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Opposing lawyers share thoughts on Schiavo case
Palm Beach Daily News ^ | October 1, 2005 | Michele Dargan

Posted on 10/01/2005 6:32:54 AM PDT by topher

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To: Tequila25
Instead, you believe that a massive conspiracy reaching into all levels and branches of government was arranged simply to kill one person.

This does a fairly good job of explaining how we came to this point, when a disabled woman's right to be recognized as a human being with the inalienable right to life was denied. Dred Scott and Terri Schiavo - The Long and Tortured Death of the 14th Amendment At the Hands of the Federal Judiciary. It doesn't explain everyone's motives, but it does explain how our judiciary came to be so out of control that the courts failed so miserably in their duty.

61 posted on 10/04/2005 9:45:32 AM PDT by BykrBayb (Impeach Judge Greer - In memory of Terri <strike>Schiavo</strike> Schindler - www.terrisfight.org)
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To: Tequila25
So, no one in this thread believes that Terri died years ago and all that was left was a hollow shell which was all but confirmed by the autopsy.

So you did read the autopsy and realize the frontal lobes were intact, and that though she had 50% of her brain function, she was not dead.

people who are paralyzed have no function of parts of the spinal cord. Does that mean we chop off their arms and legs -- because they are hollow shells.

When a priest would begin praying, Terri would close her eyes.

This is similar to the original Star Trek series where Captain Christopher Pike could only move his eyes, but could still think. Maybe they did not get into how well he could think in that Star Trek episode (The Menagerie), but he was allowed to live.

However, Terri Schiavo could speak in a limited fashion and she could kiss in her way. She could handle her own saliva and not choke to death.

It depends what you consider a hollow shell. The person who did the autopsy admitted he had trouble, and probably wished he had not allowed the body to be destroyed. He really had to struggle with it -- but he screwed up allowing the body to be cremated immediately...

There are people who consider human life not the same as animal life. I guess you are not one of the these people who have respect for human life...

62 posted on 10/04/2005 1:27:54 PM PDT by topher (Please let Old-Fashioned moral values return to the United States!)
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To: Tequila25
Instead, you believe that a massive conspiracy reaching into all levels and branches of government was arranged simply to kill one person.

I am sure where you get that from. But the year was 1999 and lawyer George Felos was the Chairman of the Hospice that Terri eventually was admitted -- through the work of George Felos.

As for saying there is a conspiracy, Judge Greer was legally blind. How could he view the video's of Terri's being tested by doctors? He also violated the law -- he was both Terri's legal guardian and her judge. That was against the law, but that is getting into the fine points of the law.

The case was not overturned on appeals because of the nature of appeals courts. A bad decision can be allowed to stand because of our system of government.

I don't think I ever said there was conspiracy at ALL LEVELS of government.

Certainly Governor Jeb Bush tried to help the Schindler family and Terri Schiavo on a number of occasions. Pope John Paul II ever spoke out about this case, as did President George Bush.

It was more a case of a good ol' boy network scratching each others back.

63 posted on 10/04/2005 1:33:28 PM PDT by topher (Please let Old-Fashioned moral values return to the United States!)
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To: topher

Thank you. :)

Now you've made my day!


64 posted on 10/04/2005 3:59:12 PM PDT by Sun (Hillary Clinton is pro-ILLEGAL immigration. Don't let her fool you. She has a D- /F immigr. rating.)
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To: Wampus SC

Felos probably has guilt issues, which is why he is afraid of religion.


65 posted on 10/04/2005 6:36:44 PM PDT by Sun (Hillary Clinton is pro-ILLEGAL immigration. Don't let her fool you. She has a D- /F immigr. rating.)
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To: floriduh voter
This motion addresses the terms of Adams' pre-trial release, specifically the $25,000.00 bond which prevents Adams from leaving the State of Florida. Adams' mother lives in Mississippi and suffered a mild stroke last fall but because the bond prevents Adams from leaving the state, he has been unable to visit her.

I hope he's smart enough not to move her down to Pinellas County to be with him. Judge Demers would just love to participate in another execution. Especially the mother of a man who's blowing the whistle on the corruption Demers is in entrenched in.

66 posted on 10/04/2005 7:30:45 PM PDT by BykrBayb (Impeach Judge Greer - In memory of Terri <strike>Schiavo</strike> Schindler - www.terrisfight.org)
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To: BykrBayb; 8mmMauser; amdgmary
Diane Coleman of Not Dead Yet, President is on C-Span right now. www.notdeadyet.org.

She's a smart lady.

Acaller says "we don't have a constitutional right to murder ourselves."

