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Judge Malihi Rules Against Plaintiffs: Says Obama Born In Hawaii Therefore Natural Born Citizen
BirtherReport.com ^ | 2/3/2012 | Kevin Powell

Posted on 02/03/2012 2:19:38 PM PST by GregNH

We just spoke with plaintiff Kevin Powell and he reports Judge Malihi has ruled against the Plaintiffs and stated in his order that Obama was born in Hawaii and therefore Obama is a natural born Citizen.

(Excerpt) Read more at obamareleaseyourrecords.blogspot.com ...


TOPICS: Government
KEYWORDS: birthcertificate; certifigate; ga; georgia; malihi; naturalborncitizen; obama
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ping


201 posted on 02/03/2012 4:19:35 PM PST by bitt (Socialism works great until you run out of Chinese money.)
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To: Drew68

>>...It never did. This was just some garbage that birthers made up...<<

Legally through court precedence and in defiance of common-sense, perhaps “NBC” is defined oddly.

If Canadian parents snuck over the border just long enough to drop a kid, what birthright citizenships and allegiances could that child claim? Perhaps Canadian and US?

If a child was born in the US of one US citizen and one German citizen, what birthright citizenships and allegiances could that child claim? Perhaps German and US?

If a child is born on US soil of two US citizens, what other birthright citizenships and allegiances could that child **possibly** claim? I’d say that child was *NATURALLY* a US citizen with *NO* other natural birth allegiances.

To argue that the founding fathers, intended for anyone with a foreign birth allegiance to become POTUS is silly in the extreme, else why differentiate between “Natural Born Citizen” for President and just “Citizen” otherwise? It’s similar mental gymnastics that gun-haters attempt when they try to define the word “People” in the phrase “the right of the people” in the 2nd amendment as meaning something entirely different than the word “people” in any other amendment.

You may feel the courts are infallible. I don’t. It’s too easy to prove they defy common sense in many occasions. “Wickard v. Filburn” anyone?


202 posted on 02/03/2012 4:20:06 PM PST by jaydee770
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To: Tex-Con-Man; BuckeyeTexan
The NBC birthers are still refusing to acknowledge the politics of all this.

Of course we understand the political aspects idiot.

Just like we did in Kelo, Lawrence, Filburn, Dred Scott and a host of many others.

You don't think those decisions had a political component as well?

Does that make them the right decisions?

What other issues should we just remain silent on because there are political ramifications....obamacare?

Will you celebrate that win for obama too because it was political?

Pffft.

203 posted on 02/03/2012 4:20:43 PM PST by Las Vegas Ron (Rush Limbaugh = the Beethoven of talk radio)
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To: Longbow1969
Geeze, get over the birther stuff already.

Why is it you are ALWAYS on a NBC thread and telling others to get over it? Why are you so obsessed about it?

Obama is a crappy president and can be defeated by talking about real issues.

Oh gee, a crappy president. What are you doing here? And who the h*** would want to talk to you about any issue. It's good when posters expose who they are.

204 posted on 02/03/2012 4:21:08 PM PST by presently no screen name
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To: All

Gingrich has pledged that he will clean up the judicial system. Here is a chance for him to show he means it -

In GA, obama shows utter contempt to the court in the ballot access challenge. He failed to show up as ordered. He went around the court to pressure the SOS!

This is a nation of laws. NO ONE is above the law. Obama has been utterly contemptuous towards our laws!

Gingrich must blast obama’s lawlessness! If he is too cowardly to hold obama to his lawlessness he is not serious about revamping the justice system!

Please write to Gingrich. All he has to do is, at the next debate, cite the fact that obama shows utter contempt to the court by not showing up as summoned on 1/26/12 to show why he should have access to the GA ballot.
NO president has ever shown such contempt for the court/law!

Gingrich will get standing ovation for doing that! And shock them all!!!


205 posted on 02/03/2012 4:22:00 PM PST by chrisnj
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To: GregNH

Treasonous globalist complicit idiots.

I wonder how many are . . . members of a secret society.


206 posted on 02/03/2012 4:24:37 PM PST by Quix (Times are a changin' INSURE you have believed in your heart & confessed Jesus as Lord Come NtheFlesh)
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To: Danae

The Constitution is dead.

