Prosecutor Reaffirms Governor's Authority Under State Criminal Laws to Prevent Death of Schiavo

US Newswire ^ | March 26, 2005 | Dan Costanzo

[FairOpinion]

To: National Desk, State Desk

Contact: Dan Costanzo of the Thomas More Law Center, 734-827-2001

ANN ARBOR, Mich., March 24 /U.S. Newswire/ -- Former prosecutor of Jack Kevorkian, Richard Thompson, reaffirmed Thursday morning the authority of Florida Governor Jeb Bush to utilize state criminal laws to prevent the death of Terri Schiavo. Pointing to two legal memos prepared by the Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan, 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.

Copies of the letters sent to Governor Bush can be viewed at http://www.thomasmore.org

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. Furthermore, the letters point out that officials from the Florida Department of Children and Family Services have the authority to enter the premises where Schiavo is currently being held and remove her if they believe that medical care is necessary to avert a likely risk of death or serious injury.

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 Ms. 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, 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. 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.

The Thomas More Law Center defends and promotes the religious freedom of Christians, time-honored family values, and the sanctity of human life through education, litigation, and related activities. It does not charge for its services. The Law Center is supported by contributions from individuals, corporations and foundations, and is recognized by the IRS as a section 501(c)(3) organization. You may reach the Thomas More Law Center at 734- 827-2001 or visit our website at http://www.thomasmore.org/

[Rodentking]

In battle, and this is surely battle, decisive action is called for. Bold action, quickly and firmly taken is better than well thought out, considered action, after the battle is over.

The laws are clear, this is murder.

The Governor and the President are not law abiding, but rather Judge abiding. There is a time and a place for everything. This is not the time to be in awe of a Circuit Court Judge who is a deatheater. Bad news for the Executives, the deatheaters will never like them, even if they do abortions on their respective kitchen tables. Get over it, get on with being a leader.

Warning, do not subject yourself to the court. If you do, they can isolate you and eliminate you at little or no cost to themselves. Fluid Tactics are the only choice.

[McGavin999]

Ah, thank you.

[FairOpinion]

But, as in chess, you need to look several moves ahead.

Suppose Jeb did go in and save Terri, than the FL Courts would convict him of contempt of court, of overstepping his authority and a dozen other charges, would arrest and convict him and of course grab Terri and pull out the feeding tube again. Terri would still be murdered, and we would lose a great Republican governor and potential president.

I am sure Jeb did look at all the possible legal actions he could take, it's just that over the years, the power of the executive branch has been clipped severely and the power of the judiciary branch has become virtually absolute -- both in state and Federal governments.

[Just Lori]

At this point, she is so dehydrated that re-inserting the tube could be difficult, at best. Face it. We now have state imposed murder on innocent people who just happen to be in someone's way. Very soon, Terri will live the life we all hope for. It's the thought of crossing over that frightens many of us in mortal bodies.

Life is precious. It is a gift from our Creator. Embrace it, enjoy it, and use it to give to others. Then when it's our time to cross over, may we have no regrets about how we used the gift we were given.

EVERYONE will have to meet God some day. Meanwhile, many of us can do something about this earthly judiciary.

[dcgst4]

Hi FairOpinion,
I saw the other night on Entertainment Tonight or Inside Edition (my Mom who lives with me watches them) that some producer or director already has plans for a TV movie.

Just heard Felos' news conference on ABC radio. They don't bother to give the Schindlers side.

The sickness grows...

[mjtobias]

...and then he washed his hands.

[Antoninus]

I am sure Jeb did look at all the possible legal actions he could take, it's just that over the years, the power of the executive branch has been clipped severely and the power of the judiciary branch has become virtually absolute -- both in state and Federal governments.

Let me ask you something. If Bill Clinton had been in this circumstance and he decided to grab Terri Schiavo, do you think he would have been impeached? Even with a Republican congress, there's not a chance in the world. Neither would Jeb or G. W. There's no excuse for their inaction and when Terri dies, they will be morally culpable.

[Collier]

What I would like to know is how the Florida courts were able to disregard the whole issue of de novo that Congress passed & the President signed.

At the time that was done, I thought that's it. This will all be resolved. But the Florida courts went sideways on it. Was it bad lawyering?

I think everyone is blaming Jeb because he's the last domino to fall.

[Lancey Howard]

Too late.

Jeb Bush, the mere Governor of Florida (who I understand also has connections in Washington), knows that the murderous probate judge is his master and he dare not question the judge's orders that Terri be killed in barbaric fashion by dehydration and starvation.

By the way, I read that Terri's tongue has begun to swell and bleed, and that her eyes are also bleeding. Sounds euphoric. Too bad nobody could save her.

[mjtobias]

"guess Jeb is just a man."

More like 1/2 a man.

[Lancey Howard]

[ARCADIA]

Suppose Jeb did go in and save Terri, than the FL Courts would convict him of contempt of court, of overstepping his authority and a dozen other charges

Do you believe that the average American, once appraised of the real situation, would support what the courts are doing to Terry?

If you do, then perhaps we are a nation of pond scum destine for self destruction. But, if not, then you need not worry about anything that these courts do, or say, or declare, or legislate, or proclaim on this issue. They have no legitimacy, and no power, beyond what we the people are willing to yield to them. Greer and his ilk can screech like france at a UN security council meeting; and, the only difference would be that we can bring Greer and his kind to justice.

[Noachian]

...than the FL Courts would convict him of contempt of court, of overstepping his authority and a dozen other charges, would arrest and convict him ...

You're drawing a scenario of a system with a Judiciary having ultimate powers to arrest and convict the Executive, which is a coequal branch of government.

Maybe in the future they may have that much power, but not today.

Separation of powers makes what you suggest impossible, because the Judiciary has no means to carry out its findings. On the other hand both the Legislature, and the Executive Branches have the ability to arrest judges.

So, what would happen if Jeb went in and grabbed Terri? I mean besides the Liberals whining? Nothing. There'd be a few weeks of MSM head banging, ACLU teeth gnashing, and CNN telling us that "the end of the Republic is near", but then life would go on and Terri would be alive.

[ARCADIA]

At this point, she is so dehydrated that re-inserting the tube could be difficult, at best. Face it.

So what if she is. She deserves a chance, and whatever we do will save the next person who will be victimized by these gouls.

[Collier]

All they had to do was clamp the tube, instead of removing it.

I think they knew the end game all along.

Very cruel.

[carl in alaska]

I'm afraid that Jeb may have set himself up for this Terri Schaivo problem by signing a change to the Florida law in 1999. If you do a search on "Biography of George Greer" you'll find a thread from last night that discusses Greer and the change made to the law in 1999. If this article is accurate, you have to wonder why Jeb didn't veto this legislation in '99.

[Iam1ru1-2]

[XJarhead]

If this option is legally valid, then its legally valid even if Terri Shiavo herself had executed a living will authorizing herself to be denied intubation. Reading the statute, it makes no provision at all for considering the wishes of the person.

I'm not saying she did execute such a will, or that this is in accordance with her wishes. I'm simply pointing out that an interpretation of the statute that would permit intervention when a person is denied food and water necessarily would apply even if the patient consented.

Is that what people really want?

[FairOpinion]

"Do you believe that the average American, once appraised of the real situation, would support what the courts are doing to Terry? "

That is exactly the problem. People weren't told the TRUTH, they only heard the MSM distortion. Even on FoxNews I heard several commentators misstate her condition, and allowing other to mis-state her condition: "braindead", "life support", "breathing tube", etc.