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Fred Hits DoJ for "Overlawyering" Gun Rights Case!
The Corner at the National Review ^ | January 16, 2008 | Jonathan Adler

Posted on 01/16/2008 11:24:30 AM PST by 2ndDivisionVet

Gun rights advocates were understandably dismayed when the Bush Administration Justice Department submitted a brief in District of Columbia v. Heller, the big Second Amendent case to be argued later this term, calling for a remand of the case for reconsideration of D.C.'s gun laws under a less demanding constitutional standard. Given the Bush Administration's support for an "individual rights" view of the Second Amendment, many find it incomprehensible that the Administration would not support the D.C. Circuit decision holding D.C.'s draconian gun restrictions unconstitutional. The DoJ's brief is also a potentially unwelcome development in the Presidential race, as it could dampen gun owners' support of GOP candidates.

I do not know whether any of the other campaigns have taken notice of the DoJ brief, but Fred has. As reported on RedState, Thompson accused the administration of "overlawyering" the case. After all, if an individual rights view of the Second Amendment does not proscribe an outright ban on handgun possession, there is not much left of the rights it purportedly protects.


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Extended News; News/Current Events; Philosophy; Politics/Elections; US: District of Columbia; US: South Carolina; US: Tennessee
KEYWORDS: 2008; 2ndamendment; banglist; castledoctrine; chinalover; election; electionpresident; elections; fred; fredthompson; goa; gop; heller; nra; parker; republicans; rkba; rtkba; secondamendment; thompson
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This is HUGE! Fred is, to my knowledge, the only candidate in either party to have the stones to come out against the Bush DOJ on this! Hopefully, the NRA will wake up and endorse Fred before Saturday!
1 posted on 01/16/2008 11:24:31 AM PST by 2ndDivisionVet
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To: 2ndDivisionVet

Fred’s view on the Constitution is heads and shoulders about the rest.


2 posted on 01/16/2008 11:26:42 AM PST by Always Right
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To: 2ndDivisionVet

Good for Fred.


3 posted on 01/16/2008 11:27:21 AM PST by AuntB (" DON'T LET THE PRESS PICK YOUR CANDIDATE!" Mrs. Duncan Hunter 1/5/08)
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To: 2ndDivisionVet

Cool...


4 posted on 01/16/2008 11:28:26 AM PST by Dead Corpse (What would a free man do?)
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To: 2ndDivisionVet

Outstanding! Speak truth to power Fred!


5 posted on 01/16/2008 11:29:16 AM PST by Enterprise (Those who "betray us" also "Betray U.S." They're called DEMOCRATS!)
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To: 2ndDivisionVet
I'd sure like the NRA to show its appreciation right before the SC primary with an endorsement.

It would be like Christmas in January!


6 posted on 01/16/2008 11:29:16 AM PST by Servant of the Cross (the Truth will set you free)
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To: 2ndDivisionVet

Idiots like Huckabee want to criticize the Bush administration over his prosecution of the war on Islamo Fascists (one of the few things Bush has done right), but won’t say a word about some of the really stupid things his administration has done. Like filing this amicus brief.

Fred gets the 2A. It’s not about hunting varmints Mitt. Its about all of us owning fire arms to “protect us from all of you” (as Suzanna Haupp said while testifying before Congress)


7 posted on 01/16/2008 11:29:33 AM PST by Old Teufel Hunden
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To: 2ndDivisionVet
The current DOJ position is laughable, if pathetic. We have this constitutional right, but there is no reason why the 20,000 laws infringing it are wrong.

Machine guns! Did we mention machine guns? We're talking about machine guns here, people. So ban handguns or else. We're not sure how that's related. -Bush DOJ

8 posted on 01/16/2008 11:30:37 AM PST by Sender (Feel like, I feel like a poke chop san'wich)
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To: Always Right
Fred’s view on the Constitution is heads and shoulders about the rest.

Judges, judges, judges. Those are three of the most important tissues a President will deal with.

Thompson is the only candidate I trust to appoint judges who understand that the Constitution and the law mean what they say, and not what the judge wants them to say.

9 posted on 01/16/2008 11:31:26 AM PST by kevkrom (All those in favor of Thompson, don't raise your hand.)
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To: 2ndDivisionVet
Came across this and wondered what you make of it...anti-gun bills supported by Fred.

http://conservativesagainstfred.wordpress.com/2007/06/11/fred-thompsons-anti-gun-senate-record/

10 posted on 01/16/2008 11:31:33 AM PST by arturo (hypocritical bias and double-standards not tolerated)
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To: 2ndDivisionVet

Kudos to McFred. Seriously.