Freedom is dead.

I’ve had a bad day and this is just the perfect ending./sarc

Glad I’ve got more years in back of me than in front.


207 posted on 02/03/2012 4:25:04 PM PST by Hang'emAll (Ride to the sound of the guns!)
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To: GregNH
I am a realist. Obviously, our entire political system, the conservative and Marxist media, Law enforcement, and our highest military are utterly corrupt. An oath means nothing to them. Millions of our citizens are willing to vote for a Marxist with a completely unknown history.

So...The thing to do is prepare for when the SHTF, because it is inevitably coming. The only glue that has held our nation's experiment in self-rule together is the basic morality, honesty, and good will of the citizenry. That glue is no longer there.

208 posted on 02/03/2012 4:25:17 PM PST by wintertime (I am a Constitutional Restorationist!!! Yes!)
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To: GregNH
“The flag should never be displayed with the union down, except as a signal of dire distress in instances of extreme danger to life or property.”

I REPEAT-

“The flag should never be displayed with the union down, except as a signal of dire distress in instances of extreme danger to life or property.”

209 posted on 02/03/2012 4:25:17 PM PST by freepersup (Hi, I'm Michael Jablonski, and right about now my you know what is tighter than a tree's rings.)
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To: jaydee770

What kind of name is Malihi? Hawaiian?


210 posted on 02/03/2012 4:25:25 PM PST by Mashood
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To: outhousepatrol
Malihi, a RAT Judge........we should have known better, a Zell Miller appointee.

Sh!t, no judge is going to touch this. Not Scalia, Roberts, Thomas, Alito and certainly none of the other panty waste.

Face it, we're experiencing a coup and no one in power has the fortitude to stand up.

211 posted on 02/03/2012 4:25:25 PM PST by Las Vegas Ron (Rush Limbaugh = the Beethoven of talk radio)
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To: presently no screen name
Why is it you are ALWAYS on a NBC thread and telling others to get over it? Why are you so obsessed about it?

Because he/they are GOP-E or worse.

212 posted on 02/03/2012 4:27:20 PM PST by Red Steel
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To: Las Vegas Ron

No body will stand up because they know as someone else posted earlier, cities will burn. They don’t want to be plastered by the lamestream to be responsible for that.


213 posted on 02/03/2012 4:27:26 PM PST by Mmogamer (I refudiate the lamestream media, leftists and their prevaricutions.)
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To: GregNH; All

Mark Hatfield, one of the attorneys who, along with Van Irion, focused on the issue of the definition of “natural born citizen,” said the judge ignored the issue of burden of proof.

“If Obama has the burden of proof, and failed to show up, clearly he didn’t carry the burden,” he told WND. “The judge here completely ignores that.”

He also noted it was highly unusual for a judge to reach into another state’s repository of court rulings to fetch something that would be supportive of the result when the U.S. Supreme Court itself has made a determination.

He said he’s hoping the Georgia secretary of state will evaluate the issue carefully, but he’s prepared to take the dispute to the appeals level.

http://www.wnd.com/2012/02/judge-says-obama-can-be-on-georgia-ballot/


214 posted on 02/03/2012 4:28:09 PM PST by Hotlanta Mike (TeaNami)
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To: BuckeyeTexan
that the Defendant is a U.S. Citizen, and that the Defendant was Constitutionally-qualified to serve as a U.S. Senator.

. US citizen doesn't mean natural born and one doesn't have to be a natural born to be a senator.

215 posted on 02/03/2012 4:28:36 PM PST by presently no screen name
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To: Red Steel

No, Red, he didn’t screw up. The whole basis of Irion’s argument on the definition of NBC was based on the fact that Senior is listed on the Hawaiian BC as Junior’s father. He submitted the BC into evidence and pointed out that Senior was born in Kenya. Then he moved on to the immigration records to establish that Senior was not a U.S. citizen.


