Different River

”You can never step in the same river twice.” –Heraclitus

March 18, 2005

Judge Greer to Congress: Drop Dead

Filed under: — Different River @ 2:18 pm

Matt Drudge linked to this with his famous siren:

Judge Says Schiavo Tube Can Be Removed

Mar 18, 1:47 PM (ET)

By MITCH STACY

PINELLAS PARK, Fla. (AP) – The presiding judge in the case of Terri Schiavo ruled Friday that the feeding tube keeping the brain-damaged woman alive can be removed despite efforts by congressional Republicans to have her appear at congressional hearings.

Pinellas Circuit Judge George Greer refused a request from U.S. House attorneys to delay the removal, which he had previously ordered to take place at 1 p.m. EST. Greer determined that it should go forward about an hour after another judge issued a temporary delay blocking the tube’s removal.

There was no immediate word on when the tube might be removed.

Now let’s see if Judge Greer is arrested for violating the federal law to protect witnesses under Congressional (or executive department) subpoena (18 U.S. Code §1505) which states in part:

Whoever … influences, obstructs, or impedes or endeavors to influence, obstruct, or impede the due and proper administration of the law under which any pending proceeding is being had before any department or agency of the United States, or the due and proper exercise of the power of inquiry under which any inquiry or investigation is being had by either House, or any committee of either House or any joint committee of the Congress -

Shall be fined under this title or imprisoned not more than five years, or both.

If the rule of law means anything these days (which I’m not sure it does), Judge Greer should be going to federal prison.

I’m not holding my breath.

Meanwhile, Terri’s parents have filed a federal habeas corpus petition. You can read the actual petition here. It actually makes for interesting reading, even (especially?) for those of us who are not lawyers and don’t normally read court filings. (Hat tip: Wittenberg Gate) The petition begins:

COMES NOW Petitioner, Theresa Marie Schiavo, Incapacitated, by and through her parents and Next Friends Robert and Mary Schindler, pursuant to 42 U.S.C. § 2254 and 28 U.S.C. § 1331 who submit the following Emergency Petition for Temporary Injunction and Petition for Writ of Habeas Corpus by a petitioner in state custody subject to an order mandating death through slow dehydration and starvation.

So maybe this law wasn’t necessary after all.

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