Jeb must act NOW, and he can, says Keyes (Also with JOSEPH FARAH)

http://www.renewamerica.us ^ | 3-25-05

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Jeb must act NOW, and he can, says Keyes
Governor has 'supreme executive power'

March 25, 2005
RenewAmerica staff

Thursday, Alan Keyes appeared on MSNBC's Scarborough Country with Joe Scarborough, and on Joseph Farah's national radio show, and declared that Gov. Jeb Bush not only possesses the "supreme executive authority in the state," but must act now to save Terri Schiavo.

When asked if Gov. Bush has done enough to help the disabled woman, Keyes said, "Of course not. He hasn't done anything. She is being starved to death!"

Keyes made it clear on both programs that Gov. Bush needs no permission from the courts to fulfill his statutory and constitutional duty to act in Terri's behalf, since the executive is equal to the judiciary.

To see the Joe Scarborough transcript, click here.

To see the Joseph Farah transcript, click here.

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Five Briefs Say Gov. Bush Has the Legal Authority to Save Terri Schiavo

To: National Desk

Contact: Gary McCullough, 202-546-0054

Media Advisory, March 24 /Christian Wire Service/ Posted on the internet are five legal briefs that explain to Governor Jeb Bush that he has the legal authority to save Terri Schiavo.

In an effort to save Florida citizen, Terri Schindler-Schiavo from a court ordered death by starvation, the Society for Truth and Justice requested and delivered the following legal memorandums to Governor Jeb Bush in October of 2003:

  http://www.societyfortruthandjustice.com/new_page_4.htm

http://www.societyfortruthandjustice.com/new_page_2.htm

http://www.societyfortruthandjustice.com/new_page_3.htm

http://www.societyfortruthandjustice.com/new_page_6.htm

http://www.societyfortruthandjustice.com/new_page_5.htm

Issuers of news releases and not the Christian Communication Network are solely responsible for the accuracy of the content.  Terms and conditions, including restrictions on redistribution, apply.

Copyright © 1999-2005 Christian Communication Network. All Rights Reserved.

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Why Jeb Bush has the power to act now
WorldNetDaily.com ^ | March 24, 2005 | Alan Keyes
http://www.freerepublic.com/focus/news/1369897/posts

Starved for justice (ANN COULTER re: Schiavo)
WorldNetDaily ^ | 3/23/05 | Ann Coulter
http://www.freerepublic.com/focus/f-news/1369192/posts

Five Briefs Say Gov. Bush Has the Legal Authority to Save Terri Schiavo
Christian Communication Network ^
http://www.freerepublic.com/focus/news/1369718/posts

[Dawgreg]

Is this how it's going to come down? Is Jeb Bush going to be the scapegoat? Is he going to be the one who killed Terri? I hope and pray that he will take action, but from what I've heard him say, he has run the legal gamut and I have no reason not to believe him. Nothing I'd like better than to see state police, marshals or whatever, storm the hospice and take custody, but if it doesn't happen, is it really Jeb's fault? Somebody help me here. I'm sitting here, arm-chair quarterbacking so to speak about "well, if it was me, I'd do so and so if I were Jeb Bush". It's easy to do that.

[Ben Chad]

"All that's necessary for the forces of evil to win in the world is for enough good men to do nothing."

[nuconvert]

It's too late. She's deteriorated too much.

[MindBender26]

These two publcity-seeking media whores will do anything for a headline, even eat their own!

[Robert Drobot]

God bless you for your efforts to stop this barbaric madness taking place in a country that once held sacred the ideal of "....life, liberty and the pursuit of happiness....". God have mercy on us.

Terri Schiavo, please forgive us.
Our Lady of La Salette, pray for us.
Our Lady of Fatima, pray for us.
Saint Athanasius, fierce fighter of the Arians, pray for us.
Saint Clare, the great apostle of Perpetual Eucharistic Adoration, pray for us.
Pope Saint Pius X, pray for us.
Saint Padre Pio, pray for us.
Sister Maria Lucia of Jesus and the Immaculate Heart, pray for us
Saint Michael the Archangel, bring ruin to those who
intimidate, oppress, imprison and separate His faithful servants.

