Posted on 04/04/2005 8:06:29 AM PDT by tessalu
Vice President Cheney says he opposes revenge against judges for their refusal to prolong the life of the late Terri Schiavo, although he did not criticize House Majority Leader Tom DeLay (R-Tex.) for declaring that they will "answer for their behavior."
Cheney was asked about the issue on Friday by the editorial board of the New York Post. He said twice that he had not seen DeLay's remarks, but the vice president said he would "have problems" with the idea of retribution against the courts. "I don't think that's appropriate," he said. "I may disagree with decisions made by judges in any one particular case. But I don't think there would be much support for the proposition that because a judge hands down a decision we don't like, that somehow we ought to go out -- there's a reason why judges get lifetime appointments."
(Excerpt) Read more at washingtonpost.com ...
thehttp://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=43463
This is worth printing out and filing - disseminating, etc.
WE allow this to become "old news" at our peril
Actually, sentiment has several connotations, only 1 of which is the "emotional" sentiment that you are tying to being "cold monster". Sentiment, at its core, is temporary. Principle is enduring and principle should always be a permanent and controlling. Sentiment is not virtuous, whereas being principled is. Everyone feels the sentiment, as evidence by the general passion on both sides of this issue.
But, the judge had (and has had for a long time) clear evidence that this wasn't a normal situation. Not only are there many questions still lingering about how Terri actually was originally injured, but there are documented cases of abuse of Terri.
The judge in this case has acted on his sentiments, not principles of goodness and justice. Letting an innocent woman starve to death at the hearsay of a spouse and a spouses' brother, with contrary hearsay statements from other loved ones and not allowing a review by an impartial party doesn't seem to be principled or just.
When an impartial party --Richard Pearse-- was introduced to evaluate Terri and he found that there was reason to treat Terri, that there was indeed hope for recovery (though, not a full recovery), and that pulling the plug shouldn't be done, he was "fired" by Michael. The judge upheld that.
The judge also sits on the board of this Hospice. That seems to be a conflict of interest, or at least the appearance of a conflict of interest, which as far as a judge is concerned is enough to remove themselves from the case.
Judge Greer has let all kinds of factors (i.e., sentiments) influence his decisions, none of which were principled.
And, that's my opinion (which may only last for so long, that is until a judge somewhere decides that being who I am (or what I am) is no longer a reason for me to live and decides to off me).
You may think that's a slippery-slope, but judges have been and continue to accumulate power over the citizenry. Law enforcement can and will execute a judge's order without question. And, if you can't defend yourself, you're screwed. If the government decides to take your stuff, you will put yourself in the poor house (4 times over), just trying to clear your name. Your life (or what's left of it) will be harmed.
Allowing judges to have that much power seems to be a problem to me. And, the common thread that runs through all of these judicial excesses? Sentiments; not principles.
Judge George W. Greer has caused public confidence in the judiciary to deteriorate due to his rulings regarding Terri Schiavo and thus violated Judicial Canon 1.
Judge George W. Greer has made rulings, which advance the private interests of Michael Schiavo, George Felos, and Senate President Jim King by allowing the statutes, which apply, to persons with terminal illness to order the death of Terri Schiavo by dehydration and starvation at the request of Michael Schiavo and thus is in violation of Judicial Canon 2B.
Judge George W. Greer has not ruled according to law in the case of whether to remove Terri Schiavo’s tube by which she receives nutrition and hydration. The rulings, which are inconsistent with Florida Statutes and Constitution, are:
1. Judge Greer has allowed Michael Schiavo to remain as Terri’s guardian even though he should be removed as Terri’s guardian pursuant to Florida Statute 744.474(2 ) for failure to discharge his duties as guardian. The statute requires that the guardian protect the rights of the ward, provide for her health and safety, properly manage her financial resources and help her regain her abilities to the maximum extent possible.
2. Judge Greer has allowed Michael Schiavo to remain as Terri’s guardian even though he should be removed as Terri’s guardian pursuant to Florida Statute 744.474(3) for abuse of his powers as evidenced by his denying her any significant sensory stimulation and his efforts to have her life ended.
3. Judge Greer has allowed Michael Schiavo to remain as Terri’s guardian even though he should be removed as Terri’s guardian pursuant to Florida Statute 744.474(7) for wasting, embezzlement, or other mismanagement of the ward's property, one example is Michael’s statement on national television that he had Terri’s wedding rings melted down and made into jewelry for himself.
4. Judge Greer has allowed Michael Schiavo to remain as Terri’s guardian even though he should be removed as Terri’s guardian pursuant to Florida Statute 744.474(11) because of a conflict of interest between the ward and the guardian due to Michael Schiavo living with and fathering children with another woman.
