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Boehner warns Obama that Libya will violate war powers
Washington Examiner ^ | 06/14/11 3:34 PM | By: Susan Ferrechio

Posted on 06/14/2011 2:03:28 PM PDT by Red Badger

House Speaker John Boehner, R-Ohio, sent President Obama a letter Tuesday afternoon warning him that the operation in Libya will be violating the War Powers Resolution by this Sunday, which marks the 90th day of U.S. military involvement in the country.

Boehner wants "a clear explanation of the legal standing under the War Powers Resolution," that Obama is using to justify continuing the operations behind Sunday.

The letter is below.

June 14, 2011

Dear Mr. President:

Five days from now, our country will reach the 90-day mark from the notification to Congress regarding the commencement of the military operation in Libya, which began on March 18, 2011. On June 3, 2011, the House passed a resolution which, among other provisions, made clear that the Administration has not asked for, nor received, Congressional authorization of the mission in Libya. Therefore, it would appear that in five days, the Administration will be in violation of the War Powers Resolution unless it asks for and receives authorization from Congress or withdraws all U.S. troops and resources from the mission.

Since the mission began, the Administration has provided tactical operational briefings to the House of Representatives, but the White House has systematically avoided requesting a formal authorization for its action. It has simultaneously sought, however, to portray that its actions are consistent with the War Powers Resolution. The combination of these actions has left many Members of Congress, as well as the American people, frustrated by the lack of clarity over the Administration’s strategic policies, by a refusal to acknowledge and respect the role of the Congress, and by a refusal to comply with the basic tenets of the War Powers Resolution.

You took an oath before the American people on January 20, 2009 in which you swore to “faithfully execute the Office of President” and to “preserve, protect and defend the Constitution of the United States.” The Constitution requires the President to “take Care that the Laws be faithfully executed,” and one of those laws is the War Powers Resolution, which requires an approving action by Congress or withdrawal within 90 days from the notification of a military operation. Given the mission you have ordered to the U.S. Armed Forces with respect to Libya and the text of the War Powers Resolution, the House is left to conclude that you have made one of two determinations: either you have concluded the War Powers Resolution does not apply to the mission in Libya, or you have determined the War Powers Resolution is contrary to the Constitution. The House, and the American people whom we represent, deserve to know the determination you have made.

Therefore, on behalf of the institution and the American people, I must ask you the following questions: Have you or your Administration conducted the legal analysis to justify your position as to whether your Administration views itself to be in compliance with the War Powers Resolution so that it may continue current operations, absent formal Congressional support or authorization, once the 90-day mark is reached? Assuming you conducted that analysis, was it with the consensus view of all stakeholders of the relevant Departments in the Executive branch? In addition, has there been an introduction of a new set of facts or circumstances which would have changed the legal analysis the Office of Legal Counsel released on April 1, 2011? Given the gravity of the constitutional and statutory questions involved, I request your answer by Friday, June 17, 2011.

From the beginning, the House of Representatives has sought to balance two equal imperatives regarding Libya which have been in direct contradiction: the House of Representatives takes seriously America’s leadership role in the world; our country’s interests in the region; and the commitments to and from its steadfast allies. At the same time, strong concern and opposition exists to the use of military force when the military mission, by design, cannot secure a U.S. strategic policy objective. The ongoing, deeply divisive debate originated with a lack of genuine consultation prior to commencement of operations and has been further exacerbated by the lack of visibility and leadership from you and your Administration.

I respect your authority as Commander-in-Chief, though I remain deeply concerned the Congress has not been provided answers from the Executive branch to fundamental questions regarding the Libya mission necessary for us to fulfill our equally important Constitutional responsibilities. I believe in the moral leadership our country can and should exhibit, especially during such a transformational time in the Middle East. I sincerely hope the Administration will faithfully comply with the War Powers Resolution and the requests made by the House of Representatives, and that you will use your unique authority as our President to engage the American people regarding our mission in Libya.

Respectfully, John A. Boehner


TOPICS: Breaking News; Constitution/Conservatism; Foreign Affairs; Government
KEYWORDS: americadies; boehner; boehnercries; boehnerdelays; imperialism; imperialpresidency; libya; libyawarpowers; noflyzone; obama; warpowers; warpowersact; warpowersresolution
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1 posted on 06/14/2011 2:03:31 PM PDT by Red Badger
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To: Red Badger

Think O cares?


