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Governor Bush Has Legal Authority, But Lacks Politcal Will To Save Terri Schiavo’s Life
THOMAS MORE LAW CENTER ^
| 10-17-03
Posted on 10/18/2003 12:49:52 AM PDT by cpforlife.org
ANN ARBOR, MI - According to Richard Thompson, former prosecutor of Jack Kevorkian, Florida Governor Jeb Bush has the legal authority to act in the case of Terri Schiavo, but lacks the political will to do so. Responding to the Governors statements that he cannot intervene in the civil case, Thompson claimed Bush is confusing the public on what is being asked of him.
Nobody is asking the Governor to intervene in the civil case. We are asking him to initiate an independent criminal investigation based on a list of facts that suggest criminal wrongdoing, said Thompson. We have outlined for the Governor some of these facts, and confirmed his Constitutional authority to act. The fact that he has chosen to confuse the public by referring to the civil case, completely ignoring the request that we presented, reveals a lack of moral courage and political will. We expect the Governor to do the right thing, and so far, he has refused to do so.
If Governor Bush does not act quickly, I expect Terri will be killed by an overdose of morphine. She is being starved and denied fluids, and the Governor needs to act now before its too late, said Thompson.
Thompson, now president of the Thomas More Law Center, delivered two emergency letters to Bush Wednesday evening and Thursday morning, asking him to initiate a criminal investigation. The letters outlined the constitutional authority of the Governor to act in the case, including a factual basis for initiating a criminal investigation. Bush has maintained he has no authority to interfere in the civil case that led to the feeding tube being removed.
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TOPICS: Business/Economy; Constitution/Conservatism; Crime/Corruption; Culture/Society; Extended News; Government; Philosophy; Politics/Elections; US: Florida
KEYWORDS: murder; terrischiavo
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To: MHGinTN; Coleus; nickcarraway; Mr. Silverback; Canticle_of_Deborah; TenthAmendmentChampion; ...
NEW Terri Schiavo update PING
Please let me know if you want on or off my Pro-Life Ping List.
2
posted on
10/18/2003 12:50:51 AM PDT
by
cpforlife.org
(The Missing Key of the Pro-Life Movement is at www.CpForLife.org)
To: cpforlife.org
Family trait?
To: All
4
posted on
10/18/2003 12:53:06 AM PDT
by
cpforlife.org
(The Missing Key of the Pro-Life Movement is at www.CpForLife.org)
To: MissAmericanPie
Looks that way.
5
posted on
10/18/2003 12:53:52 AM PDT
by
cpforlife.org
(The Missing Key of the Pro-Life Movement is at www.CpForLife.org)
To: cpforlife.org
So sorry to read this is happening, CP.
It's a sad part of life that sometimes people you think you can count on, will let you down when you need them most. Those who have mooted Governor Jeb as presidential material down the track have much to think about. Prayers for Terri, and for your goodself, and please don't let this tragedy damage your commitment to a good cause. All the best, Byron
To: MHGinTN; Coleus; nickcarraway; Mr. Silverback; Canticle_of_Deborah; TenthAmendmentChampion; ...
And more from:
http://www.judicialwatch.org/3517.shtml GOV. BUSH HAS AUTHORITY TO STOP DEATH OF TERRI SCHIAVO BY DEHYDRATION & STARVATION
Judge Ordering Terri Schiavos Death Violated Eighth Amendment (Cruel and Unusual Punishment) & Floridas Abuse and Neglect Statutes
Gov. Bush Should Direct Floridas Dept. of Children and Family Services to Intervene, Resume Nutrition & Investigate
(Washington, DC) Judicial Watch, the public interest group that investigates and prosecutes government corruption, stated today that Florida Governor Jeb Bush has the authority to prevent the death by starvation and dehydration of Ms. Terri Schiavo.
Unless rapid action is taken by Governor Bush, Ms. Schiavo will die of dehydration; a slow, grueling death taking approximately two weeks. This form of death entails less blood flow to major organs the brain, kidneys, heart, lungs and skin. The kidneys stop functioning and the body cannot expel its waste. As Ms. Sciavo grows weaker, her breathing will become more difficult, taking in less oxygen and expelling less carbon dioxide. U.S. law forbids animals to die this way. The U.S. Department of Agriculture regulations (9 C.F.R. ' 2.131) specifically prohibits the withholding of food and water from farm animals.
