of

you
> > know this) tried to email
> > you all one on one and I just can't keep up, I am
> > losing it here. So it's a
> > MASS mail now, PLEASE bear with me. Let me try

and
> > tell you all ... all I
> > know and some other things as well. First of all,
> > there are many rumors going
> > around and they are making me mad, but I have got

to
> > ignore them because I don't
> > have TIME to waste and you know what, neither do
> > you. So if you want to
> > listen to me and believe me that''s a good thing,
> > because you will only get FACTS
> > from me, no made up BS. This isn't a game. And

if
> > I am half dead here I can
> > just imagine how all of you are holding up. You

are
> > fighting none stop, many
> > of you are putting ALL of your time and efforts

into
> > this and you are
> > AMAZING!! God bless all of you!!
> >
> > Okay now, first off... Terri as of RIGHT NOW 2 AM
> > Florida time has been
> > without food, water and any meds (meds that I am
> > aware of) for 88 hours. Her tube
> > was removed HOURS AFTER her last feeding, remember
> > she was only being fed
> > twice a day. She is still responding and aware!!!
> > She is still fighting for her
> > blessed life! "She has a will to live people!!!"
> > We have got to be her
> > voice, we just have to, it is the RIGHT thing to

do,
> > we can't give up on her, this
> > has got to be a sign to us ... how much more can
> > anyone take, her, her parents
> > and us??? I don't know, you all tell me. It is
> > said God will NOT put more
> > on you then you can bare!!! Do you believe that??
> > I think Terri's family is
> > our LIVING PROOF!
> >
> > I have been asked MANY questions about many
> > different things, a lot I can
> > tell you, some I can't and some is just simply NOT
> > important, please trust me. I
> > am in contact with the family and also someone who
> > is closer to this daily!!
> > I will NOT let you be in the dark, you guys made

Jeb
> > Bush act!! He may not
> > have done anything more then PROMISE the family

that
> > he would stop this if at
> > all possible, but WE are making him KEEP his

promise
> > now!!! Trust me, your
> > voices were hear and they were loud! None of you
> > are allowed to get a sore
> > throat now... Keep BOMBARDING Jeb Bush and

everyone
> > I send you email address's
> > to... and keep the faith. Something will happen.
> >
> > For those of you who have asked... Terri is not
> > allowed flowers, teddy bears,
> > a comfortable, soft warm socks, she is allowed
> > NOTHING! She never as had
> > flowers, cards or stuffed animals to brighten her
> > days ... her loving husband
> > Michael will NOT allow it. She is not allowed a

wet
> > wash rag on her lips. They
> > will put Vaseline on mouth. That's it folks.
> > Please read my emails ... this
> > was stated in the past, however I realize many of
> > you have just recently
> > joined this team of Angel's and I do mean ANGELS

...
> > so to those of you who are
> > new...WELCOME, God BLESS YOU and I am sorry we

have
> > too meet like this, all of
> > us.
> >
> > But do you all realize that that sweet woman who
> > even now while she lays
> > dying is bring sooo many good people together.

She
> > is STILL spreading her love,
> > the same love she spread to everyone who knew her
> > before her night of hell.
> > Terri to my knowledge (someone heard this rumor

and
> > ask me) is NOT chained to
> > her bed. She may be restrained because she may

have
> > grand Mal seizers because
> > of the lack of fluid in her system, lets pray not.
> > Which is a reason they may
> > restrain her ... but No she is not chained to the
> > bed. God bless her. :(
> > This is killing many of us too... Precious ones I
> > KNOW how you feel, all of your
> > feeling are sooo real, it hurts!
> >
> > Tomorrow morning at 10 am anyone and everyone who
> > can get up to that hell
> > hole hospice house (God please forgive me as I

know
> > Hospice does do good for
> > many, it has also helped those I've loved and lost
> > in the past) it is just THAT
> > place that has me crazy!! But anyone who can

attend
> > the protest PLEASE, PLEASE
> > go, even if only for 30 minutes, but I assure you,
> > if you go up there or down,
> > whatever the case my be, you'll want to stay for a
> > while, you just will. But
> > then it will weaken you and the feelings of
> > overwhelming sadness will make
> > you want to come home again, but d not let that

stop
> > you, PLEASE!
> >
> > As this family is horrified, grief stricken and
> > slowly dying with their
> > daughter/sister, they will STILL welcome you with
> > open arms!!!!! I promise you
> > that, find them among the crowd or in the camper
> > that is parked right there
> > across the street and tell them who you are and

tell
> > them you are with Lisa and the
> > TERRISHOPE group, They will know exactly who you
> > are, just not your name.
> > Sometimes there are 5 supporters there, sometimes