11 posted on 01/16/2008 11:32:40 AM PST by Nephi ( $100m ante is a symptom of the old media... the Ron Paul Revolution is the new media's choice.)
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To: 2ndDivisionVet

Bush is becoming more like McCain the longer he stays in Washington. Whenver, the GOP is about to win something they both jump in and screw everything up.


12 posted on 01/16/2008 11:33:24 AM PST by Mogollon
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To: arturo

Troll.


13 posted on 01/16/2008 11:33:27 AM PST by TornadoAlley3 ( UNITED BY OUR CORE BELIEFS Fred08)
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To: Servant of the Cross

“I’d sure like the NRA to show its appreciation right before the SC primary with an endorsement.”

Why the NRA has not already endorsed Fred is beyond me. They could provide a big boost. Lets see,

Mitt talks about hunting varmints as a kid to boost his 2A credentials.

Huckabee has pictures taken hunting pheasant to boost his 2A credentials.

Fred visits gun stores, gun shows and comes out with statements like this to show his 2A credentials. You tell me who gets it...


14 posted on 01/16/2008 11:33:30 AM PST by Old Teufel Hunden
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To: 2ndDivisionVet

Bush is selling us out.


15 posted on 01/16/2008 11:33:41 AM PST by PeterFinn (A muslim in the White House would be an Obamination.)
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To: jellybean; Politicalmom; girlangler; KoRn; Shortstop7; Lunatic Fringe; Darnright; babygene; ...
Photo Sharing and Video Hosting at Photobucket

Fredipedia: The Definitive Fred Thompson Reference

WARNING: If you wish to join, be aware that this ping list is EXTREMELY active.

16 posted on 01/16/2008 11:34:52 AM PST by Politicalmom (I'm the aunt of a brand-new Naval Officer. I'm proud of you, Kristi.)
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To: All
Let's hear it for Fred!
17 posted on 01/16/2008 11:35:54 AM PST by pepperhead (Kennedy's float, Mary Jo's don't!)
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To: 2ndDivisionVet

on this issue of second amendment.

Other candidates posed while hunting for birds,

Thompson is the only one who actually went to a gun show where registered voters are located.

People who can talk to candidate vs dead birds which do NOT talk to candidates.


18 posted on 01/16/2008 11:36:10 AM PST by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: 2ndDivisionVet

It’s ALL about the machine guns:

http://www.freerepublic.com/focus/f-news/1954413/posts


19 posted on 01/16/2008 11:37:32 AM PST by Beelzebubba ("We do have tough gun laws in Massachusetts; I support them, I won't chip away at them" -Mitt Romney)
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To: 2ndDivisionVet
Those who truly care about their 2nd Ammendment rights need to get behind Fred before we are saddled with a nominee who will run left on this issue after he is elected and betray us. What we lose may be lost forever.

We NEED Fred Thompson.

20 posted on 01/16/2008 11:37:42 AM PST by Route66 (America's Main Street - - - Fred D. Thompson / Consistent Conservative...The One with Gravitas)
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To: 2ndDivisionVet

Yes!!!!!!!!!!!!!!

I was waiting, and hoping, that Fred would come out against this.

South Carolina:

Forget about the old, tired, war hero. He served his country in the military but he’s unfit for the presidency.

The slick Yankee governor is “OK” but he’d never say something like this.

The preacher-man from Arkansas might sound good, but he’s as slimy as Jim Bakker at a K-Y wrestling match at an all-girls school.

The OTHER Yankee in this race will TAKE your guns and be happy about it.

That leaves the REAL CONSERVATIVE. The REAL deal. Fred D. Thompson. For President in 2008.


21 posted on 01/16/2008 11:37:43 AM PST by RockinRight (Huck(abee, not the Freeper Huck) Sucks.)
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To: 2ndDivisionVet

But will this news release get out to the public and also the NRA? Hope Fred repeats this over and over in South Carolina at his events today, tomorrow and Friday! Does anyone know where the NRA is in their endorsement process. Heard a long time back that they were going over the questionaires the candidates returned. Seems about time they came out and endorsed! GO FRED!


22 posted on 01/16/2008 11:38:00 AM PST by seekthetruth
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To: TornadoAlley3
Troll.

Wrong, ostrich head. I've been a member of this site 9 years longer than you. Just did a quick internet search after seeing this article. Face the facts. There is no perfect "conservative" candidate. All you Fred-heads are denying the truth in your adoration of the man.

23 posted on 01/16/2008 11:38:31 AM PST by arturo (hypocritical bias and double-standards not tolerated)
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To: 2ndDivisionVet

Applause for Fred on this conservative issue.