Pinellas County Circuit Court Judge George Greers ruling to remove Ms. Schiavos feeding tube is the most liberal applications to date of a persons constitutional right to refuse medical treatment. Judge Greer did what judges in other landmark cases did not do ordering the end of life in opposition to a majority of the patients family members.
Ms. Schiavo is being subjected to a cruel and inhumane form of torture that violates her fundamental rights and human dignity, under both federal and Florida state law. Governor Bush must immediately order the Florida Department of Children and Family Services to intervene on behalf of Ms. Schiavo, restore her nutrition and initiate a full investigation of the circumstances surrounding Ms. Schiavos disability. Terri Schiavos life is in Jeb Bushs hands, stated Judicial Watch President Tom Fitton.
To view a copy of the complaint filed with the Florida Department of Children and Families, click
http://www.judicialwatch.org/archive/2003/schiavo.pdf To view a copy of the cover letter sent to Governor Jeb Bush along with the complaint, see below: and at
http://www.judicialwatch.org/archive/2003/jw2jebreschiavo.htm October 17, 2003
BY FEDEX & FAX ( 850-487-0801 / 850-922-2993)
The Honorable Jeb Bush Mr. Jerry Regier
Governor Secretary
State of Florida Florida Department of Children and Families
400 S. Monroe St. 1317 Winewood Blvd.
The Capitol Building 1, Room 202
Tallahassee, FL 32399-0001 Tallahassee, FL 32399-0700
Re: Ms. Terri Schiavo
Dear Governor Bush and Secretary Regier:
Judicial Watch Inc. (Judicial Watch) was established in 1994 to serve as an ethical and legal watchdog over our government, legal, and judicial systems to promote a return to ethics and morality in our nation's public life. Judicial Watch operates in the public interest as a non-partisan, non-profit public interest group.
Attached is a copy of a Fax Transmittal Form to Report Abuse / Abandonment / Neglect / Exploitation that we filed concerning Ms. Schiavo with the Florida Department of Children and Families at 12:58 PM today on the departments Fax Hotline (800-914-0004).
Based on our formal complaint via the faxed report referenced above, you have the authority and sufficient cause to immediately order the Florida Department of Children and Family Services to intervene on behalf of Ms. Schiavo; to restore her nutrition; and to initiate a full investigation of the circumstances surrounding Ms. Schiavos disability. These actions are consistent with Ms. Schiavos protections under the U.S. Constitution, the Florida Constitution (Art. 2, ' 5), as well as Fla. Stat. ' 825.102 and Fla. Stat. '' 782.04(2)(i), 77.04.
Your immediate attention to this important matter is appreciated.
Sincerely,
JUDICIAL WATCH, INC.
Thomas Fitton
President
Encl.
7
posted on
10/18/2003 1:15:20 AM PDT
by
cpforlife.org
(The Missing Key of the Pro-Life Movement is at www.CpForLife.org)
To: Byron_the_Aussie
Thanks Byron, you are right.
As for me, I'm just gettin' started.
8
posted on
10/18/2003 1:21:01 AM PDT
by
cpforlife.org
(The Missing Key of the Pro-Life Movement is at www.CpForLife.org)
To: cpforlife.org
To: All
The strangualtion evidence is HERE!!!!:
Other Abuse related injuries found too!!! High probability of FIRST DEGREE MURDER with this stuff if this "euthinasia" is completed!!!!! Posting this to EVERY currently active Terri thread!!!!
10
posted on
10/18/2003 2:36:16 AM PDT
by
Coral Snake
(Why do we allow a purjuring, software pirate traitor to continue to run our computers?)
To: cpforlife.org; TigersEye; Madame Dufarge
Thank you for posting this, cp.
"U.S. law forbids animals to die this way.
The U.S. Department of Agriculture regulations
(9 C.F.R. ' 2.131)
specifically prohibit
the withholding of food and water from
farm animals."
