Whenever a government witness is placed in danger, a government attorney may apply for the services of the federal Witness Protection Program in order to protect a witness against dangers that may be related to the witness� testimony.
Such would seem to apply to the case of Terri Schindler-Schiavo who has been subpoenaed to testify as part of a Congressional investigation.
However, Terri Schiavo is in her fifth day without food and water, ordered to die by Florida�s Sixth Judical Circuit Court Judge George W. Greer.
The U.S. Department of Justice has also filed a statement of interest brief representing the interests of the Bush Administration and have also requested a preliminary injunction to restore nutrition and hydration to Terri.
According to knowledgeable sources within the Department of Justice, Terri Schiavo could be immediately placed into the protection of the federal government under the Witness Security Program Act of 1984.
On Friday morning, March 18, prior to the scheduled execution of Greer�s death order, the House Committee on Government Reform issued subpoenas ordering the appearance of Terri Schiavo, the neurologically impaired woman who has been sentenced to die by starvation and dehydration, to appear as a witness at a Congressional hearing March 28 in Washington on health care issues.
A Senate health care committee had requested her appearance by letter. Her estranged husband and guardian, Michael Schiavo, who had asked Greer for the death order, was also subpoenaed to appear as were Terri�s physicians and administrator of the Pinellas Park hospice where she resides.
Federal criminal law protects witnesses called before official Congressional committee proceedings from anyone who may obstruct or impede a witness� attendance or testimony.
Greer�s death order certainly does that and according to government attorneys, the issuance of the federal subpoenas and Greer�s defiance of them Friday made it a crime to discontinue her nutrition and hydration.
More specifically, the law protects a witness from anyone who---by threats, force or by any threatening letter or communication�influences, obstructs or impedes an inquiry or investigation by Congress. Anyone who violates this law is subject to criminal fines and imprisonment..
SEQ CHAPTER \h \r 1The Witness Security Reform Act of 1984 extends the authority of the U.S. Attorney General established as part of the Organized Crime Control Act of 1970 to provide protection and security by means of relocation for persons who are witnesses in official proceedings brought against persons involved in organized criminal activity or other serious offenses where it is determined that an offense described in Title 18, United States Code, Chapter 73 (obstruction of justice) or relating to a similar State or local offense involving a crime of violence directed at a witness is likely to occur. The Act also sets forth the authority by which the Attorney General may provide protective services to certain relatives and associates of protected witnesses. In this regard, 28 U.S.C. 524 authorizes the use of the U.S. Department of Justice appropriations for the payment of "compensation and expenses of witnesses... at the rates authorized or approved by the Assistant Attorney General for Administration."
SEQ CHAPTER \h \r 1A witness may be considered for acceptance into the Witness Security Program if they are an essential witness in a specific case of the following types:
A. Any offense defined in Title 18, United States Code, Section 1961(1) (organized crime and racketeering);
B. Any drug trafficking offense described in Title 21, United States Code;
C. Any other serious Federal felony for which a witness may provide testimony that may subject the witness to retaliation by violence or threats of violence;
D. Any State offense that is similar in nature to those set forth above; and
E. Certain civil and administrative proceedings in which testimony given by a witness may place the safety of that witness in jeopardy.
SEQ CHAPTER \h \r 1The Witness Security Reform Act of 1984 authorizes the Attorney General to provide protection to State and local witnesses. If such a request is received, the State is asked to reimburse the United States for expenses incurred in providing protection, and to enter into an agreement in which the State agrees to cooperate with the Attorney General in carrying out the provisions of the Witness Security Reform Act. . If the State or local witness is under State or local supervision, the supervising agency must agree to transfer jurisdiction and supervision to Federal supervising authorities, prior to the witness's acceptance into the Witness Security Program.
Requests from State or local authorities should be directed to the appropriate United States Attorney and should contain all of the information normally required in a Federal witness's Witness Security Program application. The United States Attorney should review the application and furnish his/her recommendation to OEO for consideration.
Such a request could come from Florida�s Gov. Jeb Bush as well as the Florida Attorney General Charlie Crist, U.S. Attorney General Alberto Gonzalez or the U.S. Attorneys representing the Department of Justice in the Schiavo case.
SEQ CHAPTER \h \r 1The Witness Security Reform Act provides that the Attorney General may delegate the authority to place individuals into the Witness Security Program to the Deputy Attorney General, the Associate Attorney General, the Assistant Attorneys General of the Criminal and Civil Rights Divisions, and one other person.
SEQ CHAPTER \h \r 1 If it is determined that a witness is in imminent danger of harm and the investigative agency is not able to provide the necessary protection, emergency Program protection may be authorized by Office of Enforcement Operations and provided by the US Marshall�s Service before completion of the written risk assessment and all parties have entered into a Memorandum of Understanding. However, before this emergency protection can occur, the Marshall�s Service must first conduct a preliminary interview to ensure that there are no obstacles to temporary relocation. The assessment and Memorandum of Understanding must be completed as soon as practicable following the authorization for emergency protection.
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