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Salon: Roberts wrote most of the conservative dissent in the ObamaCare case too
Hotair ^ | 07/03/2012 | AllahPundit

Posted on 07/03/2012 5:31:02 PM PDT by SeekAndFind

I wondered about this on the afternoon of the decision. It stands to reason: If, as most everyone believes, Roberts initially assigned the majority opinion to himself and then ended up flipping at the eleventh hour, the four conservative dissenters would have had to scramble to come up with an opinion of their own while handling the rest of their caseload. (Roberts authored no other opinions over the final two months of the term so he and his clerks could conceivably have drafted something new from scratch late in the process.) The easiest way to do that would be to salvage Roberts' orphaned majority opinion --- or, at least, the bits he wasn't keeping for himself --- and re-work as necessary. Maybe they took the sections he discarded on the tax power and severability, tacked on their own section rejecting the Commerce Clause argument, and called that a dissent. Using Roberts' own words against him would have been a pointed rebuke to him for flipping, even if the Court and its clerks are the only ones with enough background on this process to fully appreciate it.

My source insists that “most of the material in the first three quarters of the joint dissent was drafted in Chief Justice Roberts’ chambers in April and May.” Only the last portion of what eventually became the joint dissent was drafted without any participation by the chief justice.

This source insists that the claim [in Jan Crawford's CBS story] that the joint dissent was drafted from scratch in June is flatly untrue. Furthermore, the source characterizes claims by Crawford’s sources that “the fact that the joint dissent doesn’t mention [sic] Roberts’ majority … was a signal the conservatives no longer wished to engage in debate with him” as “pure propagandistic spin,” meant to explain away the awkward fact that while the first 46 pages of the joint dissent never even mention Roberts’ opinion for the court (this is surely the first time in the court’s history that a dissent has gone on for 13,000 words before getting around to mentioning that it is, in fact, dissenting), the last 19 pages do so repeatedly.

That’s lefty law prof Paul Campos writing for lefty web zine Salon. Did a mischievous liberal clerk leak to them in order to embarrass the conservative dissenters? Could be, except that … this is more embarrassing to Roberts than to Scalia and company. The idea that his words are on both sides of the Court’s decision makes the outcome seem that much more bizarre and his supposedly principled change of heart seem that much more dubious. He’s talking, almost literally, out of both sides of his mouth. It’s a shot at his credibility and the Court’s institutional legitimacy, which was supposedly the basis for his decision, more than it is a shot at the conservative dissenters. Why would a liberal clerk want to sandbag him for siding with them on the biggest case they’ll ever rule on?

Then again, if this is true, why wouldn’t the (presumably conservative) Court sources who leaked to Jan Crawford have simply said so? Obviously, they didn’t borrow his discarded opinion because they’re lazy. They borrowed it because they were pressed for time and/or because they wanted to make a point — or, just maybe, because they held out hope to the bitter end that he’d switch back and join them in striking down the law. By keeping the dissent intact as a potential majority opinion rather than larding it up with language lashing out at Roberts, the four conservatives made it as easy as possible for him to reconsider and climb back aboard right down to the wire. To my mind, that’s the best explanation for the tone of the opinion, the inclusion of the otherwise gratuitous severability section, and the lack of any references to Roberts’s opinion. They weren’t working on a dissent, they were working on a shadow majority, ready to go right out of the box in case Roberts came back into the fold. (Crawford notes that Kennedy was lobbying Roberts up to the last minute, in fact.) That doesn’t settle the issue of who authored most of the eventual dissent — maybe it was mostly Roberts’s draft or maybe it really was co-drafted by Scalia, Kennedy, Thomas, and Alito with an eye to winning Roberts back over — but it settles most everything else.

Here’s Krauthammer accusing Roberts of letting the left intimidate him. Exit question via TNR: Were Thomas and Kennedy the CBS leakers?

CLICK ABOVE LINK FOR THE VIDEO



TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events
KEYWORDS: johnroberts; obamacare; obamacaredecision; obamacaredissent; roberts; scotus

1 posted on 07/03/2012 5:31:14 PM PDT by SeekAndFind
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To: SeekAndFind

It was blackmail.

The Chicago Way.

1. Roberts’ homosexual past

2. Roberts’ illegal adoption of his children

Shame on Bush for nominating this guy.


2 posted on 07/03/2012 5:40:52 PM PDT by jimbo123
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To: SeekAndFind
It all makes sense now, knowing he's a sodomite with a beard wife and two adopted beard children.

He wants everyone to love him.

He wants everything both ways.

