Posted on 02/24/2005 12:00:03 AM PST by amdgmary
Tallahassee, FL (LifeNews.com) -- Florida Governor Jeb Bush may have found a method of helping Terri Schiavo, the disabled woman at the center of a national euthanasia controversy.
The Florida Department of Children & Families investigated a way to intervene in the case on Wednesday, just hours after Bush told reporters in a press conference that he would do everything legally possible to help Terri's parents prevent her estranged husband from starving her to death.
Details of just how DCF would get involved were not yet available, according to an Associated Press report.
Also on Wednesday, Circuit Court Judge George Greer extended a stay preventing the starvation until Friday so the Schindlers could have two more days to take care of additional appeals and legal motions.
However, Judge Greer prevented a DCF representative from being able to speak at the afternoon hearing.
The news had Terri's father, Bob Schindler, hopeful again.
"We are really elated," Schindler told AP. "Forty-eight hours to us right now seems like six years. We pray to God and we thank God that we have some time and our very, very thankful that DCF has picked this up."
However, euthanasia advocate George Felos, the lead attorney for Michael, criticized the Bush administrations latest efforts saying it "reeks of the intervention of politics into the case and is an affront to the court."
DCF may have gotten involved, according to Felos and Schindler attorney David Gibbs, because of a bone scan conducted on Terri after she collapsed 15 years ago.
Though they were never investigated, because local authorities said they were too old to go into, DCF may be alleging that Michael abused Terri to cause the physical head trauma the scans displayed.
Terr is alleged to have made statements before the collapse to her family and friends that she was unhappy in her marriage, but Michael has denied hurting her.
In a press conference Wednesday, Bush said he was exploring every legal possibility to again prevent Terri from being starved to death. He called the effort a "work in progress."
"I can assure you, I will do whatever I can within the means, within the laws, of our state to protect this woman's life," Bush said Wednesday. "I won't go beyond that."
The governor said he has received thousands of calls and emails from supporters of Terri and that he and his staff are working with attorneys at the legislature to devise a solution.
"People with deep faith and big hearts are concerned, as I am about the circumstance that Ms. Schiavo is in," the governor continued. "I want them to know I will do what I can, but there are limits to what any particular person -- irrespective of the title they currently hold -- can do."
It's called I don't have the time at the moment to do the research.....
'Seems that any extension would have to be contingent upon DCF completion of investigation. '
In 60 days??? Terri will be dead. That must be the plan. And that's if they even complete it in 60 days. DCF has a lousy record:
http://extralove.com/ash_numbers_lie.html
http://extralove.com/ash_danger_abuse.html
That's a cop out, and you know it.
If you are advocating justifiable force, you must know who it is that the force is to be used against.
It's called "you don't have the law on your side."
Like I said, its anarchism.
Florida Statutes
250.28 Military support to civil authorities
4) The Governor may, in order to preserve the public peace, execute the laws of the state, enhance domestic security, respond to terrorist threats or attacks, respond to an emergency as defined in s. 252.34(3) or imminent danger thereof, or respond to any need for emergency aid to civil authorities as specified in s. 250.28 (SEE BELOW), order into state active duty all or any part of the militia which he or she deems proper.
250.28 Military support to civil authorities
250.28 Military support to civil authorities.--When an invasion or insurrection in the state is made or threatened, or whenever there exists a threat to security, a terrorist threat or attack, a riot, a mob, an unlawful assembly, a breach of the peace,
Florida Statutes
250.28 Military support to civil authorities
4) The Governor may, in order to preserve the public peace, execute the laws of the state, enhance domestic security, respond to terrorist threats or attacks, respond to an emergency as defined in s. 252.34(3) or imminent danger thereof, or respond to any need for emergency aid to civil authorities as specified in s. 250.28 (SEE BELOW), order into state active duty all or any part of the militia which he or she deems proper.
250.28 Military support to civil authorities
250.28 Military support to civil authorities.--When an invasion or insurrection in the state is made or threatened, or whenever there exists a threat to security, a terrorist threat or attack, a riot, a mob, an unlawful assembly, a breach of the peace,
>>a breach of the peace, or resistance to the execution of the laws of the state, or imminent danger thereof, which civil authorities are unable to suppress
"Breach of the peace" is such a big loophole and could probably be used in this instance.. However the most applicable part is "execution of the laws of the state"
The court may order that the tube can be removed -- a breach of the peace itself. The court will restrain local law law enforcement from interfering.
The Legislature, having give the Gov. constitutional authority, and having the backing of the Florida Constitution, cannot be overridden by this judge in a way that is binding (the judge can say anything he wan't -- but that's a different story).
The Judge's order to stop the local authorities from enforcing State Law and provisions of the State Constitution, is resistance to the execution of the laws of the State, and gives the Governor the situation to exercise his legal authority.
And, contrary to your claims, it's not anarchism -- it's Florida statute.
Like I said, you don't know what you are talking about...
Eat humble pie -- wisdom is not gained through speaking but listening...
You are a lightweight.
Show some legal history where a governor used that law in the way you are interpreting it.
If not, you are simply pissing in the wind.
Though they were never investigated, because local authorities said they were too old to go into, DCF may be alleging that Michael abused Terri to cause the physical head trauma the scans displayed.
