Were Republicans Just Bluffing?

Dave Eberhart over at Newmax asks a very salient question: What ever happened to those congressional subpeonas?

Congress and the Bush Administration could still save Terri Schiavo – if they would simply enforce legal subpoenas that were issued last week demanding that Congress be allowed to interview Terri and others in the controversial matter. Those congressional subpoenas, however, have been wantonly ignored by a Florida state judge and local authorities in a brazen act.

But experts say they could still be enforced by federal marshals if the U.S. Justice Department sought to act. These all-but-forgotten subpoenas - if finally honored - could still force authorities to preserve the life of Schiavo, without question the most vital witness in hang-fire Congressional hearings delving into her treatment and the treatment of all incapacitated adults.

So why haven’t the same Bill Frist and Tom DeLay who were issuing threats of jail time against Judge George Greer for his defiance of the law just six days ago followed through on them in the slightest?

Good question.

So far all they’ve done is judge-shop:

Instead of immediately moving to hold Greer and all subpoenaed parties in contempt of Congress after the Judge and others clearly had tampered with the witness and evidence, that is the feeding tube was removed, the House committee asked another lower state court to recognize the subpoena.

The House committee also quietly asked the U.S. Supreme Court to order the feeding tube reinserted while it appealed in lower courts to have its subpoenas recognized.

The Supreme Court would not issue such an order.

One could conclude that GOP leaders’ first mistake was relying on the federal courts to be any more honorable or ethical than their Florida counterparts. De novo review of the facts in the Schiavo case was one thing, and definitely necessary, but the imperative – indeed, the raison d’etre of the entire exercise last weekend – was to get that feeding tube reattached. Since the federal judiciary has now punted, the only other alternative is to enforce these subpoenas and send U.S. marshals to take Mrs. Schiavo into protective custody.

And yet:

In fact, Congress has failed to begin even the most preliminary step – the reporting of a resolution declaring subpoenaed parties in contempt of Congress.

I’ve tended to agree with Jim Geraghty that this unspeakable episode won’t change the political alignments much, if any, and that to the extent it did it would be to the further detriment of the Deathocrats. But Hill ‘Pubbies may be starving themselves between the proverbial two bales of hay. By issuing blustering high-profile threats a week ago and then quietly and meekly slinking away from them now, Frist and DeLay and the boys run the risk of making themselves look impotent in the face of a “little judge sitting in a state district court in Florida.” And if they won’t ultimately cross Judge Greer – who obviously thought they were bluffing – what credibility does that leave them when going up against Dirty Harry, Crazy Nancy, and co., who most certaintly aren’t bluffing in their scorched earth threats on judges, Social Security reform, etc.?

If Frist and DeLay’s bold posturing was designed to play to the GOP base, it seems almost impossibly stupid for them to be sitting on their hands now. If it was designed to save Terri Schiavo, it makes even less sense, because she’s been shriveling up for almost a week and hasn’t much time left.

I’m afraid that for Republicans, this is a case of “in for a penny, in for a pound.”

And “folding” isn’t an option.