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DeLay Raises Possibility of Trying to Impeach Some Judges in Schiavo Case
AP ^ | 3/31/05 | Jesse J. Holland

Posted on 03/31/2005 3:11:22 PM PST by Crackingham

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To: Spunky

The biggest problem was that Gibbs (the Schindlers' attorney) refused to file this as a de novo case.

In short, he f***ed up his one opportunity to undo his previous f***-ups.


41 posted on 03/31/2005 3:26:23 PM PST by Poohbah (I'm in the WPPFF)
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To: sinkspur
Wish I could tape his mouth shut! He is going to make it harder to get Conservative judges confirmed with his mouth flapping all the time. He knows full well there is no justification to remove the Federal Judges and that Congress did not "order" the District Judge to conduct a de novo hearing. But folks on here have a hard time telling the difference -- here is what it says:

In such a suit, the District Court shall determine de novo any claim of a violation of any right of Theresa Marie Schiavo within the scope of this Act,

If a claim based on federal law in the pleading could not be proven no reason to conduct de novo. Majority of lawyers that weighed in were appalled at the sloppy pleading prepared by the Schindler attorneys to the District Judge but we have to blame the federal judicial system for not being activists judges and ruling on emotion not the law.

42 posted on 03/31/2005 3:26:31 PM PST by PhiKapMom (AOII Mom -- Increase Republicans in Congress in 2006!)
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To: Chaguito

Little red meat for the religeous right. DeLay got
bigger things than this to focus on.


43 posted on 03/31/2005 3:26:45 PM PST by dwilli
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To: peyton randolph

Delay was part of the crew who insisted upon sending a Congressional Government Reform Committee to Florida to appeal the stay. I'm certain he is capable of carrying this through.


44 posted on 03/31/2005 3:26:58 PM PST by Tumbleweed_Connection (www.whatyoucrave.com)
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To: sinkspur

"DeLay is making a fool of himself."

Typical Stinkspurious remark onboard.


45 posted on 03/31/2005 3:28:12 PM PST by kidkosmic1 (www.InterviewwithGod.com)
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To: Crackingham
Delay should push for the de Novo review.

Then impeach every judge that touched this case.
46 posted on 03/31/2005 3:28:21 PM PST by Right_in_Virginia
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To: Crackingham
Sen. Edward Kennedy, D-Mass., said DeLay should make sure that people know he is not advocating violence against judges.

Violence against judges? Who in the world raised that issue? Oh yeah, Ted Kennedy just did.

47 posted on 03/31/2005 3:28:37 PM PST by Prince Caspian (Don't ask if it's risky... Ask if the reward is worth the risk)
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To: Crackingham
"DeLay Raises Possibility"

" ...Asked about the possibility... DeLay said, "There's plenty of time to look into that." "


AP is so lame.

48 posted on 03/31/2005 3:28:54 PM PST by mrsmith
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To: Prince Caspian
Violence against judges? Who in the world raised that issue?

Among other people, a bunch of stupid-a$$ FReepers.

49 posted on 03/31/2005 3:29:17 PM PST by Poohbah (I'm in the WPPFF)
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To: peyton randolph
Congress has the constitutional authority to set the jurisdiction of the lower federal courts. This includes mandating the standard of review to be applied.

Absolutely false. The power to set jurisdiction only determines which cases will come before which courts. Standards of review are NOT part of jurisdiction. That is exclusively a court function.

50 posted on 03/31/2005 3:29:45 PM PST by Crackingham
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To: peyton randolph
The federal judge deferred to all factual findings made by Judge Greer. This was not de novo review. It was a sham.

Absent any new evidence then what grounds did the judge have for overturning a decision that had been upheld before?

51 posted on 03/31/2005 3:31:09 PM PST by Non-Sequitur
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To: Non-Sequitur
That's fine, but that's not what he was asked to do. He was asked to rehear and reassert the facts of the case -- not verify that the procedures were lawful.
52 posted on 03/31/2005 3:31:11 PM PST by FreedomCalls (It's the "Statue of Liberty," not the "Statue of Security.")
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To: Poohbah
The biggest problem was that Gibbs (the Schindlers' attorney) refused to file this as a de novo case.

Dear Lord, friend, you are so right. I was listening to Hannity's show on the drive home tonight....the legal proceedings in this case border on the criminal.

I wish I could understand why Gibbs didn't throw himself on the de novo right handed to him by Congress and the President.

I'll just never understand it.

53 posted on 03/31/2005 3:31:28 PM PST by Right_in_Virginia
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To: kidkosmic1

You are, indeed, a kid.


54 posted on 03/31/2005 3:31:29 PM PST by sinkspur (I'm in the WPPFF)
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To: Poohbah

David Gibbs, the Schindler's lawyer, only filed for a temporary restraining order, not for a de novo hearing. What the congresscritters appear to be angry about is that the judge failed to give the Schindlers something they didn't ask for in the first place. It's posturing.


55 posted on 03/31/2005 3:31:47 PM PST by Catspaw
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To: Crackingham
Tom Delay's STATEMENT........"Mrs. Schiavo's death is a moral poverty and a legal tragedy. This loss happened because our legal system did not protect the people who need protection most, and that will change. The time will come for the men responsible for this to answer for their behavior, but not today. Today we grieve, we pray, and we hope to God this fate never befalls another. Our thoughts and prayers are with the Schindlers and with Terri Schiavo's friends in this time of deep sorrow."

Only in TED KENNEDY's world and that of the AP could this statement be construed as a calling for VIOLENCE against Judges.

Leftists and leftist organizations are very sick puppies.......

56 posted on 03/31/2005 3:32:36 PM PST by PISANO (We will not tire......We will not falter.......We will NOT FAIL!!! .........GW Bush [Oct 2001])
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To: Prince Caspian

keep reading, you will see it on here at some point, before the mods pull the comment....


57 posted on 03/31/2005 3:32:53 PM PST by MikefromOhio (Terri is in a much much better place. She put up a very honorable struggle against all odds.)
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To: FreedomCalls
That's fine, but that's not what he was asked to do. He was asked to rehear and reassert the facts of the case -- not verify that the procedures were lawful.

But again, absent any new evidence what grounds would he have for overturning the decision that had been upheld before?

58 posted on 03/31/2005 3:33:24 PM PST by Non-Sequitur
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To: kidkosmic1
I'm a Texan & Pubbie and DeLay is a dumb a$$ first class....he has his mammary in a wringer and is pulling a clinton move of focusing on the poor girl to relieve his other problems. I lost a daughter at the age of 26 due to brain damage....and for sure wouldn't have wanted her to lay for 15 years brain dead...as a matter of fact she died almost 15 years ago. As the country is starting to understand...Grandstanding on both sides of the aisle...
59 posted on 03/31/2005 3:33:32 PM PST by RVN Airplane Driver (Thanks America for not slapping us in the face again.)
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To: sinkspur

Gree asserted that family members who heard her say that she wanted to live were in error based on a falsely assumed date by the judge and later admitted to be in error. That fact was not reviewed.


60 posted on 03/31/2005 3:33:51 PM PST by FreedomCalls (It's the "Statue of Liberty," not the "Statue of Security.")
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