Posted by rogerhollander in Asia, History, Japan, Media, War.
Tags: bombing civilians, emily wang, Haruyo Nihei, hiroshima, history, mari yamaguchi, Masahiko Yamabe, nagasaki, roger hollander, tokyo bombing, tokyo firebombing, wlaine kurtenback, world war II
Roger’s note: governments and media parrot the lie that such barbarism was “necessary” in order to save lives (sic). I am sure Dante could find a special place in Hell for them. I just want to point out the murderous cycle of capitalist war profiteering. The same shareholders (of Dow Chemical, for example, the manufacturer of napalm gas) who finance and profit from the bloodbath fall in line to profit from the reconstruction. We see this today in Iraq, where during the initial stages of reconstruction of areas annihilated by US bombing, only US firms were allowed to bid for reconstruction contracts. As General Smedley Butler famously said, “War is a Racket.”
Mar 9th 2015 4:12AM
This photo shows initial destruction and reconstruction after the March 10, 1945 firebombing. (AP Photo/The Center of the Tokyo Raids and War Damage, Eugene Hoshiko)
TOKYO (AP) – It was not Hiroshima or Nagasaki, but in many ways, including lives lost, it was just as horrific.
On March 10, 1945, U.S. B-29 bombers flew over Tokyo in the dead of night, dumping massive payloads of cluster bombs equipped with a then-recent invention: napalm. A fifth of Tokyo was left a smoldering expanse of charred bodies and rubble.
Today, a modest floral monument in a downtown park honors the spirits of the 105,400 confirmed dead, many interred in common graves.
It was the deadliest conventional air raid ever, worse than Nagasaki and on par with Hiroshima. But the attack, and similar ones that followed in more than 60 other Japanese cities, have received little attention, eclipsed by the atomic bombings and Japan’s postwar rush to rebuild.
Haruyo Nihei, just 8 when the bombs fell, was among many survivors who kept silent. A half-century passed before she even shared her experiences with her own son.
“Our parents would just say, ‘That’s a different era,'” Nihei said. “They wouldn’t talk about it. And I figured my own family wouldn’t understand.”
Now, as their numbers dwindle, survivors are determined to tell their stories while they still can.
Where earlier raids targeted aircraft factories and military facilities, the Tokyo firebombing was aimed largely at civilians, in places including Tokyo’s downtown area known as “shitamachi,” where people lived in traditional wood and paper homes at densities sometimes exceeding 100,000 people per square mile.
“There were plenty of small factories, but this area was chosen specifically because it was easy to burn,” says historian Masahiko Yamabe, who was born just months after the war’s end.
Another departure from earlier raids: the bombers flew low.
“It was as if we could reach out and touch the planes, they looked so big,” said Yoshitaka Kimura, whose family’s toy store in downtown Tokyo’s Asakusa was destroyed. “The bombs were raining down on us. Red, and black, that’s what I remember most.”
Nihei, now 78, was mesmerized as she watched from a railway embankment.
“It was a blazing firestorm. I saw a baby catch fire on its mother’s back, and she couldn’t put out the fire. I saw a horse being led by its owner. The horse balked and the cargo on its back caught fire, then its tail, and it burned alive, as the owner just stood there and burned with it,” she said.
Firefighter Isamu Kase was on duty at a train parts factory. He jumped onto a pump truck when the attack began, knowing the job was impossible.
“It was a hellish frenzy, absolutely horrible. People were just jumping into the canals to escape the inferno,” said Kase, 89. He said he survived because he didn’t jump in the water, but his burns were so severe he was in and out of hospital for 15 years.
Split-second choices like that determined who lived and who died.
Kimura, a 7-year-old, escaped the flames as he was blown into the entrance of a big department store while running toward the Sumida River, where tens of thousands of people died: burned, crushed, drowned or suffocated in the firestorm.
Masaharu Ohtake, then 13, fled his family’s noodle shop with a friend. Turned back by firefighters, they headed toward Tokyo Bay and again were ordered back. The boys crouched in a factory yard, waiting as flames consumed their neighborhood.
“We saw a fire truck heaped with a mountain of bones. It was hard to understand how so many bodies could be piled up like that,” said Ohtake.
After about two hours and 40 minutes, the B-29s left.
Survivors speak of the hush as dawn broke over a wasteland of corpses and debris, studded by chimneys of bathhouses and small factories. Police photographer Koyo Ishikawa captured the carnage of charred bodies piled like blackened mannequins, tiny ones lying beside them.
“It was as if the world had ended,” said Nihei, whose father sheltered her under his body, as others piled on top and were burned and suffocated. All her family survived.
Michiko Kiyo-oka, a 21-year-old government worker living in the Asakusa district, survived by hiding under a bridge.
“When I crawled out I was so cold, so I was warming myself near one of the piles that was still smoldering. I could see an arm. I could see nostrils. But I was numb to that by then,” she said. “The smell is one that will never leave me.”
FIGHTING TO BE REMEMBERED
From January 1944-August 1945, the U.S. dropped 157,000 tons of bombs on Japanese cities, according to the U.S. Strategic Bombing Survey. It estimated that 333,000 people were killed, including the 80,000 killed in the Aug. 6 Hiroshima atomic-bomb attack and 40,000 at Nagasaki three days later. Other estimates are significantly higher. Fifteen million of the 72 million Japanese were left homeless.