Terr is alleged to have made statements before the collapse to her family and friends that she was unhappy in her marriage, but Michael has denied hurting her.
And for that matter, show me any legal organization that interprets that law the way you do.
I'll bet that other than you, Eric Rudolph and the late Paul Hill, you won't find many people agreeing with your interpretation.
>>Show some legal history where a governor used that law in the way you are interpreting it.
Actually it has, unfortunately on the "wrong" side of an issue. (Civil rights).
And, this statute was just signed into law this year, so there is no precidence in Florida. But the statute is very clear, that in order to enforce the state laws REGARDLESS of the why, the Gov. has the authority.
>>If not, you are simply pissing in the wind.
No, you can't accept that you are on the losing end of this debate... Lighweight? Well, why not try to score some points -- you haven't so far. And I've prove that he does have the authority under Flordia law...
>>d for that matter, show me any legal organization that interprets that law the way you do.
Dude, it doesn't take rocket science. Read the statutes, and ask yourself the opposite of what you are stating: How does it prevent it? It doesn't, in fact, it enables the gov to do so.
The evidince is prima facie -- it's all about reading comprehension. Reread the statute, slowly.
That's a cop out, and you know it.
If you are advocating justifiable force, you must know who it is that the force is to be used against.
__________________________________________________________
Back up and back off.
I obviously stepped into something going on between you and 1stFreedom. You asked:
'Please show me state or federal law that allows Bush to send armed National Guard soldiers to the hospital to fend off anyone who comes near her?'
Having already in the recent past run across the statutes on 'justifiable force', and having them handy, I thought I'd help you out by pointing you in the direction you asked for. I did not say I was advocating it; YOU said I was advocating it. I was just pointing out that that option exists BY STATUTE. Maybe your vision of justifiable force and mine differ - you thinking worst case scenerio going in guns blazing. My idea would be, IF I were advocating it, would be, first and foremost, a peaceful appearance of law enforcement to PROTECT Terri as a police officer would PROTECT a witness to a crime while the witness was hospitalized, OR the PEACEFUL removal of Terri to a neutral spot where she would be protected from harm.
From there, I went on to list some of the misdeeds of 'Judge' Greer, which was my main purpose for being on the thread. Later I realized that perhaps you did not read the link I gave more than once, the title of which is GOVERNOR BUSH MANDATED BY STATUTE TO REMOVE SCHIAVO 'JUDGE'. http://www.theempirejournal.com/0219056_gov.htm . [Quotation marks added by me.] If you had read it without that chip on your shoulder, looking for trouble where there wasn't any, you might have made the inference that I was trying to add additional justification for removing the 'judge', not by KILLING him, as you startled me by suggesting, but by FIRING him. Please read the article if you have not. I'm a Christian, and I take my faith seriously. While my carnal self might contemplate some unChristian wishful thinking against these fiends, my spiritual side kicks in and I am reminded that Christ did not call for violence. A Christian's warfare is not carnal: http://www.blueletterbible.org/kjv/2Cr/2Cr010.html#4 . You might not realize it, but this is a spiritual battle we are in. If we win it without bloodshed, that means all the more glory to God.
Now, I have spent the entire afternoon trying to clean up my computer, which entailed linking to pertinent articles from each window before I nuked it. Since I ran across what 'I did not have the time to research' yesterday, I am posting the following FOR THE RECORD, and so that I can close those windows.
NUMBER 1 DUTY OF THE GOVERNOR:
Title IV
EXECUTIVE BRANCH Chapter 14
Governor
14.01 Governor; residence; office; authority to protect life, liberty, and property.--The Governor shall reside at the head of government, and the Governor's office shall be in the capitol. The Governor may have such other offices within the state as he or she may deem necessary. The Governor may employ as many persons as he or she, in his or her discretion, may deem necessary to procure and secure protection to life, liberty, and property of the inhabitants of the state, also to protect the property of the state.
History.--ch. 1660, 1868; RS 68; GS 69; RGS 83; CGL 104; s. 1, ch. 65-54; s. 32, ch. 95-147.
http://www.flsenate.gov/Statutes/index.cfm?p=2&App_mode=Display_Statute&Search_String=&URL=Ch0014/SEC01.HTM&Title=->2004->Ch0014->Section%2001
The 2004 Florida Statutes
Title IV
EXECUTIVE BRANCH Chapter 14
GOVERNOR View Entire Chapter
14.02 Governor may preserve peace and order by military force.--The Governor may, in cases of insurrection or rebellion, violence, disorder or insecurity of life, liberty and property, support and preserve the public peace and order by the military force of the state.
History.--s. 1, ch. 1745, 1870; RS 69; GS 70; RGS 84; CGL 105.
http://www.flsenate.gov/Statutes/index.cfm?p=2&App_mode=Display_Statute&Search_String=&URL=Ch0014/SEC02.HTM&Title=->2004->Ch0014->Section%2002
FirstFreedom has given you additonal statutes, and you should know, that although I have been searching and copying a lot of the statutes today, I never even noticed those. Hopefully that will tell you how obsessed with the 'guns blazing' approach I am....NOT.
I appologize for addressing you, and will refrain from addressing you in the future. You apparently have issues I don't want to be involved in.
But I will pray that he resolves them and finds peace.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.