3 posted on 07/03/2012 5:50:17 PM PDT by E. Pluribus Unum (Government is the religion of the sociopath.)
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To: SeekAndFind

Did somebody slip him a two headed quarter?


4 posted on 07/03/2012 5:51:32 PM PDT by reg45 (Barack 0bama: Implementing class warfare by having no class!)
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To: jimbo123

Can’t anyone do decent vetting these days, particularly for SCOTUS justices who are there for life? That is a serious blunder that needs to be remedied in this era of 90+ year olds.


5 posted on 07/03/2012 5:53:20 PM PDT by txrefugee
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To: jimbo123

It was blackmail.
+++++++++
I’m starting to think that Occam would agree with you.


6 posted on 07/03/2012 6:00:34 PM PDT by InterceptPoint (TIN)
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To: txrefugee

Bush and the RINOS knew about Roberts’ homosexuality and the illegal adoptions and so did the ‘Rats. The ‘Rats just bided their time for 7 years until it was time to play the blackmail card.


7 posted on 07/03/2012 6:02:58 PM PDT by jimbo123
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To: jimbo123

The left rolled him like a pimp turns out a woman to work the streets. Now they want him humiliated and broken so he never thinks of leaving them.


8 posted on 07/03/2012 6:06:51 PM PDT by lodi90
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To: lodi90

If the left was rolling him why didn’t he just uphold the mandate/commerce clause instead of writing this illogical piece of crap tax mandate opinion which is opening him up to justified ridicule?


9 posted on 07/03/2012 6:18:01 PM PDT by CaptainK (...please make it stop. Shake a can of pennies at it.)
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To: CaptainK

There you go introducing logic into a FR thread.:-)


10 posted on 07/03/2012 6:25:18 PM PDT by OSHA (One despises and wants to destroy the United States, the other is a dead terrorist.)
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To: jimbo123; SeekAndFind; Black Agnes
Feel free to pass this along.


11 posted on 07/03/2012 6:25:27 PM PDT by Travis McGee (www.EnemiesForeignAndDomestic.com)
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To: jimbo123

Something...

Whatever happened in this decision, there was something underhanded going on.

The two things that were appealed out of the 11th circuit were whether the Medicaid expansion was unconstitutional and whether the mandate could be supported under the interstate commerce clause.

That’s pretty much it. NOT whether or not it was a tax.

So Roberts basically went out into la la land and pulled something out of his rear because HE KNEW IT FAILED THE INTERSTATE COMMERCE CLAUSE.

And he tries to argue - quite miserably, I might add, - that it IS NOT a direct tax subject to apportionment.

It’s not an excise tax, it’s not a duty or an impost tax, it is not an indirect tax that can be shifted to a consumer, it is a direct tax on individuals.

Something went down. He was threatened or paid off or coerced or something.

If he had any honor, he would simply resign from the court, disclose exactly what happened, and redact his vote.


12 posted on 07/03/2012 6:26:48 PM PDT by djf ("There are more old drunkards than old doctors." - Benjamin Franklin)
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To: djf

I’d prefer that he resign from the court, disclose everything and RECANT his vote. FWIW


13 posted on 07/03/2012 6:30:23 PM PDT by Tucker39 ( Psa 68:19Blessed be the Lord, who daily loadeth us with benefits; even the God of our salvation.KJV)
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To: SeekAndFind

This is proof obama knew the vote, thanks to Kagen and Soto, and the blackmaid threats began.

And I’m also convinced every republican in any kind of leadership position is as dirty as they come. And they’re being blackmailed, too. That’s why they do nothing when the king issues a mandate.


14 posted on 07/03/2012 6:32:28 PM PDT by Terry Mross ( To all my kin: Do not attempt to contact me as long as you love obama.)
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To: OSHA

I’m sure somebody will soon show me the error of my ways.


15 posted on 07/03/2012 6:37:17 PM PDT by CaptainK (...please make it stop. Shake a can of pennies at it.)
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To: CaptainK

And why didn’t they roll him in the Heller case where he upheld the 2nd amendment

In any case we got royally screwed

Wonder if he read all the Nazi/Fascist portions of the bill


16 posted on 07/03/2012 6:39:16 PM PDT by uncbob
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To: SeekAndFind

I called this one:

Roberts Switched Views to Uphold Health Care Law (Original CBS Report)
Sun Jul 1 17:29:26 2012 · 119 of 310
RightFighter to Girlene

The dissent is unsigned because Roberts wrote it - it was originally to be his majority opinion. When he switched sides, the conservatives left most of it in place and didn’t sign their names to it to give a clue that it was originally his opinion.


