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Legal gamesmanship threatens our energy future (Montana looks to Rick Perry's TX model)
Billings Gazette ^ | July 2, 2011 | By DON STERHAN‌

Posted on 07/02/2011 2:39:28 AM PDT by Cincinatus' Wife

Texas Gov. Rick Perry is able to boast about job growth under his watch, noting that over 265,000 jobs, or nearly 37 percent of the jobs created nationwide since the summer of 2009, have been created in the Lone Star state.

He credits this growth to a few simple conditions: low taxes, a regulatory climate that is fair and predictable, and a legal system that limits frivolous lawsuits. According to the Wall Street Journal, nearly one-fourth of the 70 companies that left California this year relocated to Texas.

When new or relocating companies and investors survey the landscape and consider Montana, what do they see? Well, when it comes to natural-resource development, the landscape looks risky.

Recent headlines highlight two major resource development projects slogging through endless legal and regulatory challenges. Investment flees this kind of uncertainty, so Montanans interested in the future economic stability of this state should be wary of the signals we send.......

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


TOPICS: Business/Economy; Constitution/Conservatism; Editorial; Government
KEYWORDS: business; environment; lawsuits; naturalresources

1 posted on 07/02/2011 2:39:38 AM PDT by Cincinatus' Wife
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To: All
Governor Rick Perry's Speech at Red State Conference in 2010 (Video and Notes) In Speech Perry:

Reads the 10th Amendment – What a beautiful succinct, simple statement – words penned for a time such as this…… (nice list of rights being taken away and by whom).

Perry notes: Republicans lost because you couldn’t tell the difference between a Republican and a Democrat… (expands)

Growing mood in the country – passion across the state and when I look at Glenn Beck’s event in Washington D.C. and other events, it warms the cockles of my heart……”

Texas has led but it’s been a hell of a struggle against Washington D.C. – they must trust the people, they don’t trust the people.

Governing isn’t that hard…

First – Don’t spend all the money!

TX legislature meets 140 days every OTHER year!

TARP – Stimulus – great concern in Texas, country, world --- small businesses don’t know what shoe will fall next – what regulations – costs – job loss. Health care bill – cost – loss of access to health care…..

Second: Fair and predictable tax and regulatory policy…..

Third: Legal system that does not allow for over suing. Sweeping tort reform 2003 in TX has paid HUGE dividends. Went from Jack-pot Justice (legal hell hole) to 60% more doctors practicing in Texas from 7 years ago (expands more on this) – about access to health care.

Last step: Loser Pays tells them, you better have a case. If frivolous – fishing for settlement – they’ll foot the bill! (since this speech, Perry signed it into law)

Haley Barbour told him, If "Loser Pays" passes you can put turnstiles on the TX border and charge people to come into your state!”

THAT’S IT! Put those 4 principles into place and tell government to get the hell out of the way. – Rick Perry

2 posted on 07/02/2011 2:40:58 AM PDT by Cincinatus' Wife
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To: All
June 29, 2011: Roger Hedgecock interview with Rick Perry (starts 1/2 way into audio file)
3 posted on 07/02/2011 2:41:29 AM PDT by Cincinatus' Wife
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To: Cincinatus' Wife
For the record, the Canadian mining industry generally regards Montana as a worse sovereign risk jurisdiction than Bolivia, Peru, or Brazil and certainly worse than Mongolia.


4 posted on 07/02/2011 2:45:47 AM PDT by nathanbedford ("Attack, repeat, attack!" Bull Halsey)
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To: nathanbedford

His comments at the end of the article (at link) should be noted — Montana’s viability is being starved by spending on legal fights with environmentalists -— money that’s spent for lawyers (not on engineers), along with lost revenue that would be theirs to spend on schools, roads, sewers and basic services (something all states have been dealing with) — companies won’t come to a state with a business climate like that, they go to places like Texas.


5 posted on 07/02/2011 2:57:19 AM PDT by Cincinatus' Wife
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To: All
"....At the same time — and this, of course, is the tough part for those on the left to swallow — it is clear that the state's limits on taxes, regulations and lawsuits are contributing to the job machine. "The most important thing I think that's happened to us is tort reform," Fisher, the Dallas Fed president, has said. He added that when John Deere and other companies have decided to hire in Texas, they've been largely driven by steps the state has taken to cap non-economic damages in medical malpractice suits and to make it harder to bring product liability and class-action cases..."