216 posted on 02/03/2012 4:29:00 PM PST by BuckeyeTexan (Man is not free unless government is limited. ~Ronald Reagan)
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To: Wurlitzer
Seems the judge chose to ignore that it is the Parentage NOT the physical location of birth which determines if one qualifies for "Natural Born Citizen" You CANNOT be a "Natural Born Citizen" if one of your parents is a Keynan.

No, it only means the judge ignored the made-up birther definition.

217 posted on 02/03/2012 4:29:00 PM PST by Drew68
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To: uncbob

I don’t.


218 posted on 02/03/2012 4:29:33 PM PST by sport
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To: jaydee770
To argue that the founding fathers, intended for anyone with a foreign birth allegiance to become POTUS is silly in the extreme, else why differentiate between “Natural Born Citizen” for President and just “Citizen” otherwise?

They did it to exclude naturalized citizens. They were thinking of the situation, which was not uncommon in those days (think of William and Mary), of the royalty from one country coming to another country to rule.

219 posted on 02/03/2012 4:30:40 PM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Bronzy

If the “judge” was previously willing to rule for the plantiffs because Hussein was too busy extorting campaign funds to show, and now ruled in his favor, it means that someone got to him big time. That also means that regardless of how the vote goes in November, Hussein has no intention of vacating the office he usurps. The fix is in.


220 posted on 02/03/2012 4:30:51 PM PST by The Sons of Liberty (Psalm 109:8 Let his days be few and let another take his office. - Mene, Mene, Tekel, Upharsin)
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To: presently no screen name

And I’m not arguing anything to the contrary. I provided that statement as evidence that Irion did indeed stipulate to Obama’s birth in Hawaii. Nothing more, nothing less.


221 posted on 02/03/2012 4:32:00 PM PST by BuckeyeTexan (Man is not free unless government is limited. ~Ronald Reagan)
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To: jaydee770
Forget an average dual citizen...how about an actual prince who was born with U.S. citizenship?

The judge in Georgia has just, effectively stated that the heir apparent to the French crown is now eligible.

I believe this is precisely the situation the framers were concerned about when they changed the requirement during the summer of 1787 from "citizen" to "natural born Citizen."

222 posted on 02/03/2012 4:33:24 PM PST by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: Mmogamer
No body will stand up because they know as someone else posted earlier, cities will burn.

Then as another poster mentioned, we have become a nation of men, not law.

Sad day.

223 posted on 02/03/2012 4:33:38 PM PST by Las Vegas Ron (Rush Limbaugh = the Beethoven of talk radio)
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To: The Sons of Liberty
If the “judge” was previously willing to rule for the plantiffs because Hussein was too busy extorting campaign funds to show, and now ruled in his favor, it means that someone got to him big time.

The plaintiffs got to him. The rejected a default judgment because they wanted a hearing on the merits of their case.

224 posted on 02/03/2012 4:34:06 PM PST by BuckeyeTexan (Man is not free unless government is limited. ~Ronald Reagan)
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To: wintertime

The thing to do is prepare for when the SHTF, because it is inevitably coming...

Oh Yeah.


225 posted on 02/03/2012 4:35:26 PM PST by Hang'emAll (Ride to the sound of the guns!)
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To: The Cajun

226 posted on 02/03/2012 4:38:15 PM PST by Hotlanta Mike (TeaNami)
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To: Capt. Tom
According to the astute and knowledgeable wimp of a Judge Malihi you can look here (Joaquin 'Chapo' Guzman) for your Dem Pres and VP nominees in 2046.

Chapo and his twin girls will love that ruling…

Relying on an Indiana POS ruling, what a cop out.

"The Indiana Court rejected the argument that Mr. Obama was ineligible, stating that
children born within the United States are natural born citizens, regardless of the citizenship of their parents."
I believe the Indiana ruling was blatantly "insincere" to allow its prompt overturning.
Whoever said our Constitution matters anymore?
Somehow the term Natural plus Born plus Citizen isn't so difficult for my little brain to process.
I suppose our Founding Fathers omitted the definition because it's self defining.
That is unless you want to call the sky green…
I'm gonna guess the SCOTUS is too busy looking at ObammieCare to take up such a trivial issue as this one.
The POS is a fraud, he knows it, I know it and you know it.
Well folk, the battle wages on…I'm sure the Obots see this a nail in the coffin, think again.
I want his A$$ out of DC and in Gitmo with all his "work" undone, plain and simple.
∑ß´®ß∞øˆ†∞∑π†…
227 posted on 02/03/2012 4:39:13 PM PST by bksanders (Old Gets Older the Older I Get)
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To: Chewbarkah

“...dismiss the Plaintiff’s exhibits for their failure to follow standard rules of evidence...”

