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.
And what, pray tell, is "micturated"?
Terri was to appear in front of Congress the 28th, so if anything Congress could have ordered the witness into custody and the tube reinserted days ago.
They called her as a witness, but did no follow up to their order.
Or it could be views as the Florida judiciary had ignored Congress.
Some heads in Florida have a potential to have heads rolling if Congress pursues the lack of enforcement by the powers in Florida.
I know the feeling - stay the legal course. On the other hand we'd be kissing the Queens a$$ if our ancestors (except the illegals) had felt that way.
In an ideal world, Jeb should have been in line behind the US Congress.
"...The lapse of time between the various offenses and the indictment of defendant on July 27, 1967, is considerable but is adequately explained by the record. The murder weapon in each case was unique, insulin. The deaths of each of these victims were initially attributed to causes other than a criminal agency. Suspicion of insulin and of defendant as the person administering the insulin was not aroused until the death of Zella in 1956. It was not until years later, after much painstaking and persistent investigation by law enforcement officers, and the discovery of advances made in {Page 3 Cal.3d 621} medical knowledge and techniques, that sufficient evidence could be accumulated to charge defendant with these deaths. Unfortunately, by then other of defendant's victims had lost their lives. This is the only known reported case of murder by insulin poisoning in the United States. Only one other, reported world-wide, occurred in England in 1956. ..."
Resistance to tyranny is obedience to God. Jeb should take action to stop this unjust death.
Brilliant! What's he waiting for?
that may be......but he can not "storm" the castle down there in Florida and remove her without consent of the guardian....and we all know who that is......
Why is this being made public. Why tell the enemy what you're thinking of doing .. it just makes them dig their heels in farther. For all we know .. this could trigger some action to accelerate Terri's demise.
I believe this might be a good idea - but it's out there in the public now so the element of surprise is gone.
Good grief.
They're all stalling and running the clock down Terri is dead. You see, this innocent women is an inconvenience to them.
But, we the people will never forget. We have long memories, and come next election we'll make our voices heard.
In an idea world, the US Congress would have the testicular fortitude to have federal agents use force, if necessary, to ensure that their subpeonas were obeyed.
Posted: March 23, 2005
12:50 p.m. Eastern
© 2005 WorldNetDaily.com Religious and political groups are banding together to urge President Bush and his brother Florida Gov. Jeb Bush to use their executive powers to order police to take Terri Schiavo into protective custody.
Calling itself "The 11th Hour Coalition to Save Terri Schiavo's Life," the 20 organizations held simultaneous press conferences in Washington, D.C., and Tallahassee, Fla., arguing the president and governor have the power to order reinsertion of the brain-injured woman's feeding tube, which was removed Friday by court order.
Bush brothers urged to intervene Call for police to take Terri into protective custody
~~~~~~~~~~~~~~~
Jeb Bush can save Terri and win the presidency
Posted: March 23, 2005
11:15 a.m. Eastern
© 2005 WorldNetDaily.com
Terri Schindler-Schiavo is a brain-damaged woman being denied her right to life. She does not deserve a painful execution we wouldn't even subject our dogs or criminals to . If Florida's Gov. Jeb Bush will exercise the authority available to him now - and required of him - to save Terri, he will ensure a victorious run for the White House in 2008.
Section 2 of the constitution of the state of Florida states :
All natural persons, female and male alike, are equal before the law and have inalienable rights, among which are the right to enjoy and defend life and liberty ... No person shall be deprived of any right because of ... physical disability.
Jeb Bush has all the authority he needs right now to remove Terri from those who would kill her and save her life. Indeed, his oath of office requires it :
I, do solemnly swear (or affirm) that I will support, protect and defend the Constitution and government of the United States and of the state of Florida ...
I think she is a witness to be brought before congress to testify 3/28. I think that Congress could do what they wish to make her be there in one piece and healthy.
IMO, either Congress comes back and goes postal on being ignored, or if the people are silent, the Congress will let this go away in the night.
Indeed he did and the failure of the Congress to enforce its own subpoena must rest primarily with the gutless gerbil Frist who is in a race with Hatch to see which man can cut and run for the tall grass the most times in a session.
what you just said is the same stuff that drives Al Qauda and I"m not equating you with them at all, it is just that we are also a nation of laws.....and branches of gov't that should not circumvent the other....just like we are mad as hell when an activist judge gets it in his mind that he is now a legislator and can make new laws...
so are you advocating chaos now?......since one man's tyranny is another man's freedom.......ask bin Laden.....we are a nation of laws....you can't run rough shod over them or society will be in worse shape then some here think it is already.....stormin' the castle at this point does not seem like a good option.....or legal one
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