For those whose knee-jerk instinct is to dump on such logic, they would do well here to consider the source. Fisher served in President Carter's Treasury Department and as a high-ranking trade official for President Clinton, and was a two-time Democratic candidate for the U.S. Senate. Although the former investment banker is certainly not an ardent leftie, he is no right-wing zealot either. Texas - The Job Machine [LA Times OpEd - July 3, 2011]

6 posted on 07/02/2011 3:29:46 AM PDT by Cincinatus' Wife
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"Texas - The Job Engine"
7 posted on 07/02/2011 3:33:19 AM PDT by Cincinatus' Wife
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To: Cincinatus' Wife
His comments at the end of the article (at link) should be noted — Montana’s viability is being starved by spending on legal fights with environmentalists -— money that’s spent for lawyers (not on engineers), along with lost revenue that would be theirs to spend on schools, roads, sewers and basic services (something all states have been dealing with) — companies won’t come to a state with a business climate like that, they go to places like Texas.

People can knock Rick Perry on immigration and other matters but one thing he knows is that we have to boost all kinds of oil/gas/energy production. He will do a 180 on Obama energy policies. He will explain to America that one of our competitive advantages is our abundance of cheap energy, but if only we will explore for it and produce it. Texas has suffered under EPA oppression. Perry knows how anti-American the EPA is. He will nullify that agency and give lard arse Lisa Jackson the boot

With Rick Perry as president he will immediately make it easier to open coal fired electricity plants. He should also take Texan T.Boone Pickens ideas and give incentives to fleets such as UPS to move to natural gas - CNG

I see how the Obama-bots are trying to block a new oil pipeline from Canada because the oil is from tar sands that eco-freaks don't like. Perry will reverse that BS and open up Gulf drilling too

8 posted on 07/02/2011 3:44:20 AM PDT by dennisw (NZT - "works better if you're already smart")
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To: dennisw
You have made some excellent points dennisw but I can't let this by:

People can knock Rick Perry on immigration and other matters but one thing he knows is...

June 29, 2011: Roger Hedgecock interview with Rick Perry (starts 1/2 way into audio file)

******

“If you show up illegally, without your card or you’re here as a criminal element, I’m for throwing the book at those folks, but the issue of people who want to legally, thoughtfully and appropriately come to America to work and help us build our economy — we should quickly come up with a program and an identification card to do that.” [end excerpt] Source

*********

"......When Obama continued to refuse even five minutes for the Governor, Perry took matters into this own hands and was standing on the tarmac at Austin’s airport when President Obama stepped off of Air Force One. Obama looked confused, Perry looked determined. Obama still ignored the pleas for help.

Perry again took matters into his own hands, and established an elite unit of Texas Rangers to bolster border security..." Source

********

"Other states leaving Secure Communities (TX expands ICE program]--- "As Texas moves toward expanding Secure Communities, several northern states are dropping out of the program that matches the fingerprints of those arrested against a U.S. [ICE] database.

Last week, before Gov. Rick Perry's announcement that the expansion of Secure Communities would be on the agenda for the Legislature's special session, Massachusetts Gov. Deval Patrick announced his state will not take part in the program...." Source [subsequently dropped by the TX Legislature so nothing was sent to Rick Perry to sign. Though he did -- after 6 years of fighting -- get voter picture ID passed.]

9 posted on 07/02/2011 4:24:03 AM PDT by Cincinatus' Wife
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To: Cincinatus' Wife
Show me where Perry, recently, advocates the deportation of all illegals. Just one.

Perry, as far as I can tell, is all about leaving the illegals that are already here - here. He talks about "border security" as if shutting the barn door after the horses are long gone matters.

10 posted on 07/02/2011 4:56:39 AM PDT by raybbr (People who still support Obama are either a Marxist or a moron.)
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To: raybbr
Listen to the audio file above for some information.

Next.

Of this 2000 mile long fence so many want built along our southern border, 1254 miles of it is lies in Texas.

Illegals will dig and tunnel, climb, swim, drive and fly to get to the out of control social services that Perry and other conservatives want to roll back.

A fence isn't the answer. Conservative ascendancy is.

