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Court rejects Obama bid to stop wiretapping suit
AP via SFGate ^ | 2/27/9 | DEVLIN BARRETT, Associated Press Writer

Posted on 02/27/2009 8:06:16 PM PST by SmithL

WASHINGTON, (AP) -- The Obama administration has lost its argument that a potential threat to national security should stop a lawsuit challenging the government's warrantless wiretapping program.

A federal appeals court in San Francisco on Friday rejected the Justice Department's request for an emergency stay in a case involving a defunct Islamic charity.

Yet government lawyers signaled they would continue fighting to keep the information secret, setting up a new showdown between the courts and the White House over national security.

The Obama administration, like the Bush administration before it, claimed national security would be compromised if a lawsuit brought by the Oregon chapter of the charity, Al-Haramain Islamic Foundation, was allowed to proceed.

Now, civil libertarians hope the case will become the first chance for a court to rule on whether the warrantless wiretapping program was legal or not. It cited the so-called state secrets privilege as a defense against the lawsuit.

"All we wanted was our day in court and it looks like we're finally going to get our day in court," said Al-Haramain's lawyer, Steven Goldberg. "This case is all about challenging an assertion of power by the executive branch which is extraordinary."

A Justice Department spokesman declined to comment.

But hours after the appeals court made its decision, government lawyers filed new papers insisting they still did not have to turn over any sensitive information.

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


TOPICS: Crime/Corruption; Front Page News; Government; War on Terror
KEYWORDS: 9thcircus; alharamain; doj; moneytrail; muslimcharities; terrortrials; wiretapping
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Once again, the 9th Circus has sided with America's enemies.
1 posted on 02/27/2009 8:06:16 PM PST by SmithL
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To: SmithL

The 9th Circuit is not the most overturned for nothing don’t ya know.


2 posted on 02/27/2009 8:09:29 PM PST by MissouriConservative (WHO IS JOHN GALT?)
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To: SmithL

Obama has declared the WOT is over and the world is at peace. What do we need this for? All you need is love!

Obama knows if something bad happens he is toast.


3 posted on 02/27/2009 8:09:51 PM PST by sickoflibs (Keynesian Economics : "If you won't spend your money WE WILL!")
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To: SmithL

The 9th circus will eventually be O’s best friend.


4 posted on 02/27/2009 8:13:10 PM PST by b4its2late (Ignorance allows liberalism to prosper.)
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To: SmithL

question:

If we managed, somehow to say in law that the 9th Circuit court no longer exists, what would happen to the judges sitting on it?

Is there precedent for a circumstance like that?


5 posted on 02/27/2009 8:14:22 PM PST by txnativegop (God Bless America! (NRA-Endowment))
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To: sickoflibs

> Obama knows if something bad happens he is toast.

Obama knows that if the muslims win, he is the first Caliph of the United Emirates of Ameriqa.


6 posted on 02/27/2009 8:14:50 PM PST by DieHard the Hunter (Is mise an ceann-cinnidh. Cha ghéill mi do dhuine. Fàg am bealach.)
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To: DieHard the Hunter

and the last


7 posted on 02/27/2009 8:19:03 PM PST by txnativegop (God Bless America! (NRA-Endowment))
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To: SmithL
a potential threat to national security should stop a lawsuit challenging the government's warrantless wiretapping program

Oh my God! they are engaging in warrantless wiretapping? We need to impeach this ba**ard right now!

8 posted on 02/27/2009 8:19:04 PM PST by 17th Miss Regt
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To: txnativegop
It's easier than that.

We'd only need for congress to establish the types of cases the court can NOT hear, then, list every type. The court still remains, but they cannot hear any cases.

This, incidentally, is based on Phyllis Schlafly’s solution to judicial activism, which is for congress to specify what types of cases the courts can hear.

9 posted on 02/27/2009 8:22:01 PM PST by Ghost of Philip Marlowe (The Stimulus Package: Preamble to the Democrat's new Declaration of In Dependence)
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To: txnativegop
Way back when one Administration had created courts and assigned judges. The new Administration simply abolished the courts and withdrew the warrants to the judges.

