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Suit contends illegal pickers undercut firm - O.C. attorney represents employer using legal help.
The Orange County Register ^ | Tuesday, August 22, 2006 | By AMY TAXIN

Posted on 08/22/2006 8:38:48 AM PDT by So Cal Rocket

An Orange County attorney filed a lawsuit Monday accusing a Kern County farmer of hiring illegal immigrants to undercut his client's contract to provide blueberry pickers during harvest.

The suit on behalf of farm-labor contractor AgriLabor is the first in a series of suits that attorney David Klehm of Anaheim says he has undertaken since quitting his stable job as a medical-malpractice lawyer two months ago to take on California companies that he says skirt immigration law.

Klehm, 42, said his goal isn't to go after undocumented immigrants but rather the employers that make it tough for businesses to compete if they hire workers legally.

*snip*

According to a copy of the suit filed in Kern County Superior Court, AgriLabor – a division of Los Angeles-based Global Horizons Inc. – had a contract to provide farmworkers to help Munger Brothers LLC pick blueberries over a nine-week harvest from April to June.

At the peak of the harvest, AgriLabor was expected to provide 600 workers.

But according to the suit, Munger, a farm in Delano, ended its contract with AgriLabor in the middle of May – at the start of the peak harvest – arguing that the workers provided failed to pick berries quickly enough.

Instead, Munger contracted through two local companies that AgriLabor said hire illegal immigrants. While AgriLabor obtained temporary visas and provided housing for its workers from Thailand and Central America, the suit alleges that the other providers didn't meet such requirements, enabling them to offer Munger a cheaper deal.

*snip*

(Excerpt) Read more at ocregister.com ...


TOPICS: Business/Economy; News/Current Events; US: California
KEYWORDS: alien; aliens; boortz; buchanantortlawyer; business; davidklehm; ethics; farmer; farmers; hannity; harvest; illegal; libertarians
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1 posted on 08/22/2006 8:38:49 AM PDT by So Cal Rocket
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To: So Cal Rocket

It is about time.

This kind of lawsuit would put a real crimp in organized illegal labor. Employers are more afraid of lawsuits than of government enforcement. The government is usually inept and inefficient, and unlikely to come down on any one person in an industry of violators. A competitor, however, is another force entirely.


2 posted on 08/22/2006 8:40:59 AM PDT by coconutt2000 (NO MORE PEACE FOR OIL!!! DOWN WITH TYRANTS, TERRORISTS, AND TIMIDCRATS!!!! (3-T's For World Peace))
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To: So Cal Rocket
The suit on behalf of farm-labor contractor AgriLabor is the first in a series of suits that attorney David Klehm of Anaheim says he has undertaken since quitting his stable job as a medical-malpractice lawyer two months ago to take on California companies that he says skirt immigration law

Great this ambulance chaser puts hospitals out of business, now he sets his sights on Farmer Joe.

3 posted on 08/22/2006 8:41:50 AM PDT by Dane ("Mr. Gorbachev, tear down this wall" Ronald Reagan, 1987)
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To: Dane
Also from the article:

Klehm, a former Marine who grew up in Pittsburgh, said he became concerned about the impact of illegal immigration on local hospitals when he spoke with doctors during his malpractice work. He wanted to get to the heart of the issue and said he was surprised to learn how little litigation had been filed against employers suspected of knowingly hiring undocumented immigrants.

4 posted on 08/22/2006 8:43:44 AM PDT by So Cal Rocket (Proud Member: Internet Pajama Wearers for Truth)
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To: coconutt2000
This kind of lawsuit would put a real crimp in organized illegal labor.

Uh this kind of lawyer and lawsuit also put a crimp on hospitals and healthcare.

Oh I forgot, he's going after Farmer Joe for hiring people named Jose for the evil deed of picking blueberries, nevermind.

I will never understand buchananitus.

5 posted on 08/22/2006 8:44:39 AM PDT by Dane ("Mr. Gorbachev, tear down this wall" Ronald Reagan, 1987)
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To: Dane

So we should allow Farmer Joe to cheat on his taxes, too?


6 posted on 08/22/2006 8:45:14 AM PDT by DTogo (I haven't left the GOP, the GOP left me.)
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To: Dane

Don't worry about it. The Latino advocates will protest to the Democrats who in turn will whisper into the ears of the ABA, and the next thing Mr Klehm will get the professional riot act read to him. Continue and he will be thrown out of the ABA on the smallest infraction and have his professional career ruined. Complaint and effort will be funded by the Chamber of Commerce.


