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Alan Dershowitz: Telling the Truth About Chief Justice Rehnquist (BARF ALERT!)
Huffington Post ^ | 9/5/05 | Alan Dershowitz

Posted on 09/06/2005 5:24:35 AM PDT by Undertow

My mother always told me that when a person dies, one should not say anything bad about him. My mother was wrong. History requires truth, not puffery or silence, especially about powerful governmental figures. And obituaries are a first draft of history. So here’s the truth about Chief Justice Rehnquist you won’t hear on Fox News or from politicians. Chief Justice William Rehnquist set back liberty, equality, and human rights perhaps more than any American judge of this generation. His rise to power speaks volumes about the current state of American values.

Let’s begin at the beginning. Rehnquist bragged about being first in his class at Stanford Law School. Today Stanford is a great law school with a diverse student body, but in the late 1940s and early 1950s, it discriminated against Jews and other minorities, both in the admission of students and in the selection of faculty. Justice Stephen Breyer recalled an earlier period of Stanford’s history: “When my father was at Stanford, he could not join any of the social organizations because he was Jewish, and those organizations, at that time, did not accept Jews.” Rehnquist not only benefited in his class ranking from this discrimination; he was also part of that bigotry. When he was nominated to be an associate justice in 1971, I learned from several sources who had known him as a student that he had outraged Jewish classmates by goose-stepping and heil-Hitlering with brown-shirted friends in front of a dormitory that housed the school’s few Jewish students. He also was infamous for telling racist and anti-Semitic jokes.

As a law clerk, Rehnquist wrote a memorandum for Justice Jackson while the court was considering several school desegregation cases, including Brown v. Board of Education. Rehnquist’s memo, entitled “A Random Thought on the Segregation Cases,” defended the separate-but-equal doctrine embodied in the 1896 Supreme Court case of Plessy v. Ferguson. Rehnquist concluded the Plessy “was right and should be reaffirmed.” When questioned about the memos by the Senate Judiciary Committee in both 1971 and 1986, Rehnquist blamed his defense of segregation on the dead Justice, stating – under oath – that his memo was meant to reflect the views of Justice Jackson. But Justice Jackson voted in Brown, along with a unanimous Court, to strike down school segregation. According to historian Mark Tushnet, Justice Jackson’s longtime legal secretary called Rehnquist’s Senate testimony an attempt to “smear[] the reputation of a great justice.” Rehnquist later admitted to defending Plessy in arguments with fellow law clerks. He did not acknowledge that he committed perjury in front of the Judiciary Committee to get his job.

The young Rehnquist began his legal career as a Republican functionary by obstructing African-American and Hispanic voting at Phoenix polling locations (“Operation Eagle Eye”). As Richard Cohen of The Washington Post wrote, “[H]e helped challenge the voting qualifications of Arizona blacks and Hispanics. He was entitled to do so. But even if he did not personally harass potential voters, as witnesses allege, he clearly was a brass-knuckle partisan, someone who would deny the ballot to fellow citizens for trivial political reasons -- and who made his selection on the basis of race or ethnicity.” In a word, he started out his political career as a Republican thug.

Rehnquist later bought a home in Vermont with a restrictive covenant that barred sale of the property to ''any member of the Hebrew race.”

Rehnquist’s judicial philosophy was result-oriented, activist, and authoritarian. He sometimes moderated his views for prudential or pragmatic reasons, but his vote could almost always be predicted based on who the parties were, not what the legal issues happened to be. He generally opposed the rights of gays, women, blacks, aliens, and religious minorities. He was a friend of corporations, polluters, right wing Republicans, religious fundamentalists, homophobes, and other bigots.

Rehnquist served on the Supreme Court for thirty-three years and as chief justice for nineteen. Yet no opinion comes to mind which will be remembered as brilliant, innovative, or memorable. He will be remembered not for the quality of his opinions but rather for the outcomes decided by his votes, especially Bush v. Gore, in which he accepted an Equal Protection claim that was totally inconsistent with his prior views on that clause. He will also be remembered as a Chief Justice who fought for the independence and authority of the judiciary. This is his only positive contribution to an otherwise regressive career.