11 posted on 07/02/2011 5:13:13 AM PDT by Cincinatus' Wife
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To: Cincinatus' Wife
Loser Pays tells them, you better have a case. If frivolous – fishing for settlement – they’ll foot the bill! (since this speech, Perry signed it into law)....Haley Barbour told him, If "Loser Pays" passes you can put turnstiles on the TX border and charge people to come into your state!”

No!NO!NO!NO! As a part time resident of Texas I want the rest of you folks just to stay home. All of you. It is a great place without you and more of you will mess it up. Any of you. Now I hate Perry. Not the beginning of the end of the great trial lawyer boondoggle. No wonder it is a stampede. It will be the ruin of the place.

12 posted on 07/02/2011 5:15:03 AM PDT by AndyJackson
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To: AndyJackson

Maybe if Perry’s elected president and has a nice fat conservative lock on the Legislature, he can help everyone stay put and we’ll have the added bonus of perhaps another conservative on the high court.


13 posted on 07/02/2011 5:21:40 AM PDT by Cincinatus' Wife
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To: Cincinatus' Wife

“Loser Pays tells them, you better have a case. If frivolous – fishing for settlement – they’ll foot the bill!”

But what about the notoriously patent suit-friendly East Texas district court that has become a serious problem to businesses nationwide? Most patent lawsuits in the nation are filed in East Texas. Juries there have overwhelmingly awarded large awards to IP firms suing productive companies.

I’ve heard a lot of good things about Texas, but this one thing in particular would keep me from moving a company there. It is Lawsuit Heaven if you’re suing over a patent.

Texas is a bright spot in America — everyone knows it. I do hope they can fix this.


14 posted on 07/02/2011 5:43:39 AM PDT by PastorBooks
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To: PastorBooks
July 1, 2011: Is this what you're talking about?

It seems the defendants won in this case. Perhaps I'm confused. Help me out.

15 posted on 07/02/2011 5:51:21 AM PDT by Cincinatus' Wife
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To: AndyJackson
"No!NO!NO!NO! As a part time resident of Texas I want the rest of you folks just to stay home. All of you. It is a great place without you and more of you will mess it up."

I have bad news.

I just googled for the words: Californians moving to Texas

There were 1,100,000 results. Seriously -- look just under the search box on the search results page.

I am so, so sorry.

16 posted on 07/02/2011 5:56:55 AM PDT by PastorBooks
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To: Cincinatus' Wife

Here’s the problem.

East Texas patent suits
https://encrypted.google.com/search?q=East%20Texas%20patent%20suits&hl=en&num=100&lr=&cr=&safe=images&tbs=

East Texas patent trolls
https://encrypted.google.com/search?q=East%20Texas%20patent%20trolls&hl=en&num=100&lr=&cr=&safe=images&tbs=

I’m in the middle of a business start-up, and I’ve been looking at states to possibly relocate. I considered Texas but the patent climate was chilling.

Now, I know that patent lawsuits can come from any state and being located outside of Texas is no protection. But some of these patent trolls have been starting their lawsuit campaigns by going after East Texas companies *first*. That doesn’t make me want to relocate there.

Here’s an article, though a bit dated from 2009:

Patent Trolls Target Small East Texas Companies
http://news.slashdot.org/story/09/07/24/1236255/Patent-Trolls-Target-Small-East-Texas-Companies

One of the conservative justices on SCOTUS was even commenting on the East Texas problem with patents... I don’t remember who it was. His comment was that the East district is a “rogue” when it comes to patents.


17 posted on 07/02/2011 6:08:27 AM PDT by PastorBooks
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To: Cincinatus' Wife
A fence isn't the answer.

Typical Perry bullcrap you have been spreading. A fence by itself isn't the answer. But it is an integral part of security in-depth, which is why ANY secure institution has one.

18 posted on 07/02/2011 6:46:40 AM PDT by dirtboy
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To: raybbr; Cincinatus' Wife

Don’t bother listening to the audio. It doesn’t metion deportation. Nor the fence. CW implored me to listen to it yesterday for Perry’s position regarding the fence, and I wasted ten minutes for nothing. Rather annoying shilling if you ask me - if you are going to direct me to something, make sure it is relevant to what I am discussing.


19 posted on 07/02/2011 6:49:40 AM PDT by dirtboy
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To: Cincinatus' Wife; dennisw; dirtboy
A fence isn't the answer.