20
> > sometime 50 and sometimes
> > as many as 200. It changes constantly, but the

more
> > that go, the better. And
> > yes, people stay through the night, all night we
> > did.
> >
> > There are people from all over the world there I
> > swear to you, all the way
> > from Germany! I have met wonderful people, from
> > Colorado, Ga. Nebraska,
> > Washington, Calif. ... all over!! I was sooo
> > touched and I know you will be too...
> > All walks of life, red, yellow, black and white,
> > Jesus had all in his site!! I
> > started everyone singing God bless America,

Amazing
> > Grace, Jesus us loves us,
> > we talked, we prayed, we cried, we paced, we

yelled
> > out Bush save Terri over
> > and over to the lying media! You guys just

weren't
> > lucky enough to hear us
> > because they cut a lot of it out! We yelled out
> > many things, you just take the
> > steps and get everyone to join in ... do not be
> > afraid, someone has to get
> > people there started, but keep it peaceful! And
> > when someone is being
> > interviewed try and stay quiet. You can talk to
> > others about your feelings we all did,
> > many are full of anger, many are silent and just
> > pray and that's okay too.
> >
> > Be advised ... be very ready for someone in the
> > media to interview you,
> > there's a good chance of that, be ready to speak

up,
> > be calm and be clear that
> > Terri is NOT in a coma, that she is not a

vegetable,
> > that she is being murdered
> > and you are there because you want it stopped! Be
> > ready folks! I was
> > interviewed 5 times!! There is media there local
> > and National from all over, although
> > it has really slowed way down, BUT it will pick

back
> > up now that Voters will
> > be shredding their voters registration cards
> > tomorrow and they also will have a
> > Sunday service for Terri. Also there are MANY
> > police officers there, more
> > now then before and honestly I found them all to

be
> > very nice, just do NOT step
> > on the grass that belongs to the hell hole!!! You
> > will be confronted!
> >
> > As for Jeb Bush, YES ... he can and it is his DUTY
> > to stop this, what he has
> > said is political bull caca! HE CAN SAVE HER ...

If
> > he doesn't, I'd hate to
> > be in his shoes. HE NEEDS TO DO THIS and do it
> > YESTERDAY!!!!!!!!!! Believe
> > me, this is TRUE, he CAN do it, it is in his

power!
> > STAY ON him and the others
> > whom I email you about and don't stop fighting

until
> > we no longer have any
> > reason to fight. Then we can deal with the rest

of
> > the evil ones ... they will
> > hang!!
> >
> > Okay, I hope for right now, just for tonight, I

have
> > answered some questions
> > for all of you. I really am trying and this is

all
> > effecting me too... I just
> > want t go into the closet and hide and cover my
> > ears. I can't bare to answer
> > my phone, it scares me, Jinks cell phone rings and
> > we hold our breath with
> > worry. So please believe me, I am really doing my
> > very best to keep you
> > informed at all times about everything, but I

can't
> > tell you things that don't know
> > and I have learned already not to repeat what I

hear
> > unless I hear it from the
> > family, because everyone has a different view on

how
> > they see AND hear things.
> >
> >
> > I am so tired dear ones ... just mentally and
> > emotionally drained and the
> > clock ticks on. It is now 3 AM :( and 89 hours

for
> > Our sister Terri ... without
> > food and water. :( Please keep praying hard for
> > her. Let Jeb Bush know
> > whenever you think about it, send him the hours.
> > Don't let him or his staff
> > forget through out the days. We will get through
> > this together. I will send
> > another update tomorrow and I will do this

everyday
> > if at all possible, more often
> > if I can ... THANK YOU ALL... Tammy you too honey,
> > God loves you ... your
> > doing a great job on our message board and once
> > again for anyone who wants to
> > join the message board that Tammy and I started

