Senators threaten judicial activist judge with jail

Finally, a Senator or two with some balls to deal with these liberal ass judges!

By now, you're probably familiar with the Terri Schiavo case here in FL. A woman in a persistent vegetative state left no living will, yet her husband (who's since remarried and spawned more offspring with his new belle) wants her dead and has court rulings to back him up. Look, this is a complex case, and I've got mixed views on this. Reasonable people can reach reasonable conclusions either way. However, one judge has overstepped the line.

Basically, the Senate issued a subpoena for Terri Schiavo to appear. Naturally, she can't. But the legal process demands that the federal subpoena laws be followed. One big staple of the law is that no one can harm (directly or indirectly) the subpoenaed individual. It is a crime for anyone to do anything that keeps the witness from appearing.

Well, a state judge in Florida told the U.S. Congress to screw itself. He overstepped his authority by ordering Schiavo's tube removed anyway, though he was told that ordering that would be in direct conflict with federal law. He in essence said that federal law didn't apply to him.

From NewsMax:

Senate Majority Leader Bill Frist said Friday that subpoenas issued by Sen. Mike Enzi compelling Terri Schiavo to appear at a March 28 congressional hearing made it a crime to disconnect her feeding tube - and threatened anyone who interfered with her testimony with jail.

In a statement issued by the majority leader's office, Frist said:

"Federal criminal law protects witnesses called before official Congressional committee proceedings from anyone who may obstruct or impede a witness’ attendance or testimony."

"More specifically," said the Senate's top Republican, "the law protects a witness from anyone who - by threats, force, or by any threatening letter or communication - influences, obstructs, or impedes an inquiry or investigation by Congress.

"Anyone who violates this law is subject to criminal fines and imprisonment," Frist said.

His comments appeared to be directed at Florida state judge George Greer, who brazenly defied the Enzi subpoena on Friday and ordered Schiavo's starvation to commence.

Frist's statement echoed comments by House Majority Leader Tom DeLay, who said late Friday that he intended to charge Greer with contempt of Congress.

"No little judge sitting in a state district court in Florida is going to usurp the authority of Congress," he complained.

Though legal experts disagree, Georgetown Law professor Paul Rothstein said the Schiavo subpoena was within the purview of Congress' authority.

"I think Judge Greer is making a legal mistake and is vulnerable," Rothstein told Newsday. "Provided that Congress is making legitimate investigations for making law, they have the power to seek evidence."

I don't care how you feel about the Schiavo case, or even if you think Congress should butt out. What we should agree on, though, is that we have a legal process in place, and an inferior judge cannot simply ignore laws he doesn't like. I know the left operates this way, but it doesn't make it legal.

And this judge may find out the hard way that there's a price to be paid for judicial activism. I hope he's jailed, or even worse, disbarred.