17 posted on 07/03/2012 6:49:12 PM PDT by RightFighter (It was all for nothing.)
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To: uncbob

It’s an embarrassing decision. I don’t see how it can be viewed in any other light.


18 posted on 07/03/2012 7:02:43 PM PDT by CaptainK (...please make it stop. Shake a can of pennies at it.)
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To: SeekAndFind
What did the American people do to deserve the curse that brought us an Obama Presidency, a Nancy Pelosi Congress, a Harry Reid Senate, and a John Roberts Supreme Court?
19 posted on 07/03/2012 7:13:09 PM PDT by DJ Taylor (Once again our country is at war, and once again the Democrats have sided with our enemy.)
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To: DJ Taylor

Don’t specifically know...but there is interesting detail here.

http://www.theharbinger-jonathancahn.com/


20 posted on 07/03/2012 7:15:39 PM PDT by mo (If you understand, no explanation is needed. If you don't understand, no explanation is possible.)
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To: SeekAndFind
Whatever the reason for his betrayal, Roberts has destroyed himself. He's either a fool or been compromised. In either case, he's become the de facto third Obama appointee.
21 posted on 07/03/2012 7:17:03 PM PDT by Repeal 16-17 (Let me know when the Shooting starts.)
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To: jimbo123
Sounds like he's a full blown EPILEPTIC who is into writing extensive and long tomes about whatever.
22 posted on 07/03/2012 7:18:41 PM PDT by muawiyah
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To: DJ Taylor

Sounds like we didn’t suppress the illicit use of cocaine enough. Next time MORE BEAT DOWNS


23 posted on 07/03/2012 7:21:58 PM PDT by muawiyah
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To: Repeal 16-17

Completely agree! Roberts is now a complete joke. His opinions/votes from now on will always be suspect. If he has any tiny speck of integrity left after this complete betrayal, he’ll resign after Romney is elected so he can be replaced with HOPEFULLY a TRUE conservative Consitutionalist.


24 posted on 07/03/2012 7:26:05 PM PDT by Cookies4ever
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To: jimbo123

Join The Fraternity Of Kindness

In his book, The Hidden Power Of Kindness, the late Fr. Lawrence Lovasik urges that we all become members of the Fraternity of Kindness.

This “organization” has no officers, no meetings and no dues. In fact, its rules are simple. There are three little don’ts and three little do’s. Brilliant in their simplicity, these do’s and don’ts will put us on the right track for loving everyone:

DON’TS
1. Don’t speak unkindly of anyone.
2. Don’t speak unkindly to anyone.
3. Don’t act unkindly toward anyone.

DO’S
1. Do speak kindly of someone at least once a day.
2. Do think kindly of someone at least once a day.
3. Do act kindly toward someone at least once a day.


25 posted on 07/03/2012 7:31:39 PM PDT by Salvation ("With God all things are possible." Matthew 19:26)
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To: lodi90

I have been out of the loop for 36 hours. Where did the homosexual angle come from? Can you give me the reference?


26 posted on 07/03/2012 7:34:49 PM PDT by Texas Songwriter (Ia)
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To: Texas Songwriter

I had never heard of this homo thing either.
And I don’t think anyone on our side would make up a story like that.
Can I sell you a bridge sir?


27 posted on 07/03/2012 7:54:33 PM PDT by certrtwngnut (It's not the people who vote that count, it's the people who count the votes. (Josef Stalin))
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To: SeekAndFind

Hilarious.


28 posted on 07/03/2012 8:04:03 PM PDT by vbmoneyspender
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To: DJ Taylor
What did the American people do to deserve the curse that brought us an Obama Presidency, a Nancy Pelosi Congress, a Harry Reid Senate, and a John Roberts Supreme Court?

The GOP's just desserts for being unrepentant Bushbots.

29 posted on 07/03/2012 8:15:46 PM PDT by ImpeachRoberts
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To: Texas Songwriter

http://underneaththeirrobes.blogs.com/main/2005/08/more_grist_for_.html


30 posted on 07/03/2012 8:28:37 PM PDT by Praxeologue
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To: Texas Songwriter

“I have been out of the loop for 36 hours. Where did the homosexual angle come from? Can you give me the reference?”

I think they are referring to the Three Amigo photo, Roberts not getting married until he was 41 and the unusual adoptions. I haven’t heard anything new on those isssues.


