Jeb Bush Wimping Out in Schiavo Case?

NewsMax ^ | 10/17/03 | Limbacher

[Tumbleweed_Connection]

Florida Gov. Jeb Bush said Thursday that his legal team has been unable to find a basis for him to intervene in the case of Terri Schiavo, who is expected to starve to death as soon as this weekend after her feeding tube was removed at the direction of her husband yesterday.

"The legal office has been talking to people trying to find some strategy where my office can intervene in a different fashion that will yield a different result," Bush said Thursday. "So far we have not found that option."

Gov. Bush's comments came before Schiavo's parents, Bob and Mary Schindler, met with him privately to present a letter from Florida's Thomas More Law Center citing a legal basis for the state to intervene to stop what one attorney described as "the execution of Terri Schiavo."

"We're waiting to hear from Gov. Bush" on the Thomas More letter, Mr. Schindler told national talk radio host Sean Hannity Thursday afternoon. Schindler said Gov. Bush's response is "probably is our last hope."

By Friday morning, Bush's office gave no hint that he had reached a decision. Thursday night Mr. Schindler told Fox News Channel's "Hannity & Colmes" that his daughter could die as early as this weekend if medical staff begin administering morphine to counter the pain of her starvation.

The Republican governor's caution over the legal technicalities of the case stands in marked contrast to the actions of Democrats, who often take a shoot-first-and-ask-questions-later approach when an issue of importance hangs in the balance.

In April 2000, for instance, the Clinton administration didn't let the law interfere with its plan to return 6-year-old boat boy Elian Gonzalez to Castro's Cuba. Instead of waiting for Gonzalez's legal case to play out in the 11th Circuit Court of Appeals, Attorney General Janet Reno executed White House plans to have the boy kidnapped from the home of his Miami relatives at machine gunpoint.

Normally Clinton-friendly legal powerhouse attorneys Alan Dershowitz and Lawrence Tribe were horrified, publicly condemning the raid as unconstitutional.

Gov. Bush reaction? He called the action "unconscionable" but showed no interest in pursuing legal sanctions against the White House.

When Republicans in Congress called for a congressional investigation into the Clinton administration's abuse of power in the Elian case, top aides to then-presidential candidate George Bush derailed the idea.

"A top Republican Party official told The Daily News that Bush campaign manager Joe Allbaugh informed Senate Republicans on Thursday that the candidate wanted the hearings scrapped because the issue is a political loser," reported the New York paper a week after the raid.

As it turned out, voter backlash over the Elian raid among Florida's Cuban-American community gave President Bush his razor thin margin of victory in the 2000 election.

[narses]

825.102 Abuse, aggravated abuse, and neglect of an elderly person or disabled adult; penalties.--

(1) "Abuse of an elderly person or disabled adult" means:

(a) Intentional infliction of physical or psychological injury upon an elderly person or disabled adult;

(b) An intentional act that could reasonably be expected to result in physical or psychological injury to an elderly person or disabled adult; or

(c) Active encouragement of any person to commit an act that results or could reasonably be expected to result in physical or psychological injury to an elderly person or disabled adult.

A person who knowingly or willfully abuses an elderly person or disabled adult without causing great bodily harm, permanent disability, or permanent disfigurement to the elderly person or disabled adult commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) "Aggravated abuse of an elderly person or disabled adult" occurs when a person:

(a) Commits aggravated battery on an elderly person or disabled adult;

(b) Willfully tortures, maliciously punishes, or willfully and unlawfully cages, an elderly person or disabled adult; or

(c) Knowingly or willfully abuses an elderly person or disabled adult and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the elderly person or disabled adult.

A person who commits aggravated abuse of an elderly person or disabled adult commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3)(a) "Neglect of an elderly person or disabled adult" means:

1. A caregiver's failure or omission to provide an elderly person or disabled adult with the care, supervision, and services necessary to maintain the elderly person's or disabled adult's physical and mental health, including, but not limited to, food, nutrition, clothing, shelter, supervision, medicine, and medical services that a prudent person would consider essential for the well-being of the elderly person or disabled adult; or

2. A caregiver's failure to make a reasonable effort to protect an elderly person or disabled adult from abuse, neglect, or exploitation by another person.