The bombing campaign set a military precedent for targeting civilian areas that persisted into the Korean and Vietnam wars and beyond. But the non-atomic attacks have been largely overlooked.
“Both governments, the press, media, radio, even novelists … decided the crucial story was the atomic bomb,” said Mark Selden, a Cornell University history professor. “This allowed them to avoid addressing some very important questions.”
Survivors of the Tokyo firebombing feel their pain has been forgotten, by history and by the government. After the war, only veterans and victims of the atomic bombings received special support.
“We civilians had no weapons and no strength to fight,” Kiyo-oka said. “We were attacked and got no compensation. I am very dissatisfied with how the government handled this.”
No specific government agency handles civilian survivors of firebombings or keeps their records, because there is no legal basis for that, said Manabu Oki at the Internal Affairs and Communications Ministry.
Yamabe, the historian, said authorities “are reluctant to acknowledge civilian suffering from the wartime leaders’ refusal to end the war earlier.”
“If they don’t disclose such data, it can’t be discussed. If the victims remain anonymous then there’s less pressure for compensation,” said Yamabe, a researcher at the privately funded Tokyo Air Raid and War Damages Resource Center, Japan’s main source of information about the firebombings.
Some survivors now refuse to be anonymous. Nihei often travels from the distant suburbs to the Tokyo Air Raid center to share her story with students and other visitors.
Years ago, Ohtake began walking the city to draw up guide maps of areas destroyed by the bombings – maps the resource center now uses.
“The United States went too far with the firebombing, but I don’t quite understand why the Japanese government and the rest of the Japanese don’t talk about this very much,” he said.
“We are not just statistics. I don’t think we’ll still be around for the 80th anniversary,” Ohtake said. “So the 70th anniversary is pretty much the last chance for us to speak up.”
Associated Press writer Emily Wang contributed.
Posted by rogerhollander in Constitution, Criminal Justice, Jeb Bush, Right Wing.
Tags: 2016 election, bob schindler, jeb bush, jeff nguyen, michael kruse, michael schiavo, right to life, right wing, roger hollander, roman catholic, terri schiavo, terri's law
Roger’s note: I post this article so that you can get an idea of what kind of man is the very possible next US president. This is a well researched piece of investigative journalism, and the apparent reason for this labor is to warn of us of a possible future president who is an uncompromising ideologue who puts himself above the law. Now, I have no love for Jeb Bush, but I find something ironic in this.
Most presidents do in fact put themselves above the law and usually get away with it. Poor Dick Nixon put himself so far above the law that he ended up hoisted on his own petard. He is the exception. The current and penultimate president have taken this putting themselves above the law to new heights (including but not limited to brutal torture, drone missile mass murder and presidential kill lists). Tricky Dick would be envious. Irony number one, you can warn us all you want about Jeb Bush, but you can bet on the fact that whomever becomes the next president — from super-hawk Democrat Hillary Clinton to the wackiest of the Republican menagerie — will continue in this honored tradition.
Irony number two: as you will see, in the end Bush did in fact respect the law when all political channels had been exhausted, and, as you will also see, the nut case murderous pro-lifers (sic) saw him thus as a traitor to the cause.
Finally, thanks to Jeff Nguyen for posting this on his excellent Blog (www.deconstructingmyths.com).
Posted on January 19, 2015by Jeff Nguyen
Once in a while I come across an article that, in my not-so-humble opinion, is so outstanding, I want to share it with anyone who will listen. I especially enjoy long-form articles which can provide a venue for deep dives into genres such as creative nonfiction or narrative journalism. I would now like to present the Longform series…
Jeb ‘Put Me Through Hell’
By Michael Kruse
CLEARWATER, Fla.—Sitting recently on his brick back patio here, Michael Schiavo called Jeb Bush a vindictive, untrustworthy coward.
For years, the self-described “average Joe” felt harassed, targeted and tormented by the most important person in the state.
“It was a living hell,” he said, “and I blame him.”
Michael Schiavo was the husband of Terri Schiavo, the brain-dead woman from the Tampa Bay area who ended up at the center of one of the most contentious, drawn-out conflicts in the history of America’s culture wars. The fight over her death lasted almost a decade. It started as a private legal back-and-forth between her husband and her parents. Before it ended, it moved from circuit courts to district courts to state courts to federal courts, to the U.S. Supreme Court, from the state legislature in Tallahassee to Congress in Washington. The president got involved. So did the pope.
But it never would have become what it became if not for the dogged intervention of the governor of Florida at the time, the second son of the 41st president, the younger brother of the 43rd, the man who sits near the top of the extended early list of likely 2016 Republican presidential candidates. On sustained, concentrated display, seen in thousands of pages of court records and hundreds of emails he sent, was Jeb the converted Catholic, Jeb the pro-life conservative, Jeb the hands-on workaholic, Jeb the all-hours emailer—confident, competitive, powerful, obstinate Jeb. Longtime watchers of John Ellis Bush say what he did throughout the Terri Schiavo case demonstrates how he would operate in the Oval Office. They say it’s the Jebbest thing Jeb’s ever done.
The case showed he “will pursue whatever he thinks is right, virtually forever,” said Aubrey Jewett, a political science professor at the University of Central Florida. “It’s a theme of Jeb’s governorship: He really pushed executive power to the limits.”