Within moments of Rehnquist’s death, Fox News called and asked for my comments, presumably aware that I was a longtime critic of the late Chief Justice. After making several of these points to Alan Colmes (who was supposed to be interviewing me), Sean Hannity intruded, and when he didn’t like my answers, he cut me off and terminated the interview. Only after I was off the air and could not respond did the attack against me begin, which is typical of Hannity’s bullying ambush style. He is afraid to attack when there’s someone there to respond. Since the interview, I’ve received dozens of e-mail hate messages, some of which are overtly anti-Semitic. One writer called me “a jew prick that takes it in the a** from ruth ginzburg [sic].” Another said I am “an ignorant socialist left-wing political hack …. You’re like a little Heinrich Himmler! (even the resemblance is uncanny!).” Yet another informed me that I “personally make us all lament the defeat of the Nazis!” A more restrained viewer found me to be “a disgrace to the Law, to Harvard, and to humanity.”

All this, for refusing to put a deceptive gloss on a man who made his career undermining the rights and liberties of American citizens.

My mother would want me to remain silent, but I think my father would have wanted me to tell the truth. My father was right.

Alan Dershowitz is a professor of law at Harvard. His latest book is The Case for Peace: How the Arab-Israeli Conflict Can Be Resolved (Wiley, 2005).


TOPICS: Editorial; News/Current Events
KEYWORDS: dershowitz; rehnquist; scotus
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1 posted on 09/06/2005 5:24:36 AM PDT by Undertow
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To: Undertow

Alan Dershowitz is still alive?


2 posted on 09/06/2005 5:27:31 AM PDT by marvlus
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To: marvlus

Didn't he win the worst dressed list or something? LOL!


3 posted on 09/06/2005 5:29:27 AM PDT by saveliberty ("The mystery of government is not how Washington works but how to make it stop." - PJ O'Rourke)
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To: Undertow

Why wait till after the funeral to trash someones reputation?


4 posted on 09/06/2005 5:30:20 AM PDT by Cathy
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To: Undertow
Rehnquist's body temperature hadn't even started to drop when this slimeball Dersoshitz started telling the press "He was on the wrong side of all the issues, blah, blah, blah..."

Hey, Dersoshitz -- Shut up! Most of the country is on the same side as Chief Justice Rehnquist!

5 posted on 09/06/2005 5:32:41 AM PDT by TommyDale
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To: Undertow
Just because he went to Stanford, he's an anti-Semite? If the late justice were a democrat, he would have probably been a senator.
6 posted on 09/06/2005 5:32:45 AM PDT by satchmodog9 (Murder and weather are our only news)
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To: Undertow

Oh, good grief!


7 posted on 09/06/2005 5:34:32 AM PDT by nuconvert (No More Axis of Evil by Christmas ! TLR) [there's a lot of bad people in the pistachio business])
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To: Undertow
Rehnquist not only benefited in his class ranking from this discrimination;

Ah yes, Mr Douche-wits. If only Jews had been allowed in, then poor little WASP Renquist would not have been first in his class, because only a Jew could be first in a class, non-Jews are too stupid.

Mr Douche-wits, you are a Jewish supremacist!!!!

8 posted on 09/06/2005 5:34:53 AM PDT by evolved_rage (Waiting for Hitlery to puke up a headline on Katrina.)
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To: Undertow
Dershowitz is a scumbag who has made a ton of money representing scumbags.

Chief Justice Rehnquist's position in history as a notable jurist is already well-established.

Dershowitz, if he is lucky, will be completely forgotten.

9 posted on 09/06/2005 5:37:17 AM PDT by wideawake (God bless our brave troops and their Commander in Chief)
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To: Undertow

Amazing....but, on second thought, no. Typical Dershowitz hubris. He accused a dead man of everything under the sun but matricide. If Dershowitz had been smarter...but nobody's smarter than he is. Oh well.