24 posted on 01/16/2008 11:38:51 AM PST by CJ Wolf
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To: Politicalmom; jellybean; Josh Painter; ejonesie22; papasmurf; Bobbisox; DesScorp; thefactor; ...
FREDERALISM PING!!
25 posted on 01/16/2008 11:39:32 AM PST by 2ndDivisionVet (Your "dirt" on Fred is about as persuasive as a Nancy Pelosi Veteran's Day Speech)
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To: seekthetruth

Go Fred, SLAM the others for not voicing outrage at the bush admin brief!


26 posted on 01/16/2008 11:39:33 AM PST by MtnClimber (http://www.fred08.com/)
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To: 2ndDivisionVet

Bump.


27 posted on 01/16/2008 11:39:35 AM PST by stevio ((NRA))
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To: Old Teufel Hunden

I’m not Huckabee fan, but I believe he has his CCW.


28 posted on 01/16/2008 11:40:22 AM PST by dashing doofus (Those who are too smart to engage in politics are punished by being governed by those who are dumber)
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To: Old Teufel Hunden
“Why the NRA has not already endorsed Fred is beyond me. They could provide a big boost. Lets see,”

Huckabee is the only reason that the NRA hasn’t endorsed Fred already.

Huck is the only other top tier candidate with a good record on guns. As long as Huck stays in the top tier they wont endorse.

By the time Huck falls it may be too late for the NRA to make any difference in the race.

29 posted on 01/16/2008 11:41:08 AM PST by Beagle8U (FreeRepublic -- One stop shopping ....... Its the Conservative Super WalMart for news .)
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To: arturo

Troll? Maybe not.

Fred-hating Huckabee kool-aid drinker?

Probably.


30 posted on 01/16/2008 11:41:11 AM PST by RockinRight (Huck(abee, not the Freeper Huck) Sucks.)
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To: dashing doofus

Yeah, according to Fox news (report from when his doofus son was arrested for carrying a loaded Glock thru airport security), he does have CCW:

http://www.foxnews.com/story/0,2933,268762,00.html


31 posted on 01/16/2008 11:41:38 AM PST by dashing doofus (Those who are too smart to engage in politics are punished by being governed by those who are dumber)
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To: 2ndDivisionVet

Do you happen to have the full quote handy. I hate it when someone uses one word in this case “overlawyering” to write an article. Redstate basically did the same thing and then quoted the author of the article on a previous blog.


32 posted on 01/16/2008 11:42:36 AM PST by CJ Wolf
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To: arturo
Came across this and wondered what you make of it...anti-gun bills supported by Fred. http://conservativesagainstfred.wordpress.com/2007/06/11/fred-thompsons-anti-gun-senate-record/

I make of it: distortion, errors, and real stretches. See analysis by ellery for more details.

33 posted on 01/16/2008 11:42:50 AM PST by kevkrom (All those in favor of Thompson, don't raise your hand.)
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To: dashing doofus

I don’t think having a CCW makes you a conservative.


34 posted on 01/16/2008 11:44:14 AM PST by CJ Wolf
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To: dashing doofus

I agree, I don’t like the Huckster but I trust him on this issue.


35 posted on 01/16/2008 11:44:29 AM PST by pepperhead (Kennedy's float, Mary Jo's don't!)
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To: ellery

You want to shoot down the GOA’s “anti-gun FRed” lies again?


36 posted on 01/16/2008 11:45:09 AM PST by Politicalmom (I'm the aunt of a brand-new Naval Officer. I'm proud of you, Kristi.)
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To: 2ndDivisionVet

Here’s the video of Suzanne Hupp testifying before congress.

http://www.washingtonceasefire.com/content/view/23/35/

Just one final statement.
I’ve been sitting here getting more and more fed up with all of this talk about these, pieces of machinery, having no legitimate sporting purpose, no legitimate hunting purpose, people, that is not the point of the second amendment!
The second amendment is not about duck hunting, and I know I’m not going to make very many friends saying this, but it’s about our right, all of our right to be able to protect our selves from all of you guys up there.
And nobody’s talked about that.

Dr. Suzanna Gratia, Killeen massacre survivor who watched as her parents were murdered because she obeyed Texas law and left her handgun locked in her car. Appearing before Rep Schumer’s committee hearings on the assault weapons ban


37 posted on 01/16/2008 11:45:37 AM PST by HuntsvilleTxVeteran (Rudy,Romney,McCain, Huckabee will send a self-abused stomped elephant to the DRNC.)
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To: Beagle8U
By the time Huck falls it may be too late for the NRA to make any difference in the race.