5. Judge Greer has allowed Michael Schiavo to remain as Terri’s guardian even though he should be removed as Terri’s guardian pursuant to Florida Statute 744.474(13) for failure to comply with the guardianship report.
6. Judge Greer has allowed Michael Schiavo to remain as Terri’s guardian even though he should be removed as Terri’s guardian pursuant to Florida Statute 744.474(14) for failure to file annual guardianship reports in a timely manner.
7. Judge Greer has allowed Michael Schiavo to remain as Terri’s guardian even though he should be removed as Terri’s guardian pursuant to Florida Statute 744.474(16) for improperly managing the ward’s assets by using Terri’s money which was awarded by a court to be used for her rehabilitation but at the authorization of Judge Greer is being used to pay legal fees in an effort to end Terri’s life.
8. Judge Greer has allowed Michael Schiavo to remain as Terri’s guardian even though he should be removed as Terri’s guardian pursuant to Florida Statute 744.474(17) because there has been a significant change in Terri’s assets due to the actions of her guardian. Terri’s assets have likely increased since her accident and Michael Schiavo is denying Terri the benefit of any assets accrued after the malpractice award which would be equally hers as Michael’s legal spouse.
9. Judge Greer has allowed Michael Schiavo to remain as Terri’s guardian even though he should be removed as Terri’s guardian pursuant to Florida Statute 744.474(18) because Michael’s adulterous relationship (which is a misdemeanor under Florida law) with another woman ought to disqualify Michael as a suitable guardian for Terri as the interest which Michael said (in malpractice trial court proceedings) he had toward Terri is directed to another woman who is not his wife and has two children by said other woman of whom he is the father.
10. Judge Greer has allowed Michael Schiavo to remain as Terri’s guardian and has aided Michael in abusing, neglecting, and exploiting Terri, a vulnerable adult, by appropriating funds that were awarded for her rehabilitation to pay legal fees, and has aided in exploiting Terri by denying the money to be used for her benefit. Both these infractions were committed with the
knowledge that Terri lacked the capacity to consent and explained in detail in Florida Statute 415.102.
11. Judge Greer’s rulings to date have deprived Terri Schiavo of her constitutional right to enjoy and defend life and liberty, to pursue happiness, to be rewarded for industry, and to acquire, possess and protect property which are detailed in Section 2 of the Florida Constitution by ordering her life to be ended by denying her hydration and nutrition.
12. Judge Greer has deprived Terri of her constitutional religious rights by allowing Michael Schiavo to prevent Monsignor Malonowski from visiting Terri, by allowing Michael to prevent Monsignor Malinowski from administering last rites when her feeding tube was removed in October 2003, and by allowing Michael to prevent Terri’s blood relatives from placing pictures of religious figures in her room.
13. Judge Greer has allowed Terri’s constitutional right to privacy to be violated by Michael Schiavo by not restricting his comments during interviews on national television.
14. Judge Greer has denied Terri the right under 744.3215C(a) To have an annual review of the guardianship report and plan.
15. Judge Greer has denied Terri the right under 744.3215(b) (b) to have continuing review of the need for restriction of her rights.
16. Judge Greer has denied Terri the right to be restored to capacity, FL statute 744.3215C.
17. Judge Greer has denied Terri the right under 744.3215(d) (d) to be treated humanely, with dignity and respect, and to be protected against abuse, neglect, and exploitation.
18. Judge Greer has denied Terri the right under 744.3215(e) to have a qualified guardian.
19. Judge Greer has denied Terri the right under 744.3215(f) to remain as independent as possible, including having her preference as to place and standard of living honored, either as she expressed or demonstrated her preference prior to the determination of his or her incapacity or as she currently expresses her preference, insofar as such request is reasonable.
20. Judge Greer has denied Terri the right under 744.3215 (g) to be properly educated. She is not receiving any rehabilitative therapy.
21. Judge Greer has denied Terri the right under 744.3215 (h) to receive prudent financial management for her property and to be informed how her property is being managed. Michael Schiavo stated on national television that he melted Terri’s wedding rings down and had them made into jewelry for himself.
22. Judge Greer has denied Terri the right under 744.3215 (i) to receive necessary services and rehabilitation. Judge Greer has allowed Michael to deprive Terri of the same. She did not have a working wheelchair for an extended and unnecessarily long period of time.
23. Judge Greer has denied Terri the right under 744.3215 (k) to have access to the courts. Judge Greer has relied upon the testimony of others related to Michael Schiavo as to Terri’s condition yet ignored the testimony of her blood relatives which was contradictory to information provided by Michael and his family.
24. Judge Greer has denied Terri the right under 744.3215(l) to counsel.
25. Judge Greer has denied Terri the right under 744.3215(m) to receive visitors and communicate with others.
26. Judge Greer has allowed violation of 744.3215(a) by allowing Terri to be moved to different facilities without prior approval of the court.
