Posted on 03/25/2005 7:05:47 PM PST by wagglebee
Although Florida governor Jeb Bush has for all intents and purposes tossed in the towel in any eleventh-hour rescue of Terri Shiavo, at least one former legal advisor is admonishing the chief executive for not using the state's criminal laws as authority to intervene – without the need for family or judicial approval – and reinsert the hospice patient's feeding tube.
Richard Thompson, the president and chief counsel of the Thomas Moore Law Center, says doing so would preserve the life of a material witness in a potential criminal case.
The launching of a formal criminal investigation into possible abuse of the helpless patient would allow the Florida Department of Law Enforcement to remove Schiavo from the custody of her current guardian – husband Michael Schiavo, who has been for years dedicated to terminating the artificial feeding of his brain-damaged wife.
Today, Thompson once more affirmed that Florida Governor Jeb Bush has the legal authority to utilize state criminal laws to prevent the death of Terri Schiavo.
Legal Memos
Pointing to two legal memos prepared by the Thomas More Law Center which were delivered to Governor Bush in October of 2003, Thompson again urged Bush to launch a formal criminal investigation into the facts surrounding the disability of Schiavo.
The two letters dated October 15th and 16th point to the constitutional authority of Governor Bush to order the Florida Department of Law Enforcement to investigate violations of criminal laws.
The letters cite a number of facts suggesting Terri Schiavo is a victim of domestic abuse and neglect, and may be a victim of domestic violence.
The October 15 letter concludes that a growing number of facts establish probable cause to "conduct a full criminal investigation of the circumstances surrounding the disability of Schiavo. To date, the facts of this case have not yet been viewed through the lens of a criminal investigation. Shamefully, the government's investigatory resources have not been brought to bear on discovering the truth in this case."
Speaking Thursday in Ann Arbor, Michigan, Thompson once again urged Governor Bush to launch a formal criminal investigation and remove Terri Schiavo from the custody of her current guardian.
He further indicated that the consent of Schiavo's guardian is not necessary to obtain custody of Terri. Thompson also offered the assistance of attorneys from the Thomas More Law Center to assist the Governors staff if needed.
The two legal opinions were prepared and delivered to Governor Bush in October of 2003, after Schiavo's feeding tube was removed.
Thompson noted that Bush through his aides requested the legal counsel at the time, but instead chose to work with the Florida legislature to pass emergency legislation to prevent the death of Schiavo.
Ironically, it was authorities from the Florida Department of Law Enforcement that rode to the rescue of the starving Shiavo on Oct. 21, 2003 - in the wake of the passage of the so-called "Terri's Law." At that time, she was six days into her enforced and life-threatening fast.
The extraordinary one-page bill was passed by the Florida legislature and signed into law by Bush in less than 24 hours, but later challenged by Schiavo's husband and held to be unconstitutional.
Judge Greer Again
Florida's Pinellas Circuit Court Judge George Greer has ruled that under general welfare regulations the state cannot take Schiavo into custody, nor provide her food or water. However, the firm judicial ruling was specifically addressed to an effort by the state's Department of Children and Families to civilly rescue the brain-injured woman by physically removing her.
At the time of Greer's ruling there was no ongoing criminal investigation – as, indeed, there is none today.
Does he play the fiddle!!!!
Amen to that!
B'shem Y'shua
chuck
Ain't gonna happen. Judge Greer has the cremation and destruction of records on standby.
I believe he can seize the records AND the victim and possibly even advise Greer that he is a material witness in a criminal investigation.
The US Congress tried that, and Murderer-Judge Greer micturated on the subpoena.
Jeb and George Bush have done all they can do legally. Terri's suffering wrenches my gut as much as it does yours but we must follow the rule of law and abide by these worthless judges decisions no matter how unjust their decisions are.
COME ON JEB....these judges have to be stopped from their arrogant NONSENSE
Thank you.
Hancock, Washington and the others were right. But then the yound never learn about them anymore.
Where in the law would that be so?
He said he was looking for anything in the law that would give him the authority.
Over here...
Did you proof-read your post? Did you forget /sarc at the end?
You are obviously salivating at the prospect of the death of an innocent woman.
If Jeb Bush could find a way to make Judge Greer a party to a criminal investigation, he could be completely removed from the case and detained if necessary.
you are correct.......it would seem that some FReepers feel they know the law better than the Pres. and Gov combinded with all their butt kissing attorneys.......even if Jeb used that little law to take control of Terri at the Hospice, which the court said he could not, it does not permit him to "remove" her from there or it is assault and battery.......not my opinion.........that of the legal scholars pontificating on that specific law........as much as some would hate to admit it.......I sadly think the "jig is up"...........
Give me one good reason why we "must follow the rule of law and abide by these worthless judges decisions no matter how unjust their decisions are."-as you say, Ever heard about the duty to disobey an illegal order?
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