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Senator Santorum believes Congress can ORDER the Judicial branch around!

Reported by Chrish - March 22, 2005

John Gibson disclosed on The Big Story today 3/22 that at least one member of Congress believes they hold dictatorial powers.

Discussing the recent events in the Schiavo right-to-die case, Judge Andrew Napolitano and former US Attorney Joseph DiGenova appeared to be in agreement that it is unlikely that the Appeals Court will overturn the other courts and Di Genova took the opportunity to underscore the importance of drawing up a living will.

Gibson then said he had talked to PA Senator Rick Santorum "who was just, spittin' mad at the judge in Florida saying 'We sent him an order, Congress sent him an order, to listen to this case again, to reconsider anew the case." Napolitano and DiGenova were both laughing and Napolitano quickly set the record straight that the judiciary does not take orders, they are seperate and equal. Napolitano went on to say "It sounds like Senator Santorum thought Congress could tell this judge that 'you shall order the feeding tube back in, and you shall reverse the State court. It didn't, and it couldn't."

Comment: Gibson did his best to convey Santorum's indignation, but the lawyers' dismissal of it characterized it as absurd. Santorum's ignorance and arrogance are frightening.

The judge and the attorney continued to answer questions from Gibson speculating on the outcome of the case; both agreed the law has been followed, the 11th Circuit will uphold the earlier ruling, and the SCotUS will refuse, for the third time, to hear the case.

Gibson then said he had invited DiGenova on because there was an article in the latest New Yorker Magazine profiling Antonin Scalia, and it references a close friendship between the two (DiGenova and Scalia). Gibson asks DiGenova what Scalia would say about this case, in his opinion. This gave DiGenova an opportunity to endorse Scalia as brilliant and moral, with Napolitano adding that Scalia believes "life begins at conception and doesn't end until 'the creator' takes it".

Comment: Clever use of a friend to put in a plug for Scalia. It's never too soon to start selling for Bush on Fox.

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