I never said it was. But, apparently you are in contrast to Perry, who, in several of your posts calls for border control.

Once again, there is no evidence that Perry wants the illegals out. He merely wants to keep more out. What DOES he want to do with the millions of invaders already here? Can you tell me?

20 posted on 07/02/2011 6:58:47 AM PDT by raybbr (People who still support Obama are either a Marxist or a moron.)
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To: dirtboy; Cincinatus' Wife
A fence with fast response units on patrol roads built parallel to the fence is a very big answer to illegal immigration from Mexico. A fence is no good unless it has sensors and a patrol road like the Israeli fence. And a see through fence is better than a wall. And continuous pyramids of rolled razor wire as seen in the image below.


21 posted on 07/02/2011 7:50:56 AM PDT by dennisw (NZT - "works better if you're already smart")
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To: raybbr

Perry is far from perfect. In a general election he can beat Bammy Boy to a pulp while your more ideal candidates like Bachmann and Palin would lose. I like both gals but I want someone who can boot Moochell and Bammy from the White House. How about Perry appoints Bachmann to a cabinet post?

Better to hate but deal with a Rick Perry in the White House than have a Hussein Obama in the White House


22 posted on 07/02/2011 7:55:24 AM PDT by dennisw (NZT - "works better if you're already smart")
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To: PastorBooks

Pastor Brooks.

I “love” Google too but you’ve sent me pages of links and not one story that you’re interested in to use to explain this in some detail. You sounded like you were quite familiar with this so I expected a sourced story with some history.

I try very hard to find a source (recent if that best for the discussion), read the source, and then pick a few quotes to make my point and provide the link to that source, so the person I’m trying to help and/or convince, has an opportunity to see where I got my information before they reply, or so that they can search further to make sure all the information is accurate and up-to-date.

Please pick one as an example and elaborate (I am not a lawyer nor have I dealt with a patent) or what you’ve done isn’t helpful.

I gave you a link to a story about a patent decision, from yesterday, about a defendant that won a case. I did that to narrow my question to you and make our exchange thoughtful and give me somewhere to begin learning.

Also the one story about Texas that you linked to is from 2 years ago (you did mention it was dated).


23 posted on 07/02/2011 7:58:00 AM PDT by Cincinatus' Wife
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To: dirtboy
Don’t bother listening to the audio

Now you've got everyone wondering what Perry was saying to Hedgecock.

He discusses border security and more. Quite nicely too.

If it is so awful, why not drive people there to hear his answers. Hedgecock brought up border security and the trans-tx road specifically because they are, as Hedgecock defines them, "distractions."

It will not waste their time. Information never is a waste of time.

It's why you're so anxious for them not to listen.

24 posted on 07/02/2011 8:09:24 AM PDT by Cincinatus' Wife
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To: dennisw
Perry has discussed border security with the Israelis two years ago, according to this article.

Rick Perry Says Texas Can Learn From Israeli -- August 2009 — “Gov. Rick Perry compared Mexico to the Gaza strip, saying Texas can learn from Israeli security efforts after touring a town that has been hit by Palestinian rockets.

Perry, who has demanded a heightened U.S. troop presence along the Rio Grande, went to Israel’s border with Gaza earlier with week and was briefed by Israeli Army officials.

“Kassam rockets have killed 28 Israelis over the last eight years. Well, 1,000 people have been killed in Juarez since the beginning of the year,” the governor told the Jerusalem Post in Friday’s editions, referring to the drug-related killings across the border from El Paso. “So we’re trying to find ways to secure that border, because just like it’s important to Israelis to keep heavy security on their border with Gaza, it’s important to citizens of Texas to keep out the illegal activities that are going on with drugs............................"

25 posted on 07/02/2011 8:12:01 AM PDT by Cincinatus' Wife
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To: Cincinatus' Wife

Part of Montana’s problem was the influx into the state and the northwest in general of Californian liberal tree huggers. Most environmental groups receive the bulk of their funding from outside of the state. Thus just about EVERYTHING is challenged by the radicals - even to the point of them wanting to turn nearly all of the western part of the state into wolf and grizzly habitat - and forcing the people out.


26 posted on 07/02/2011 8:16:12 AM PDT by Godzilla (3-7-77)
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To: Godzilla

I hear ya. It was the same in AZ, NV, NM, WA, OR, UT,CO........