67 posted on 10/05/2005 4:56:26 AM PDT by floriduh voter (www.conservative-spirit.org Daily Newsfeeds & Weekly Update)
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To: floriduh voter

FV, we have this coming up today, a brand new test for the new and improved Supremes:

http://www.todayonline.com/articles/76311.asp

US Supreme Court to weigh 'death with dignity' case

The US Supreme Court will hear arguments for and against euthanasia on Wednesday when it reviews a "death with dignity" law from the state of Oregon in a case that could have far-reaching consequences

8mm


68 posted on 10/05/2005 5:01:22 AM PDT by 8mmMauser (Jesu ufam Tobie..Jesus I trust in Thee)
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To: 8mmMauser; Wampus SC; Sun
The euthanazi is about to infer that Terri was brain dead and not a spinal cord injury. Terri was brain damaged but not brain dead.

Terri had favorite people who visited her. Monsignor Malanowski had a great relationship with Terri. Monsignor and her dad made Terri laugh. Terri's brother Bobby made Terri feel safe. Terri had real relationships with all her female relatives and even with her female nurses. Recall that Hospice fired some of Terri's nurses because they wouldn't sign PAPERS swearing allegiance to Hospice and against Terri. They were temps so it was easy to fire them. They were on Hannity and also on some radio programs. Three nurses were fired because they knew Terri was alert and aware and knew she was getting murdered by hospice for HINO, for Florida's cronies, including former Sheriff Everett Rice (who hired HINO to do nursing at the Pinellas Cty Jail).

69 posted on 10/05/2005 5:17:44 AM PDT by floriduh voter (www.conservative-spirit.org Daily Newsfeeds & Weekly Update)
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To: 8mmMauser
CULTURE OF DEATH. Judge Roy Moore is bad but Judge Greer is an award winner.

http://www.therealitycheck.org/GuestColumnist/sartre033005.htm

70 posted on 10/05/2005 5:28:02 AM PDT by floriduh voter (www.conservative-spirit.org Daily Newsfeeds & Weekly Update)
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To: floriduh voter

Here is another view from a wheelchair-bound via The Albuquerque Tribune:

http://www.abqtrib.com/albq/op_columnists/article/0,2565,ALBQ_19865_4129153,00.html

Barbara McKee: The worth of a life

Official's spine-chilling suggestion dredges up some hard questions

(excerpts)

Barbara McKee reflects on the official, Lister in England.

Lister, 79, said: "I would guillotine them. These are children you can't educate. It's merely a matter of caring for them until they die. The only difference between a terminally ill patient and a severely handicapped child is time."


Many parents are faced with the gut-wrenching decision of what to do when their child is born with severe disabilities that might never improve. Do they allow the child to die or fight for life? What will society say either way? How will they sleep at night regardless of their decision?

As a disabled person from birth, I cannot be so black and white about this issue. Soon I will be undergoing major surgery that may or may not improve my life. I'm struggling over whether to post a "Do Not Resuscitate" sign over my bed.

........................

Speaking for me, 8mm, as a parent of a disabled person from birth, we had no such questions as she poses. There was no dilemma, no gut wrenching decisions. Choose life, that's all.


71 posted on 10/05/2005 5:31:10 AM PDT by 8mmMauser (Jesu ufam Tobie..Jesus I trust in Thee)
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To: Salvation
C-span callers are talking about their personal perspective. They are talking about elderly people which doesn't matter except that we know that Terri was only 42. Terri was not terminal and was alert and aware.

Terri Schindler Schiavo's name is not going away, no matter how many left wing nuts want it to. "... disability issues, not terminality issues that are making Oregonians want to die. Our culture has not learned enough about living with disabilities that are severe... for those few that cannot deal with that approach no matter what support that they get and they want suicide, do not set up an expectation that one of the options people can choose is to have the doctor give them the means to kill themselves. Don't take everybody's health care system with you." Diane Coleman, President, www.notdeadyet.org.

Another URL: http://www.therealitycheck.org/GuestColumnist/nkareiva033105.htm

FV says the euthanazi org has "compassion" in their title.

Kill yourself or someone else and you are killing God. We are in the image of God. (that's what the Franciscan order in Minnesota said at Terri's last celebration of life in December of 2004. Terri had a life expectancy in the sixties or seventies. She was snuffed out at 42 years of age.