“If you want to understand Jeb Bush, he’s guided by principle over convenience,” said Dennis Baxley, a Republican member of the Florida House of Representatives during Bush’s governorship and still. “He may be wrong about something, but he knows what he believes.”
And what he believed in this case, and what he did, said Miami’s Dan Gelber, a Democratic member of the state House during Bush’s governorship, “probably was more defining than I suspect Jeb would like.”
For Michael Schiavo, though, the importance of the episode—Bush’s involvement from 2003 to 2005, and what it might mean now for his almost certain candidacy—is even more viscerally obvious.
Jeb Bush speaks to reporters during a news conference about Terri Schiavo on March 18, 2005. | AP Photo
“He should be ashamed,” he said. “And I think people really need to know what type of person he is. To bring as much pain as he did, to me and my family, that should be an issue.”
November 10, 1984, is when they got married; February 25, 1990, is when she collapsed, early in the morning, in their apartment in St. Petersburg, for reasons that never were determined with specificity but had something to do with a potassium imbalance probably caused by aggressive dieting. Michael Schiavo woke up when he heard her fall. She was facedown, feet in the bathroom, head in the hall. He called 911. Police noted in their report “no signs of trauma to her head or face.” The ambulance raced to the closest hospital, but her heart had stopped, robbing her brain of oxygen, and the damage was catastrophic. A court named her husband her guardian that June. Her parents didn’t object. All of this was before Bush was elected. And after years of rehabilitation, of waiting for any sign of improvement and seeing none, Michael Schiavo decided to remove the feeding tube that kept his wife alive, saying she had told him and others she never would’ve wanted to be this way.
To this, Terri Schiavo’s parents objected. Bob and Mary Schindler, Catholics, argued that their daughter, also Catholic, would want to live, even so debilitated.
She had left no will. No written instructions. She was 26. To try to determine what she would have wanted, there was a trial, in the Pinellas County courtroom of circuit judge George Greer, in which Michael Schiavo relayed what she had told him in passing about what her wishes would be in this sort of scenario. Others did, too. She also had next to no chance of recovery, according to doctors’ testimony. Greer cited “overwhelming credible evidence” that Terri Schiavo was “totally unresponsive” with “severe structural brain damage” and that “to a large extent her brain has been replaced by spinal fluid.” His judgment was that she would not have wanted to live in her “persistent vegetative state” and that Michael Schiavo, her husband and her legal guardian, was allowed to remove her feeding tube.
“DONE AND ORDERED,” he wrote on February 11, 2000.
The St. Petersburg Times had covered the trial. Bush, a year and a month into his first term, started hearing about it almost immediately. Staffers replied at first with a variety of form responses.
“The Florida Constitution prohibits the Governor’s intervention in matters that should be resolved through the court system,” read one. But here’s what else it said: “As a concerned citizen, you have the opportunity to influence legislation pertaining to guardianship matters in cases similar to Terri’s. By contacting your local legislative delegation, such as your senator or representative, new legislation can be introduced. If such a bill ever comes before the Governor for signature, he will certainly remember your views.”
Bush couldn’t do anything. Laws didn’t let him. But that didn’t mean he didn’t want to. He did.
He heard from Terri Schiavo’s father in April 2001. “Allow me to introduce myself,” Bob Schindler wrote in an email. He told the governor his daughter had been “falsely depicted” as a “hopeless vegetable.” He told the governor she was indeed “responsive to family and friends.” “I desperately need your help,” he said, adding that “Terri’s case may be beyond your realm of authority”—Schindler knew it, too—“but I sincerely believe you could be helpful.”
Staffers didn’t respond to Bob Schindler’s email. The governor did.
Mr. Schindler, thank you for writing. I am asking that Charles Canady look into your daughter’s case.
Canady had been a Republican member of the United States House of Representatives. He later would be an appellate judge in Florida. He is now a state Supreme Court judge. At the time, though, he was Bush’s top staff attorney.
Meanwhile, the Schindlers appealed, asking for new trials, asking for delays, asking for Greer to recuse himself, asking to remove Michael Schiavo as her guardian based on unproven allegations of abuse and neglect and because he now was living with another woman with whom he had children, asking for new doctors who might make new diagnoses—and they were sufficiently successful to stretch the case into the summer of 2003. Media coverage had intensified, especially on conservative talk radio and websites, and activists convinced the Schindlers to violate a court order and post on the Internet snippets of videos of their daughter appearing to respond to what was going on around her. They also continued their zealous email campaign to attempt to prevent what they saw as imminent court-dictated murder. The top target of their efforts? Bush.
“I’m really limited on what I can do,” the governor reiterated to the conservative online publication World Net Daily in August. A judge had made a decision. Other judges had upheld the decision.
The emails flooded the governor’s inbox.
Bush responded by sending a letter to Greer. He acknowledged it was out of the ordinary. “I normally would not address a letter to the judge in a pending legal proceeding,” Bush wrote. “However, my office has received over 27,000 emails reflecting understandable concern for the well-being of Terri Schiavo.”
Greer said he respected the governor’s position. Then he put the letter with everything else in the already massive file.
“This isn’t his concern,” Michael Schiavo told reporters, “and he should stay out of it.”
He didn’t. Bush filed a federal court brief on October 7 supporting the Schindlers’ efforts. A judge said his court lacked the jurisdiction to do anything.