10 posted on 09/06/2005 5:37:19 AM PDT by hershey
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To: Undertow

Liberals can trash anybody at any time. That is the only thing the stupid bass turds can do.


11 posted on 09/06/2005 5:40:01 AM PDT by Piquaboy (22 year veteran of the Army, Air Force and Navy, Pray for all our military .)
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To: Undertow

Dipshitowitz is lose again.


12 posted on 09/06/2005 5:40:42 AM PDT by Waco
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To: marvlus

JUST ANOTHER NEW YORK SOCIALIST WITH ABSOLUTELY NO CLASS.


13 posted on 09/06/2005 5:41:19 AM PDT by squirt-gun
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To: Undertow

This is a new low even for Dershowitz.


14 posted on 09/06/2005 5:42:48 AM PDT by GVnana
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To: Undertow

>He generally opposed the rights of gays, women, blacks, aliens, and religious minorities. He was a friend of corporations, polluters, right wing Republicans, religious fundamentalists, homophobes, and other bigots.

Typical liberal screed when the courts do not decide cases their way.

But in a bigger sense, please remember that this was written by a man who easilly has the intelligence to know that O.J. Simpson was guilty, not beyond a reasonable doubt, but beyond any doubt. But still Dershowitz actively participated in the immoral, unjust effort to have him freed.

That tells us a lot about Dershowitz, doesn't it!


15 posted on 09/06/2005 5:43:00 AM PDT by MindBender26 (Having my own CAR-15 in RVN meant never having to say I was sorry......)
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To: Undertow

Sounds like a 3 year old with a bad case jealousy to me.


16 posted on 09/06/2005 5:43:25 AM PDT by IamConservative (The true character of a man is revealed in what he does when no one is looking.)
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To: satchmodog9

Dershowitz wouldn't know an anti-semite if he met one ~ for one thing, Alan's not a real Jew.


17 posted on 09/06/2005 5:43:59 AM PDT by muawiyah (/ hey coach do I gotta' put in that "/sarcasm " thing again?)
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To: evolved_rage
Mr Douche-wits, you are a Jewish supremacist!!!!

You, on the other hand, are almost certainly an anti-semitic jerk. I haven't done a search of your postings to verify it, so I bet $5 based purely on this post of yours.

only Jews had been allowed in, then poor little WASP Renquist would not have been first in his class, because only a Jew could be first in a class...

That isn't actually what he said. He didn't clarify why exclusion of Jews helped Rehnquist, but one clear, simple reason is that it eliminated competition. Just as I might say I was "first in my class" at Podunk U, when I really mean that I was first among the white students, because blacks and latinos weren't counted. I might still be first if blacks were counted, but limiting the competition didn't, um, hurt.

To others on this thread complaining about Dershowitz's remarks about Stanford, you seem to be sliding over the fact that he indulged in anti-semitic humor, including "goose-stepping", wearing "brown shirts" and saying "sieg hiel". These things do not necessarily make a bad supreme-court justice, but they do indeed represent solid evidence of anti-semitism. It is Dershowitz's claim that his subsequent judicial record also reflects prejudice, and I don't know enough about it to confirm or deny.

18 posted on 09/06/2005 5:46:28 AM PDT by Shalom Israel (Pray for the peace of Jerusalem.)
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To: wideawake

Dershowitz, if WE is lucky, will be completely forgotten......


19 posted on 09/06/2005 5:49:24 AM PDT by Red Badger (United States Marine Corps.....An army of WON!...........)
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To: Shalom Israel

You can think what you want, but every group, white, black, christian or jewish has a supremacist sect within it. I suspect douche-wits is one of them.

How do you know Renquist wasn't making fun of Hitler with his goose-stepping??? Ordinarily, people retarded enough to admire Hitler, don't complete law school, so I'll assume that Douche-wits is a bigger jerk than Renquist could have possibly been.


20 posted on 09/06/2005 5:51:24 AM PDT by evolved_rage (Waiting for Hitlery to puke up a headline on Katrina.)
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To: Undertow

Somebody, please ZOT this, please ....