The Founding Fathers thought it fine to set up and take down courts like you would any civil service office.

Almost like they had a precursor of the Pendleton Act imbedded in their brains or something when it came to judges.

10 posted on 02/27/2009 8:22:20 PM PST by muawiyah
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To: muawiyah

Remember they suffered under royal judges and the Admiralty Court. They knew a thing or two about corrupt judges, didn’t they?


11 posted on 02/27/2009 8:23:42 PM PST by txnativegop (God Bless America! (NRA-Endowment))
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To: txnativegop
If we managed, somehow to say in law that the 9th Circuit court no longer exists, what would happen to the judges sitting on it?

Is there precedent for a circumstance like that?

Congress established the Circuit Courts of Appeal and may reorganize them as it desires. It may also abolish them if it so desires. In such a case, the judges on the court would be out of a job. You would see the ones laid off from the 9th Circus outside the Wal-Mart with a sign saying "Will pull law out of my grommet for food".

12 posted on 02/27/2009 8:24:32 PM PST by 17th Miss Regt
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To: Ghost of Philip Marlowe

That still leaves the fact that these knuckleheads will still draw a federal salary.


13 posted on 02/27/2009 8:25:31 PM PST by txnativegop (God Bless America! (NRA-Endowment))
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To: txnativegop
"question: If we managed, somehow to say in law that the 9th Circuit court no longer exists, what would happen to the judges sitting on it?

Is there precedent for a circumstance like that?

Article 1, Section 8, Clause 9...

To constitute Tribunals inferior to the supreme Court;

The constitution only spells out the Supreme Court. The rest is left to the Congress to organize, staff and fund. Don't see why they couldn't just dissolve it and have some other appellate court take over the case load. But, I'm not a lawyer.

14 posted on 02/27/2009 8:26:33 PM PST by Big_Monkey
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To: Ghost of Philip Marlowe
...Phyllis Schlafly’s solution to judicial activism, which is for congress to specify what types of cases the courts can hear.

That works, too. I only wish Congress would occasionally exercise this power.

15 posted on 02/27/2009 8:26:39 PM PST by 17th Miss Regt
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To: Big_Monkey

That is what I thought, but with lawyers, one never can tell, can one?


16 posted on 02/27/2009 8:29:10 PM PST by txnativegop (God Bless America! (NRA-Endowment))
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To: SmithL

The interesting thing here, is something which many who do not like Obama may not be recognizing. I’ve seen that the Obama Administration has continued to *carry through* with several of the Bush Administration policies. This seems to indicate something that I suspected before. I suspected that a “candidate” may say a lot of different things during the election, but many times that candidates position is somewhat modified by the “realities of the office” of President of the United States.

I do find it very interesting that the Obama Administration has carried forward with several Bush Administration policies...

Of course, that doesn’t turn Obama into a “conservative”... LOL... but it’s good news on a very few small things, anyway...


17 posted on 02/27/2009 8:37:56 PM PST by Star Traveler
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To: sickoflibs

I believe this article is saying that the Obama administration is defending warrentless wiretapping while being sued by Al-Haramain Islamic Foundation.

AT least it sounded like it by this quote:

“The Obama administration, like the Bush administration before it, claimed national security would be compromised if a lawsuit brought by the Oregon chapter of the charity, Al-Haramain Islamic Foundation, was allowed to proceed”

“hours after the appeals court made its decision, government lawyers filed new papers insisting they still did not have to turn over any sensitive information”


18 posted on 02/27/2009 8:39:21 PM PST by HollyB
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To: 17th Miss Regt
Oh my God! they are engaging in warrantless wiretapping? We need to impeach this ba**ard right now!

heh

19 posted on 02/27/2009 8:41:05 PM PST by Gondring (Paul Revere would have been flamed as a naysayer troll and told to go back to Boston.)
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To: DieHard the Hunter

LOL

Socialism yes, USA Islam state ?? You are definitely day dreaming

Those liberals would be unhappy with that, while Muslims go for Marxism, the Hollywood, MTV, homo-marriage culture would be outlawed by lashings. In fact in Europe there is some interesting conflicts between homos and Muslims that make me laugh. Tolerance of the intolerant.