The feeding tube was to come out on October 15.
Bush met with the Schindlers. He told them his staff attorneys were conferring with experts on the Florida Constitution to see if he could intervene. “He does not have the authority to overrule a court order,” his spokesman told reporters.
The emails didn’t stop.
They came from all over the country. They begged him. They used capital letters. They used exclamation points. They told him to talk to God. They told him there were laws higher than man’s laws and that he, as a Catholic like Terri Schiavo, like her parents, should know that and should act on it and that he had to. “DO NOT LET HER DIE!!!” said a man from Michigan. “Let’s see what kind of compassionate conservative you really are,” said a man from Jacksonville. “If you have any aspirations for a higher office,” said a man from California, “don’t let this be the rallying cry for those who would oppose you.”
To most of them, he didn’t respond—to many, though, he did.
“It is very sad,” he wrote.
“I cannot issue an executive order when there is a court order upheld at every level in the judiciary. … I wish I could but I have no legal authority to do so,” he wrote.
“I am sickened by this situation and pray for her family. We have looked at every angle, every legal possibility, and will continue to do so,” he wrote.
The emails kept coming.
“I hope George W. Bush is president some day,” former Republican Party chairman Rich Bond told the late Marjorie Williams, writing for Talk magazine in September 2000. “I know Jeb will be.”
“I want to be able to look my father in the eye and say, ‘I continued the legacy,’” he told the Miami Herald in 1994.
That year, he ran for governor of Florida—as an ultra-conservative, a “head-banging conservative,” as he put it—and lost. In 1998, he ran again, sanding those hard-right edges—and won.
But one constant from the first campaign to the next and beyond: what Bush said he believed was the right role of government. “Government needs to be constrained,” he said in speeches in 1994. “We should be finding practical solutions where we provide incentives for people to take care of themselves.” “Our lack of self-governance is the single biggest reason we’ve seen the growth of government,” he said in 1995. “Good government,” he wrote that year in his book Profiles in Character, “is grounded in its limitations.”
In 1999, in his first inaugural address, he said, “let state government give families and individuals greater freedom”—also, though, “let state government touch the spiritual face of Florida.” In the speech, he mentioned “our Creator” and “the Divine Giver” and said “state government can draw much from these reservoirs of faith.” He was raised as an Episcopalian but became a Catholic because that’s how his Mexican wife grew up. It also suited his disposition. He wrote in Profiles in Character that he believed in the need for a “renewal of virtue” and “passing moral judgments.” He once said “the conservative side” of an issue is “the correct one” because “it just is.”
Bush, 6-foot-4 and stout, quickly established himself as the most powerful governor in Florida history, according to University of North Florida political science professor Matthew Corrigan and others. His ascension coincided with both houses of the state legislature being Republican majorities for the first time since Reconstruction. Voters also opted to alter the state constitution to shrink the size of the cabinet, leaving the governor, the position itself, with more executive power. Bush did a lot with it. He was reelected in 2002, easily, winning 61 of the state’s 67 counties. By this time, of course, his brother was the president.
“He didn’t get told no very often,” Corrigan said.
“My gift, perhaps,” Bush would say toward the end of his two-term tenure, in an interview with the Tampa Tribune, “is that with this office now, we’ve shown that governors can be activist …”
So on October 15, 2003, Terri Schiavo’s feeding tube came out. Judge’s orders. She would die within two weeks. This stage of the case looks in retrospect like the start of a test. Just how much power did Jeb Bush have?
HB 35E was filed after 8 at night on October 20. Many lawmakers already were gone for the day. Gelber, the state representative from Miami, put his suit back on at his apartment in Tallahassee and hustled back to the Capitol. Fellow Democrats gathered around as the attorney and former prosecutor began to read the bill one of Bush’s staff attorneys had helped to write.
“Authority for the Governor to Issue a One-time Stay …”
Gelber looked up.
“I don’t have to read anymore,” he said. “It’s clearly unconstitutional.”
“The governor can’t just change an order of the court,” Gelber explained this month. “It’s one of the most elemental concepts of democracy: The governor is not a king.”
The rest of the language described a situation involving a patient with no written will, in a persistent vegetative state, with a family conflict, whose feeding tube had been removed. Terri Schiavo. It gave the governor a 15-day window to step in.
“The courts have listened to sworn testimony and they have determined, court after court, one way,” said state Senator Alex Villalobos, a Republican from Miami.
But it passed in the House, and it passed in the Senate.
Bush signed it, and Chapter No. 2003-418, “Terri’s Law,” as it came to be known, was official less than 22 hours after it had been introduced. He then issued Executive Order 03-201. “The Florida Department of Law Enforcement shall serve a copy of this Executive Order upon the medical facility currently providing care for Theresa Schiavo,” it stated. A police-escorted ambulance whisked her from her hospice in Pinellas Park to a nearby hospital to have her feeding tube put back in.
“The citizens of Florida should be alarmed by what is happening,” George Felos, one of Michael Schiavo’s attorneys, told reporters. “This is not the former Soviet Bloc, where you don’t have the liberty to control your own body.”
Even one of the law’s architects up in Tallahassee expressed unease.
“I hope, I really do hope, we’ve done the right thing,” Republican state Senate president Jim King said. “I keep thinking, ‘What if Terri Schiavo really didn’t want this at all?’ May God have mercy on us all.”