31 posted on 07/03/2012 8:32:19 PM PDT by lodi90
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To: SeekAndFind

In my opinion - Roberts voted what his conscience felt was best for the country. Never saw this coming. Thought it would have been Kennedy who was the swing vote...


32 posted on 07/03/2012 8:39:57 PM PDT by sarah palin rocks
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To: DJ Taylor
What did the American people do to deserve the curse that brought us an Obama Presidency, a Nancy Pelosi Congress, a Harry Reid Senate, and a John Roberts Supreme Court?

Well, they became a bunch of freaking filthy hippies in the 60s, took over the government, destroyed education, and transformed the media into a communist propaganda machine, and then had kids.

33 posted on 07/03/2012 8:41:23 PM PDT by ROCKLOBSTER (Celebrate Republicans Freed the Slaves Month.)
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To: SeekAndFind

My BS meter is pegged on this story.


34 posted on 07/03/2012 8:48:25 PM PDT by Cyman
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To: jimbo123

I have seen the rumors about #2, but are there really rumors about #1?


35 posted on 07/03/2012 9:08:52 PM PDT by MrChips (MrChips)
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To: jimbo123

“It was blackmail.”

Oh this is rich! Roberts wrote the dissent too? This has to be a first.

If true, the conservatives hung a noose around his neck. Using his own writing in the dissent -— Roberts owns this turd!

I daresay it appears that Obama vetted Roberts more aggressively than Bush did, to all our detriment......


36 posted on 07/03/2012 11:15:16 PM PDT by Bshaw (A nefarious deceit is upon us all!)
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To: Cyman

“My BS meter is pegged on this story.”

How so? Could what has happened in the last three years with Obamacare not get any more bizarre?

It seems entirely plausible to me!


37 posted on 07/03/2012 11:35:35 PM PDT by Bshaw (A nefarious deceit is upon us all!)
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To: SeekAndFind

If he voted against it the whole thing would be in the trash can and the whole issue would be over. Makes it pretty clear who he is, doesn’t it?


38 posted on 07/04/2012 4:02:07 AM PDT by maxwellsmart_agent
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To: jimbo123

RE: RINOS knew about Roberts’ homosexuality and the illegal adoptions and so did the ‘Rats.

Is this one of those Oliver Stone conspiracy theories? Or is there good evidence for this?

If the latter, where is the reliable source?


39 posted on 07/04/2012 6:11:48 AM PDT by SeekAndFind (bOTRT)
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To: E. Pluribus Unum

RE: It all makes sense now, knowing he’s a sodomite with a beard wife and two adopted beard children.

_____________________________

Is this one of those Oliver Stone conspiracy theories? Or is there good evidence for this?

If the latter, where is the reliable source?


40 posted on 07/04/2012 6:14:33 AM PDT by SeekAndFind (bOTRT)
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To: ROCKLOBSTER

Well, they became a bunch of freaking filthy hippies in the 60s, took over the government, destroyed education, and transformed the media into a communist propaganda machine, and then had kids.

You’re absolutely correct. One can trace the decline of our country back to the 60s and to my generation of Americans. When we returned from Vietnam, we found that Americans had become a people with whom we had little in common and this decline has continued until today.

Starting in the 60s, this downward spiral of the American people explains how Barack Hussein Obama, a man with no record of personal accomplishment, no leadership experience, and a man with strong connections to terrorists, criminals, perverts, racists, and anti-American Communists pulled it off and was elected President of these United States.

Some of us believe Karma has now bestowed the consequences of dishonorable behavior on the American people. Why do we believe this? In answer to my question, let me remind you of this statement and where these words took the American people:

“Let every nation know, whether it wishes us well or ill, that we shall pay any price, bear any burden, meet any hardship, support any friend, oppose any foe, in order to assure the survival and the success of liberty.”

John Fitzgerald Kennedy Inaugural address, Friday, January 20, 1961

With these words ringing in our ears, my generation went to Vietnam and promised the Vietnamese people we would stand shoulder to shoulder with them until their freedom was secure and the enemies of liberty were defeated. But, it is to America’s eternal shame and disgrace that the American people soon grew tired of this noble undertaking and betrayed the very people who had believed and trusted us.

Then, as now, the American people elected Democrats to our Congress who had rather see American soldiers killed and our country defeated than allow a Republican president to receive credit for defeating our enemies. This Democrat led Congress (the infamous 93rd) cut off funding for the Vietnam War and forced the withdrawal of American combat troops in 1973, but we departed with the hollow promise that we would return if the Republic of South Vietnam was invaded by communist North Vietnam. As everyone must remember, this, again, was a lie.