[ARCADIA]

These two publcity-seeking media whores will do anything for a headline, even eat their own!

Jeb is no longer "my own", or "your own", and he is on "his own". He is just a coward who is afraid to use the power vested in his office by the Florida constitution.

[Brilliant]

I guarantee you that right now, Bush's cadre of dozens of conservative lawyers are telling him that he's done everything he can. I, being a conservative lawyer myself, agree. The problem is not that Bush has not exhausted his powers. The problem is that the courts have abused their powers.

[engrpat]

These two publcity-seeking media whores will do anything for a headline, even eat their own!

Well said. The bomb throwing has gotten out of hand. So many sound very much like the rabid left they hate. Time for so some to step back, turn off the computer, take a deep breath and kick back for a while.

[nuconvert]

There's a lot of corruption surrounding this case.
Why couldn't investigation of improprieties of judge Greer and Felos and dr's involved (such as the dr's who admitted her to the hospice in 2000 saying that her condition would kill her in 6 months), have caused a delay in Greer's court orders being carried out?

[Carry_Okie]

KEYES: And of course, when the judges are judging a case, if a law seems to them to conflict with the Constitution, they have go with the Constitution. But if a governor is faced with a judicial decision, and he conscientiously concludes that that judicial decision conflicts with the Constitution and his constitutional duties, he can't obey it!

I can just see this kind of executive latitude in the hands of Hillary. There is good reason for the governor's reticence. Habitually, such a custom would be a real problem.

In the case of Terri Schiavo, there would be no harm done in taking her into custody and forcing the de novo review, which may be sufficient distinction.

[Gumdrop]

Thank you for defending Jeb Bush. It is ridiculous for people who support Terri to become as cannibals devouring their allies instead of chastising the paganous belief system that has taken over our courts.

[Dawgreg]

I agree Ben. Makes me think (and I don't WANT to think this), is it indeed politics? I firmly believe Tom DeLay and the Congress did a brave thing as well as Jeb, but do they let a little twerp like George Greer and the court system run em' off like that? Does ANYONE in this government have the guts to stand up and do what's right and not falter? Is there anyone in this government that will stand up and say Terri WILL live and if it means my political career, my freedom or whatever, I will fight to the death to see that happen? People are so misinformed about this case as far as the polls go. They are under the illusion that this is a private matter between families and shouldn't be encroached upon but it's much more than that. It's a good vs evil in my humble opinion........pro-life against pro-death and a more than suspect "husband" wanting this poor woman dead! Dead at all costs! Is he a sociopath that revels in the Shindler's grief? Is he responsible for her condition? What would be the harm to conduct these tests that so many professionals deem would help her? Am I all wet here? So many questions unanswered. God have mercy on our country and on Terri.

[Brilliant]

I don't think it's petty corruption. I think it fits a general pattern of abuse of power by the court system.

They are determined that they will supplant both the executive branch and the legislative branch.

At some point, the executive branch and legislative branch are going to have to stand up to the courts, but this was not the case. In order to slap the courts down, they are going to have to find a case in which the judge's decision is not supported by a majority of the voters. When you've got more than 60% of the people agreeing with the judge, the executive and legilative branches will simply be voted out by the voters if they try to make it an issue, and the courts will win in the end anyway.

[JoeGar]

Alan Keyes appeared on Joseph Farah's national radio show ...

Our local conservative talk radio station recently replaced the Black Avenger with Joseph Farah's show. IMHO, Farah is so annoying that I'd rather listen to rap.

[Dawgreg]

Thanks Gumdrop. I totally agree.

[veronica]

Jeb and GWB did everything they could. It's sad to see them being attacked now by the side interested in keeping Terri alive.

[Zenith]

All you people are NUTS !!

There is NOTHING LEGAL that Gov Bush can do,
so LEAVE him alone and wake up to the Florida LAW.

The Court said NO to Jeb !!

[SeasideSparrow]

You asked: "Is this Jeb Bush's fault?"

Constitutionally and unequivocally -

Both he and his brother in the White House hold executive power under the constitution to take action. They break NO law by doing so.

Do some homework by reading this - and it will become more clear:

http://www.wnd.com/news/article.asp?ARTICLE_ID=43472

"....in a constitutional system based on checks and balances, one branch can run riot only if some other branch fails to exert the power necessary to constrain its actions within constitutional bounds.