Bush had no such qualms.
“I honestly believe we did the right thing,” the governor wrote to one emailer.
The emails poured in. Some chided him. More praised him.
One arrived with the subject line “Oh Great One!!” Another woman wondered: “How does it feel to be not only a child of God’s, but to actually feel His Hand guiding you and using you as an instrument to do His work on earth?” A husband and wife wrote to him from near Philadelphia: “I wish we lived in Florida and could support you directly—maybe you’ll run for President one day??”
“Yes,” said President George W. Bush, in late October, at a news conference in the Rose Garden, “I believe my brother made the right decision.”
“Terri’s Law” had mandated the appointment of a guardian ad litem, and Jay Wolfson, a respected lawyer and professor of public health at the Stetson University College of Law and the University of South Florida, issued his report in December. Wolfson had spent a month reading the court records, observing Terri Schiavo, meeting with Michael Schiavo and the Schindlers and their attorneys, and also the governor, who struck him as “a very intense, highly committed, very informed, faith-driven person who believed in doing the right thing, and doing so through the governor’s office.”
Left: A supporter of Terri Schiavo keeps vigil outside the hospice where she was being held in Pinellas Park, Florida. Right: Mary Porta prays for Terri Schiavo in Pinellas Park, Florida. | Getty Images
None of this was “easy stuff,” Wolfson noted in his report, “and should not be.” Nonetheless, he wrote, Terri Schiavo was in “a persistent vegetative state with no likelihood of improvement” and “cannot take oral nutrition or hydration and cannot consciously interact with her environment.” He wrote that the practically unprecedented amount of litigation consisted of “competent, well-documented information” and was “firmly grounded within Florida statutory and case law.”
In parts, too, Wolfson was prescient: “The Governor’s involvement has added a new and unexpected dimension to the litigation. It is reasonable to expect that the exquisite lawyering will continue, and the greatly enhanced public visibility of the case may increase the probability of more litigation, more parties entering as interveners, and efforts to expand the case into federal jurisdiction.”
Soon after that, the pope weighed in.
Without using the name Terri Schiavo, but clearly referring to her, John Paul II said “the administration of water and food, even when provided by artificial means, always represents a natural means of preserving life, not a medical act. Its use, furthermore, should be considered in principle, ordinary and proportionate, and as such morally obligatory …”
Back in Florida, though, the courts were focused not so much on what was “morally obligatory” but more on what was legally mandatory.
A circuit judge ruled Bush’s “Terri’s Law” unconstitutional.
“The court must assume that this extraordinary legislation was enacted with the best intentions and prompted by sincere motives,” W. Douglas Baird wrote in his ruling. He then quoted Daniel Webster, a lawyer and senator, who died in 1852: “It is hardly too strong to say that the Constitution was made to guard the people against the dangers of good intentions. There are men in all ages who mean to govern well, but they mean to govern. They promise to be good masters, but they mean to be masters.”
The Schindlers’ attorneys appealed. The Florida Supreme Court was up next.
Bob Destro, an attorney and professor at the law school at the Catholic University of America in Washington, joined Bush’s legal team and emerged from meetings with the governor thinking “this was something he felt very deeply about … that this was a decision that he made, personally, and that he saw this as a question of an injustice being done.”
The state supreme court judges listened to arguments the last day of August.
After the hearing was over, outside the courthouse in Tallahassee, Michael Schiavo angrily asked reporters about the whereabouts of Bush.
“If this was so important to the governor, where is he?” he said. He then got personal, referring to Bush’s daughter, Noelle, who had been arrested in 2002 after trying to buy Xanax with a forged prescription and then relapsed in rehab. “I can remember you sitting here in front of every one of these reporters with tears in your eyes when your daughter had problems,” he raged, “and you asked for privacy and you got it. Why aren’t you giving me my privacy and Terri her privacy?”
The seven state supreme court judges took less than a month to dismiss unanimously “Terri’s Law.”
“If the Legislature with the assent of the Governor can do what was attempted here,” chief justice Barbara Pariente wrote in her ruling, “the judicial branch would be subordinated to the final directive of the other branches. Also subordinated would be the rights of individuals, including the well-established privacy right to self-determination. No court judgment could ever be considered truly final and no constitutional right truly secure, because the precedent of this case would hold to the contrary. Vested rights could be stripped away based on popular clamor. The essential core of what the Founding Fathers sought to change from their experience with English rule would be lost …”
Bush told reporters he was “disappointed, not for any political reasons, but for the moral reasons.” He said he didn’t think it had been “a full hearing.” Legal analysts disagreed. They called the ruling a categorical rebuke of what Bush had done.
The governor responded by petitioning the U.S. Supreme Court to review the decision.
The words at the top of the docket of the country’s highest court were black-and-white blunt about what this had become: JEB BUSH, Governor of the State of Florida, v. MICHAEL SCHIAVO, Guardian: Theresa Schiavo.
The U.S. Supreme Court refused to review it.
“It means that the governor’s interference in this case has ended,” said Felos, Michael Schiavo’s attorney.
“This matter is now at an end for the governor,” said Ken Connor, another one of Bush’s attorneys.
It did not. It was not.