I agree, then endorsement will mean nothing or have no effect if they wait too much longer.

38 posted on 01/16/2008 11:45:45 AM PST by pepperhead (Kennedy's float, Mary Jo's don't!)
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To: RockinRight
Fred-hating Huckabee kool-aid drinker? Probably.

Kool-aid drinker! That's funny coming from the ranks of the self proclaimed Fred-heads. Truth is I don't hate Thompson or any of the Republican candidates. But I'm not going to blind myself to their weaknesses (like you) either. If you can't handle the truth, don't take it out on me.

39 posted on 01/16/2008 11:46:05 AM PST by arturo (hypocritical bias and double-standards not tolerated)
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To: CJ Wolf; All

“Overlawyering” DC v. Heller
Posted on January 16th, 2008
By Sean Hackbarth in Law, Second Amendment

Gamecock at RedState liked what he heard at one of Fred’s radio town halls yesterday. Fred talked about the case involving Washington, D.C.’s gun control law that’s being challenged in the Supreme Court:

Asked his opinion of the Second Amendment and the Solicitor General’s request that the DC Circuit Court remand the appeal back to the trial court for “fact-finding”, the lawyer turned Senator from Tennessee said the Bush Administration was “overlawyering” and stated that he opposed remand and that the case should move forward to the U.S. Supreme Court.

Fred is a strong supporter of the Second Amendment. Last year, Fred wrote about District of Columbia v. Heller:

Six plaintiffs from Washington, D.C. challenged the provisions of the D.C. Code that prohibited them from owning or carrying a handgun. They argued that the rules were an unconstitutional abridgment of their Second Amendment rights. The Second Amendment, part of the Bill of Rights, provides, “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

The District argued, as many gun-control advocates do, that these words only guarantee a collective “right” to bear arms while serving the government. The United States Court of Appeals for the District of Columbia Circuit rejected this approach and instead adopted an “individual rights” view of the Second Amendment. The D.C. Circuit is far from alone. The Fifth Circuit and many leading legal scholars, including the self-acknowledged liberal Harvard law professor Laurence Tribe, have also come to adopt such an individual rights view.

I’ve always understood the Second Amendment to mean what it says – it guarantees a citizen the right to “keep and bear” firearms, and that’s why I’ve been supportive of the National Rifle Association’s efforts to have the DC law overturned.

In general, lawful gun ownership is a pretty simple matter. The Founders established gun-owner rights so that citizens would possess and be able to exercise the universal right of self-defense. Guns enable their owners to protect themselves from robbery and assault more successfully and more safely than they otherwise would be able to. The danger of laws like the D.C. handgun ban is that they limit the availability of legal guns to people who want to use them for legitimate reasons, such as self-defense (let alone hunting, sport shooting, collecting), while doing nothing to prevent criminals from acquiring guns.

The D.C. handgun ban, like all handgun bans is necessarily ineffectual. It takes the guns that would be used for self protection out of the hands of law-abiding citizens, while doing practically nothing to prevent criminals from obtaining guns to use to commit crimes. Even the federal judges in the D.C. case knew about the flourishing black market for guns in our nation’s capital that leaves the criminals armed and the law-abiding defenseless. This is unacceptable.

[Cross-posted from Lawyers for Fred]

UPDATE: Jonathan Adler notes Fred is the first candidate to speak out about the administration’s actions.


40 posted on 01/16/2008 11:47:09 AM PST by 2ndDivisionVet (Your "dirt" on Fred is about as persuasive as a Nancy Pelosi Veteran's Day Speech)
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To: arturo

The only candidate you go easy on is Huckabee. Is that your choice?

Or are you one of the ones that NOBODY is good enough for, and therefore you spend your time bitching?


41 posted on 01/16/2008 11:47:21 AM PST by RockinRight (Huck(abee, not the Freeper Huck) Sucks.)
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To: Old Teufel Hunden
I recognized Teufel from high school German classes (the teacher called a few of us that). So I had to check up on Teufel Hunden and I'm assuming that you are USMC. You have my greatest appreciation sir for your service to our country.
42 posted on 01/16/2008 11:47:50 AM PST by Servant of the Cross (the Truth will set you free)
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To: CJ Wolf

So far, that’s all that’s available on FRed 08, but this is his previous statement on the case.

