Posted on 03/26/2005 3:47:20 PM PST by Cherokee Conservative
The Miami Herald reported Saturday that Florida Gov. Jeb Bush sent a team of state agents Thursday to rescue Terri Schiavo - but it was stopped short by local police.
"We were ready to go," Bush spokesman Jacob DiPietre told the Herald.
Doctors say that unless her feeding tube is reinserted, Schiavo, 41, will die a week or two after March 18. That is when a judge ordered it removed, having siding with Schiavo's huband's argument that Terri would have preferred it that way.
On Saturday, the Herald reported that local police in Pinellas Park, the small town where Schiavo lies at Hospice Woodside, were expecting "a showdown" between law enforcement agents.
But the squad from the Florida Department of Law Enforcement and the Department of Children & Families charged with taking custody of Schiavo and reinserting her feeding tube backed down after police told agents of the FDLE that they would enforce state judicial rulings preventing any actions to save Terri Schiavo.
"We told them that unless they had the judge with them when they came, they were not going to get in," a source with the local police told the Herald.
Apparently, the only showdown occured over the telephone.
"The FDLE called to say they were en route to the scene," an unnamed official with the city police told the Herald. "When the sheriff's department and our department told them they could not enforce their order, they backed off."
In ordering the move, Gov. Jeb Bush used state procedures allowing public agencies to freeze a judge's order whenever an agency appeals it. "We didn't want to break the law. There was a process in place and we were following the process," DePietre told the Herald.
On Wednesday, Pinellas-Pasco County Circuit Judge George W. Greer had signed an order forbidding DCF from taking the patient from the hospice, directing "each and every and singular sheriff of the state of Florida" to enforce the order.
But Thursday morning, DCF lawyers appealed Greer's order to judges at the Second District Court of Appeal in Lakeland, legally creating a window of opportunity to seize Schiavo, the Herald reported. The appeal created a stay in the judge's ruling.
It took nearly three hours before the judge found out and took steps to block that legal window, the Herald reported.
In the meantime, "there were two sets of law enforcement officers facing off, waiting for the other to blink," an unnamed official told the paper.
The Florida Department of Children and Families has been besiged by calls alleging Schiavo is the victim of abuse. On Wednesday, the governor and DCF chief Lucy Hadi made it known that they were considering sheltering Schiavo under the state's adult protection law.
According to Herald sources, DCF intended to take Schiavo to Morton Plant Hospital, where her feeding tube had been reinserted in 2003 following a previous judicial order allowing its removal.
Schiavo suffered brain damage in 1990 when her heart stopped briefly from a chemical imbalance believed to have been brought on by an eating disorder. She left no living will.
The Sherriff is a crook too.
"LOL! Did you hear that Greer's Baptist church asked him to leave?"
Well, that's the only good news I've heard out of this issue! Good for them!!
Again I'm not disagreeing. I'm just really curious what people think he should do. What was the right course? If the judge sealed the previous investigations of abuse that makes it hard to prove, so I'm wondering if that's why they didn't push it. I wish like hell they could use force and take power back. Just wondering how they should do that???
Agreed. Whatever happened to holding politicians accountable? Especially if they're not running for office again?
well of course that is not what I mean......only that many of us were posting on that damned thread for hours...I don't mind you reposting it for today's herd
He takes his state troops and militia down to the hospice and takes her out. Does anyone remember how Reno removed Elian?
The Governor has the power to look into abuse, investigate the judge, and he has the so called husband arrested for possibly causing Terri's condition in the first place and adultry.
I guess the local police have blood on their hands too.......only following orders.
Similar to the soldiers following orders from Pilate to scourge and crucify Christ?
May they all repent of the errors.
Not much other than political impeachments of offending jurists. It's not like Gov Bush wants to establish himself as dictator and eliminate the courts altogether. I hope one of the things that comes out of this is a discussion about reigning in the judiciary.
Forgot about the Ganzales ordeal. Of course in that situation there weren't people with guns on the other side. Scary thought...a standoff and shootout between cops and national guard. Not saying that would happen. I immagine someone would have to back down. So I guess the national guard is the only option that was left for the governor? It's scary that our judges are so bad we have to use the national guard against them to save a person's life in a case that is so uncertain.
I feel sorry for Jeb Bush. He stands at a point where he can set a precedent for the future of Florida, where the Constitution of Florida is considered the higher law, above that of the statutes being used by Greer to effect his agenda to expand the power of the courts.
From the Constitution of Florida regarding the Governor:
SECTION 1. Governor.--
(a) The supreme executive power shall be vested in a governor, who shall be commander-in-chief of all military forces of the state not in active service of the United States. The governor shall take care that the laws be faithfully executed, commission all officers of the state and counties, and transact all necessary business with the officers of government. The governor may require information in writing from all executive or administrative state, county or municipal officers upon any subject relating to the duties of their respective offices. The governor shall be the chief administrative officer of the state responsible for the planning and budgeting for the state.
(b) The governor may initiate judicial proceedings in the name of the state against any executive or administrative state, county or municipal officer to enforce compliance with any duty or restrain any unauthorized act.
(c) The governor may request in writing the opinion of the justices of the supreme court as to the interpretation of any portion of this constitution upon any question affecting the governor's executive powers and duties. The justices shall, subject to their rules of procedure, permit interested persons to be heard on the questions presented and shall render their written opinion not earlier than ten days from the filing and docketing of the request, unless in their judgment the delay would cause public injury.
(d) The governor shall have power to call out the militia to preserve the public peace, execute the laws of the state, suppress insurrection, or repel invasion.
(e) The governor shall by message at least once in each regular session inform the legislature concerning the condition of the state, propose such reorganization of the executive department as will promote efficiency and economy, and recommend measures in the public interest.
(f) When not otherwise provided for in this constitution, the governor shall fill by appointment any vacancy in state or county office for the remainder of the term of an appointive office, and for the remainder of the term of an elective office if less than twenty-eight months, otherwise until the first Tuesday after the first Monday following the next general election.
I agree. When all the arguing about it is over, I hope people remember that the judiciary is a big problem. The judicial fights in Congress have got to become a major priority for Republicans.
The judiciary ussurping power has gone on so long it'll be hard to turn it around. There are an aweful lot of people in this country that think it's supposed to be that way. Especially kids coming out of public schools. They think the judiciary SHOULD have the final say in everything and the executive branch must have their approval for anything. Not only do we have to make sure conservative judges get appointed, we have to make people understand that there is supposed to be a balance of power.
This judge is out-of-order. He is not suppose to have sword or purse. This is bigger than one person. One or both of the Bushes are letting the Constitution fail. Life is a right. These judges have given the death sentence to someone who has done no crime.
Did not hear that where did you see that posted.
has anyone missed the fact that Mike S is a nurse at the county jail !
As much as the Bush's failing, the system failed badly. There's something seriously wrong when the only thing left to use in a case like this is force. Never thought I'd see a situation where the legislative branch would have to go up against cops with guns to enforce the law.
It's a bloody armed insurrection by El Presidente Greer!!
If there is another window like this, Jeb should bring the National Guard and Dubya should send the Marines.
Are you referring to judge Greer having to leave his church? It's on the Fox News website.
http://www.foxnews.com/story/0,2933,151602,00.html
I agree. When a magician wants to do his trick without his fans seeing he makes a great show with his other hand to direct attention away from the real action.
Smoke and mirrors. If he wanted to get her safe he could. Funny the Wizard of Oz just isn't as impressive when you pull back the curtain.
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