That week, Connor, the Bush attorney, sent an email to two of Bush’s staff attorneys. “Here is an op-ed I drafted for Dan Webster,” Connor wrote. Connor was active in social conservative causes and organizations. Webster was a Florida state senator, and this Dan Webster, not the lawyer and senator from the 1800s, had beliefs that couldn’t have been more different than those of his namesake.
The op-ed Connor had written ran under Webster’s name on Page 10A of USA Today on January 27, 2005. “By any definition, Terri Schiavo is alive,” the op-ed said. “She has now been issued a death sentence by the courts.” Serial killers, like Ted Bundy, it said, had more rights on death row than Terri Schiavo did at her hospice.
Connor talked on the phone with Dave Weldon, a Republican Congressman from Florida who also was a doctor. Weldon says Connor called him; Connor says it was the other way around—either way, it led to Weldon meeting with the Schindlers in Washington.
At left, Bobby Schindler attends a special session in Congress to express his sentiments before a right-to-die debate among senators and representatives. At right, activists pray in front of the U.S. Supreme Court for Terri Schiavo on March 24, 2005. | Getty Images
“They showed me some videos of them walking into her room and calling her name and her face lit up and she smiled,” Weldon, no longer in Congress, said this month. “They said, ‘She does that all the time, she’s not a vegetable,’ and they said a bunch of stuff about the husband and were very critical of him, that he had a new girlfriend or something like that. And I felt very compelled.” That, he said, is when he “got Mel Martinez involved.”
Martinez, then a Republican from Florida in the U.S. Senate, talked with Bush. “He’s been saying, ‘I’m not sure we can get it done here in Florida,’” Martinez told the Palm Beach Post. Martinez told Bush he and Bill Frist, at the time the Senate majority leader, were ready to do what they could in Washington but that it wouldn’t be easy.
On March 14, a woman from Clearwater named Pamela Hennessy, who had helped stoke the email onslaught that spurred “Terri’s Law,” emailed Bush, too. She attached a letter she had addressed to the hospice saying she intended to “file formal complaints” to the state Department of Children and Families. The hope was that the agency charged with protecting mainly kids and the elderly might intervene in this case.
Bush wrote back: “thank you Pamela.”
On March 18, in Pinellas Park, Terri Schiavo’s feeding tube was removed again.
“If she dies, I will kill Michael Schiavo and the judge,” a woman in California wrote on an AOL message board. “This is real!” She was arrested.
On a different message board, at blogsforterri.com, an anonymous poster called The Coming Conflict declared, “FL gun owners, it’s in your hands.”
Michael Schiavo and the mother of his two kids got letters addressed to their “Illegitimate Bastard Children” talking about how sometimes kids disappear.
Up in Washington, Congress debated the case of Terri Schiavo, searching for possible methods of federal intervention—with Frist and Speaker of the House Dennis Hastert, both of whom now say they don’t want to talk about it, vowing to work together through the weekend of Palm Sunday if necessary. A memo that came from Martinez’s office called it “a great political issue” for Republicans. Frist, a surgeon from Tennessee, said on the Senate floor that Schiavo didn’t seem to him to be in a vegetative state, based on his viewing of the Schindlers’ video snippets. Senator Rick Santorum from Pennsylvania called the removal of the feeding tube “a sentence that would not be placed on the worst criminal.” Majority Leader Tom DeLay led the way in the House. Santorum and Frist did in the Senate. Few members of Congress spoke against it. South Florida Congresswoman Debbie Wasserman Schultz was one. “There is no room for the federal government in this most personal of private angst-ridden family members,” she said. Republican John Warner from Virginia was the only senator to speak against it. Hillary Clinton from New York didn’t. Neither did Barack Obama from Illinois. A bill emerged from the Senate after midnight on March 21 that would let the Schindlers ask the federal courts to take another look at the decision made by the state courts.
President Bush flew on Air Force One from vacation in Crawford, Texas, back to Washington to sign it into law just after 1 in the morning.
“Our society, our laws and our courts should have a presumption in favor of life,” he said in a statement.
His brother issued a statement of his own: “I thank the Congress for its swift action allowing Terri’s parents to seek a federal review of the case.” He echoed the op-ed that had run in USA Today. “Certainly, an incapacitated person deserves at least the same protection afforded criminals sentenced to death.”
Michael Schiavo called the federal legislation “outrageous.” If politicians are allowed to meddle with him like this, he said, “they’ll do it to every person in this country.”
A federal judge in Tampa heard attorneys’ arguments for the justification of the relitigation of a case that had been up and down the judicial ladder for the better part of a decade. He said no. The federal legislation had failed. The feeding tube stayed out, and Terri Schiavo neared death.
Bush’s last-ditch effort involved the Department of Children and Families. Attorneys for the state agency made motions to intervene based on thousands of anonymous allegations of abuse against Terri Schiavo. Bush ordered the mobilization of officers from the Florida Department of Law Enforcement—in essence his own police force—and they readied to seize Terri Schiavo if a court order allowed it. “I requested that FDLE in concert with the Department of Children and Families be prepared to enter,” Bush told reporters, “if that was going to be the option available to us”—which it wasn’t, because judges said no. “We were ready to go,” a Bush spokesman told the Miami Herald. “We didn’t want to break the law.”
“I cannot violate a court order,” Bush told CNN on March 27.
People in his email inbox continued to plead with him to do exactly that.