7 posted on 08/22/2006 8:48:54 AM PDT by Fee (`+Great powers never let minor allies dictate who, where and when they must fight.)
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To: So Cal Rocket
Klehm, a former Marine who grew up in Pittsburgh, said he became concerned about the impact of illegal immigration on local hospitals when he spoke with doctors during his malpractice work. He wanted to get to the heart of the issue and said he was surprised to learn how little litigation had been filed against employers suspected of knowingly hiring undocumented immigrants.

All Mr. Klehm is concerned is about is $ and not about that evil Farmer Joe who wants to put his evil blueberries on the market. He'll find a willing audience amongst some on FR(i.e those who supported Simcox).

I guess the old adage of "you can lead a horse to water, but you can't make it drink" applies to some on FR.

8 posted on 08/22/2006 8:48:55 AM PDT by Dane ("Mr. Gorbachev, tear down this wall" Ronald Reagan, 1987)
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To: Dane

I'm just pointing out that these lawsuits are more likely to catch more violators than government enforcement.

That lawsuits tend to be a waste of time and money goes without saying. Adequate and competent enforcement of our laws would be better, but since that ain't happening...


9 posted on 08/22/2006 8:49:41 AM PDT by coconutt2000 (NO MORE PEACE FOR OIL!!! DOWN WITH TYRANTS, TERRORISTS, AND TIMIDCRATS!!!! (3-T's For World Peace))
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To: Dane

"Great this ambulance chaser puts hospitals out of business, now he sets his sights on Farmer Joe."

Nice try. Illegals are continuing to put for profit hospitals out of work. And as far as "Farmer Joe" goes... he's a scumbag tax cheat and should be driven out of business to make way for legal legitimate business owners to prosper.


10 posted on 08/22/2006 8:51:13 AM PDT by taxed2death (A few billion here, a few trillion there...we're all friends right?)
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To: Dane

What other violations of law should blind ourself to because it is a business that is the violator?


11 posted on 08/22/2006 8:52:47 AM PDT by em2vn
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To: DTogo
So we should allow Farmer Joe to cheat on his taxes, too?

Uh no, but I think "we"your term) shouldn't harass a farmer, unless you think growing blueberries is evil.

Oops wait a minute I forgot your page 23 Buchanan answer, "the blueberries are not evil, the people who pick them are"(i.e gotta destroy the blueberry farm in order to save it).

12 posted on 08/22/2006 8:53:03 AM PDT by Dane ("Mr. Gorbachev, tear down this wall" Ronald Reagan, 1987)
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To: So Cal Rocket

More:
http://www.prnewswire.com/cgi-bin/stories.pl?ACCT=104&STORY=/www/story/06-27-2006/0004388183&EDATE=


13 posted on 08/22/2006 8:53:36 AM PDT by tumblindice (America's Founding Fathers: all armed conservatives)
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To: Dane

Yes... we should all feel sorry for "Farmer Joe", who's yearly income is over $20,000,000.

He should follow the law, just like the rest of us. If the Governmental authorities won't enforce the law, then it's up to those who have been harmed by his lawbreaking that will have to make him pay for his crime.


14 posted on 08/22/2006 8:55:08 AM PDT by So Cal Rocket (Proud Member: Internet Pajama Wearers for Truth)
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To: So Cal Rocket

They tried this with a Georgia carpet mill, saying that they were in violation of RICO statutes for hiring illegals and causing unfair competition.

That suit was lost.

Suing the actual offender for loss will probably have more of an impact.


15 posted on 08/22/2006 8:57:20 AM PDT by webstersII
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To: Fee; Dane

"The Latino advocates will protest to the Democrats"

Are you talking about Dane?


16 posted on 08/22/2006 8:57:58 AM PDT by Prokopton
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To: Dane
No, the people who pick them aren't "evil" just here in the country ILLEGALLY. If Farmer Joe can skirt the law to grow blueberries, how about if Joe Liquor Store sells bootleg booze or smokes?

Politically inconvenient laws are A-OK to be broken?

17 posted on 08/22/2006 8:59:06 AM PDT by DTogo (I haven't left the GOP, the GOP left me.)
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To: DTogo
If Farmer Joe can skirt the law to grow blueberries, how about if Joe Liquor Store sells bootleg booze or smokes?