21 posted on 09/06/2005 5:53:02 AM PDT by austinite
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To: Undertow

Alan Dershowitz,is an ugly democrat..I think he gets up in the morning looks at himself in the mirror and it ruins his day so he goes out and tries to ruin ours..What a liar this man is..


22 posted on 09/06/2005 5:54:00 AM PDT by Beth528
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To: Shalom Israel
To others on this thread complaining about Dershowitz's remarks about Stanford, you seem to be sliding over the fact that he indulged in anti-semitic humor, including "goose-stepping", wearing "brown shirts" and saying "sieg hiel". These things do not necessarily make a bad supreme-court justice, but they do indeed represent solid evidence of anti-semitism. It is Dershowitz's claim that his subsequent judicial record also reflects prejudice, and I don't know enough about it to confirm or deny.

I'd be more comfortable with your assertion of the above as facts if Mr. Dershowitz had provided sources for the comments so indicated. It's easy to make claims without a source - and it makes it almost impossible for the accused party to refute the accusations.

23 posted on 09/06/2005 5:57:57 AM PDT by Fury
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To: evolved_rage
Ordinarily, people retarded enough to admire Hitler, don't complete law school...

That's a pretty dumb statement. Charles Lindbergh was retarded? How about Henry Ford?

24 posted on 09/06/2005 6:00:45 AM PDT by Shalom Israel (Pray for the peace of Jerusalem.)
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To: Shalom Israel
On second thought, you are a jerk. Don't call me anti-semetic, because I called Douche-wits a jewish supremacist. Perhaps you are one as well. Long live the JEWISH state of Israel is my firm belief.

Your no better than a poverty-pimp playing the race card.

25 posted on 09/06/2005 6:02:05 AM PDT by evolved_rage (Waiting for Hitlery to puke up a headline on Katrina.)
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To: Shalom Israel

Lindberg and Ford were perfect in every way. "ORDINARILY" was the word I used. WTF.


26 posted on 09/06/2005 6:03:15 AM PDT by evolved_rage (Waiting for Hitlery to puke up a headline on Katrina.)
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To: Shalom Israel

And I'll say it, Lindberg and Ford are morally retarded.


27 posted on 09/06/2005 6:04:02 AM PDT by evolved_rage (Waiting for Hitlery to puke up a headline on Katrina.)
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To: Fury
I'd be more comfortable with your assertion of the above as facts if Mr. Dershowitz had provided sources for the comments so indicated.

I wasn't confirming that Dershowitz's claims are factual; only that if true they are certainly adequate evidence of antisemitism. A search on "William Rehnquist" and "antisemite" turns up little or nothing, so I agree that Dershowitz needs to back up his statements with evidence.

28 posted on 09/06/2005 6:04:09 AM PDT by Shalom Israel (Pray for the peace of Jerusalem.)
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To: sauropod

mark


29 posted on 09/06/2005 6:06:38 AM PDT by sauropod (Polite political action is about as useful as a miniskirt in a convent -- Claire Wolfe)
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To: Shalom Israel
I wasn't confirming that Dershowitz's claims are factual; only that if true they are certainly adequate evidence of antisemitism. A search on "William Rehnquist" and "antisemite" turns up little or nothing, so I agree that Dershowitz needs to back up his statements with evidence.

I'm sorry for not clarifying further and apologize for that. I was referring to your initial posting in which you wrote:

"...you seem to be sliding over the fact that he indulged in anti-semitic humor, including "goose-stepping", wearing "brown shirts" and saying "sieg hiel". These things do not necessarily make a bad supreme-court justice, but they do indeed represent solid evidence of anti-semitism."

30 posted on 09/06/2005 6:10:56 AM PDT by Fury
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To: evolved_rage
On second thought, you are a jerk. Don't call me anti-semetic, because I called Douche-wits a jewish supremacist.

I'm willing to be proven wrong. It's highly suspicious that you reached so quickly for the red-hot rhetoric, however.