< OUTRAGE >
If Jeb Bush dares show his face in church this weekend I hope the good followers of Christ in Florida preach the Gospel of Life to him ala John the Baptizer:
"You brood of vipers! Who warned you to flee from the coming wrath? Produce fruit in keeping with repentance. And do not think you can say to yourselves, 'We have Abraham as our father.' I tell you that out of these stones God can raise up children for Abraham. The ax is already at the root of the trees, and every tree that does not produce good fruit will be cut down and thrown into the fire. I baptize you with water for repentance. But after me will come one who is more powerful than I, whose sandals I am not fit to carry. He will baptize you with the Holy Spirit and with fire. His winnowing fork is in his hand, and he will clear his threshing floor, gathering his wheat into the barn and burning up the chaff with unquenchable fire."
The pickets and protesters oughta be outside his home all weekend. May he never know a moment's peace until he rules justly as Governor and leads the state of Florida (and thus these United States) in protecting human life. FOR SUCH A TIME AS THIS, GOVERNOR BUSH! If he tries to hide out at his Dad's in Maine, I'll get there and FReep him myself. [Madame, that's why I'm pinging you! Please let me know if you get some news of Jeb Bush's arrival in Maine.]
< /OUTRAGE >
Proverbs 24:10-12
If you falter in times of trouble,
how small is your strength!
Rescue those being led away to death;
hold back those staggering toward slaughter.
If you say, "But we knew nothing about this,"
does not he who weighs the heart perceive it?
Does not he who guards your life know it?
Will he not repay each person according to what he has done?
Judicial Watch is right, Governor Bush, you are the one man who can stop this. The buck stops at your desk, Sir:
"Based on our formal complaint via the faxed report referenced above, you have the authority and sufficient cause to immediately order the Florida Department of Children and Family Services to intervene on behalf of Ms. Schiavo; to restore her nutrition; and to initiate a full investigation of the circumstances surrounding Ms. Schiavos disability. These actions are consistent with Ms. Schiavos protections under the U.S. Constitution, the Florida Constitution (Art. 2, ' 5), as well as Fla. Stat. ' 825.102 and Fla. Stat. '' 782.04(2)(i), 77.04."
11
posted on
10/18/2003 2:56:41 AM PDT
by
.30Carbine
(When the righteous thrive, the people rejoice; when the wicked rule, the people groan.)
To: .30Carbine
Jeb, please listen to us.. do a search on Terri, count the posts, you will see we are serious and you have a lot to lose. We do not forget!
To: Byron_the_Aussie
republicans aren't real big on pro-life ,either...they don't care about saving one womans life, just saving their own lousy,stinking political hide,jeb bush is a rino and a coward.......wheres rick santorum when you need him?????
13
posted on
10/18/2003 4:32:44 AM PDT
by
fishbabe
To: trustandobey
jeb bush doesn't give a damn..if this had been his daughter,he would have moved heaven and earth and wouldn't have cared about the political consequences...
14
posted on
10/18/2003 4:35:18 AM PDT
by
fishbabe
To: .30Carbine
Can you provide the full text of the statute giving Governor Bush the authority to launch a criminal investigation.
In most states, such authority (if at all) lies with the independently-elected attorney general. Otherise, it remains with local officials.
Before this starts some flame, I want to say that this whole thing sickens me. It is clear to me that Schiavo just wants her dead for the malpractice money; otherwise, he would have turned over guardianship to Mr. and Mrs. Schindler.
To: cpforlife.org
Can someone please explain what I heard on the news last night?
That Gov. Jeb Bush has been ordered to not interere in Teri's case!
By whom? Under what authority?
16
posted on
10/18/2003 5:16:13 AM PDT
by
Budge
(God Bless FReepers!)
To: cpforlife.org
Having given the matter several days reflection, I believe Bush is right not to get involved.
First, I am unclear what his statuatory authority over such a matter is, but for the sake of argument assuming it does exist then
Secondly, intervention now would create the precedent making the governor the final arbiter of all life and death medical decisions in Fla. A role for which a non-medically trained governor is not the appropriate authority.
Cut the guy some slack.
17
posted on
10/18/2003 5:24:46 AM PDT
by
tlb
To: cpforlife.org
18
posted on
10/18/2003 5:25:49 AM PDT
by
AAABEST
Comment #19 Removed by Moderator
To: tlb
...intervention now would create the precedent making the governor the final arbiter of all life and death medical decisions in Fla....So?
He's already the final arbiter of all life and death penal decisions in Fla.
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