27. Judge Greer has allowed violation of 744.3215(b) not requiring Michael to have follow up examinations of electrodes, which were implanted in Terri’s brain. These implants should have been removed years ago, as they are a source for both infection and hydrocephalus. Hydrocephalus may cause pressure that could suppress cognitive function and be responsible for much of Terri’s condition. If so, there could be a vast improvement in her condition if a shunt were placed. Hydrocephalus could also cause pressure that would flatten the brain and show fluid filled areas on a brain scan.
28. Judge Greer has allowed Michael to violate a court order stating that he is to keep Terri’s family advised of her medical condition.
29. Judge Greer has ignored Terri’s right under 765.102(5)(a) to palliative care which addresses physical, psychological, social, spiritual, and existential needs of patients.
30. Judge Greer has not required Michael Schiavo to implement a plan which would provide for Terri’s needs under 765.102(5)(a).
31. Judge Greer has allowed Michael Schiavo to neglect Guardianship Education, which is a requirement under Florida law.
32. Judge Greer relied on Dr. Ronald Cranford’s definition of PVS (Persistent Vegetative State) instead of the legal definition contained in the Florida Statutes. There were several doctors who gave reports that Terri is not PVS but Greer decided not to use the Florida Statute’s definition.
33. Judge Greer has failed to be impartial and has ignored testimony and evidence presented by Counsel for Terri’s natural family and has consistently ruled in agreement with Counsel for Michael Schiavo.
34. Judge Greer has allowed Michael to continue denying visitation to Terri’s family even though a police investigation found that they were not responsible for marks found on her arm.
35. Judge Greer in his February 11, 2000 Order, committed malpractice by
misdiagnosing Terri as being an unconscious and unaware person and then ordered the Guardian of the Ward to commit a 1st Degree Felony Crime by removing Terri's feeding tube and denying her constitutional and legal right to be protected and not feloniously victimized by being caused to die.
35. Judge Greer authorized the euthanization of Terri Schiavo by authorizing the removal of her feeding tube when she does not fit the definition of PVS under Florida statutes. Euthanasia is illegal in Florida.
36. Judge Greer has violated the Americans With Disabilities Act (ADA), 42 U.S.C. Sections 12101 provides that necessary and appropriate rehabilitation services and physical/motor skill therapy may not be denied a substantially disabled patient in the United States of America.
37. Judge Greer has violated the ADA Cf 28 CFR, Ch 1, Subpart B, Sect 35.130 States "Nothing in the Act or this part authorizes the representative or guardian of an individual with a disability to decline food, water, medical treatment, or medical services for that individual."
38. Judge Greer has violated FS 38.10 four times by not disqualifying himself from the case when it was requested. The statute states whenever a party to any action or proceeding makes and files an affidavit stating fear that he or she will not receive a fair trial in the court where the suit is pending on account of the prejudice of the judge of that court against the applicant or in favor of the adverse party, the judge shall proceed no further, but another judge shall be designated in the manner prescribed by the laws of this state for the substitution of judges for the trial of causes in which the presiding judge is disqualified.
The rulings and actions listed above are in violation of Judicial Canon 3B(2)
Judge Greer has violated Judicial Canon 3B(4) as seen in a video clip of a court proceeding where Judge Greer was visibly impatient and angry during court proceedings. The video can be viewed at this url. http://real.scripps.com:8480/ramgen/tampalive/news/2003/11/1105schiavo.rm
Judge Greer should be investigating whether any life insurance policies have been purchased or other investments made with funds intended for Terri, which would cause Michael Schiavo to profit from her death.
Judge Greer serves on the Committee for Guardianship Monitoring but is, in fact, violating the intentions and guidelines established by the Committee. Information concerning the Committee for Guardianship Monitoring may be found at this url http://www.flcourts.org/osca/divisions/Guardian/guardianshipmonitoring.pdf
1. Judge Greer has neglected the mission of guardianship monitoring in Terri’s case.The mission of guardianship monitoring is to collect, provide, and evaluate information about the well-being and property of all persons adjudicated of having a legal incapacity so that the court can fulfill its legal obligation to protect and preserve the interests of the ward, and thereby promote confidence in the judicial process.
2. Page 5 of the document contains “Thus, the court must be proactive to discover and respond to disputes and issues.” Judge Greer has intentionally ignored disputed issues in Terri’s case and not made any ruling to correct them.
3. On page 6 of the document is this statement “An ideal guardianship monitoring program encompasses four major service areas: (1) initial and on-going screening and reviewing of guardians; (2) reporting on the well-being of the ward; (3) reporting on the protection of the ward’s assets; and (4) case administration.” Judge Greer’s flagrant oversight of Michael Shiavo’s violations of the statutes pertaining to guardians is certainly no example for any monitoring program.
