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.
"If nothing else, Governor Bush should start assembling a State Grand Jury for an exhaustive indepth investigation."
And I'm sure he will...but only after judge Greer issues his decision tomorrow, and the Schilders appeal this decison to a higher court. By then it may be too late. Terri as we speak, may have only hours to live.
Disgusting.
I have heard so many people say that Jeb Bush DOES have the authority to take Terri out of the hospice and put her in hospital and reattach feeding tubes---
then, I hear an equal number of people saying just the opposite, BUT I think the one thing the we all KNOW is true is, JUDGE GREER AIN'T GONNA CHANGE HIS MIND OR HIS ORDERS TO HAVE HER STARVED TO DEATH!!!
Now, if Jeb Bush DID take Terri against the "orders" of Judge Greer, would he be seen as a "hero" or a "right wing politician idiot, trying to score points"?
Should it matter--?
well I would think so.....I have heard that yes, he can actually send in troops and take possesian of her....but that she can't be removed from the hospice without the consent of the guardian......but you ask if it matters....let me ask you this......would you feel the same way if a Democrat circumvented the law or for instance in the Elian Gonsalez case.......we were all up in arms....and to answer your question, Jeb would be seem as both hero AND political idiot......regardless of all the fine folks at FR, the nation as a whole polls on the side of Michael Schiavo, cause they fear gov't intervention in their family matters
This is JEB way out of this situation.
WHY IS HE NOT MOVING ON THIS FRONT ???
LIKE 2-3 YEARS AGO?
Micturated and defecated.
to resist tyranny.
YES!!
to resist tyranny.
YES!!
I haven't sucked up to anybody. I'm a right-wing patriot but I'm just not going to cross the line and become a right-wing kook.
Welcome to FR
Think 'bladder'.
Oh, come on. If the Clinton administration had used force to save little Elian's life, who would have objected? They used force to send the terrified child back to a Communist dictatorship because his father resides there.
On this bleak day, finally I can muster a laugh.
I LIKE THAT, but you forgot the KINGPIN of this DEMON NAZI OPERATIONS.... That FAT PIG FLORIDA STATE SENATOR JIM(SS) KING from Jacksonville...
Remember it was he, who wrote this law, he belongs to Hospice, and he's was from that area (St.Pete & Clearwater),
and IT WAS HE that BLock the Florida Senate (21-18) from SAVING TERRI LIFE...Let's not forget this...
Because you will end up in the slammer if you do not.
exactly........maybe I wasn't clear.......and we were up in arms over Clinton sending in the feds in that matter, so if we are principled......and we should be, wouldn't we be up in arms if the feds sent in marshall's to circumvent the state like some here would have him do....so we are for law and order and state's right......well of course unless we don't like something.....we can't have it both ways......then it really smacks of politics...
Greer and MS look whacked out. Maybe MS is Greer's drug connection.
First thing Jeb needs to do is arrest that GD Judge for interferring with a criminal investigation. Then arrest the County Sheriff for the same thing. That will then pull the teeth on the guard dogs outside of the hospice and allow State Investigators to move in and remove her from that death cell.
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