This means that the rise of judicial tyranny represents a failure elsewhere in the government. Now we know that in the Schiavo case, both the Florida and the national legislatures exerted themselves in an effort to secure her basic right to life. They failed because the judiciary has the power to invalidate their actions, either in application or through the power of judicial review.

In the end, the constraint of judicial abuse is especially the responsibility of the executive branch of government, since the executive has both the opportunity and the obligation to act without the interference of the judiciary, provided that in doing so he consults the political will of the legislative power.

Until and unless the people elected to wield executive power in our national and state governments recognize and act upon this responsibility, the judiciary will go unchecked, destroying the balance of power among the branches and with it our system of free, representative self-government." See link for rest of piece.

[Dawgreg]

Ha! Have you heard about Felo's "donation" to Greers campaign coffers? Gotta find that........forgot where I saw it. What a sham!

[ARCADIA]

When you've got more than 60% of the people agreeing with the judge

Do you agree with the judge? Or, are you just buying into the polling BS?

[Ben Chad]

"When you've got more than 60% of the people agreeing with the judge, the executive and legilative branches will simply be voted out by the voters if they try to make it an issue, and the courts will win in the end anyway."

It distresses me to hear freepers dignify the cooked poll in this way. The poll was cooked by disengenuous assertions and questions. If not, then it's a darker day than I thought.

[ARCADIA]

The Court said NO to Jeb !!

Read your constitution; Jeb is independent of the court. It doesn't matter what the court says, or how many times they say it. The governor is only subject to the legislature.

[Brilliant]

I don't agree with the judge, but I do buy the polls. Heck, you can see just by reviewing the posts on this website that even the conservatives are split on this issue. The liberals are not, though.

In my case, my primary objection to all this is not that I oppose the right to die, but rather that I see this case as a euthanasia case--not as a right to die case, and equally importantly, I think the judge twisted the facts and the law in order to get to the result he wanted because euthanasia is illegal, for the most part, but the right to die is not.

Most of my fellow evangelicals do not look at it that way, though. They do not appreciate the legal aspects of this matter, or even the political aspects, but see it purely as a religious issue, which is something that will not carry the day in our system of government.

[jwpjr]

re: When you've got more than 60% of the people agreeing with the judge

It's a shame these sham polls can be put together by the MSM and then reported as real 'news.' These people were polled and asked questions that didn't even jive with the true situation. Then they take the results and act as though the polls were on the up-and-up.

[Dawgreg]

Thanks SeasideSparrow. I will look at this. I'm still hopeful that SOMEONE will take action. The courts have been running amok for way too long.

[nuconvert]

"I don't think it's petty corruption. I think it fits a general pattern of abuse of power by the court system."

From what I've read about regarding local issues in Greer's jurisdiction, drs and lawyers recommending people be admitted to hospitals, nursing homes they serve as board members on, and much more, there's a lot of "petty" stuff going on. I'm sure there's been gossip for yrs around there and it wouldn't take much to turn up local corruption and improprieties going back many yrs.

So if this is the case, would an investigation that was started several weeks ago, that turned up some evidence of possible impropriety, have been enough to cause a delay of some kind in Greer's orders, pending further investigation?

[ARCADIA]

It is not the merit of the case but the larger miscarriage of justice which is the larger issue here. People can legitimately disagree on whether a person should be allowed to end their life; especially if they are suffering from an incurable and painful disease. But, we can all agree on our desire for a fair and objective determination of fact. That is where this case has gone horribly wrong.

[nuconvert]

I read a few days ago, that prior to Greer's last election, he received more in contribution funds than any judge before, and most of the money came from local attorneys whose practices involved inheritance law and trusts. I think there's widescale local corruption going on in Greer's distrcit, and I think he's at the center of it.

[Brilliant]

Agreed. You can also see the hand of judicial activism in this, though. The miscarriage regarding the finding of fact and the hand of judicial activism are not easily separated. The judge wanted from the beginning to find that she should die. He therefore found against the evidence that she is PVS. In the process of doing so, he effectively broadened the legal definition of PVS. In cutting off food and water, he broadened the definition of extraordinary life sustaining measures. It's creeping judicial encroachment on the legislative branch. Then having accomplished that, the courts capitalized on the split among the voters to effect a power play, striking down legislation and ordering the executive to stand aside.