And blueberries are the moral equivalent of booze and smokes how?

This ought to be an interesting answer.

18 posted on 08/22/2006 9:08:54 AM PDT by Dane ("Mr. Gorbachev, tear down this wall" Ronald Reagan, 1987)
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To: 1_Inch_Group; 2sheep; 2Trievers; 3AngelaD; 3pools; 3rdcanyon; 4Freedom; 4ourprogeny; 7.62 x 51mm; ..

ping


19 posted on 08/22/2006 9:17:48 AM PDT by gubamyster
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To: webstersII

I'm sure the cause of action would be based on California Business & Professions Code section 17200 et seq. which defines unfair business practices and provides private remedies for their violation. Very powerful is properly applied. You can make a colorable argument based on the limited facts presented in the news article.


20 posted on 08/22/2006 9:24:36 AM PDT by tomswiftjr (Remember Pearl Harbor)
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To: Dane

Actually, blueberries are evil.


21 posted on 08/22/2006 9:25:18 AM PDT by sticker
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To: Dane
And blueberries are the moral equivalent of booze and smokes how?

When you talk about business practices and business ethics you certainly seen to be void of the subject. How about we start bringing illegal in to practice medicine? Think we can lower healthcare cost that way? Why not allow illegals to run for public office? Perhaps the illegals can represent you better.

You certainly have a distain for those that think living by the law of the land is the thing to do.

Moral equivalent? Generation of income with illegal labor, regardless of the product, is still illegal and morally corrupt and displays exceeding poor business practice ethics.

22 posted on 08/22/2006 9:28:20 AM PDT by politicalwit (Freedom doesn't mean a Free Pass.)
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To: Dane

Doesn't say if he's a plaintiff's atty--there are two sides to every lawsuit, plaintiff and defendant.


23 posted on 08/22/2006 9:30:48 AM PDT by Mamzelle
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To: politicalwit
When you talk about business practices and business ethics you certainly seen to be void of the subject. How about we start bringing illegal in to practice medicine? Think we can lower healthcare cost that way? Why not allow illegals to run for public office? Perhaps the illegals can represent you better.

And please tell me how picking blueberries is the professional equivalent of doing surgery.

Again the answer ought to be interesting.

24 posted on 08/22/2006 9:31:07 AM PDT by Dane ("Mr. Gorbachev, tear down this wall" Ronald Reagan, 1987)
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To: Dane

Ah, so we match politically inconvenient laws to be skirted with morally acceptable businesses (according to Dane's moral standards).


25 posted on 08/22/2006 9:33:18 AM PDT by DTogo (I haven't left the GOP, the GOP left me.)
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To: Dane

Illegal is illegal...I know it's a hard concept for you to grasp, but the law is the law. Unless you're a politician there are NO exceptions.


26 posted on 08/22/2006 9:37:39 AM PDT by politicalwit (Freedom doesn't mean a Free Pass.)
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To: DTogo
Ah, so we match politically inconvenient laws to be skirted with morally acceptable businesses (according to Dane's moral standards).

Yeah those blueberries are so evil, along with the farmer who grows them and the people who pick them.

Maybe the people who marketed this cereal,

were 25 years of their time.

27 posted on 08/22/2006 9:38:17 AM PDT by Dane ("Mr. Gorbachev, tear down this wall" Ronald Reagan, 1987)
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To: Dane

Sorry Charlie....artificial blueberry flavor. No illegals required. They again later.


28 posted on 08/22/2006 9:41:04 AM PDT by politicalwit (Freedom doesn't mean a Free Pass.)
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To: Dane

There are several issues here.
1. If the farmer broke a contract the farmer has a problem.
2. It is we the citizens who have elected politicians who have created both the tort reform mess and entitlements for immigrants.
3. If the immmigration laws were reasonable, then they would be more enforceable.
4. The people who are upset with illegal immigrants, but not with other illegal acts (such as my speeding and not wearing a seat belt) are precisely the people who want to make the immigration law more absurd and unenforceable.

Immigration law should be changed with 3 clear targets for our immigration policy:
A. Terrorists
B. Murderers, robbers, rapists, truly bad people.
C. Welfare parasites. No immigrant (legal or illegal) should be eligible for SSI, AFDC, FoodStamps, WIC, Medicaid, Kidcare, Allcare, etc. Any immigrant (legal or illegal) who even APPLIES for them should be GONE. The immigration law has always required that an immigrant have sponsors that guarantee the immigrant will not become indigent or dependent on the taxpayer.