27 posted on 07/02/2011 8:38:06 AM PDT by Cincinatus' Wife
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To: Cincinatus' Wife

The situation in Montana has nothing to do with Texas or even political gamesmanship except in the minds of the Democrats. Oh sure there is plenty of opposition to some of the proposals that the Montana governor is working on, opposition from the residents of other states that he wants to burden with his “multi-modal” transportation projects, like the coal terminal in WA State and the coal trains that will traverse both Idaho and WA State, or the huge freight transfer station that BNSF is building near Sand Point, Idaho.

There is also the problem of government funding that the writer calls political gamemanship. The funding, in the form of a third stimulus bill, that is. The bills are written and proposed, all sitting in committees in the Senate, waiting, waiting, waiting for a decision on the debt limit.

The governor of Montana has been working like a community organizer, hyping jobs and recovery, if only they could get government approval and that all important funding. The governor of Montana has been taking out full page ads in newspapers in other states, promising jobs, mostly all lies and obfuscations.

It’s not just the energy industry that the Montana governor is trying to “game” though. It’s grain and soybeans, it’s farm subsidies and exports. They (Montana and the Democrat Party) have built a complicated money laundering/vote buying scheme to siphon money from the federal treasury to Democrat Industries and donors, which will export our resources to China and developing countries, and the only profit will be made by the Democrat companies who move the freight.


28 posted on 07/02/2011 8:58:57 AM PDT by Eva
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To: Cincinatus' Wife
It's why you're so anxious for them not to listen.

Boy, you really are getting slimy now.

You posted the same link yesterday as a supposed clarification to my comments regarding Perry opposing the border fence.

And the fence is not even mentioned in that interview. Neither is any position on deportation of illegals already here.

Which is why I advised the poster to not waste his time, as you had already wasted mine the day before. It has nothing to do with any "anxiety" - that is pretty pathetic on your part to even claim such. And I am open to a Perry candidacy - but your antics are not doing his potential candicacy any credit. Like I said yesterday, play it straight and leave the nonsense at home and you'll be much better off.

29 posted on 07/02/2011 9:00:24 AM PDT by dirtboy
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To: dirtboy

I never said the interview (which is very good and why I posted it to another poster who mentioned “immigration and other matters” — Post 8 and Post 9) was about a fence.

I specifically said “Next” and then went on to discuss posters (I guess you would be in that category) who push for a fence.

You really are a very agitated poster who has not contributed information to this thread but rather is more intent (as on other threads) to attack the messenger.


30 posted on 07/02/2011 9:08:35 AM PDT by Cincinatus' Wife
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To: dennisw

That’s pretty much the way I feel about Perry as well. I just get tired of his opposition to the fence being treated as pricipled opposition on its security merits. Anyone with a brain knows a fence is an integral part of security - and also knows that a fence needs other security elements such as patrols for true effectiveness. Instead, the spinners try to act like the fence is the only security element being proposed and postulate its failure as a stand alone element. It is patently dishonest and only fools those who want to be fooled in the first place. And does nothing to increase Perry’s appeal among his skeptics.


31 posted on 07/02/2011 9:14:46 AM PDT by dirtboy
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To: Cincinatus' Wife
I never said the interview (which is very good and why I posted it to another poster who mentioned “immigration and other matters” — Post 8 and Post 9) was about a fence.

Can you stop spinning? YESTERDAY you directed me to that link in relation to Perry's position on the border fence - and it mentions nothing. Neither does it mention deportation.

You really are a very agitated poster who has not contributed information to this thread but rather is more intent (as on other threads) to attack the messenger.

I am pointing out that you are directing people to a link that has NOTHING to do with the topic being discussed. I wasted ten minutes yesterday finding where the interview began and then listening for mention of the fence. And I also know the interview did not mention deportation, either, so that is why I told the poster to not waste his time the way YOU WASTED MINE YESTERDAY.

Seriously, you are a discredit to any Perry campaign with antics like this.

32 posted on 07/02/2011 9:18:41 AM PDT by dirtboy
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To: Eva

Thank you for that information Eva.

In the article I posted, the author lists 2 cases to illustrate his points, the Tongue River Railroad, that has been held up for decades, and a transmission line extending from Great Falls to Lethbridge, Alberta that is getting similar treatment blocking it.