31 posted on 09/06/2005 6:12:00 AM PDT by Shalom Israel (Pray for the peace of Jerusalem.)
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To: Shalom Israel
Dershowitz donates to and provides support for Anti-Israel candidates. He writes occasionally in support of Israel, then does everything he can politically to aid and comfort the pro-Palestinians. The whole arrangement crosses my eyes. He is like so many liberal Jews that criticize the struggling Israelis because their orthodoxy embarrases them.

Instead of obsessing over Buchanan, Falwell, or even this bizarre accusation of a judge from way in the past...it would behoove those who love Israel to try to get American Jews back on the side of Jerusalem. That is, the 75% of US Jewry who voted for the fashionable pro-Pali left.

One of the reasons that antisemitism is rising, IMO, is that the antisemites realize that they have nothing to fear from the large majority of American Jews. They can get away with it. Jewish loyalty to the left far surpasses loyalty to Israel or Judaism.

This is the big problem.

We need Jews back on board. I don't know how to do it. It will be left to the few conservatives...so why waste energy on Buchanan lookalikes?

32 posted on 09/06/2005 6:14:21 AM PDT by Mamzelle
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To: Shalom Israel
It's highly suspicious that you reached so quickly for the red-hot rhetoric, however.

It's highly suspicious that YOU reached so quickly for the red-hot rhetoric, however.

33 posted on 09/06/2005 6:14:26 AM PDT by evolved_rage (Waiting for Hitlery to puke up a headline on Katrina.)
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To: Undertow
When he was nominated to be an associate justice in 1971, I learned from several sources who had known him as a student that he had outraged Jewish classmates by goose-stepping and heil-Hitlering with brown-shirted friends in front of a dormitory that housed the school’s few Jewish students. He also was infamous for telling racist and anti-Semitic jokes.

How nice...Dershowitz could've made these accusations while Rehnquist was alive and could answer the charges....but instead, he chooses to wait until he's dead.

34 posted on 09/06/2005 6:15:00 AM PDT by SoFloFreeper
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To: marvlus

Yes, but he's senile.


35 posted on 09/06/2005 6:15:28 AM PDT by Brilliant
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To: evolved_rage
It's highly suspicious that YOU reached so quickly for the red-hot rhetoric, however.

Um, you started it. Neener neener? This is devolving into a food fight. Truce.

36 posted on 09/06/2005 6:17:31 AM PDT by Shalom Israel (Pray for the peace of Jerusalem.)
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To: Undertow

I discriminate against Jews named Dershowitz as well as ones named Ders-no-witz.


37 posted on 09/06/2005 6:21:57 AM PDT by Lunkhead_01
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Comment #38 Removed by Moderator

To: evolved_rage
Truce??? Go F yourself.

OK, antisemitic or not, you're a jerk. Have a good life.

39 posted on 09/06/2005 6:25:35 AM PDT by Shalom Israel (Pray for the peace of Jerusalem.)
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To: Mamzelle
We need Jews back on board. I don't know how to do it. It will be left to the few conservatives...so why waste energy on Buchanan lookalikes?

Fair question. I know next to nothing about Dershowitz, but did read his excellent book, "The Case for Israel". Some pointers, links or search terms would be helpful.

40 posted on 09/06/2005 6:26:38 AM PDT by Shalom Israel (Pray for the peace of Jerusalem.)
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To: Shalom Israel

You were wrong, but won't admit it. You play the anti-semite card just like all the poverty-pimps. You are no better than they. Have a good life, right back at yah!


41 posted on 09/06/2005 6:27:58 AM PDT by evolved_rage (Waiting for Hitlery to puke up a headline on Katrina.)
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To: Fury

It would seem to me that the Chief Justice was mocking Nazis not Jews. These antics, if true, would indicate his disdain for people who think like Nazis.


42 posted on 09/06/2005 6:28:00 AM PDT by Laserman
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To: Shalom Israel
Note that Dershowitz does not provide any credible source for his claims of a goose-stepping Rhenquist. Instead, he sites "sources" who allegedly went to Standford with the Justice.

