Fox News announced on friday night that Governor Jeb Bush is not going to intervene for Terri Schindler-Schiavo;
Governor Jeb Bush is absolutely clear -- as cited in his Amicus Curiae Memorandum to the Court (excerpted below) -- that Florida law prohibits the heinous actions taken, and ongoing, against Terri Schindler-Schiavo, namely her forced death by starvation and dehydration;
Governor Jeb Bush clearly KNOWS -- as cited in his Amicus Curiae Memorandum -- that Terri Schindler-Schiavo is being slowly and agonizingly murdered (his term is "deliberate killing") by forced starvation and dehydration;
Governor Jeb Bush is absolutely clear that he has the AUTHORITY, POWER and DUTY in his official capacity as Governor of Florida State -- as cited in his Amicus Curiae Memorandum -- to "take care that the laws be executed faithfully";
Governor Jeb Bush asserts that Terri Schindler-Schiavo's rights, under the Constitution of Florida State and the Constitution of the United States of America are being violated -- as cited in his Amicus Curiae Memorandum; and
Governor Jeb Bush KNOWS -- as cited in his Amicus Curiae Memorandum -- that he has a sworn duty to defend the Constitution of Florida State.
This means he MUST TAKE IMMEDIATE ACTION to stop the "deliberate Killing" of Terri Schindler-Schiavo, move her to a safe place, take every measure to stabilize her now perilous condition by resuming nutrition and liquids, order the courts to appoint one of her family as Guardian, and simultaneously order a criminal investigation into the multitudes of heinous crimes committed against Terri by her 'husband', Michael Schiavo.
We know, and we know that Governor Jeb Bush knows all this -- as evidenced by the statements of fact in his Amicus Curiae Memorandum.
He had welcomed the advice from legal experts outside of his administration. It is widely known to the public and news media that he has received at least six legal opinions to date (archived at www.terrisfight.org under 'Breaking News')all saying exactly what has just been written here -- in more legal terms of course.
Why then, does Governor Jeb Bush INSIST that he is helpless to help Terri? Initially he was saying that he couldn't intervene because state laws gave the courts authority in guardianship matters. He could not "overrule the Court".
When it became clear this is NOT an issue of "guardianship", and is rather a matter of MURDER by the order of Judge George Greer, which order was a blatant violation of the laws of Florida -- as cited in his Amicus Curiae Memorandum -- Jeb's response is not quite as direct. In fact, his statement quoted in a WND article of Friday, October 17th, 2003 was political gibberish. See if this has any intelligent meaning: (quoting Jeb Bush):
"The legal office has been talking to people trying to find some strategy where my office can intervene in a different fashion that will yield a different result. So far we have not found that option."
In essence, this refusal to act in the face of all the facts that we know he knows, Governor Jeb Bush is now an accomplice to MURDER. We've transcribe excerpts direct from the Amicus Curiae Memorandum. Read it and decide for yourself.
The question NOW is: "who is 'advising' Governor Bush? Or maybe more accurately, WHO GIVES JEB BUSH HIS ORDERS?!
[All emphasis in the text of the following transcript is ours]
In his Amicus Curiae Memorandum to the UNITED STATES DISTRICT COURT, MIDDLE DISTRICT OF FLORIDA, TAMPA DIVISION, on October 7th, 2003, Governor Jeb Bush said:
"The Governor has a constitutional duty to take care that the laws be executed faithfully. Article 4, Sec. 1, Florida Constitution.
"The Governor has a sworn duty to defend the Constitution of the State of Florida."
"The Governor submits this memorandum to ensure that the Court consider the critical distinction between removing artificial life support and the deliberate killing of a human being by starvation and dehydration.
"These are two different actions. The first is performed according to state law and is allowed under Florida's constitutional right to privacy.
"The second is prohibited by the right to life enshrined in the Florida and federal Constitutions. . ."
The "deliberate killing" of a human being is murder.
Judge George Greer broke the law when he ordered food and water to be withheld from Terri until she dies. He has no authority to 'legislate from the bench'. If Terri Schiavo dies because of this action, Judge George Greer is an accomplice to murder; Michael Schiavo is an accomplice to murder; and the doctors who perform the surgical removal of the tube are accomplices to murder, along with the lying lawyers.
"The Governor has a constitutional duty to take care that the laws be executed faithfully. Art.4, Sec.1, Fla Cons. The Governor has a sworn duty to defend the Constitution of the State of Florida."
"As Terri's death may be proximately caused not by the removal of life-prolonging procedures, but the denial of oral sustenance, forbidding the provision of oral sustenance would create an unnecessary conflict with Florida statutory law..."
There is no 'conflict'. The law is clear.
". . . natural oral feeding is not a life-prolonging procedure under Florida law.
"An incapacitated person retains certain enumerated rights under Section 744.3215, Florida Statutes (2003).
"That section clearly and separately delineates which rights are retained by the ward [Terri] (Section 744.3215(1));
"which rights may be removed by the court (Section 744.3215(4));
"which rights may be delegated to the guardian (Section 744.3215(3)); and
"which rights the guardian may not exercise without first obtaining specific authority from the court (Section 744.325(4)).
While Michael Schiavo obtained 'specific authority from the court' to murder Terri, the court had no legal authority to empower Michael Schiavo to murder Terry. Judge Greer BROKE THE LAW.
"The right to receive necessary services and rehabilitation is a retained right. Section 744.3215(1)(i), Florida Statutes (2003).
"While many rights may be delegated to a guardian, the right to receive necessary services and rehabilitation may not.
"Similarly, the right to receive necessary services and rehabilitation may not be removed by the court.
Judge George Greer BROKE THE LAW when he ordered food and water to be withheld from Terri.