How about Isreal? American Jews voted 80% for Obama. NO credit for Saddam by american Jews to Bush, Let them talk to Obama about Isreal.

A successful single attack on US soil would be goodbye Obama.


20 posted on 02/27/2009 8:51:13 PM PST by sickoflibs (Keynesian Economics : "If you won't spend your money WE WILL!")
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To: HollyB

I know that. Did you disagree with my post?


21 posted on 02/27/2009 8:52:59 PM PST by sickoflibs (Keynesian Economics : "If you won't spend your money WE WILL!")
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To: Big_Monkey

Judges, although appointed for life, are appointed to a particular seat on a particular court (or “bench”). If the court were to be disolved, so would be the appointment. If there were vacant seats on other courts, though, I imagine they would be filled by already-vetted judges from the disolved court. It’s all up to the congress to write the laws concerning the existence of and appointment to the lower courts. This congress would find all the loonies of the 9th a bench to warm, no doubt about that!


22 posted on 02/27/2009 9:04:09 PM PST by cartoonistx
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To: sickoflibs

> Socialism yes, USA Islam state ?? You are definitely day dreaming

Daydreaming, no. Nightmare, perhaps.

I sure don’t like what this new President is doing to your wonderful country. He is a very, very nasty piece of work.


23 posted on 02/27/2009 9:31:36 PM PST by DieHard the Hunter (Is mise an ceann-cinnidh. Cha ghéill mi do dhuine. Fàg am bealach.)
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To: DieHard the Hunter; bill1952; alex; djsherin; rabscuttle385; Paladin2
RE :”your wonderful country

Wonderful?? The best we can do is GWB, McCain, Obama, Pelosi, Reid, McConnell, Bayner, ???

The best we can do is a phony bubble 'spend before you earn' and 'get a huge bonus before you file for bankruptcy' Bush Ponzi economy or a Marxist socialist 'take from your neighbor' Obama/Pelosi economy? In both cases my wonderful country demands lots for nothing.

Right now 'wonderful' does NOT come to mind.

24 posted on 02/27/2009 10:01:59 PM PST by sickoflibs (Keynesian Economics : "If you won't spend your money WE WILL!")
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To: sickoflibs

> Wonderful?? The best we can do is GWB, McCain, Obama, Pelosi, Reid, McConnell, Bayner, ???

No, the best you can do is Michael Murphy, Michael Monsoor, Jason Dunham, Ross McGinnis, and Paul Smith. With mighty warriors heroes such as these — with plenty more where they came from — who cares about the bloody politicians?

Politicians come and go: Valor is forever.

(BTW, I think President George W Bush will prove to be one of America’s greatest presidents. You should be thankful and grateful that he was at the helm these past eight years.)

> The best we can do is a phony bubble ‘spend before you earn’ and ‘get a huge bonus before you file for bankruptcy’ Bush Ponzi economy or a Marxist socialist ‘take from your neighbor’ Obama/Pelosi economy? In both cases my wonderful country demands lots for nothing.

Your wonderful country keeps the rest of the Free World free. Don’t imagine for one moment that the rest of us aren’t profoundly grateful for that: we are.

Never, ever bad-mouth your country or imagine it to be anything other than wonderful. America will pull out of this temporary Obama distraction just fine: mark my words.

When America falls, so falls Civilization. We ain’t there yet. Not by a long shot.


25 posted on 02/27/2009 10:18:28 PM PST by DieHard the Hunter (Is mise an ceann-cinnidh. Cha ghéill mi do dhuine. Fàg am bealach.)
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To: sickoflibs

Hello? Hello? Your phone has been wiretapped.


26 posted on 02/28/2009 3:49:32 AM PST by myknowledge (Nothing beats Australia's F-22EMA Raptor)
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To: SmithL

“Yet government lawyers signaled they would continue fighting to keep the information secret”
* * * * *

Memo Re: Ulterior Agenda

This administration seeks to keep secret all information about birth certificates, and all spying on citizens, be they terrorists or Conservatives.