2 posted on 06/14/2011 2:04:59 PM PDT by b4its2late (Ignorance allows liberalism to prosper.)
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To: Red Badger

Were there tear stains on the letter?


3 posted on 06/14/2011 2:05:06 PM PDT by neodad (Don't Tap, Just Drill!)
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To: Red Badger

Obama better do something or else Boehner is going to cry.


4 posted on 06/14/2011 2:06:01 PM PDT by Dacula (Just say no to Vidalia onions)
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To: Red Badger

Did he write it on his wet hankie?


5 posted on 06/14/2011 2:08:38 PM PDT by Cheetahcat ( November 4 2008 ,A date that will live in Infamy.)
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To: Red Badger

LEAVE BOEHNER ALONE!!1!

6 posted on 06/14/2011 2:08:38 PM PDT by martin_fierro (< |:)~)
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To: Red Badger

He'll cave and cry.

7 posted on 06/14/2011 2:08:58 PM PDT by Snickering Hound
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To: Red Badger
Blah blah blah

Blah blah blah

Blah blah blah

Respectfully, John A. Boehner

P.S. And this time, we REALLY mean it!

8 posted on 06/14/2011 2:09:41 PM PDT by DJ Frisat (How's that change workin' out for ya, Obama voters?)
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To: Red Badger

And IF this illegal alien does violate the war powers act...will you move to impeachment on him?


9 posted on 06/14/2011 2:11:03 PM PDT by shield (Rev2:9 "Woe unto those who say they are Judah and are not, but are of the synaGOGue of Satan.")
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To: Red Badger
And what about Yemen?

Zero has started two new wars.

0bama lied. Muslims died.

10 posted on 06/14/2011 2:11:32 PM PDT by FatherofFive (Islam is evil and must be eradicated)
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To: Red Badger

Kucinich did better: Out in 15 days, period.

He’s not a stopped clock, more like an unflipped calendar repeating every 28 years.


11 posted on 06/14/2011 2:11:49 PM PDT by antiRepublicrat
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To: Red Badger
Boehner warns Obama that Libya will violate war powers

Will?

12 posted on 06/14/2011 2:12:26 PM PDT by Pan_Yan
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To: Red Badger

It’s nothing more than the second step in a long journey toward impeachment, which I am not convinced he’s committed to completing.

So he’s in violation of the War Powers Act. So what are they gonna do about it? Nothing in the letter says anything about consequences for violating it.

He practically gave Obama his “out” by acknowledging that he may consider the Act to be unconstitutional. He should have pointed out the the constitutionality of the Act is not for him to decide. That’s for the courts.

I’d have much more hope if he had at least hinted at impeachment. As it is, there’s nothing to back it up.

BTW, the real deadline was to get congressional approval by the 60th day, and failing that, to be completely withdrawn by the 90th day. The way Boehner’s letter reads, he thinks Obama will be in compliance with the law if by Friday he just tells Congress his reasons, once again, for bombing the hell out of Libya.


13 posted on 06/14/2011 2:15:08 PM PDT by StonyMan451
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To: DJ Frisat

Wait 5 more days and call for his impeachment.

The secrets he is passing to Russia is Treason
He broke his oath to preserve the Constitution, the second charge.
Doma Charge number 3.


14 posted on 06/14/2011 2:15:08 PM PDT by Venturer
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To: Red Badger

Crying pussy finally notices but DOES NOTHING.

America is going DOWN. Recall and indict Boehner.


15 posted on 06/14/2011 2:15:23 PM PDT by Diogenesis (Nothing surpasses the complexity of the human mind. - Leto II: Dar-es-Balat)
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To: neodad

Boehner was way too nice. Barry will ball that letter up and shoot a hoop with it.


16 posted on 06/14/2011 2:15:39 PM PDT by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped.)
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To: Red Badger
Before mocking Boehner, perhaps people should consider that the House just passed a bill calling for all funds to be cut off for any military operation that is not in compliance with the War Powers Act.

http://www.breitbart.com/article.php?id=CNG.ee00cd993c4221a5ac150a9aab17ca0b.561&show_article=1

The letter is simply the other shoe dropping to deny funds.