I’m just blowing smoke out of my ears!!!!

THEY “fail” to follow standard rules, and yet Bath-House Barry and his no-show “attorney” spit in Malihi’s face and there are NO CONSEQUENCES!!!


228 posted on 02/03/2012 4:39:13 PM PST by Mortrey (Impeach President Soros)
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To: Mr Rogers
“Maybe I’ve been missing something. Isn’t that a fact that Barry has admitted for many years? Has ANYONE claimed that Obama SR was a US citizen - ever?”

Until this past week there was never a plaintiff with standing and a trial on the merits with a path to SCOTUS and Barry has never allowed legal discovery of a physical certified BC, either long or short form, so this ruling is the first time that this potentially damaging “finding of fact” has been established in a case that can be appealed to SCOTUS.

Yes, Ankeny’s interpretaion of WKA that you prefer won the day with Malihi, but success of this interpretation of WKA is not certain to be affirmed ultimately by SCOTUS, IMO.

We shall see...

229 posted on 02/03/2012 4:39:38 PM PST by Seizethecarp
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To: Smokeyblue

Secretary of State Brian Kemp, who earlier warned Obama and his attorney that to snub the Georgia court system would be at Obama’s “peril.”

Bwahhhhhh. Too funny.

The Dear Reader flipped Georgia, the judge, and SOS the bird.

Oh my, what peril Dear Reader has had to endure indeed.


230 posted on 02/03/2012 4:42:27 PM PST by Smokeyblue (Obama's got NBC problems and birth certificate problems - a bad case of Cluster F**ked.)
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To: Las Vegas Ron

what does that have to do with your obsession with O’s birth cert?

calling me a moron does not make you any less of an ass.


231 posted on 02/03/2012 4:43:36 PM PST by RitchieAprile
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To: philman_36; Fred Nerks; butterdezillion; GregNH; Red Steel; Smokeyblue; little jeremiah

Malihi’s opinion allows that the U.S. born offspring of foreign monarchs are eligible to serve as our nation’s commander in chief – precisely and quite clearly what the founders sought to avoid in Art. II.

It will get straightened out one way or the other.


232 posted on 02/03/2012 4:44:21 PM PST by frog in a pot (I am not a birther, I am an NBC'er)
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To: BuckeyeTexan

Irion could have presented other ways to the court about Obama’s claims his father was a Kenyan citizen without presenting that Internet picture.

Still, the judge should have accepted it as ‘limited evidence’ but by accepting the dubious BC as complete prima facie fact is disingenuous. We should all use .jpg images of our BCs the next time we go for a drivers license and see how far that gets us.


233 posted on 02/03/2012 4:44:46 PM PST by Red Steel
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To: BuckeyeTexan; Smokeyblue; Tex-Con-Man

“Enjoying my victory? Are you serious?! This is not a victory.”

I think Smokeyblue may be confusing you with Tex-Con-Man. Not the first time it’s happened either, IIRC.

TCM: Courtesy Ping.


234 posted on 02/03/2012 4:45:43 PM PST by Flotsam_Jetsome (If not you, who? If not now, when?)
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To: Danae
We do not have a nation any more. We have the presumption of one, and a federal government which is not completely unrestrained by even the smallest pretense of a constitution.

Well said dear Lady....even worse is that the electoral process seems to be in about the same shape.

235 posted on 02/03/2012 4:49:11 PM PST by Las Vegas Ron (Rush Limbaugh = the Beethoven of talk radio)
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To: GregNH

I’m not all that surprised. The rot is deep in our system of Justice.


236 posted on 02/03/2012 4:49:28 PM PST by DiogenesLamp (Partus Sequitur Patrem)
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To: Tex-Con-Man

You mean the same Heritage Foundation that was advocating for a federal healthcare mandate before they were against it?