"The Governor has a Constitutional duty to take care that the laws be executed faithfully. Art.4, Sec.1, Fla Cons. The Governor has a sworn duty to defend the Constitution of the State of Florida."
"The clear language, ordering and context of the statute indicates that the ward [Terri] retains that right for the duration of the guardianship;
"there is no provision for waiving, removing, or delegating retained rights in the statute.
"Services to rehabilitate Terri's swallowing musculature are necessary (without them, she will surely die) and so fall within that retained right.
"The guardianship court recently prohibited the provision of such therapy requested by Terri's parents. Such prohibition is impermissible in the context of the Section 765.401 action to terminate life-prolonging procedures and is an impermissible deprivation of Terri's rights under Florida's guardianship law and her right to life under the Florida and federal constitutions. . .
Judge George Greer broke the law when he ordered food and water to be withheld from Terri.
"The Governor has a constitutional duty to take care that the laws be executed faithfully. Art.4, Sec.1, Fla Cons. The Governor has a sworn duty to defend the Constitution of the State of Florida."
"The Florida Legislature codified a definition of PVS (Permanent Vegetative State) in this context: "a permanent and irreversible condition of unconsciousness in which there is (a) The absence of voluntary action or cognitive behavior of any kind. (b) An inability to communicate or interact purposefully with the environment." Section 765.101(12)4
"[footnote 4: Terri's parents unsuccessfully argued in the guardianship case that the court incorrectly applied this definition by requiring not "any kind" of voluntary action or cognitive behavior, but actions that are "consistent and reproducible" and a "constant response to stimuli.]"
In other words, the court changed the Florida Legislature's 'codified definition' of the term PVS, expanding upon its definition to justify describing Terri as being in a "Permanent Vegetative State". Surely Jeb Bush's advisors are aware that a judge may NOT legislate -- make laws -- from the bench!
"Neither oral feeding, nor the tests and therapy to accomplish oral feeding, would violate Terri's wishes. Only her wish to be free of artificial life support has been proven by clear and convincing evidence, not a wish to die."
The 'clear and convincing' evidence which the court held as "proof" that Terri does not want to be kept alive by artificial means was hearsay from the lying, murdering, Michael Schiavo. He claimed Terri had said it once during a conversation.
He evidently 'forgot' about that when he convinced a jury to grant a large settlement that he needed so he could 'take Terri home and spend the rest of his life taking care of her'. Then when the large sum of money -- awarded to Terri to be used for her rehabilitation and care -- was safely in his hands, he suddenly 'remembered' that she didn't want to be kept alive by artificial means.
When the 'proof' was challenged he produced two witnesses alleged to have heard Terri say it: His sister and brother in law. The Memorandum continues:
"There is a fine balance between Terri's right to privacy and her right to life, which are co-equal in our constitution. To err on one side is to prolong her existence, perhaps against her wishes.
"To err on the other is an irrevocable act that affords no remediation.
"While Terri may not be able to eat orally again, there is enough doubt as to her potential for that limited rehabilitation that to do otherwise deprives her of her life without due process.
"If the guardian and the courts refuse to entertain such an option, they are arbitrarily and capriciously depriving Terri of her constitutional right to life."
Yes, the lying, murdering guardian and his accomplices, are breaking the laws of the State of Florida. Since Jeb Bush knows all this, as evidenced in his Amicus Curiae Memorandum to the court, and since in that brief he clearly stated his duty:
"The Governor has a constitutional duty to take care that the laws be executed faithfully. Article 4, Sec. 1, Florida Constitution.
"The Governor has a sworn duty to defend the Constitution of the State of Florida."
. . . WHY does Jeb Bush claim that his legal department advises him he has no authority to override the court's illegal, murdering order? It was the lawyers from his legal department who wrote and presented this brief in his name. The brief was "Respectfully submitted" by ( all capital letters entities):
RAQUEL A. RODRIGUEZ; Florida Bar No. 511439; General Counsel; and,
CHRISTA CALAMAS; Florida Bar No. 142123; Assistant General Counsel
Executive Office of the Governor
Room 209, The Capitol
Tallahassee, Florida 32399-1050
Telephone No. (850) 488-3494
Facsimile No. (850) 448-9810
The 2003 Florida Statutes, also state in Section 765.309 that mercy killing or euthanasia is not authorized; and is distinguished from suicide:
(1) Nothing in this chapter shall be construed to condone, authorize, or approve mercy killing or euthanasia, or to permit any affirmative or deliberate act or omission to end life other than to permit the natural process of dying.
Death by forced starvation and dehydration is NOT the "natural process of dying". It is MURDER BY TORTURE, pure and simple.
For more definitions and clarification of the plainly-written statutes regarding the duties of a guardian and the rights of a disabled person, go to www.highway2health.net. It leaves nor further questions.
As this is being finished for posting, Terri has been without sustenance and water for over one-hundred hours. We've heard no reports on her condition today. Yesterday (Saturday) it was said that though she was less responsive than usual she was sitting up in bed watching the people in her room.
It was also said that the lawyer's representative refused to allow her Priest to give her last rites. When he asked what they would do if he did so he was told he would be arrested.
Please keep her bathed and protected in the Light of God. Jesus said, "Ye are the Light of the World". Send that Light to Terri; send her your love and peace; send her the nourishment you take in, and the water you drink.
If you've not made calls, please do so. If you've done so already, please do it again. Phone, fax, e-mail to Jeb Bush's office, and anywhere and everywhere the thought occurs. Click here for some numbers.
Thank you. God bless you. May He bless us, everyone. -- Jackie --
Sunday evening: 7:00 PM
October 19th, 2003