This issue is not a good issue for the conservatives to wage war over. They'll just lose because of where the voter's sympathy lies. By contrast, the gay marriage issue is one where they have the upper hand. Unfortunately, it was this issue that the courts have chosen to fight over. Only a few courts in extreme liberal states have chosen to fight over the gay marriage issue.

[ex-snook]

Thanks for alert.

Governors can step in and take prisoners off the death row. Terri is on the death row only because she is handicapped. The Courts are about to legitimize killing the handicapped just as they have already done with the pre-born. Next is the aged under some guise as 'mercy killing'.

The Courts are on a power grab, the executive must spare the lives of the infirm.

[Dawgreg]

I think the whole dang judiciary in Florida is corrupt! I have never in my life seen such goings on and it all started in 2000! IMHO.........

[lastchance]

Yes. Also Jeb was going to send in FDLE but when told that the local police/sheriff's office were planning on enforcing the Judge's order the plan was scuttled. We should ask ourselves why were the local law enforcement orders so set on preventing Terri's rescue? Seems like some real nasty Good Ole Boy politics at work.
Jeb was probably very reluctant to call off FDLE but a confrontation between two law enforcement agencies is not something any Governor wants to see happen.

[Smartass]

Jeb Bush IS NOT DOING all he can to save Terri!!!

Reprinted from NewsMax.com

Former Adviser Presses Gov. Bush to Launch Criminal Investigation to Save Schiavo

By Dave Eberhart, NewsMax.com

Saturday, March 26, 2005

Although Florida governor Jeb Bush has for all intents and purposes tossed in the towel in any eleventh-hour rescue of Terri Shiavo, at least one former legal advisor is admonishing the chief executive for not using the state's criminal laws as authority to intervene – without the need for family or judicial approval – and reinsert the hospice patient's feeding tube.

Richard Thompson, the president and chief counsel of the Thomas Moore Law Center, says doing so would preserve the life of a material witness in a potential criminal case.
The launching of a formal criminal investigation into possible abuse of the helpless patient would allow the Florida Department of Law Enforcement to remove Schiavo from the custody of her current guardian – husband Michael Schiavo, who has been for years dedicated to terminating the artificial feeding of his brain-damaged wife.

Today, Thompson once more affirmed that Florida Governor Jeb Bush has the legal authority to utilize state criminal laws to prevent the death of Terri Schiavo.

Legal Memos Pointing to two legal memos prepared by the Thomas More Law Center 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.

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.

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 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 in Ann Arbor, Michigan, 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.

Thompson noted that 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. Ironically, it was authorities from the Florida Department of Law Enforcement that rode to the rescue of the starving Shiavo on Oct. 21, 2003 - in the wake of the passage of the so-called "Terri's Law." At that time, she was six days into her enforced and life-threatening fast.

The extraordinary one-page bill was passed by the Florida legislature and signed into law by Bush in less than 24 hours, but later challenged by Schiavo's husband and held to be unconstitutional.

Judge Greer Again
Florida's Pinellas Circuit Court Judge George Greer has ruled that under general welfare regulations the state cannot take Schiavo into custody, nor provide her food or water. However, the firm judicial ruling was specifically addressed to an effort by the state's Department of Children and Families to civilly rescue the brain-injured woman by physically removing her.

At the time of Greer's ruling there was no ongoing criminal investigation – as, indeed, there is none today.

[McGavin999]

Look, Newsmax is great, but they are out of their league in this as are many of the lawyers. If Jeb can find something it will be done. Do you not think they have the finest legal minds in the country pouring over the statutes trying to find a loophole?

Going in Rambo style isn't going to save Terri and it will do irrepairable harm to the rule of law.

[Valin]

"The problem is not that Bush has not exhausted his powers. The problem is that the courts have abused their powers."


Now stop that making sense! You're ruining a prefectly good rant thread for us.

"The problem is that the courts have abused their powers."

Hugh Hewitts point.