Last year, Fred wrote about District of Columbia v. Heller:

Six plaintiffs from Washington, D.C. challenged the provisions of the D.C. Code that prohibited them from owning or carrying a handgun. They argued that the rules were an unconstitutional abridgment of their Second Amendment rights. The Second Amendment, part of the Bill of Rights, provides, “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

The District argued, as many gun-control advocates do, that these words only guarantee a collective “right” to bear arms while serving the government. The United States Court of Appeals for the District of Columbia Circuit rejected this approach and instead adopted an “individual rights” view of the Second Amendment. The D.C. Circuit is far from alone. The Fifth Circuit and many leading legal scholars, including the self-acknowledged liberal Harvard law professor Laurence Tribe, have also come to adopt such an individual rights view.

I’ve always understood the Second Amendment to mean what it says – it guarantees a citizen the right to “keep and bear” firearms, and that’s why I’ve been supportive of the National Rifle Association’s efforts to have the DC law overturned.

In general, lawful gun ownership is a pretty simple matter. The Founders established gun-owner rights so that citizens would possess and be able to exercise the universal right of self-defense. Guns enable their owners to protect themselves from robbery and assault more successfully and more safely than they otherwise would be able to. The danger of laws like the D.C. handgun ban is that they limit the availability of legal guns to people who want to use them for legitimate reasons, such as self-defense (let alone hunting, sport shooting, collecting), while doing nothing to prevent criminals from acquiring guns.

The D.C. handgun ban, like all handgun bans is necessarily ineffectual. It takes the guns that would be used for self protection out of the hands of law-abiding citizens, while doing practically nothing to prevent criminals from obtaining guns to use to commit crimes. Even the federal judges in the D.C. case knew about the flourishing black market for guns in our nation’s capital that leaves the criminals armed and the law-abiding defenseless. This is unacceptable.


43 posted on 01/16/2008 11:48:12 AM PST by Politicalmom (I'm the aunt of a brand-new Naval Officer. I'm proud of you, Kristi.)
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To: 2ndDivisionVet

“We’re going to have to take one step at a time,
and the first step is necessarily — given the
political realities — going to be very modest .
.. So then we’ll have to start working again to
strengthen the law, and then again to strengthen
the next law, and maybe again and again.
Right now, though, we’d be satisfied not with half
a loaf but with a slice.
Our ultimate goal — total control of handguns in
the United States — is going to take time ....
The first problem is to slow down the increasing
number of guns being produced and sold in this country.
The second problem is to get handguns registered.
And the final problem is to make the possession of *all*
handguns and *all* handgun ammunition — except for the
military, policemen, licensed security guards, licensed
sporting clubs, and licensed gun collectors — totally
illegal.”
— Pete Shields, Chairman Emeritus, Handgun Control, Inc.
( “The New Yorker”, July 26, 1976 )


44 posted on 01/16/2008 11:48:18 AM PST by HuntsvilleTxVeteran (Rudy,Romney,McCain, Huckabee will send a self-abused stomped elephant to the DRNC.)
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To: pepperhead

Yeah. I have nothing against Huck’s God and Guns beliefs, but Fred is clearly the more conservative of the two, judging from Huck’s actions while governor of Arkansas.

(What is it about these Arkansas governors?)


45 posted on 01/16/2008 11:48:21 AM PST by dashing doofus (Those who are too smart to engage in politics are punished by being governed by those who are dumber)
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To: 2ndDivisionVet

Fred is the only one who has come out and said that his idea of gun control is a firm grip with both hands.


46 posted on 01/16/2008 11:49:21 AM PST by NurdlyPeon (Thompson / Hunter in 2008)
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To: arturo

People wonder about those that only see weakness. Hmmmmm.


47 posted on 01/16/2008 11:49:23 AM PST by donnab (ordinary men and women do extraordinary things....watch us.)
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To: TornadoAlley3

He’s not a troll for citing a Senate voting record. Thompson should address these questions before they become fodder for his competitors to hammer him with.


48 posted on 01/16/2008 11:49:59 AM PST by PeterFinn (A muslim in the White House would be an Obamination.)
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To: 2ndDivisionVet

Sorry, I guess you misunderstood me, I read the article. I just wanted the full Fred Thompson Quote from which it is written from.


49 posted on 01/16/2008 11:50:14 AM PST by CJ Wolf
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To: Beagle8U

“Huckabee is the only reason that the NRA hasn’t endorsed Fred already.
Huck is the only other top tier candidate with a good record on guns. As long as Huck stays in the top tier they wont endorse.
By the time Huck falls it may be too late for the NRA to make any difference in the race.”

I agree that Fred and Huckabee are both rated high by the NRA. However, don’t you think the NRA would take a look at their stands on other issues as well? If so, then they would endorse Fred since he is conservative on ALL issues, not just 2nd amendment and being pro-life! Huckabee is a liberal on most other issues! GO FRED!


50 posted on 01/16/2008 11:51:28 AM PST by seekthetruth
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