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March 18, 2005
Drudge Breaking: Terri Safe... For Now?
If they did this in a movie you wouldn't believe it.
Senator Mike Enzi, R-Wyoming, has called Terri Schiavo to testify before his committee-- invoking statutory protections for her until she can so appear before his committee and, uhhh, give information to it.
But it's not over yet; they'll need to get a TRO from a federal judge to block the killing ot Terri.
It's obviously a sham-- though a brilliant and humane one.
Let's hope they've done their judge-shopping homework and can find the sort of judge who 1) actually cares about human life and 2) isn't squeamish about resorting to a subterfuge to preserve it.
Thanks to See-Dubya for the tip.
Ain't No Sham Update: I called this a sham and a subterfuge... but is it?
Testimony doesn't have to be verbal. They really ARE considering passing some sort of bill to regulate this sort of thing; Terri doesn't have to speak for her to provide useful evidence to them, in the form of her ability (or lack thereof) to respond to stimuli.
A judge might call it a subterfuge, but it's not quite one. Taking information from Terri's appearance may not be the MAIN goal of calling her, but it is a real and reasonable goal, and one that can advance inform the public better than any doctor's report can.
Separation of Powers Problems? Can't seem to find the case now, but I believe Howard Metzenbaum (a Democratic Senator from, I think, Ohio in the eighties) attempted to subpoena a witness before Congress who was already involved in the judicial process. I think the subpoena was quashed on the theory that this was meddling in the affiars of a co-equal branch of government that already had taken jurisdiction.
Anyone with Lexis/Nexis might want to do me a solid and look that bastard up.
My recall of that case is obviously sketchy, but I don't think it would apply here anyway. Or it shouldn't. The court, as far as Terri Schiavo is concerned, is finished; it has decided to murder her. It really doesn't matter if they kill her next week or next month. But the testimony she can give obviously must be given while she's still alive.