4. It is unclear whether Judge Greer has required Michael Schiavo to meet all the requirements of a guardian (listed on page 6 of the document). “A family member guardian is required to hire an attorney, provide detailed personal information, undergo a credit check, post a fiduciary’s bond, attend an 8-hour training course, and file detailed initial and annual personal and financial reports.”
5. Pinellas County employees a full time monitoring staff, which reviews cases to make sure guardianship plans are being filed and followed. It would not have been possible for them to give approval of the plan for Terri since the guardianship plans have not been an important issue with Judge Greer evidenced by his granting Michael extensions to file the plan. Judge Greer is deliberately undermining the guardianship monitoring program which was established to make sure that all wards receive the protection they are entitled to by the law.
6. Judge Greer did not adhere to the monitoring guidelines which state that “in cases where it appears there is substantial likelihood for serious irreparable harm (similar to the injunctive relief standard), immediate action steps by the court should include but not be limited to: Filing an abuse, neglect, or exploitation complaint with the Department of Children and Families, as required by statute, referral to local law enforcement agencies or the state attorney and, conducting immediate hearings among several other possible actions. Terri is at risk of irreparable harm as long as Michael is her guardian. He didn’t want to treat her for an infection, has not had preventive health care examinations for her and stated on national television that he would do whatever it takes to have her feeding tube removed. Michael also stated during the same interview that Terri's teeth were fine but recently she is missing several teeth.
Judge Greer’s rulings ought to be thrown out due to all these violations and the Supreme Court ruling on May 18, 2004 that states may be liable for money damages for denying disabled persons access to the court.
Terri’s feeding tube can only be removed “if” she is PVS and Judge Greer’s ruling is based on a definition not contained in the Florida Statutes. This is an outrageous liberty which Judge Greer has taken and combined with the other violations of statutes there is no question that he should be removed from his duties immediately.
I don't agree, Judges need to be held accountable, whether they are elected or appointed, the President can be held accountable for misdeeds so should a judge, espcially if he is a lifer.
And speaking of life time judges, this too needs to be changed, just as we saw fit to limit the terms a President can hold office.
With that said, I also think the Florida law stinks as well - make better laws.
Cheney is dead wrong on this one. Judges ARE NOT above the other branches of government!!!!
A bit of sanity among the madness I agree with you 100% added to which the VP may have to get involved if the nuclear option is activated to say too much at this juncture could do more harm than good.
You're going exactly the opposite of where I took it. I meant this one judge is only a part of a very large judicial process. I can understand one judge making bad decisions, but not the number of judges who have have seen this case.
Your quoted passage referenced the rejection of ALL accusations of nazism or death cultism.
Who did I accuse?
That's what I've been trying to tell everybody who's been after Whittemore's head. I couldn't find any fault with his decision. However, I do hope Greer gets put out next election. His decisions, while probably legal given that they were upheld in the end, are still not very good.
No kidding. I have a friend who had one against him by a psycho girlfriend. She lied in her petition and the judge still granted it.
In many states, if you have a restraining order against you, you lose the right to buy firearms.
???
You can't order that people are not to be fed naturally.
It's called murder.
All very interesting. Now tell my why 1) none of this had been found on appeal, and 2) why the Schindler attorneys did not put the vast majority of that in their petition to the federal court.
Maybe because it's all speculation and not legally actionable. For example, in 1-9 you should have put "in my opinion" in front of it all.
It's like that in mine. Plus it can cause problems with your security clearance if you have one.
At the very least, Greer needs to be impeached by the Florida legislature. Read Alan Keyes' argument on behalf of Terri on how Greer violated the Florida state Constitution which guarantees Terri had a right to life.
If Delay wants to go after the federal judges who ignored the will of Congress, fine by me. But the much stronger case is the one against Judge Greer.
How the conspiracy grows! First it was just the Florida Judiciary, then it was the Florida Legislature and Executive, then all the Federals, now it's "every politician in the country and every media organization" too! You have solved the mystery and my sources tell me you will soon be beamed up to the mother ship for reprogramming.
No, what it means is that us locals, who've been following the case for 10 years, supported Greer. People here think Michal Schaivo is a lout, but believe the law is on his side. The intervention of Jeb, the FL legislature and the federal government is DEEPLY resented. Also, the talk of FL and Pinellas Co as being some type of Nazi machine has deepened that resentment.
The judges didn't do a de novo review like they were told.
If you think it's opinion why not go find the statutes and the judicial canons for Florida and prove it.
Maybe some time reading articles at www.theempirejournal.com would answer some of your questions.
I thought that freepers for the most part were interested in fact.
Lout. You used an interesting word, there. I have wondered a few times whether the entire circus would have played out differently if Michael was even moderately likable.
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