Neglect of an elderly person or disabled adult may be based on repeated conduct or on a single incident or omission that results in, or could reasonably be expected to result in, serious physical or psychological injury, or a substantial risk of death, to an elderly person or disabled adult.

(b) A person who willfully or by culpable negligence neglects an elderly person or disabled adult and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the elderly person or disabled adult commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c) A person who willfully or by culpable negligence neglects an elderly person or disabled adult without causing great bodily harm, permanent disability, or permanent disfigurement to the elderly person or disabled adult commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.--s. 3, ch. 95-158; s. 2, ch. 96-322.

[SerpentDove]

You know what would make an interesting photo, smeared all over the front pages of America's newspapers?

The father rushing into the room with a spoon and some food to feed his daughter, and the gestapo stopping him. Or coming with a group to haul her away to safety, and the gestapo throwing them out or arresting them.

I think that is what needs to happen. A photo op to illustrate to those who aren't paing attention, just what is going on.

If we as Americans allow an innocent fellow American to be murdered, all the while saying, "We were powerless to stop it, after all, the law is the law" we are no better than the German citizens during WWII.

And if it happens, I wonder just how far behind can be God's judgment on our nation?

"Just my opinion."

SerpentDove

[Constantine XIII]

The innocent should be defended, the guilty should recieve the penalty legally proscribed by the state for ending the lives of another. That is all I really have to say on that topic.

[Cold Heat]

Just though I would ask. I asked myself the question that if government does not respect life, then how can one expect people to do so.

[AnimalLover]

Why is it that every time I call his office his Mailbox
is full?

If he let's her die because he doesn't want to get
involved even though the Florida Constitution
grants her rights she is not receiving, how about
helping the Floridians start a recall?

We managed to throw the lout out here in Calfornia for
not doing his job

[Constantine XIII]

The government reflects the will of the people. If it becomes evil, it is our own fault, but that is what Free Republic was made to prevent, wan't it?

[Cold Heat]

Yes, I think so.

[Ciexyz]

Prayer for Terri bump.

Lord, please sustain Terri by supernatural means, and give her family strength and peace.

[Jorge]

If Jeb Bush allows Terri Schiavo to die, he can say goodbye to his political future.

Putting responsibility of this sad situation in Jeb Bush's shoulders is wrong.

It amazes me how those who claim to be so compassionate about Terri Schiavo can be so meanspirited and nasty.

[Ciexyz]

I can't believe that the state denies her food and water--but will allow injections of morphine to lessen the pain of starvation. Dear God in Heaven!

[Constantine XIII]

If murder then is evil, then how can we not oppose it?

[Diva Betsy Ross]

I got through at least 5 times and spoke with a person each time. I did have to leave a message once. Once I spoke with this for about 20 mins. I know most people were having the same problem you were having though.

[SerpentDove]

Up is down
Black is white
Good is evil

[verity]

Since you have no standing, you are irrelevant to the final outcome!

[deannadurbin]

>>If only we could change her name to Mumia Abu-Jamal -- her feeding tube would be back in place in less than an hour.

By executive order of President George Bush.

[tertiary01]

Pardon and rescue her ala Elian Ganzalez.

[Jorge]

As head of the state police, he can direct the cops to intervene in a murder-in-progress!!!

The fact is legal euthanasia occurs all the time in FLA and every other state.

And it happens to people more aware, alert and alive than Schiavo will probably ever be.

The idea that Jeb Bush should march the state police into hospitals across the state to intervene in every questionable situation is absurd.

[Poohbah]

The Republican governor's caution over the legal technicalities of the case stands in marked contrast to the actions of Democrats, who often take a shoot-first-and-ask-questions-later approach when an issue of importance hangs in the balance.

So basically the NewsMax writer wants Jeb to behave the same way we complain about Democrats.

Exactly.

[deannadurbin]

>>So basically the NewsMax writer wants Jeb to behave the same way we complain about Democrats.
>>Exactly.

But then at least Terri would LIVE. I personally don't care if Godzilla saves her, I just wish SOMEBODY WOULD!

[incindiary]

I'm not sure if "wimping out" is the right way to put it... but either way, the result will be the same, so....