I'm always amazed that so many conservatives are willing to participate in circular firing squads to purge the ranks of everyone who isn't sufficiently pure.

17 posted on 06/14/2011 2:16:27 PM PDT by Bruce Campbells Chin
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To: Red Badger

SSDD

OBAMA LIES
AMERICA DIES
BOEHNER CRIES


18 posted on 06/14/2011 2:19:00 PM PDT by Diogenesis (Nothing surpasses the complexity of the human mind. - Leto II: Dar-es-Balat)
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To: Bruce Campbells Chin

Welcome to FR, newbie.

Obama has been screwing up America,
with Boehner’s tacit help and approval
(even though the Impostor is not even qualified)
since BEFORE YOUR arrival.


19 posted on 06/14/2011 2:21:13 PM PDT by Diogenesis (Nothing surpasses the complexity of the human mind. - Leto II: Dar-es-Balat)
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To: Red Badger

P.S. Are we still on for golf? You know I’m just goofing on you. Your bff, John.


20 posted on 06/14/2011 2:22:00 PM PDT by brownsfan (I miss the America I grew up in.)
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To: neodad
Were there tear stains on the letter?


Yes, but, they were on a ‘strongly worded’ tear stained letter. So there!

Boehner will do nothing. He is part of the problem, not part of the solution. He is acting like Obama’s caddy.

When people say that Pubs and Dems are 'really' all the same people, all on the same side,...they point to Boehner and McCain

21 posted on 06/14/2011 2:22:40 PM PDT by 240B (he is doing everything he said he wouldn't and not doing what he said he would)
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To: Bruce Campbells Chin
Before mocking Boehner, perhaps people should consider that the House just passed a bill calling for all funds to be cut off for any military operation that is not in compliance with the War Powers Act.

Will Obama sign it? Will it even get a vote in the Senate? Otherwise it's just theater.

I'm always amazed that so many conservatives are willing to participate in circular firing squads to purge the ranks of everyone who isn't sufficiently pure.

Were you happy with the deal Boehner got on the budget that cut less than 1 billion from this year's budget? Was that sufficiently conservative for you?

22 posted on 06/14/2011 2:23:21 PM PDT by Pan_Yan
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To: Diogenesis

I guess Boehner got all of our phone calls and letters.

http://www.freerepublic.com/focus/f-news/2725004/posts


23 posted on 06/14/2011 2:23:57 PM PDT by Dubya-M-DeesWent2SyriaStupid! (Allen West 2012 Make it happen!)
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To: Pan_Yan

Some have said Obama has 60 days some say 90 days which is it anybody know?


24 posted on 06/14/2011 2:25:21 PM PDT by Dubya-M-DeesWent2SyriaStupid! (Allen West 2012 Make it happen!)
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To: Bruce Campbells Chin
The letter is simply the other shoe dropping to deny funds.

No it doesn't. King Obama will just use his stash.

25 posted on 06/14/2011 2:27:14 PM PDT by Logical me
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To: Dubya-M-DeesWent2SyriaStupid!
Termination of use of United States Armed Forces; exceptions; extension period
Within sixty calendar days after a report is submitted or is required to be submitted pursuant to section 1543 (a)(1) of this title, whichever is earlier, the President shall terminate any use of United States Armed Forces with respect to which such report was submitted (or required to be submitted), unless the Congress
(1) has declared war or has enacted a specific authorization for such use of United States Armed Forces,
(2) has extended by law such sixty-day period, or
(3) is physically unable to meet as a result of an armed attack upon the United States. Such sixty-day period shall be extended for not more than an additional thirty days if the President determines and certifies to the Congress in writing that unavoidable military necessity respecting the safety of United States Armed Forces requires the continued use of such armed forces in the course of bringing about a prompt removal of such forces.

26 posted on 06/14/2011 2:32:30 PM PDT by Pan_Yan
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To: Georgia Girl 2

Maybe they can discuss it when they play golf. Boehner is as bad as Obama.


27 posted on 06/14/2011 2:32:37 PM PDT by ilovesarah2012
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To: Red Badger
Um, Crybaby, Obama violated the War Powers Act the first day he sent troops to attack Lybia. The War Powers Act only allows a president to engage troops without a declaration of war by the Congress if there is "a national emergency created by attack upon the United States, its territories or possessions, or its armed forces."

