As you read about this game of mumbley-peg the courts are playing with Terri's life, DO keep in mind the grand production we all endured during the 2000 election in Florida. It was the COURTS! They held us all in their spell for weeks as the men in black robes decided the fate of a nation. All that while, the Florida state legislature could have (and should have) passed a resolution declaring the election final, and then unseating the judges for legislating from the bench.
I did NOT vote for G.W.Bush, so what has just been said was unbiased. Little do the local and state law-makers know that through their carelessness and wanton disregard for the First Ten Articles of Amendment (OUR Bill of Rights - the only part of that constitution that is worth anything) they are voting themselves out of a position. Many of them go along to get along, and to not lose out on their perks and pensions, plus the WAMs (walking around money) they use generously for their own personal and private desires.
They will be among the first to have their pensions stripped when their 'duty' is done, and they and their families will be in the same boat with the rest of us 'boat people', as Jacques Attali fondly labeled us in his book, Millennium -- Winners and Losers In The Coming Order. Here's an excerpt:
"Future shock is yesterday. Change is the only constant in a world in upheaval. . . a new order is being born. In the next millennium, humanity's fate will be shaped by a new set of winners and losers. . .
"Wealthy wanderers will everywhere be confronted by roving masses of poor nomads -- boat people on a planetary scale seeking to escape from the destitute periphery, where most of the earth's population will continue to live.
"These impoverished migrants will ply the planet, searching for sustenance and shelter. . . they will live the life of the walking dead."
That was written thirteen years ago! . . . and it's a far cry from that 'kinder, gentler world order" that Poppy (Heroin dealer) Bush spoke of, isn't it? Jacques Attali is no 'guy in a diner'. He is an insider who served as advisor to Francois Mitterand for ten years. His book, written in French, translated and published in the U.S. in the early 1990's is no longer available unless one would find a copy at an on-line used bookseller (which is where I got my copy).
That last may seem off the track here, and it is not. It is where the power assumed by and being given to the courts is leading us: a one-branch system of government -- the courts -- and the courts will be doling out Talmudic Law. In fact they already are doing that. If state legislators don't take a stand now -- right now! -- later might just be too late.
Here we have three news articles: The first says a circuit court judge said it's okay for Michael Schiavo to sue the governor; the second tells us the 2nd District Court of Appeals issued an indefinite 'stay' on Schiavo's suit; the third one -- all in a four day time span mind you - tells us that the appellate court judge has now lifted the stay and Schiavo's suit can proceed.
Who do YOU think is in control of this nation? The 'lawmakers' or the judges? The courts could not EVER usurp this power; it must be GIVEN them, and the givers would be the lawmakers.
What about the investigation under way by the Advocacy Center for Persons with Disability. According to Pat Anderson, the Schindler's attorney. the ACPD is the "big shark" in the disability field. Under federal law, the agency is granted strong investigative powers, including examining medical and court-sealed guardian financial records (which Michael Schiavo has kept under lock and key all these years). Its findings of abuse and neglect would be conclusive and pre-emtive of any court or other agency determination, according to Anderson, as stated in a Chicago Tribune news article.
Notice how quiet the news media has been about this investigation? Hardly a peep. And what's the rush? Why the fast-track being given to Schiavo's law suit? Could it be they want the lady dead and the body incinerated before the investigation is completed?
According to one report it was said that Michael Schiavo had some time ago petitioned the courts to be able use money from Terri's rehabilitation fund to pre-pay the cost of having her body cremated immediately upon her death. No body, no evidence of abuse, yes? The broken bones in her body will only be evidence by a bone scan report and it's hardly possible a court would allow that to be submitted as evidence.
And what's the hold-up in the investigation? We all know all too well how easy it is to bribe elected officials, judges and bureaucrats. Could there be a mole at the ACPD to see that the process is stalled? Records and reports mysteriously disappearing? Phone messages not received?
It might be a good idea for the ACPD to receive e-mails, faxes, phone calls and letters to acknowledge the fact of the on-going investigation, thank them, and let them know that time is of the essence. Use your own words and judgment on your message. A lawyer named Richard LaBelle was named as on the board at the ACPD and one of the lawyers involved in the investigation. Maybe some research on his background/connections would be helpful too. Here's the info on the ACPD in Florida:
Phone: 850-488-9071 or 800-342 0823
Address: 2671 Executive Center Circle, W.
Tallahassee, Florida 32301
PLEASE! Contact them. We've all discovered that it makes the cockroaches nervous when the light is on them (not saying the people at the ACPD are cockroaches; however, we just don't know, do we?).
Maybe we should focus calls on Jeb Bush to remind him this whole legal thing is moot because Judge Greer broke the law and violated Terri's constitutional rights from his bench. He is NOT a lawmaker, the state legislature is the lawmaking body! You can read excerpts from the Amicus brief that Jeb Bush presented to the U.S. District Court on October 7th. In his own (or his legal team's words on his behalf) it was admitted the court ordered a murder be committed.
Thank you for all you are doing for Terri. It is ultimately for your own loved ones and for yourself. -- Jackie
November 18th, 2003
Items compiled from Tribune news services
Judge OKs lawsuit in Schiavo dispute
November 15, 2003
CLEARWATER, FLORIDA -- A man who has fought a long legal battle to remove the feeding tube from his brain-damaged wife, only to have the state pass a special law to thwart him, won another round in court Friday when a judge ruled that his suit against Gov. Jeb Bush may proceed.