The author made some very interesting points that nicely illustrate how rules, regulations and laws keep businesses from coming to states to do business and how that mechanism strangles a state’s economy and revenue.


33 posted on 07/02/2011 9:29:39 AM PDT by Cincinatus' Wife
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To: dirtboy

Yes, and now you’ve wasted my time in about 3 posts so we’re even (you are so junior high school silly).

Why don’t you go for 4 and bump the thread again.


34 posted on 07/02/2011 9:31:54 AM PDT by Cincinatus' Wife
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To: Cincinatus' Wife
OK, go ahead and continue with your slimey methods of directing people to an interview that has nothing to do with the subject being discussed. You asked me TWICE yesterday to listen to that interview because you said it would clarify what I was saying about Perry's view on the fence. And it didn't even mention it. And then you proceed to spew typical La Raza left wing talking points about the fence as well. Truly pathetic.

And I'm willing to consider Perry. But not because of you - to the contrary, if you're representative of the folks he attracts to publicize his potential campaign, well, that gives me pause.

35 posted on 07/02/2011 9:41:48 AM PDT by dirtboy
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To: dirtboy
40% of our illegal aliens are people who came on a legitimate visa and never left. They skew more high class & educated than the Mexican border jumpers. Our visa system needs a major overhaul w penalties to make it a lot more difficult to "immigrate" here via visa overstay

Here is the hugest lie you will hear on immigration. When Nappy Napolitano claims we deported 350,000 last year.... 95% of those deportations were simply Mexicans caught at the border or within 50 miles of the border. They were caught by the Border Patrol in their jurisdiction, whizzed through the courts, then bussed back to Mexico. That is hardly a real deportation from the interior such as being deported from NYC or Minnesota. Real deportations are expensive, done by airplane and a logistical hassle. That's why we do few of them. That is why it is harder to deoprt.....

36 posted on 07/02/2011 10:50:04 AM PDT by dennisw (NZT - "works better if you're already smart")
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To: dennisw

Your points about visa overstay and deportation are well put. I don’t know how to fight the visa overstay issue without a national id card and the means to check them often. And I think making it difficult on illegals to where they largely self-deport is the best approach.


37 posted on 07/02/2011 11:04:08 AM PDT by dirtboy
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To: dirtboy
...Instead, the spinners try to act like the fence is the only security element being proposed and postulate its failure as a stand alone element....

This is your take? That must be why you don't want others to listen to Hedgecock's interview of Perry where he talks of $160 Million/2 years TX spends on the state's border security on an INTERNATIONAL border, we have TX Rangers patrolling, we need additional 3000 border patrol boots on the TX border alone, and predator drones getting intel...

38 posted on 07/02/2011 11:10:50 AM PDT by Cincinatus' Wife
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To: Cincinatus' Wife
That must be why you don't want others to listen to Hedgecock's interview of Perry where he talks of $160 Million/2 years TX spends on the state's border security on an INTERNATIONAL border, we have TX Rangers patrolling, we need additional 3000 border patrol boots on the TX border alone, and predator drones getting intel...

And imagine how much more effective those would be with a fence.

And once again, regarding the interview, I was simply getting the poster in question to not waste his time listening to the interview because it does not discuss deportation, and deportation was the subject he was discussing. If they want to listen for general interest, go for it.

And my point stands about you spewing La Raza-style nonsense about how ineffective a fence would be.

You act like I am opposed to Perry in general. I am not. I just don't like your slimy little tricks that you are playing, and am calling you out on them.

39 posted on 07/02/2011 11:15:44 AM PDT by dirtboy
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To: dirtboy

Who are you to tell others not to take the time to listen to a short interview — then continue to press that advice in post after post, while insulting me in the process?

You think this is hurting Perry?

Get a life.


40 posted on 07/02/2011 11:29:20 AM PDT by Cincinatus' Wife
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To: Cincinatus' Wife
Who are you to tell others not to take the time to listen to a short interview — then continue to press that advice in post after post, while insulting me in the process?

You really are a trip. I gave a specific reason to one poster not to listen to the interview, and now you are trying to spin it that I don' want people listening to it.

You think this is hurting Perry?

No, but your antics of misdirection and spewing La Raza anti-fence spin sure don't help him.

41 posted on 07/02/2011 11:34:03 AM PDT by dirtboy
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