“I do not have the authority that you suggest I have,” Bush responded to one of them. “Under your thesis of executive authority, should I shut down abortion clinics since I abhor abortion?”
On March 30, meanwhile, Bush called a woman in Tampa named Dawn Armstrong, whose husband, Staff Sgt. Robert Armstrong, had died of a heart attack two days before in Camp Shelby, Mississippi, while readying for deployment to Afghanistan. She emailed him later that night, thanking him for “the time you took out of your busy day to express your sorrow for the loss of my husband.”
On March 31, at 6:29 a.m., Bush responded. “Bless you Dawn,” he wrote. “Please let me know if I can be of assistance to you.”
Two and a half hours later, across the bay from Tampa, at the hospice in Pinellas Park, Terri Schiavo died.
Shortly after 12:30, Bush got another email from Dawn Armstrong. “I will be deriving strength from many sources—one source of strength is from you, Governor,” she wrote. “We have witnessed your steadfastness in the face of many challenges for a very long time now …” She continued: “May God grant us all the peace we so long for, in His perfect timing. Take care. I’ll be praying for you and your administration.”
Later that night, just before 9, Bush wrote back.
you are making me cry. Maybe it is the day with Terri’s death. I don’t know but the fact that you would write what you did given your loss, makes me thank God Almighty that there are people like yourself. I am nothing.
Let me know how I can ever be of help to you and your family.
Terri Schiavo’s death did not spell the end of the governor’s intervention in her case.
One email suggested the firing of Greer.
“I will look into this,” the governor responded.
In an email to one of his staff attorneys, less than 48 hours after the death, Bush asked about her autopsy. “We need to get the details of the autopsy,” he wrote, “meaning what was done if possible.”
The staff attorney responded: “I got an update this morning from FDLE. Six board certified examiners participated. They were attuned to the issues involved. Are working on their reports.” She added: “Santorum’s office called me yesterday …”
In early May, Bush gave a speech in Savannah, Georgia, at the state’s Republican convention, in which he stressed that the party had to be uncompromising in what he saw as “a time of moral ambivalence.”
“There is such a thing as right and wrong,” he said. “Republicans cannot continue to win unless we talk with compassion and passion about absolute truth.”
Saxby Chambliss, then a senator from Georgia, followed by telling the crowd he wanted this Bush to be the next Bush in the White House. He asked the people what they thought. They hollered their approval.
In June, the medical examiner released Terri Schiavo’s autopsy, which confirmed what the judges had ruled for years based on the testimony from doctors concerning her prognosis. Her limbs had atrophied, and her hands had clenched into claws, and her brain had started to disappear. It weighed barely more than a pound and a third, less than half the size it would have been under normal circumstances. “No remaining discernible neurons,” the autopsy said. She couldn’t see. She couldn’t feel, not even pain. Forty-one years after her birth, 15 years after her collapse, Terri Schiavo was literally a shell of who she had been.
Bush read the autopsy—then wrote a letter to the top prosecutor in Pinellas County. He raised questions about Michael Schiavo’s involvement in her collapse and about the quickness of his response calling 911. “I urge you,” the governor wrote to Bernie McCabe, “to take a fresh look at this case without any preconceptions as to the outcome.”
McCabe, a Republican, responded less than two weeks later, saying he and his staff “have attempted to follow this sound advice”—without any preconceptions—“unlike some pundits, some ‘experts,’ some email and Web-based correspondents, and even some institutions of government that have, in my view, reached conclusions regarding the controversy …” McCabe’s assessment: “all available records” were “not indicative of criminal activity.”
Bush relented. “I will follow your recommendation,” he wrote to McCabe, “that the inquiry by the state be closed.”
Michael Schiavo buried the ashes of his wife in a cemetery not far from his house.
Today, looking back, what makes Felos, the attorney for Michael Schiavo, angriest about the case is Bush’s letter to McCabe. Even after 18 months of legal wrangling, even after her death, even after the autopsy—after all that—the governor asked a prosecutor to initiate a retroactive criminal investigation of his client. It struck Felos as “odd,” “bizarre”—“personal.”
Michael Schiavo at home. “He should be ashamed,” Schiavo said of Jeb Bush. “To bring as much pain as he did, to me and my family, that should be an issue.” | Maggie Steber/Redux for POLITICO Magazine
“It was such an abuse of authority,” Felos said. “I think that really raises red flags about his character and his fitness to be president. Jeb didn’t get his way in the Schiavo case. I think he tried to take it out on Michael.”
That, Michael Schiavo said this month, is what makes Jeb Bush “vindictive.” “Knowing that he had no standing in this, he made it worse for everybody,” he said. “He made life, for a lot of people—the nursing home people, the local police, lawyers—he made everybody miserable.”
What makes him “untrustworthy,” he said, is that he fought the courts as long as he did just because he didn’t like the decisions they kept making. “I wouldn’t trust him in any type of political office,” he said.
But for the now former governor of Florida, the second son of the 41st president, the younger brother of the 43rd, the man who sits near the top of the extended early list of likely 2016 Republican presidential candidates — what makes him a “coward,” Michael Schiavo said, sitting on his brick back patio, is that they’ve still never talked.
Bush has never said he’s sorry. He wasn’t. What he was sorry about is how it turned out. “I wish I could have done more,” he told reporters the day of the death.