There has never been a claim that Libya attacked the U.S. or it's armed forces. There is not now nor was there ever a 90 day period to get approval from Congress. It was illegal from the get go and still is.

28 posted on 06/14/2011 2:32:53 PM PDT by Prokopton
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To: Pan_Yan

“Were you happy with the deal Boehner got on the budget that cut less than 1 billion from this year’s budget? Was that sufficiently conservative for you?”

Bingo! Boehner is not up to the task.


29 posted on 06/14/2011 2:33:06 PM PDT by Leep
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To: Red Badger
Should have added this

"P.S. Feel free to ignore this letter completely, I am a spineless pussy and the media will allow you to do whatever you want.

Your Bitch, John Boner""

30 posted on 06/14/2011 2:34:19 PM PDT by Rome2000 (OBAMA IS A COMMUNIST CRYPTO-MUSLIM)
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To: neodad

Were there tear stains on the letter?

The most important issue in the U.S. is the Debt.
Bonehead is ignoring the big elephant in the room.
The out of control spending. Maybe Bonehead is trying to look tough
before he caves on the debt ceiling. He’s caved before and he will cave again.


31 posted on 06/14/2011 2:34:51 PM PDT by tennmountainman
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To: FatherofFive

Syria? Are we doing something in Syria as well?

Too bad the MSM will ALWAYS give 0bama as much slack as he needs on stories like this. If they were truly journalists, the media would be asking the same questions and trying to track down the answers. What about Code Pink and some of those groups? Seems like they might have some demonstrations about the not-wars. ?


32 posted on 06/14/2011 2:34:58 PM PDT by NEMDF
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To: Bruce Campbells Chin

I agree. I do wish Boehner would stop bursting into tears, but I also wish that Freepers would start reading the full article and also following up on the information before they start the usual destructive sarcasm.

I think Congress is moving ahead with this. It’s not something that can be done by one person with one word, as many Freepers seem to believe.


33 posted on 06/14/2011 2:42:42 PM PDT by livius
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To: Red Badger
Since the mission began, the Administration has provided tactical operational briefings to the House of Representatives, but the White House has systematically avoided requesting a formal authorization for its action.

B-b-b-but wasn't a UN resolution all he needed?

The O-bot is already in violation of the WPR, in that all he could cite is "protection of the Libyan people," which is not among the causes allowed for precipitation of military action against another nation. Hence, Boehner is blowing smoke, and knows it. One must wonder therefore if he is complicit.

34 posted on 06/14/2011 2:43:22 PM PDT by Carry_Okie (GunWalker: Arming "a civilian national security force that's just as powerful, just as well funded")
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To: Red Badger

We’ll wait and see. I’d say Boehner has really given himself an ultimatum with this letter. It’s unlikely Obama will be forthcoming about anything, so the question becomes what will Boehner do about it? A warning letter without consequences strengthens Obama’s hand and weakens his opposition.


35 posted on 06/14/2011 2:45:25 PM PDT by drierice
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To: Red Badger
GOOD! Obama has been 'formally put on notice'.

If he ignores this its Grounds For Impeachment. Yes he won't be convicted in the Senate right now. But it'd put him through hell while trying to run a campaign.

So Barry, the ball is in your court. Whatcha gonna do? Ignore the law and constitution (again). I wouldn't push your luck too far as even 'moderates' are getting fed up and ticked with your 'imperial attitude'.

And keep in mind you could lose the senate, it's not that far away. Having a GOP majority wouldn't be good for your Impeachment Trial now would it.

36 posted on 06/14/2011 2:47:59 PM PDT by Condor51 (The difference between stupidity and genius is that genius has its limits [A.Einstein])
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To: Red Badger

Stop writing letters and just do it, Boner!


37 posted on 06/14/2011 2:48:40 PM PDT by hattend (Let's all meet Sarah at her last bus stop -- 1600 Pennsylvania Ave in Jan 2013)
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To: Condor51
Obama's reply will be it is kinetics not a war and the US isn't barely doing anything. NATO (which IS the US) is.
38 posted on 06/14/2011 2:52:24 PM PDT by Dubya-M-DeesWent2SyriaStupid! (Allen West 2012 Make it happen!)
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To: drierice
We’ll wait and see. I’d say Boehner has really given himself an ultimatum with this letter. It’s unlikely Obama will be forthcoming about anything, so the question becomes what will Boehner do about it? A warning letter without consequences strengthens Obama’s hand and weakens his opposition.

