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President Bush: "We look at all options from an EXECUTIVE BRANCH PERSPECTIVE"
Fox News, on air interview live NOW! | 23 Mar 05 | Pres. Bush

Posted on 03/23/2005 9:37:12 AM PST by xzins

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To: bigeasy_70118
Chew on this a little, bigeasy, and see if you can write the words, "I was wrong"--

U.S. Code as of: 01/06/03
Section 1505. Obstruction of proceedings before departments, agencies, and committees

Whoever, with intent to avoid, evade, prevent, or obstruct compliance, in whole or in part, with any civil investigative demand duly and properly made under the Antitrust Civil Process Act, willfully withholds, misrepresents, removes from any place, conceals, covers up, destroys, mutilates, alters, or by other means falsifies any documentary material, answers to written interrogatories, or oral testimony, which is the subject of such demand; or attempts to do so or solicits another to do so; or

Whoever corruptly, or by threats or force, or by any threatening letter or communication influences, obstructs, or impedes or endeavors to influence, obstruct, or impede the due and proper administration of the law under which any pending proceeding is being had before any department or agency of the United States, or the due and proper exercise of the power of inquiry under which any inquiry or investigation is being had by either House, or any committee of either House or any joint committee of the Congress -

Shall be fined under this title or imprisoned not more than five years, or both.

In other words, it's a crime to obstruct a congressional inquiry by harming a witness, punishable by 5 years in jail. The president, as chief law enforcement officer of the land, has the power to enforce this LAW by preventing it from being broken. In addition, if the Congress wants to find a witness in contempt by referring it to the US Atty, of course, they always can, but in the Schiavo case, this is a more expeditious way to perform the executive function.

161 posted on 03/23/2005 1:29:37 PM PST by Defiant (Make unconstitutional rulings unconstitutional.)
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To: UnbelievingScumOnTheOtherSide
"Having one Bush governor and one President is a strong pair"

"Any poker players out there?"



Yes, I play poker.

And I know that 2 Bushes trump 1 Greer.

ALWAYS.
162 posted on 03/23/2005 1:30:05 PM PST by Deo volente (God willing, Terri Schiavo will live.)
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To: Defiant
That was 18 USC 1505, by the way. Here's a link:

Statute

163 posted on 03/23/2005 1:32:06 PM PST by Defiant (Make unconstitutional rulings unconstitutional.)
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To: sissyjane; xzins; Ohioan from Florida; amdgmary; nicmarlo
>>By the time the judicial process is done it will be too late..can't he do something now?

EITHER mister Bush could STABILIZE her with an I-V for the few days it takes this matter of the feeding tube, and the motions to allow FEEDING BY MOUTH to run the gammet thru the supreme court.

164 posted on 03/23/2005 1:33:41 PM PST by Future Useless Eater (FreedomLoving_Engineer)
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To: Deo volente

Both Bushes have raised in the last hour and hinted they will call SCOTUS. SCOTUS now has to decide whether they will cut their losses and reverse and stay or call the Bush's bluff and throw Marbury v. Madison into the pot.

The last player to call a Bush bluff was Saddam Hussein.


165 posted on 03/23/2005 1:44:53 PM PST by UnbelievingScumOnTheOtherSide (Give Them Liberty Or Give Them Death! - Islam Delenda Est! - Rumble thee forth...)
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To: UnbelievingScumOnTheOtherSide
President Bush is a damn good poker player.

Cool as ice. And tough as nails.

Anthony Kennedy is in for a rude awakening if he tries to call his bluff.
166 posted on 03/23/2005 1:48:19 PM PST by Deo volente (God willing, Terri Schiavo will live.)
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To: Defiant
Where did you go to law school?

Whoever corruptly, or by threats or force, or by any threatening letter or communication

Where has Greer done this? He simply issued an Order stating the Subpoenas changed nothing and did not affect his ruling. So, he hasn't communicated his obstruction in any manner.

the due and proper exercise of the power of inquiry under which any inquiry or investigation is being had by either House, or any committee of either House or any joint committee of the Congress -

Did you fail to read the "due and proper exercise of the power of inquiry". First, the law that I cite for a contempt of congress finding is not inconsistent with that language. Second, Greer in his Order states that the subpoenas were not a due and proper exercise of the House's power of inquiry.

A crime, in this case, has not occurred until Congress passes the contempt resolution. Until they do so, I stand by my statement that the President cannot enforce the subpoenas.

167 posted on 03/23/2005 1:53:58 PM PST by bigeasy_70118
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To: bigeasy_70118
I went to a top 10 law school. How about you?

Clearly, you are not an attorney, and one of those laypeople who knows just enough to be dangerous. Had you any legal expertise, you would know that "threat" includes any attempt to influence conduct in derogation of the subpoena, without actually taking the action, while "force" would include any over act that prevents the witness from testifying, such as removing the feeding tube and killing them.

Greer is not the only one subject to the law. Basically, the marshall can go and take custody of the witness, and anyone who interferes then can be arrested. Like the kids who were arrested today for trying to take water to Terri.

Not a due and proper exercise of congressional inquiry, is that what you are arguing now? Please, give it a rest. I specified, in logical progression, the source for congress' right to subpoena Terri and the other witnesses. If you don't think Congress has the right to conduct review of state health care procedures as part of its legislative responsibilities, or review the due process rights of a citizen under the 14th Amendment, you are way out to lunch.

There was a state judge supporting George Wallace on the schoolhouse steps, too. Federal authority reigned supreme then, because the 14th Amendment trumped the state, and federal authority trumps some pissant state judge when Congress has issued a valid subpoena to a witness in a lawful congressional inquiry. Keep fighting it, you will still be wrong. Now, wrong and stubborn.

168 posted on 03/23/2005 2:11:10 PM PST by Defiant (Make unconstitutional rulings unconstitutional.)
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To: xzins
It would be very difficult for Bush to step in and use an Executive Order to save Terri without establishing a very dangerous precedent.

What happens when President Hillary (or somesuch) decides to use an Executive Order to indefinately postpone lawful executions?

169 posted on 03/23/2005 2:15:00 PM PST by Zeroisanumber
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To: Defiant
I am not going to compare resumes with you because there's no way to verify it on a web message board but I went to a nationally renown law school and I am a private practice attorney.
170 posted on 03/23/2005 2:22:41 PM PST by bigeasy_70118
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To: bigeasy_70118
If you are a lawyer you should understand that you are wrong and why. I mentioned my background because you asked. You may not have been aware of the federal statute that makes it a felony to interfere with a congressional witness. Fine. I wasn't either, until a few days ago, back when the House sent the subpoenas out. You were so wedded to the notion that the only legal rules that apply to congressional subpoenas are contained in Title 2 that you would not back down, even after I spent the time to find the statute and posted the text of 18 USC 1505 for you.

As I said before, you undoubtedly mean well, and if you care about Terri's fate, you will not continue to spread the notion that the President can't act to enforce the subpoena unless there is a Congressional referral. He can.

171 posted on 03/23/2005 4:38:54 PM PST by Defiant (Make unconstitutional rulings unconstitutional.)
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