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Fox - Guardianship Does Not Matter - Facts decide the Case

Reported by Ellen - March 23, 2005

Today on Studio B with Shepard Smith, he once again spoke with Judge Andrew Napolitano regarding the Terri Schiavo case. Just as they have done since Monday, they discussed the 'facts' of the case.

Basically, they both agreed that it didn't matter who was the 'guardian' of Terri Schiavo, the courts have already decided that the facts of the case are as follows:

1) By the letter of the law, Terri Schiavo is a 'vegetable' (Shepard's Smith's words, not mine) and

2) By the letter of the law, it has been found that Terri Schiavo made the 'choice' that she did not want to stay alive by means of artificial respiration or feeding tube.

The second one was verified by her husband, a few relatives and friends.

The whole point of this is that these two statements have ruled that these are 'facts of law', therefore there is no use in speaking about her husband's guardianship, the court believes these two statements to be the 'facts'. When they 'rule' they are ruling in respect to 'Terri's wishes', which are now facts, according to the law.

A little later on Judge Andrew Napolitano pointed out that Rick Santorum had spoke with John Gibson and that they had 'ordered' the Federal Court to put Terri Schiavo's feeding tube back, just as News Hound, Chrish reported. Again, Judge Napolitano said, 'You know what? Congress 'can't' (his emphasis) order the Federal Courts.'

Comment: This is the third report this week on Studio B where Smith and Napolitano have 'stuck' with the 'facts of the case'. We've given due, but maybe Rick Santorum and John Gibson should understand the concept of 'equal but seperate'. Also, the above have been found as 'facts of law' to the courts. People should keep this in mind when commenting.

Reported by: Donna

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