The corallary of the above immigration targets is that any immigrant who comes here and works is automatically legal. Let free market capitalism decide. It won't be perfect. But it will be a lot better than the government trying to regulate the economy.


29 posted on 08/22/2006 9:46:02 AM PDT by spintreebob
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To: politicalwit
Sorry Charlie....artificial blueberry flavor. No illegals required. They again later.

LOL! You are doing the typical pat buchanan,


30 posted on 08/22/2006 9:47:10 AM PDT by Dane ("Mr. Gorbachev, tear down this wall" Ronald Reagan, 1987)
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To: Dane
Maybe the people who marketed this cereal,

...are criminal accomplices.

31 posted on 08/22/2006 9:56:09 AM PDT by Ol' Dan Tucker (Karen Ryan reporting...)
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To: Dane
LOL! You are doing the typical pat buchanan,

And you are doing the typical Joseph Goebbels.

32 posted on 08/22/2006 9:57:18 AM PDT by Ol' Dan Tucker (Karen Ryan reporting...)
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To: Ol' Dan Tucker
And you are doing the typical Joseph Goebbels.

And "Boo-Berry" cereal is also a josef goebbels creation.

Maybe you should direct your criticism towards General Mills, that or take your tin foil hat off.

JMO, you will be writing a letter to General Mills.

33 posted on 08/22/2006 10:00:44 AM PDT by Dane ("Mr. Gorbachev, tear down this wall" Ronald Reagan, 1987)
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To: Dane
Maybe you should direct your criticism towards General Mills, that or take your tin foil hat off.

Sure. Perhaps you could point me to the FR poster on this thread whose representing GM?

So far, you're the only one here I see defending criminal behavior.

34 posted on 08/22/2006 10:05:14 AM PDT by Ol' Dan Tucker (Karen Ryan reporting...)
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To: Dane
"LOL! You are doing the typical pat buchanan"

My Mexican wife (her parents were LEGAL immigrants) would disagree.

35 posted on 08/22/2006 10:05:18 AM PDT by politicalwit (Freedom doesn't mean a Free Pass.)
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To: Ol' Dan Tucker
Sure. Perhaps you could point me to the FR poster on this thread whose representing GM? So far, you're the only one here I see defending criminal behavior.

Oh why yes the farmer and who he hires to pick those evil blueberries is the ron paul, neil boortz Libertarian anti-Christ.

Now if that "farmer" was picking cannabis(marijuana), you would be carping about govt. and tort lawyer tyranny.

You Libertarians provide great comedy on FR.

Now Ol' Dan, please puke the Libertarian line on how cannabis(marijuana) is so much more benficial than blueberries.

36 posted on 08/22/2006 10:12:05 AM PDT by Dane ("Mr. Gorbachev, tear down this wall" Ronald Reagan, 1987)
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To: Dane
Oh why yes the farmer and who he hires to pick those evil blueberries is the ron paul, neil boortz Libertarian anti-Christ.

Pure Geobbels-speak, which doesn't warrant a reply.

Now if that "farmer" was picking cannabis(marijuana), you would be carping about govt. and tort lawyer tyranny.

More Geobbels-speak --completely off-topic.

Now Ol' Dan, please puke the Libertarian line on how cannabis(marijuana) is so much more benficial than blueberries.

More Geobbels-speak designed to divert the discussion away from the fact that the farmer broke a legal contract with a company who legally imported migrant workers so that the farmer could work with a company the illegally imports and employs those who've illegally crossed the border.

As I said, you're the only one here defending criminal behavior.

37 posted on 08/22/2006 10:21:16 AM PDT by Ol' Dan Tucker (Karen Ryan reporting...)
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To: taxed2death

Ever notice how the paid political and commercial shills are getting easier to spot on FR? They'll attack, accuse, spin, warp logic, abuse argument and smear any opposition. I hope their paycheck compensates their whoring.


38 posted on 08/22/2006 10:24:08 AM PDT by LexBaird (Another member of the Bush/Halliburton/Zionist/CIA/NWO/Illuminati conspiracy for global domination!)
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To: Ol' Dan Tucker
As I said, you're the only one here defending criminal behavior.

LOL! You must be toking on the bong as you posted your reply.