(she
> > did the work, I am too dumb
> > with that stuff and it couldn't have done it
> > witrhout her) email me and I can
> > have Tammy get you started.
> >
> > I hope all of you are in bed and resting. Boy, we
> > sure made quite a team
> > here didn't we? Somehow I am not at all

surprised.
> > I PROMISE TO KEEP YOU ALL
> > POSTED with all the news good or bad as soon as I
> > know, you'll know, no matter
> > what it is. May God's Angels keep you safe and
> > surround you with "Our Saviors
> > Love" always, Lisa Pray for Terri PS here is the
> > address for the hell hole
> > hospice hose in Clearwater...
> > Hospice Woodside is located at 6774 102nd Avenue
> > North in Pinellas Park and
> > is just west of 66th Street North.
> > A group of Republican demonstrators are planning

to
> > shred their voter
> > registration cards and officially change their

party
> > affiliations in order to call
> > attention to the Governorâ?Ts refusal to intervene
> > on behalf of Terri
> > Schindler-Schiavo.
> > IF YOU WANT TO BE REMOVED FROM THIS MAILING
> > GROUP...PLEASE EMAIL ME AND TELL
> > ME...I will remove you within 48 hours and I

promise
> > No uestions asked. Also
> > if you delete UPDATES or URGENT emails from me, I
> > will remove your name from
> > the list. God bless you one and all, Lisa
> >

REFS:

Refs:

supremecourt@flcourts.org

Substantive Contacts:

Craig Waters for the Supreme Court, (850) 414-7641,
watersc@flcourts.org Brenda Johnson, for the Office of

the State Courts Administrator, (850) 922-5081,

johnsonb@flcourts.org

Executive Office of Governor, Legal Team to Jeb (ask

to speak to the following individuals):

Robert H. Fernandez (Deputy General Counsel to

Governor) -> fernanr@eog.state.fl.us

Raquel A. Rodriguez (General Counsel to Governor) ->

raquel.rodriguez@myflorida.com

Christa Calamas (Assistant General Counsel to

Governor) -> calamac@eog.state.fl.us

850 / 488-3494 (voice)

850 / 488-9810 (fax)

Jeb Bush, Governor ->

jeb@myflorida.com,jeb.bush@myflorida.com

Voice: (850)488-4441

Voice: (850)488-7146

Fax: (850)487-0801

Executive Office of the Governor

400 S. Monroe Street

The Capitol

Tallahassee, Florida 32399-0001

Ask to speak to Lauren O'Conner

Attorney General Charlie Crist -> ag@oag.state.fl.us

Office of Attorney General Charlie Crist

State of Florida

The Capitol PL-01

Tallahassee, FL 32399-1050

Main office telephone numbers

Voice: (850)414-3990

Fax: (850)487-2564

Additional added note:

A criminal investigation needs to be conducted by John

Ashcroft. Please demand of President Bush to initiate

an investigation so that Mr. Ashcroft can get

involved:

President George W. Bush

c/o The White House

1600 Pennsylvania Ave.

N.W. Washington, D.C. 20500

Voice: (202)456-1111

Switchboard: (202)456-1414

Fax: 1 202 456 2883

TTY/TDD Comments: 202-456-6213

Visitors Office: 202-456-2121

Although you'll get an automated response, here are

the e-mails for GW and Cheney:

President George W. Bush: president@whitehouse.gov

Vice President Richard Cheney:

vice.president@whitehouse.gov

Fax: 1 202 456 2710

United States Attorney General John Ashcroft:

(AskDOJ@usdoj.gov)

Fax:202/514-1009

NOTE: Free faxing for entire Washington D.C. area:

www.tpc.int/sendfax.html

Format of number to input is:
(ex. Pres. U.S. [POTUS]) -> 1 202 456 2461
(ex. Ashcroft) -> 1 202 514 1009
Vice Pres. Dick Cheney 1 202 456 2710

U.S. Senator John W Warner
1 202 224 6295

U.S. Senator Bob Graham
1 202 224 2237

House Representative Corrine Brown
1 202 225 2256

House Representative Henry Hyde
1 202 225 1166

etc.

U.S. Senate:

http://www.senate.gov/general/contact_informat ion/senators_cfm.
Saturday, October 18, 2003 5:29 PM
People needed at Hospice Woodside, and also in Wash. DC. at the Whitehouse at 3PM and wherever you can

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