237 posted on 02/03/2012 4:49:31 PM PST by Hotlanta Mike (TeaNami)
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To: Longbow1969
Geeze, get over the birther stuff already. Obama is a crappy president and can be defeated by talking about real issues.

Absolutely!

238 posted on 02/03/2012 4:49:41 PM PST by cynwoody
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To: Seizethecarp

What makes you think this is on a path to the Supreme Court?

And why would anyone think something Obama has admitted his entire life needs a finding of the court to be considered?

How does this rejection - and for the record, I was hoping Obama would be removed from the ballot, which WOULD have set up a Supreme Court decision - help the birther case in any way?


239 posted on 02/03/2012 4:50:43 PM PST by Mr Rogers ("they found themselves made strangers in their own country")
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To: Seizethecarp

“Yes, Ankeny’s interpretaion of WKA that you prefer won the day with Malihi, but success of this interpretation of WKA is not certain to be affirmed ultimately by SCOTUS, IMO.”

It’s about as certain as anything human gets.


240 posted on 02/03/2012 4:52:03 PM PST by tired_old_conservative (.)
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To: rxsid

My apologies, I had not read your #222 when I posted my #232.

The absurdity of Malihi’s outrageous opinion is no doubt clear to most FReepers, and should be clear to our elected reps and all who swore to defend the Constitution.


241 posted on 02/03/2012 4:52:22 PM PST by frog in a pot (I am not a birther, I am an NBC'er)
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To: Seizethecarp

What happened to Leo’s amicus brief? Was it ever submitted?


242 posted on 02/03/2012 4:52:22 PM PST by 4Zoltan
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To: Flotsam_Jetsome

No I’m not confused. I’ve been reading his posts on the eligibility threads since 2008. That is my opinion.

By the way, all the Obama lovers have come out to gloat on this thread.


243 posted on 02/03/2012 4:53:22 PM PST by Smokeyblue (Obama's got NBC problems and birth certificate problems - a bad case of Cluster F**ked.)
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To: Seizethecarp
@ See 111
Footnote 6, page 10.
244 posted on 02/03/2012 4:54:52 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: Mr Rogers

Beyond a certain point, denial never stops. There is always another recourse available in fantasy land.


245 posted on 02/03/2012 4:54:52 PM PST by tired_old_conservative (.)
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To: RitchieAprile
what does that have to do with your obsession with O’s birth cert?

Go back sleep, no wonder you come on here and yawn.

This issue isn't about his BC.... and you wonder why you might be referred to as a moron, moron.

And as far as being an ass, you can kiss it.

246 posted on 02/03/2012 4:56:30 PM PST by Las Vegas Ron (Rush Limbaugh = the Beethoven of talk radio)
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To: Drew68

Are you gloating?


247 posted on 02/03/2012 4:57:41 PM PST by freepersup (Hi, I'm Michael Jablonski, and right about now my you know what is tighter than a tree's rings.)
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To: BuckeyeTexan

Right. I responded to what ‘it’ said and not you specifically. So they are saying all citizens born in the US are natural born citizens completely opposite of what the Constitution says. And the reason they made a distinction is the reason we have this problem today. Yep, America as we know it is over - $old out because man are lovers of themselves first not our country. And all by design.


248 posted on 02/03/2012 4:57:48 PM PST by presently no screen name
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To: Georgia Girl 2; little jeremiah
"Nobody wants to be the guy who removed the first black president from office."

THIS.

249 posted on 02/03/2012 4:58:26 PM PST by Flotsam_Jetsome (If not you, who? If not now, when?)
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To: Smokeyblue

“By the way, all the Obama lovers have come out to gloat on this thread.”

They are going to be hit up-side the head with reality real soon—they support a figurehead for evil people who want to destroy America. They’ll soon be stunned, wondering “What happened? Where’s my check?”

And, as much as we’ll have better things to do when TSHTF, I’m going to set aside time to enjoy gloating—not very Christian I know, but I’m gonna ENJOY gloating.


250 posted on 02/03/2012 5:02:03 PM PST by Mortrey (Impeach President Soros)
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