Danny ol' boy, you on FR have been one the biggest marijuana defenders, but if someone decides to grow blueberries and hires a guy named Jose to pick those blueberries, you all the sudden become enraged(ala ron paul, neil boortz, pat buchanan, sean hannity).

I guess you all are mad that your gig is up and it is time to leave the stage, unless you can make the case that cannabis is more beneficial than blueberries.(chuckling)

39 posted on 08/22/2006 10:27:29 AM PDT by Dane ("Mr. Gorbachev, tear down this wall" Ronald Reagan, 1987)
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To: So Cal Rocket

While this sounds both effective and noble on the surface, what is missing here is that the laborers who are treated properly for the duration of the contract become more or less free agents at the end of the contract and the legal employer has no control of what they do next.

The expectation is that they will return to their countries of origin, but the reality is that they can just move over to the illegal side and take a cut in wages.

The real problem with this approach is that we will get caught up in the details and the devil will be buried in court paperwork.


40 posted on 08/22/2006 10:33:06 AM PDT by Old Professer (The critic writes with rapier pen, dips it twice, and writes again.)
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To: Dane
Great this ambulance chaser puts hospitals incompetent doctors out of business, now he sets his sights on Farmer Joe an organized gang of slave traders.

Fixed it.

L

41 posted on 08/22/2006 10:34:24 AM PDT by Lurker (I support Israel without reservation. Hizbollah must be destroyed to the last man.)
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To: Dane
Oh I forgot, he's going after Farmer Joe a conspirator in organized crime for hiring people named Jose for the evil deed of picking blueberries violating Immigration, Document Fraud, and Labor Laws.

Fixed it again.

L

42 posted on 08/22/2006 10:36:05 AM PDT by Lurker (I support Israel without reservation. Hizbollah must be destroyed to the last man.)
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To: Lurker

LOl! Did a gnat pass some flatulance(per reply #41)


43 posted on 08/22/2006 10:36:07 AM PDT by Dane ("Mr. Gorbachev, tear down this wall" Ronald Reagan, 1987)
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To: Dane
I guess the old adage of "you can lead a horse to water, but you can't make it drink" "I don't care about Labor Laws, Immigration Laws, Document Fraud Laws, Identity Theft Laws, or Tax Laws" applies to some on FR Dane.

May you're keeping me busy today.

L

44 posted on 08/22/2006 10:38:47 AM PDT by Lurker (I support Israel without reservation. Hizbollah must be destroyed to the last man.)
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To: webstersII
That suit was lost.

Mohawk Mills hasn't been decided yet.

L

45 posted on 08/22/2006 10:39:31 AM PDT by Lurker (I support Israel without reservation. Hizbollah must be destroyed to the last man.)
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To: Dane
Did a gnat pass some flatulance

No. You exhaled.

L

46 posted on 08/22/2006 10:40:43 AM PDT by Lurker (I support Israel without reservation. Hizbollah must be destroyed to the last man.)
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To: Fee

newsflash. The ABA is 100% optional. In fact most lawyers do NOT belong to the ABA.


47 posted on 08/22/2006 10:41:53 AM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: Lurker
May you're keeping me busy today.

No doubt, doing neil boortz liberal like historical revisionism, would keep one busy.

So many words to change, so little time.

48 posted on 08/22/2006 10:41:56 AM PDT by Dane ("Mr. Gorbachev, tear down this wall" Ronald Reagan, 1987)
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To: Dane
So many words to change, so little time. L
49 posted on 08/22/2006 10:42:58 AM PDT by Lurker (I support Israel without reservation. Hizbollah must be destroyed to the last man.)
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To: Dane
Danny ol' boy, you on FR have been one the biggest marijuana defenders, but if someone decides to grow blueberries and hires a guy named Jose to pick those blueberries, you all the sudden become enraged(ala ron paul, neil boortz, pat buchanan, sean hannity).

This discussion isn't about blueberries or marijuana, but about people.

Specifically, people who are illegally living and working inside the US.

Your posts have made it clear your desire to defend this illegal behavior.

You do understand the difference between legal activity and illegal activity, don't you?

Where was Jose born? Is Jose working in the USA? Did Jose immigrate into the USA legally? If not, did Jose break any US laws in doing so? If so, what should we do about it?

50 posted on 08/22/2006 11:15:11 AM PDT by Ol' Dan Tucker (Karen Ryan reporting...)
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