Sorry, does not wash with me. Especially from a man who defended a known wife-beater, double murderer and thief. One who is aware on the stand an unnamed source is struck from the record if it is even allowed into court at all.

If Dershowitz expects his claims to be taken as fact, he should provide the names of the classmates he received this information from in order that the claims can be independently corroborated. I also question the motives of Dershowitz. He has been well known for a over a decade now and has been given the podium many times. Why is it that he waits for Rhenquist to draw his last breath before making these claims? Claims, Rhenquist obviously can not defend against.
43 posted on 09/06/2005 6:28:15 AM PDT by Brytani ("Opportunity is missed by most people because it is dressed in overalls and looks like work - Edison)
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To: Brytani
If Dershowitz expects his claims to be taken as fact, he should provide the names of the classmates he received this information from in order that the claims can be independently corroborated. I also question the motives of Dershowitz. He has been well known for a over a decade now and has been given the podium many times. Why is it that he waits for Rhenquist to draw his last breath before making these claims? Claims, Rhenquist obviously can not defend against. < /b>

All fair points.

44 posted on 09/06/2005 6:29:14 AM PDT by Shalom Israel (Pray for the peace of Jerusalem.)
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To: Undertow
When he was nominated to be an associate justice in 1971, I learned from several sources who had known him as a student that he had outraged Jewish classmates by goose-stepping and heil-Hitlering with brown-shirted friends in front of a dormitory that housed the school’s few Jewish students. He also was infamous for telling racist and anti-Semitic jokes.

We hear of this first after Rehnquist is dead?

BULLSH!T!

45 posted on 09/06/2005 6:31:31 AM PDT by Petronski (I love Cyborg. Gosh I miss her!)
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To: Undertow

One claim about Dershowitz that not even he would wish to refute, but he would gladly boast.

Alan Dershowitz has no manners.

DA740


46 posted on 09/06/2005 6:34:51 AM PDT by DA740
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To: marvlus

All hail! Dershowitz is dead. Long live Dearth-o-wits.


47 posted on 09/06/2005 6:40:16 AM PDT by dhuffman@awod.com (The conspiracy of ignorance masquerades as common sense.)
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To: Undertow
Alan Dershowitz is a sleazy lawyer, a shyster. A defining case for him was is his representation of Klaus von Bulow. That gentleman beat the rap for trying to murder his wife, Sonny, for her money. Dershowitz lies like any member of the Clinton Administration, only he had his dishonesty skills before Clinton crawled out of the swamps of Arkansas.

Congressman Billybob

Latest column: "Tide of Lies Swamps NY Times: Employees Riot and Steal Office Supplies"

48 posted on 09/06/2005 6:42:58 AM PDT by Congressman Billybob (Forcing the MSM to tell the truth is like teaching a pig to sing .... (You know the rest.))
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To: DA740

The real question is why, in the first place, was little Alan allowed to be on T.V.? Alan's momma would wash his foul little mouth out with soap were she to hear him speak with so much vile about a dead man who cannot defend himself. I'm damned sick and tired of this kind of slander being allowed on t.v. anyway. My goodness, have we lost all sense of respect for the dead that we have to say mean, vile things about them before we even bury them? Shame on Mr. Dershowitz, and shame on anyone who allows him to poison the memories we have of a great American.


49 posted on 09/06/2005 6:54:41 AM PDT by geezerwheezer (get up boys, we're burnin' daylight!!!)
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To: Undertow
He is still an nasty little incompetant libber so called law professor .I wounder if any Harvard lawyers graduating after being taught by liberals the like of Alan Dershowitz will serve on the court ? They will likley learn to whine in their cases like this bird does and claim discrimination
and baiting which is the stock and trade of this professional victum . His,Dershowitz's complete lack of grace and his hatred of a man who is honored by most of America is pathetic,what a shallow critter !

I wonder what Dershowitz will be remembered for ?
50 posted on 09/06/2005 7:01:42 AM PDT by megimoo
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