Posted on 04/09/2005 4:58:13 PM PDT by tutstar
In all my years dealing with constitutional law, I have always said no to judicial impeachment even when from time to time on various issues some conservative activists have argued for it in specific situations. I can generally provide people more arguments against impeachment than for it where judges are concerned. Sometimes I cannot provide arguments for impeachment at all, because all the valid arguments from my point of view mitigated against judicial impeachment in those situations.
The Schiavo matter is dramatically different. Not only am I convinced that judicial impeachment applies here, I am convinced that it applies to every federal judge in the chain from the district court judge who first received the case under the act signed by President Bush, through the appeals judges of the 11th Circuit, to all nine sitting members of the U.S. Supreme Court, with the exception of the one or two judges that bucked the system.
This is the first time in my several decades of dealing with constitutional law that such a situation exists. I never imagined that I would see this situation in my entire lifetime or in my professional career.
The key points are summarized here. They are based on two one-hour radio talkshow interviews I did locally this week which laid out the matter in some detail.
First, Article III uses the words "good behavior" as the term of art dealing with the impeachment of federal judges. The Constitution uses the words "high crimes and misdemeanors" as the standard of impeachment for the executive and legislative branches. "High crimes and misdemeanors" is a higher and more rigid standard than "good behavior" in Article III. In the Schiavo matter, the misconduct on the part of the federal judiciary violates both standards. It violates the "high crimes and misdemeanors" standard because by refusing to protect the substantive right to life of Ms. Schiavo under the 14th Amendment, and treating the matter as strictly procedural, the various judges made themselves accessories to murder. It violates the "good behavior" standard for the sorts of reasons explained by William Blackstone in his Commentaries on the Laws of England.
The federal courts obstinately refused in the Schiavo matter to employ a jurisprudence of constitutionally protected inalienable rights mandated by the Declaration of Independence, the Constitution of the United States, the rights model of original American jurisprudence from the era of the Founders, and as extended to state misconduct by the 14th Amendment.
The federal courts refused to judicially notice that we prosecuted people for war crimes at Nuremberg for the very sorts of actions taken and required by the Florida state courts in clear violation of the original meaning of inalienable rights and due process of law.
Under our federal union, there has never been a power in any state to execute anyone not convicted of a crime and who has not been indicted and/or tried criminally. Under our federal union and under the constitutions and bills of rights of every individual state, the right to life is inalienable. At the state level, that right can only be lost by an individual person through an act of wrongdoing constituting a forfeiture and adjudicated as such through a criminal trial where due process would apply. Executing an innocent person through a civil process is ultra vires by definition and has been ultra vires for over two hundred years of American experience. Having occurred in the Schiavo matter, the question is not one of due process because there can be no such process, period. Where such occurs, as it has here, it is an act of state tyranny by definition, the ground upon which we fired the king of England.
When people say Ms. Schiavo received due process that is not true because the state is not permitted to have such a process, period. For any state to have a process that executes a person or citizen unconvicted of a crime is not a matter of due process because there can be no such process. The 14th Amendment mandates that the right to life be protected by the federal government if a state materially fails in its duty to secure the inalienable right to life. For any federal judge to fail in that 14th Amendment duty is "bad behavior" and criminal negligence. When the federal courts treated the matter pro forma as a procedural one rather than one of substantive rights, the courts materially breached their duty to a person who is also a citizen of the United States under the 14th Amendment with both personhood and citizenship rights. In light of the fact that the federal judges' malfeasance has materially redefined (by inaction) something as fundamental to all persons and American citizens as the right to life, and demonstrated by precedent that the federal courts criminally disregard their duty to uphold the right to life, they have failed to maintain the standard of good conduct required of a federal judge and forfeited the respect and obedience of the American people.
For these and related reasons, every federal judge involved in the execution of Terri Schiavo has violated his/her office as judge and has committed the high crime of being an accessory to murder. Therefore every judge so tainted MUST be impeached by Congress and removed from the bench.
I fail to see how Greer would have any further jurisdiction over the Schiavo medical records, nor do I see how he ever had jurisdiction over the Florida family services records.
My apologies, but my policy is to never read anything labeled 'Must Read'.
:)
BELIEVE IT OR NOT
Clearwater Bar Association 'recognized 'Judge George Greer for his decision to
execute Terri Schindler. They presented the John U. Bird award to the Pinellas-Pasco Circuit judge on May 15, 2004.
This prestigious award, which is the Clearwater bar's highest honor for a judge,
was granted to Judge Greer for the way he has handled himself in the Nazi fashion
(adopted by the Scientologists) of executing by dehydration and starvation while
the victim screams, as in the Terri Schiavo case!
Source 1
I would like to see much more posted on the subject.
I'd say so too when judges have the power to yank the plug on us. It's time for Congress to rein them in.
There was a hearing with DCF and the Judge sealed the files. That's all there is to it.
When Judge Greer is impeached .. the new Judge can open the files and initiate an investigation. DCF tried to investigate it twice (stating they had 89 complaints), but both times they were told by higher ups to shut it down.
"hearsay evidence"
That has been my complaint from the beginning. Hearsay is not allowed in any court I know of. Even if it is the husband's or wife's whispers to their spouse. You cannot begin to allow "hearsay" just because it's the spouse.
And .. what kind of spouse was he .. he didn't fulfill his duties as a "guardian" - which Terri's family tried to get changed to them - and then Michael said they only wanted to be guardians in order to get access to the money .. but it was Michael who had already gotten access to the money and used it for lawyers to kill his wife. Neat!!
No doubt ALL the records are conveniently burned and witnesses whacked.
Read Deuteronomy 28.
.
In the interests of CLARITY,
Did this DCF Hearing take place this week?
.
I sort of expected the headline to be attended by that all time favorite, "kill all the lawyers" line.
The Ninth Circus would be the perfect place for Congress to start.
By the way, just who and what is "Reality Check?" The kooks are breeding, despite the popularity of birth control.
I just don't get it...
In Louisiana Judges are investigated routinely by FBI... Cases like Edwin Edwards and his favors with partnered judge friends. Al Copeland and his divorce that cost a graphed judge his position.. Why is the Attorney General and the FBI so hands off on this....? Mystifies me.
Yes it almost looks like Greer has reached Hitler status.
"Florida's Department of Children and Families had received nearly 90 allegations that Michael Schiavo had abused his wife in recent years - but a Florida judge ruled yesterday that DCF summaries of those allegations must remain secret."
This is beyond criminal regarding the animal 'husband'.
Anyone connected with Terri's murder must be brought up on legal charges. Congress needs to act quickly.
Florida, a great place NOT to visit, never mind live.
Greer first!!
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