27 posted on 02/28/2009 5:03:32 AM PST by Canedawg (Congress shall make no law abridging the freedom of speech, or of the press.)
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To: 17th Miss Regt

You could have cut and pasted that post from any one of a thousand on DU, but it would have been about Bush. Delicious irony.


28 posted on 02/28/2009 6:02:29 AM PST by Hardastarboard (The Fairness Doctrine isn't about "Fairness" - it's about Doctrine.)
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To: DieHard the Hunter; mnehrling; Sioux-san; Red Steel; rxsid; hoosiermama; STARWISE; BP2; Polarik; ...
“Socialism yes, USA Islam state ?? You are definitely day dreaming

Daydreaming, no. Nightmare, perhaps.

I sure don’t like what this new President is doing to your wonderful country. He is a very, very nasty piece of work.”

I agree and for that reason I side with the Plaintiffs in this case. I don't want bo’s quasi-government to have the ability to wiretap anyone in furtherance of his Shite-Islamo-Marxist-Government.

29 posted on 02/28/2009 6:43:57 AM PST by FreeManN (www.ObamaCrimes.info)
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To: sickoflibs

“Ann Brick, a lawyer for the ACLU of Northern California, said the court has now crafted a way to review the issue in which “national security isn’t put at risk, but the rule of law can still be observed.”

So sicko what about this suit to protect the privacy of Conservatives do you disagree with?


30 posted on 02/28/2009 6:49:47 AM PST by FreeManN (www.ObamaCrimes.info)
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To: DieHard the Hunter; alex; Gondring; SinCityMom; Gatún(CraigIsaMangoTreeLawyer); ...
RE “I think President George W Bush will prove to be one of America’s greatest presidents. You should be thankful and grateful that he was at the helm these past eight years.

Let's see, he left ongoing war, massive debt, depression, historical increase in welfare state, Obama, Pelosi+ Reid, a mandate for socialism and a hatred of capitalism ,Republicans ,conservatism and real tax cuts, and left a party in disarray standing for nothing. Grateful is NOT the word that immediately comes to mind.

31 posted on 02/28/2009 10:00:17 AM PST by sickoflibs (Keynesian Economics : "If you won't spend your money WE WILL!")
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To: 17th Miss Regt
Oh my God! they are engaging in warrantless wiretapping? We need to impeach this evil, monkey faced, retarded ba**ard right now!

There, I fixed your post to make it sound more like atypical libtard posting.

32 posted on 02/28/2009 10:10:38 AM PST by Popman (One useless man is a shame, two is a law firm, and three is a Congress - John Adams)
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To: sickoflibs

Yes, grateful isn’t a word I’d use to describe Bush and is followers.

Let me add:

1. Prescription drug benefit, ( the largest transfer of wealth up to the multiple Shove-it-to-us bills)

2. One veto over the course of his 8 years.

Bush is a socialist, his followers are no better.


33 posted on 02/28/2009 10:18:39 AM PST by stockpirate (A people unwilling to use violent force to preserve liberty deserve the tyrants that rule them. SP-0)
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To: sickoflibs

Do you notice how cruel, mean and hate filled liberals are? They also don’t have much a brain either — Too much CNN propaganda I would guess.


34 posted on 02/28/2009 10:24:33 AM PST by Tarpon (It’s a common fact, one can’t be liberal and rational at the same time.)
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To: Tarpon
RE :”Do you notice how cruel, mean and hate filled liberals are? “

Looks like it worked! Little late to notice that, they are in charge, but still keep the voters blaming republicans.

35 posted on 02/28/2009 10:31:50 AM PST by sickoflibs (Keynesian Economics : "If you won't spend your money WE WILL!")
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To: sickoflibs

I don’t think so, they’ll blame someone else. Never take responsibility for a wrong you have committed (they’ll even blame their mom or dad), just as they have brainwashed all the kids today.