72 posted on 10/05/2005 5:36:11 AM PDT by floriduh voter (www.conservative-spirit.org Daily Newsfeeds & Weekly Update)
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To: BykrBayb
David Demers is Pinellas' Chief Judge. He fired Jay Wolfson after Wolfson recommended swallowing tests which were denied. Wolfson was playing both sides of the fence so he may have been expecting termination as Terri's GAL. Wolfson was supposedly Jeb Bush's agent so it makes no sense that Demers fired Wolfson. Why didn't Jeb's lawyer KEN CONNOR object to Wolfson's termination or insist on swallowing tests?

Terri could swallow but Judge Greer wanted Terri to perform tricks to prove she deserved to live. Judge Greer is the worst Judge in Amerika. He should be indicted. I don't care who his friends are. Indict him. One's indictment is better than none. Get him off the bench so the starvation state will have one less homocidal maniac on the bench.

73 posted on 10/05/2005 5:47:12 AM PDT by floriduh voter (www.conservative-spirit.org Daily Newsfeeds & Weekly Update)
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To: floriduh voter

Not having my C-Span today, I am trying to recall. I think Diane Coleman was the one at Pinellas Park in the wheelchair leading their group, and tossing back the liberal mantras back in the faces of the few protesters.

Well as I told the guy in my post #57 (he never came back) is about the liberal mantras. They must have a list somewhere they keep rattling because it is all they have. We can counter them all, so they keep hopping from one to the other in hopes of winning a point. I know I haven't heard a new one in a long time, so their list must be as complete as it can be.


74 posted on 10/05/2005 5:52:11 AM PDT by 8mmMauser (Jesu ufam Tobie..Jesus I trust in Thee)
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To: amdgmary; russesjunjee; Sun; Dante3; Wampus SC; Lesforlife; Halls
Letter: Impeach all Judges in the Terri Schiavo Case

by Gary Amos

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.

see also: Dred Scott and Terri Schiavo -- The Long and Tortured Death of the 14th Amendment At the Hands of the Federal Judiciary - (pdf)

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.

The opinions expressed in this column represent those of the author and do not necessarily reflect the opinions, views, or philosophy of TheRealityCheck.org, Inc.

FV SAYS: This commentary is worth copying and emailing to your US Congress and to the POTUS. (even if they are dems or left wing RINOS).

75 posted on 10/05/2005 5:54:13 AM PDT by floriduh voter (www.conservative-spirit.org Daily Newsfeeds & Weekly Update)
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To: floriduh voter

"When people say Ms. Schiavo received due process that is not true"

He gets it!


76 posted on 10/05/2005 6:00:18 AM PDT by pickyourpoison (" Laus Deo ")
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To: pickyourpoison
Terri received the dying process not due process.

From GOPUSA about Assisted Suicide escalation:

http://www.gopusa.com/news/2005/october/1005_assisted_dying1.shtml

77 posted on 10/05/2005 6:02:59 AM PDT by floriduh voter (www.conservative-spirit.org Daily Newsfeeds & Weekly Update)
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To: pickyourpoison
From TEJ: Crist has been in office since 2003 and launches Medicaid fraud investigation now, with his race for governor looming next year. Crist did just fall off of a turnip truck and he couldn't investigate Medicaid fraud until the state finished Terri off. They hadn't finished shredding her records yet. FV's opinion

http://www.theempirejournal.com/0927059_Is_Medicaid_Fraud_Investigation_Just_A_Buzz_Word_Or_A_Buzz_Saw_Cut_Corruption.html

78 posted on 10/05/2005 6:08:44 AM PDT by floriduh voter (www.conservative-spirit.org Daily Newsfeeds & Weekly Update)
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To: pickyourpoison
The URL above is from TEJ but the comments preceding are floriduh voter's.

Wanted to clarify for the folks.

URL without my opinion: http://www.theempirejournal.com/0927059_Is_Medicaid_Fraud_Investigation_Just_A_Buzz_Word_Or_A_Buzz_Saw_Cut_Corruption.html

79 posted on 10/05/2005 6:10:55 AM PDT by floriduh voter (www.conservative-spirit.org Daily Newsfeeds & Weekly Update)
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To: pickyourpoison
Florida FEMA related. FEMA was mismanaged including last year.

http://www.nola.com/newsflash/louisiana/index.ssf?/base/business-2/1128461045270810.xml&storylist=louisiana

This is on a New Orleans web site. NO wants funds and would like FEMA to get money back from Floridians who fraudulently received funds last year. (like that's going to be easy).

ALERT: The American Red Cross sent a St. Petersburg, FL woman $6,000 for hurricane relief and she wasn't even in a hurricane. She was honest and returned the money.

80 posted on 10/05/2005 6:39:35 AM PDT by floriduh voter (www.conservative-spirit.org Daily Newsfeeds & Weekly Update)
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