The tactic we had taught the South Vietnamese was to, when invaded by the North, fall back to a defendable position, stall the communist advance, force the communists to mass their forces before South Vietnam’s defenses, and this would allow time for American forces and air power to return to assist them as we had promised. South Vietnam did just that; for twelve days, outnumbered ten to one, the Army of the Republic of Vietnam (ARVN) held and stalled the communist’s advance outside Saigon near a little town called Xuan Loc.

Outside Xuan Loc during April 1975, in an effort as gallant as that of the Spartans at Thermopylae, the ARVN 18th Infantry Division held two North Vietnamese Army Corps at bay for twelve days. Every infantryman in the ARVN 18th Infantry Division died in that stand. None ran away and none survived. They died to a man fighting overwhelming odds and believing to the end we Americans would return as promised.

Just before the last ARVN soldier of the 18th Infantry Division died, he might have rolled over on his back and looked to the sky hoping to see the contrails of American B-52 bombers and he saw nothing. This last ARVN soldier then knew that he, along with all the Vietnamese people, had been betrayed. With his dying breath, this soldier must have then turned his gaze heavenly and beseeched God to Damn America.

Yes, there is such a thing as Karma where dreadful consequences are meted out in recompense for dishonorable behavior. The American people’s just rewards for abandoning a valiant ally during their time of need could be that the chickens came home to roost on the American people with an Obama Presidency; a Nancy Pelosi Congress; a Harry Reid Senate; now a John Roberts Supreme Court, and it couldn’t have happened to a more deserving people.

The election of 2008 was about more than just Obama, his arrogance, his empty resume, and his traitorous comrades. Just as Karma provides consequences for dishonorable behavior, there are also adverse consequences for irresponsible behavior. As a people deserve the government they vote into office, they also deserve the consequences resulting from that government’s actions or inaction. The consequences of a government not securing a country’s borders is that a people will lose their country as we are now losing ours to an invasion of illegal immigrants. The consequences of not securing a country’s electoral processes to prevent voter fraud is the country will lose its Democracy to a Thugocracy as we have lost ours to a Chicago-mob run Coup d’état.

But the final insult to our Democracy is with the election of Barack Hussein Obama, an avowed Marxist Communist, a significant chapter in American History has finally closed. Our sixty-odd year long Cold War with Communism is over and the Communists have won the war.

These words precede those of President Kennedy, so no one can say we didn’t see this coming:

“We cannot expect the Americans to jump from Capitalism to Communism, but we can assist their elected leaders in giving Americans small doses of Socialism until they suddenly awake to find they have Communism.”

Nikita Khrushchev, 1959

As we Americans continue to live out the old Chinese curse, “May you live in interesting times.”

by
Donald J. Taylor
A Vietnam Veteran


41 posted on 07/04/2012 6:53:11 AM PDT by DJ Taylor (Once again our country is at war, and once again the Democrats have sided with our enemy.)
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To: SeekAndFind
You could try Wikipedia. That's where I got the info that he got married at 40 to a lawyer and they adopted two children. Reminds of Tom Cruise and Nicole Kidman adopting kids instead of having their own biological children. The Left keeps Wikipedia scrubbed of information that would embarrass the Left, so that's about as reliable as you are going to get.

And then there are photos like this one...

...that should have your gaydar ringing five alarms, unless you're an idiot.

42 posted on 07/04/2012 8:09:32 AM PDT by E. Pluribus Unum (Government is the religion of the sociopath.)
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To: SeekAndFind
PS - Why aren't his "wife" and "kids" along on his little Malta junket?

All the photos published so far are of him alone.

43 posted on 07/04/2012 8:14:00 AM PDT by E. Pluribus Unum (Government is the religion of the sociopath.)
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To: muawiyah
Sounds like he's a full blown EPILEPTIC who is into writing extensive and long tomes about whatever.

You obviously don't have a single solitary clue as to what epilepsy is and isn't.

You make us all look like fools with your shouting out of your ignorance. Not a dangerous as Robert's vileness, but bad enough.

44 posted on 07/07/2012 8:02:08 AM PDT by Yossarian ("All the charm of Nixon. All the competency of Carter." - SF Chronicle comment post on Obama)
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To: Yossarian
Hmm ~ a hard case ~ I had a friend who after working with his epilepsy for a number of years had a terminal seizure.

He also got into the extensive writing syndrome.

I've met others like him over the years.

Now, where do you get your experience from?

45 posted on 07/07/2012 1:48:22 PM PDT by muawiyah
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