Friday, March 18, 2005

abusing the subpoena

from mustang bobby, i learned of congressional republicans attempt to keep terri schiavo from being taken off of life support today. quoting an article in the toledo blade:
Senate Republicans embroiled in the life-or-death legal battle over the severely brain-damaged Terri Schiavo invited the Florida woman to testify to Congress in a procedural move intended to keep her on life support.

The Senate Health Committee has requested that Terri and her husband Michael appear at an official committee hearing on March 28. A statement from the office of House Majority Leader Bill Frist, R-Tenn., today said the purpose of the hearing was to review health care policies and practices relevant to the care of non-ambulatory people.

Frist’s statement noted that it is a federal crime to harm or obstruct a person called to testify before Congress, thus stopping any action that could threaten the health of the woman.
considering that schivo is equally unable to testify whether her life support is disconnected or not, this ploy shouldn't work.

but if it somehow does, think of the possibilities! members of the minority party in congress can issue subpoenas too. what if, when debating a "partial-birth" abortion bill, democrats subpoena a fetus? sure, federal law only makes it a crime to obstruct a "person" from testifying, but do you think the republicans will actually argue that a fetus is not a person? and there are probably all kinds of comatose people who will be affected by the president's proposed medicaid cuts. why not subpoena them?

if physical ability to testify is not a prerequisite for congressional subpoenas to be enforced, with a little creativity you can use it to stop almost anything