[Gelato]

In the Florida Constitution, Article IV, Section 8, the governor has the power to "restore civil rights" and "commute punishment." This power cannot be controlled or obstructed by the judiciary.

Simply because of her physical disability, Terri Schiavo is being deprived of "the right to enjoy and defend life," guaranteed by Article I, Section 2, of the Florida Constitution. She has been given a death sentence without cause, and actually ordered to death.

Gov. Bush has stated publicly: “I am doing everything within my power to make sure that Terri is afforded at least the same right rights that criminals convicted of the most heinous crimes take for granted.”

By stating this, and his intent to “exhaust all executive options . . . to save Terri’s life,” Gov. Bush has publicly pledged to use the power granted him by the Florida Constitution to help Terri. Yet, Gov. Bush has not exercised his executive power under Article IV, Section 8, of the Florida Constitution, to restore Terri’s rights. His failure to so act will result in the death of Terri Schiavo.

[Valin]

I have never in my life seen such goings on and it all started in 2000!

I can't prove it but it probably started long before then. It was just below the radar.

[Critter]

It is ridiculous for people who support Terri to become as cannibals devouring their allies...

What good are allies that don't make the good fight when it counts? When they turn tail and run when the real battle starts?

Would you ever trust them again to cover your flank? Not me. Sorry. I'll find new allies thank you.

[68-69TonkinGulfYachtClub]

Free Republic Opinion Poll: How has Governor Bush's failure to defy Judge Greer and not have DCF take Terri Schiavo into protective custody affected your view of the Governor?

http://www.freerepublic.com/perl/poll?poll=89

I have lost a great deal of respect for him. Judges need to be reigned in. This was a good opportunity to do so. 27.6% 1,255
No change in respect, but he should have defied Greer. 26.5% 1,206


54.1 % on FR say Jeb should defie Greer.

Jeb has NOTHING to lose.

Not runing for Gov again and not running for President in '08

Why does Jeb Bush follow man's law instead of God Law?

"Thou shall not kill"

Jeb Bush has the advantage of having 2 Presidents

in his family that he can seek advice from.

His father AND his brother.

But instead he listens to judges?

He should at least order lethal injection rather

than have this poor woman denied food and water.

Judges would demand that a criminal not be denies food and water.

Poor Terri does not even have the same protection criminals do.

PC Gone Insane!

God have mercy on this once great nation.

[Critter]

The problem is not that Bush has not exhausted his powers. The problem is that the courts have abused their powers.

So someone dies then, and nothing gets done about it?

Who, if not the executive, should step in to stop the abuse of power?

Jeb Bush lacks the testicular fortitude required to be a real leader. I hope this fact keeps him from holding future office.

[seekthetruth]

"I guarantee you that right now, Bush's cadre of dozens of conservative lawyers are telling him that he's done everything he can. I, being a conservative lawyer myself, agree. The problem is not that Bush has not exhausted his powers. The problem is that the courts have abused their powers."

Well, being a lawyer, can you tell me why Jeb Bush does not have the executive power to ingore courts that have abused their powers? Seems there are just as many conservative lawyers saying that Jeb can do more! What is the truth?

[Jeff Head]

TERRI'S OWN ACTIONS PROVE SHE HAS THE WILL TO LIVE

[E.G.C.]

BTT!!!!!!

[GodBlessUSA]

Hi Tonkin,
I wonder if there is something, we are unaware of, that prevents him from making a move. He almost did Wednesday night. I just can't believe, he would not do something if he could have. He did in 10/03. Maybe I'm wrong. I'd like to give him the benefit of the doubt though. Maybe this entire situation has me so upset I don't know if I'm right or wrong any longer. I know he spent grueling hours getting the Florida senate to save Terri. The senate destroyed all hope for Terri. I know that my heart feels such pain for Terri and her family.

[mrs tiggywinkle]

In agreement with the two of you...

[68-69TonkinGulfYachtClub]

"I wonder if there is something, we are unaware of, that prevents him from making a move."

Well it's not because he can't get re-elected or ruin his chances for President.

He's NOT running in FL again and said he won't run for President.

God will judge all in the end.

Those who sat by and "worried" about man's law

And "politics"

Rather than save a helpless woman

And allowed her to suffer by starving her and giving her no drink

Will have to answer.