Circuit Judge Douglas Baird said Michael Schiavo had successfully defended Terri Schiavo's right not to be kept alive artificially. Any delays in removing the feeding tube and letting her die violate her right to privacy, the judge said.
Michael Schiavo had the feeding tube removed last month, but the governor ordered the tube reinserted six days later under a hastily passed state law. Schiavo then sued Bush.
Sunday, November 16th, 2003
Stay blocks husband's 'right-to-die' challenge
LAKELAND - An appeals court has stepped in to at least temporarily block a man's right-to-die fight with Gov. Jeb Bush over a new law restoring a feeding tube to his brain-damaged wife.
Bush had faced a Monday deadline to justify the constitutionality of the law, but that is gone and Michael Schiavo now must explain to the state appeals court by Tuesday why his challenge should be on a fast track.
The 2nd District Court of Appeal issued an indefinite stay late Friday after Circuit Judge Douglas Baird lifted another stay to allow the challenge to move forward.
Schiavo has been fighting his in-laws in court for years for the right to remove his wife Terri's feeding tube, saying she would not want to be kept alive artificially. She suffered severe brain damage in 1990 when her heart temporarily stopped, cutting off oxygen to her brain.
Attorneys for the governor contend Michael Schiavo's lawsuit should not be allowed to move ahead until after he serves legal papers on the governor.
"I'm not dragging my feet," Bush said after filing the appeal. "I think it's appropriate in something that is a matter of life and death that the procedures that we believe are the appropriate ones should take place."
Bush compared his position to the "very deliberate" legal work done before any execution, saying he "wants to make sure that innocent life is protected. We go the extra mile."
Calls for comment to Michael Schiavo's attorney Saturday was not returned.
Pat Anderson, attorney for Terri Schiavo's parents, Bob and Mary Schindler, said her "life continues to be threatened by those forces who want to see her die from starvation and dehydration. We are once again grateful that the Governor is doing everything in his power to protect Terri's life."
Terri Schiavo went without water and nutrition for six days before the Legislature and Bush stepped in last month to have the tube reinserted.
Florida courts had repeatedly affirmed the right of Michael Schiavo to remove the feeding tube.
November 18, 2003
Appeals Court Lifts Stay, Lets Michael Schiavo Challenge Bush Law
By Mitch Stacy
Associated Press Writer
TAMPA, Fla. (AP) - An appeals court Tuesday lifted a stay which blocked a brain-damaged woman's husband's fight with Gov. Jeb Bush over a new law that restored her feeding tube.
The ruling by the 2nd District Court of Appeal in Lakeland is a victory for Michael Schiavo, who has fought his in-laws in court for years for the right to remove the tube, saying his wife, Terri, would not want to be kept alive artificially.
Michael Schiavo's attorney, George Felos, asked the appellate panel Monday to let his constitutional challenge to the new law move forward while Bush takes issue with failing to be served with a formal notice of the lawsuit and in Tallahassee.
The three-judge appellate panel agreed, and also denied a motion filed Friday by Bush's attorneys asking that all proceedings in the case be halted.
"It's very bad news for Terri and good news for the voices of death," said Pat Anderson, an attorney for Bob and Mary Schindler, the parents of Terri Schiavo.
Felos said he was pleased by the prompt ruling.
"I think it's an indication that the court recognizes that fundamental human rights are at stake here," Felos said.
Bush spokeswoman Alia Faraj said the governor's office was "disappointed by the ruling."
Bush's attorneys have until 5 p.m. Wednesday to file papers with their arguments on the constitutionality of new law in Circuit Court in Clearwater, something Faraj said the governor is "fully prepared" to do.
"This is a very important case that deals with a life or death decision and one where we can't make mistakes," Faraj said.
Howard Simon of the American Civil Liberties Union, Michael Schiavo's co-counsel, said the court's decision will force Bush to "stop delaying this case." Faraj strongly denied that claim, saying that the governor's office just wants to ensure Felos follows proper procedure.
Michael Schiavo contends that the hastily passed law that let Bush order reinsertion of Terri Schiavo's feeding tube is unconstitutional because it violates her right to privacy and separation-of-power provisions of the Florida Constitution.
Terri Schiavo suffered severe brain damage in 1990 when her heart temporarily stopped, cutting off oxygen to her brain. Her parents dispute that she is in a vegetative state and believe her condition could improve with therapy.
Florida courts had repeatedly affirmed the right of Michael Schiavo to remove the tube. It was removed for six days when Bush ordered it restored Oct. 21.
Attorneys for the governor insist Felos must serve legal papers as required and argue the lawsuit must be filed in Tallahassee, the seat of state government.
Circuit Judge W. Douglas Baird issued an order Friday to let the lawsuit move ahead, but the appeals court issued a stay hours later on Bush's appeal - then overturned it Tuesday.
"We can only hope that those who value all of Terri's constitutional rights will give this the most careful consideration, including her rights to enjoy life and not be discriminated on the basis of her disability," Anderson said.