36 posted on 02/28/2009 10:42:14 AM PST by huldah1776 ( Worthy is the Lamb)
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To: SmithL

If there is one thing I’ll defend the Bush Admin on, it’s the use of a modified Pen Register and Trap And Trace program to uncover Muslim terrorists abroad and here at home.

Calling it “wiretapping” is technically and LEGALLY incorrect and a lie and it is disingenuous and misinformed and just plain stupid, depending upon who’s saying it. Frequently all of the foregoing.

What I WON’T defend GWB or even one Republican on is their monumental negligence in countering the despicable lie of “warrantless wiretapping.”

There has never, ever been even one single factual assertion that this was done (nor will there ever be), and easy reading between the lines says that it WASN’T.

I curse George Bush for yet another lost opportunity to use the bully pulpit.


37 posted on 02/28/2009 10:46:52 AM PST by angkor
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To: stockpirate; sickoflibs
Not to mention that he wanted to provide American identities and privileges (aka “Z visas”) to 20 million illegal aliens of unknown (and forever unknowable) background, country of origin, criminal/financial/ideological background, and health status.

Hell, anyone - and I mean ANYONE - without an existing U.S. fingerprint record could have applied for the dangerous and completely insecure “Z visa” to obtain a new or a second U.S. Government approved (but fake) identity. Including native Americans citizens. Or Chinese and Russian intelligence agents. Or European scofflaws and criminals.

I curse every single politician in Washington who thought that subverting America's already shaky national security was a “good idea”. And most specifically George Bush, McQueeg, Specter, and Pansy.

38 posted on 02/28/2009 11:01:12 AM PST by angkor
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To: sickoflibs

“Let’s see, he left ongoing war, massive debt, depression, historical increase in welfare state, Obama, Pelosi+ Reid, a mandate for socialism and a hatred of capitalism ,Republicans ,conservatism and real tax cuts, and left a party in disarray standing for nothing. Grateful is NOT the word that immediately comes to mind.”

Well said! I agree 100%.


39 posted on 02/28/2009 11:10:20 AM PST by Cheetahcat (Osamabama the Wright kind of Racist!)
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To: angkor

Why in God’s name did the appoint Steele to head the RNC?

We are not going to advance one inch with him at the helm.


40 posted on 02/28/2009 12:40:06 PM PST by stockpirate (A people unwilling to use violent force to preserve liberty deserve the tyrants that rule them. SP-0)
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To: Popman

Nice touch! It does ring a bit more true that way.


41 posted on 02/28/2009 1:02:42 PM PST by 17th Miss Regt
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To: sickoflibs

> Let’s see, he left ongoing war,

Wars sometimes take a while to fight and win. The war timetable was not determined by Bush. To a large extent, the Enemy has a say in that.

You conveniently forget or omit that Bush and his policies kept America safe for 7 years following 9/11 — something that many thought unlikely in the weeks immediately following the WTC attacks.

> massive debt,

You had that already. And wars cost money to fight: lots of it, if you persist in fighting wars Yankee-style. That is to say, to have a preference toward expending treasure rather than sacrificing men. You could have had the war finised much sooner, if you didn’t mind how many American and civilian casualties you were willing to take.

So, following this humane warmaking methodology costs significant amounts of money. You don’t have it hanging around as spare cash so you have to borrow. No mysteries there.

> depression,

Blame congress for that.

> historical increase in welfare state,

By that you mean...?

> Obama, Pelosi+ Reid, a mandate for socialism and a hatred of capitalism

Bush doesn’t get to vote in who gets to represent the Democrats.

> ,Republicans ,conservatism and real tax cuts,

Democrats are going to hate these things anyway. They’re Democrats, for crying out loud!

You don’t seriously expect Pelosi et. al. to have ever had a prospect of loving Republicans, conservatism and real tax cuts do you?

> and left a party in disarray standing for nothing.

That’s your fault, and the fault of every other member of the GOP. Bush did his job, but you didn’t. In fact, the election cycle is proof positive that Conservatives in America cannot find their arse with both hands, a map and a flashlite. A more disorganized bunch it would be difficult to imagine.

> Grateful is NOT the word that immediately comes to mind.