Other politicians have said they’re sorry, though, Michael Schiavo said. “I’ve had politicians come to my home and apologize to me for what they did to me.” Names? “No names.” But he mentioned Barack Obama and something he said during a debate in Cleveland with Hillary Clinton during the Democratic presidential primaries in early 2008. The question was about what he’d like to have back.
“Well, you know, when I first arrived in the Senate that first year,” Obama said, “we had a situation surrounding Terri Schiavo. And I remember how we adjourned with a unanimous agreement that eventually allowed Congress to interject itself into that decision-making process of the families.
“It wasn’t something I was comfortable with, but it was not something I stood on the floor and stopped. And I think that was a mistake, and I think the American people understood that was a mistake. And as a constitutional law professor, I knew better.”
Did Obama apologize to Michael Schiavo? In a call? At his house? “I can’t comment on that,” Schiavo said with a smile.
“But I never heard from Jeb,” he said.
What would Jeb Bush say to Michael Schiavo now? Nothing. He didn’t want to talk about the Schiavo case for this story.
What would Michael Schiavo, though, say to Jeb Bush?
“Bring it on,” he said. “Come visit me. I’m asking you. Almost 10 years later and I still haven’t heard from you.
“Was he afraid to meet with me? To see me? Why? That’s what burns me. You got so much to say—but where are you? You lost against this little ordinary man from Philadelphia. You lost. And then to continue on? Unspeakable.
“Why? Give me an answer. Why? Why? What was Terri Schiavo to you? Why? Tell me why. Why do you think you had the right to be involved? Why would you put me and my family through hell? And what did you gain from that? And after you lost, why did you pursue it? What did you gain from that?”
The emails didn’t stop.
“Please do not run for President of the United States,” a man from Goshen, Connecticut, wrote. “If you cannot protect the life of an innocent woman in Florida, how can I expect you to protect the United States of America as Commander in Chief?”
The governor also heard from people like Rick Warren. “On behalf of everyone who truly understood the issues, thank you for doing all you could for Terri Schiavo,” the evangelical megachurch pastor and author of the bestselling book The Purpose Driven Life wrote to Bush in an email. “It’s a sad ending but you lead the right side with courage and conviction. I’m proud to call you my friend.”
“Thank you so much,” Bush responded. “You have lifted my spirits.”
Bobby Schindler, Terri Schiavo’s brother, emailed to say that “in time everyone in my family will understand your situation and that you were doing your best …” “I think he probably did as much as possible within his jurisdiction at the time,” he added this month.
“I found him to be a person of principles, and I hold his actions in the Schiavo case in esteem,” said David Gibbs III, one of the Schindlers’ attorneys. Gibbs said that as “a devout Catholic,” Bush was “very personally bothered” by the case and that the governor felt what he did “was the right thing to do.”
Polls showed majorities of people in Florida and around the country disagreed. They objected to his intervention as well as the ensuing flurry of federal involvement. Some of the most fervent believers in what he had done turned on him because of what he had not. They said he “blinked.” “He failed us miserably with Terri Schiavo,” Troy Newman, president of the anti-abortion group Operation Rescue, said this month. “If Jeb had acted, Terri Schiavo would be alive today.”
Still, said Connor, the Bush attorney, “I never, ever heard Jeb Bush waver in the midst of the political fallout. He was steadfast.”
That’s what bothers his critics.
Maggie Steber/Redux for POLITICO Magazine
“He doesn’t accept loss. He doesn’t accept that the answer is no. He couldn’t possibly consider that he may be wrong,” Wasserman Schultz said this month. “If he had the chance to be president, he’ll do what he’s always done—he’ll do everything he can to implement his very rigid, ideological view of how the world should be. Voters are going to have to ask: Do you want a president who thinks the executive, the president, is supreme, above all else? It’s frightening to think about what he could do with that kind of power as president.”
“Trying to write laws that clearly are outside the constitutionality of his state, trying to override the entire judicial system, that’s very, very dangerous,” said Arthur Caplan, a New York University bioethicist who edited a book about the Schiavo case. “When you’re willing to do that, you’re willing to break the back of the country.”
“It was appalling,” said Jon Eisenberg, one of Michael Schiavo’s attorneys and the author of The Right vs. the Right to Die. “And I think it’s important for people to understand what Jeb Bush is willing to do. It’s important for people to know who Jeb Bush is, and the Terri Schiavo case tells us a great deal about who Jeb Bush is.”
The Jebbest thing Jeb’s ever done hasn’t been an issue so far in Bush’s pre-campaign because it won’t help his potential opponents in the primaries. They’re trying to paint him as a moderate. This demonstrates the opposite.
“People who agree he’s a conservative point to the Schiavo case,” Florida International University political science professor Dario Moreno said this month.
So most of the talk has touched on his more measured stances on immigration and Common Core. He’s been portrayed as a cerebral policy wonk in contrast to his father, the solicitous writer of thank you notes, and his brother, the clownin’-around worker of rooms. This bloodless depiction, though, ignores the intensity, the vehemence, the practically gladiatorial certitude with which he pursued what he wanted in the Schiavo case, and more generally the fervid way in which he believes in what he believes—that “absolute truth” he talked about in his speech in Savannah, two months after the death of Terri Schiavo, and one month before he asked the prosecutor to investigate her husband.
(Source: POLITICO Magazine)