Worth repeating. very good

39 posted on 06/14/2011 2:57:36 PM PDT by 240B (he is doing everything he said he wouldn't and not doing what he said he would)
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To: Red Badger

Yawn!


40 posted on 06/14/2011 2:57:54 PM PDT by itsahoot (We make jokes, they make progress. Progressivism, do something, or get used to it.)
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To: Red Badger
The White House just got your letter, Mr. Speaker...


41 posted on 06/14/2011 2:59:47 PM PDT by COBOL2Java (Obama is the least qualified guy in whatever room he walks into.)
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To: Red Badger

Can you just IMAGINE the Media outrage if this were Bush?


42 posted on 06/14/2011 3:00:52 PM PDT by tcrlaf (You can only lead a lib to the Truth, you can't make it think...)
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To: Dubya-M-DeesWent2SyriaStupid!
*** Obama's reply will be it is kinetics not a war and the US isn't barely doing anything. NATO (which IS the US) is. ***

Yeah, he'll come up with some lame. and ILLEGAL, justification. My hope is that Boehner doesn't just take it, action is needed. As to NATO, yep that's just semantics. Without the USA there are no 'NATO forces'.

But the thing is that Libya is 'just' War #3, we're fighting War #4 in Yemen. The USAF or Navy Jets are doing Bombing runs. That's a lot of Wars for a 'peace loving liberal' like Obama. ;-)

43 posted on 06/14/2011 3:03:51 PM PDT by Condor51 (The difference between stupidity and genius is that genius has its limits [A.Einstein])
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To: Bruce Campbells Chin

Excellent post........a lot of knee-jerk reaction around here.


44 posted on 06/14/2011 3:04:14 PM PDT by Churchillspirit (9/11/01...NEVER FORGET.)
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To: Prokopton

“The War Powers Act only allows a president to engage troops without a declaration of war by the Congress if there is “a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.””

Obama’s polling numbers were falling, that qualifies as a National Emergency now.

Just ask anyone in a New York or DC ABC,NBC,CBS,CNN,MSNBC,NPR,Univision,NYTimes or WashPost newsroom.


45 posted on 06/14/2011 3:06:59 PM PDT by tcrlaf (You can only lead a lib to the Truth, you can't make it think...)
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To: Red Badger

Geez, Boner, at least cut his $100 p/lb wagyu steak account. Make him eat worms from Michelle’s garden with his French surrender monkey argrowla salad.


46 posted on 06/14/2011 3:07:12 PM PDT by sergeantdave (The democrat party is a seditious organization that must be outlawed)
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To: DarthVader

baroach obuggery PING


47 posted on 06/14/2011 3:07:41 PM PDT by kingattax (99 % of liberals give the rest a bad name)
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To: livius; Bruce Campbells Chin; Diogenesis

I also agree. And I’m not a newbie.I signed up for the first time under another screen name in 2002. And even if I were a newbie I would not hesitate to comment on this forum, because I am signed up for it, like everyone else.

It’s the circular fire and destructive sarcasm that 99% of the time keeps me from posting on this forum. In the past couple of years the tenure of this forum has taken on some of the attributes of our opposite competitors.

I also think that Congress is moving ahead on this. Let Boehner be Boehner and do his job and get things moving.


48 posted on 06/14/2011 3:12:52 PM PDT by Running On Empty
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To: Red Badger

All talk and no co,,,,,uh,,,,uh,,,,Weiner.


49 posted on 06/14/2011 3:12:57 PM PDT by crosshairs (The left's hatred of Christianity has blinded them to the REAL threat which is Islam.)
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To: Churchillspirit

Hearing you. Come on,everybody - lets try to NOT KILL EVERYONE on “our” side before we beat back the enemy - what say you? hmmmm? Let the letter soak in a little. Between Wednesday and Friday might be kind of interestink.


50 posted on 06/14/2011 3:20:24 PM PDT by atc23 (The Confederacy was the single greatest conservative resistance to federal authority ever.)
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