That is because you are an ingrate seeking to blame Bush for your own failings. You’re the guy with the vote. You put Bush in the White House. You failed to have an exit strategy when his time was up.


42 posted on 02/28/2009 3:12:37 PM PST by DieHard the Hunter (Is mise an ceann-cinnidh. Cha ghéill mi do dhuine. Fàg am bealach.)
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To: DieHard the Hunter; sickoflibs; genetic homophobe; Gondring

“I think President George W Bush will prove to be one of America’s greatest presidents.”

I can’t believe you can type that with a straight face.

You can’t blame congress for everything, the man had a veto pen. For 8 years he pushed for the democrap version of immigration “reform”. He signed all the pork, he signed McPain Feingold. He wanted the bailout. He did the auto bailout by executive order on his way out the door! He instigated the surge in Iraq 2 years after he should have. His chosen Treasury Secretaries were all statists. He surrounded himself with incompetent sycophants and cronies.

Pretend he’s a Democrat and not a “Republican” and tell me he was great.

The Bushes are the Royal Family of RINOs.


43 posted on 02/28/2009 4:57:23 PM PST by Impy (RED=COMMUNIST, NOT REPUBLICAN)
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To: Gondring; SinCityMom; Gatún(CraigIsaMangoTreeLawyer); Hillary'sMoralVoid; tatown; meandog; ken21; .

I have to share his comment #31, Is this blind worship or what ??

a sample :

ME :”Bush left a party in disarray standing for nothing.”

DieHard the Hunter response:

“That’s your fault, and the fault of every other member of the GOP. Bush did his job, but you didn’t. In fact, the election cycle is proof positive that Conservatives in America cannot find their arse with both hands, a map and a flashlite. A more disorganized bunch it would be difficult to imagine.”


44 posted on 02/28/2009 6:31:13 PM PST by sickoflibs (Keynesian Economics : "If you won't spend your money WE WILL!")
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To: Gondring; SinCityMom; Gatún(CraigIsaMangoTreeLawyer); Hillary'sMoralVoid; tatown; meandog; ken21; .

Sorry it was 42


45 posted on 02/28/2009 6:33:00 PM PST by sickoflibs (Keynesian Economics : "If you won't spend your money WE WILL!")
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To: sickoflibs
Bush left a party in disarray standing for nothing.

I speak a a former Bush defender who voted for him 4 times.

Let's see, how would Bush act if he wanted to get Obama elected and push his leftist agenda?

Stop arrests of illegals just before the election to make sure Obama's would not be embarrassed by the arrest of his illegal aunt? Check.

Push a $750B bailout to irresponsible banks, increasing the deficit, so that Obama could blame Republicans and start spending like crazy? Check.

46 posted on 02/28/2009 6:48:32 PM PST by ding_dong_daddy_from_dumas (I want to "Buy American" but the only things for sale made in the USA are politicians)
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To: ding_dong_daddy_from_dumas

I am a former 4 time voter too. It even makes me madder.


47 posted on 02/28/2009 6:58:58 PM PST by sickoflibs (Keynesian Economics : "If you won't spend your money WE WILL!")
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To: Impy
I can’t believe you can type that with a straight face.

You and me both.

History will show that Bush was one of if not the worst president this country has ever seen. He is also rsponsible for having destroyed the GOP and begetting us Obama. I like Clinton more and I hate Clinton.

48 posted on 02/28/2009 7:05:38 PM PST by South40
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To: sickoflibs

die hard is no doubt a RINO.

With the sales of guns and ammo now and wven reports of an ammo shortage this arguement is becoming mute.

Soon events will move in an almost surreal pace. Then freedom again. Freedom for my grand children, and yours.


49 posted on 02/28/2009 7:15:23 PM PST by stockpirate (A people unwilling to use violent force to preserve liberty deserve the tyrants that rule them. SP-0)
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To: sickoflibs

LOL this guy is from New Zealand.


50 posted on 02/28/2009 7:29:10 PM PST by Impy (RED=COMMUNIST, NOT REPUBLICAN)
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