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Race and Freedom
Townhall.com ^ | May 4, 2014 | Judge Andrew Napolitano

Posted on 05/04/2014 5:53:37 AM PDT by Kaslin

Cliven Bundy should be happy for the public revelation of the private comments of fellow racist Donald Sterling; the latter has replaced the former as the person Americans most love to hate. These two bigots recently spewed racial hatred: Bundy suggesting that African-Americans might do well to consider slavery over freedom, and Sterling offering disjointed comments that reveal his evident beliefs in white supremacy.

Bundy is a Nevada rancher who became a hero to the right for standing up to the heavy hand of federal suppression of property rights in the West. He and his family had been grazing their cattle on land they believed was theirs or the state of Utah's for more than 100 years, when along came the federal Bureau of Land Management (BLM), which claimed the land and assessed Bundy for his use of it. A federal judge upheld the claims and the million-dollar assessment; yet Bundy refused to pay. Instead of filing the judgment in a courthouse, as you and I would do if we had a judgment against Bundy, the feds showed up with 200 camouflage-clad machine gun-bearing federal agents determined to steal Bundy's cattle.

Soon, thousands of Nevadans showed up to support Bundy, whereupon the feds enacted a "free speech zone." They ordered the protesters either to remain silent, or to enter the zone and protest there. The zone was a 25-square-yard patch of earth in the Nevada desert, three miles from the Bundy/BLM confrontation site.

Sterling is a billionaire who owns the Los Angeles Clippers of the National Basketball Association (NBA) and was a hero to the left for his public support of liberal causes. He has given generously to the Los Angeles chapter of the NAACP and to the Democratic Party in California. He is white, married and apparently enjoys the company of a biracial girlfriend. Recordings of his several wild, weird, disjointed rants directed to the girlfriend and uttered in the privacy of his own home have been played publicly. In them, Sterling directs his girlfriend not to attend Clipper games in the company of her African-American friends.

Both of these men used hateful and hurtful words that were animated by truly condemnable attitudes about race. No moral person credibly could suggest that slavery is preferable to freedom, and no moral person credibly could suggest that whites are superior to blacks in any respect. Those were attitudes advanced by antebellum slave owners and 20th-century supporters of laws that used the machinery of government to harm blacks during the 100 years following the Civil War.

All rational people, understanding the colorblindness of the natural law, have a moral obligation -- but not a legal one -- publicly to treat persons of different races with equal dignity and respect. I can morally prefer a friend or a mate who is of my race, but I cannot morally hate a potential friend or mate just because the person is not of my race. I do not know what is in their hearts, but Bundy and Sterling are apparently haters.

What to do with them because of their speech? Nothing. I mean nothing. Racially hateful speech is protected from government interference by the First Amendment, which largely was written to protect hateful speech. Neither Bundy nor Sterling has been accused in these instances of racially motivated conduct -- just speech animated by hatred.

In the Bundy case, the feds did suppress speech by keeping it three miles away from them. Free speech, assembly and the right to petition the government would become empty and meaningless if the governmental targets of the speech and assembly could not hear it. The First Amendment will condone outlawing the use of a bullhorn by protesters in front of a hospital at 3 o'clock in the morning. But it will not condone free speech zones for the sake of government convenience. The entire United States of America is a free speech zone.

In Sterling's case, is it fair to punish someone for speech uttered in the privacy of his home? It would be exquisitely unfair for the government to do so, but the NBA is not the government. When Sterling bought his basketball team, he agreed to accept punishment for conduct unbecoming a team owner or conduct detrimental to the sport. Is speech conduct? For constitutional purposes, it is not; the Constitution does not restrain the NBA. It is free to pull the trigger of punishment to which Sterling consented.

But it needn't do so.

Hateful and hurtful words have natural and probable consequences where the people are free to counter them. The government has no business cleansing the public marketplace of hateful ideas. The most effective equalizer for hatred is the free market. It will remedy Sterling's hatred far more effectively than the NBA can. As advertisers and sponsors and fans desert Sterling-owned properties, he will be forced to sell them, lest his financial losses become catastrophic. And it has removed Bundy from the public stage altogether.

But don't hold your breath waiting for the forces of freedom to nullify hatred. Soon the forces of darkness will attempt to do so as creative prosecutors and hungry litigators bring the government into the fray. I hope they stay home and follow the natural law principle of subsidiarity, which mandates that public problems be solved using the minimum force necessary, not the maximum force possible -- and no force at all where peaceful measures are just as effective.

I would not invite Bundy or Sterling into my home, nor would I befriend them. But I will defend with zeal and diligence their constitutional freedoms.


TOPICS: Culture/Society; Editorial
KEYWORDS:

1 posted on 05/04/2014 5:53:37 AM PDT by Kaslin
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To: Kaslin

Judge Napolitano, revealing why the American judicial system is such a shambles.


2 posted on 05/04/2014 5:58:07 AM PDT by Jack Hammer
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To: Kaslin
Cliven Bundy should be happy for the public revelation of the private comments of fellow racist Donald Sterling

I stopped reading right there.

3 posted on 05/04/2014 5:58:32 AM PDT by P-Marlowe (There can be no Victory without a fight and no battle without wounds)
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To: Kaslin

So basically now we have it:

First Paula Deen, so now all Southerners are racists

Next, Cliven Bundy, so now all cowboys are racists

Third, Clippers owner, Sterling, so now all Jewish people are racists

The only people that can be trusted are Eastern seaboard and West Coast Progressives, right? Gads, the propaganda.


4 posted on 05/04/2014 5:58:41 AM PDT by yldstrk ( My heroes have always been cowboys)
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To: P-Marlowe

So did I.


5 posted on 05/04/2014 5:59:43 AM PDT by ilovesarah2012
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To: yldstrk

The anti-Semitic blacks are going after the Jew


6 posted on 05/04/2014 6:05:44 AM PDT by bert ((K.E. N.P. N.C. +12 ..... History is a process, not an event)
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To: Kaslin
Bundy suggesting that African-Americans might do well to consider slavery over freedom

Bundy suggested nothing of the kind. He said that the Democrats, the party of the Klan, have put blacks in a position as bad for them as slavery with a welfare structure that destroys families and character. His statement is obviously true, and obviously the opposite of racism. Unlike the far left, Bundy cares about the harm that leftism does to decent people, regardless of their skin color.

7 posted on 05/04/2014 6:06:24 AM PDT by Pollster1 ("Shall not be infringed" is unambiguous.)
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To: Kaslin

I tire of the articles with 80% preamble explaining the author’s outrage followed by a weak defense of Free Speech. Must tread lightly or they’ll lose the cushy commentator job too.


8 posted on 05/04/2014 6:10:25 AM PDT by subterfuge (Hey NSA snoop, get a real job you idiot!)
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To: Kaslin

Bundy was contrasting the 1950s black family to the current government housing black family. The present federal slave state is dehumanizing and more evil than the antebellum south.


9 posted on 05/04/2014 6:12:43 AM PDT by maddogtiger
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To: Kaslin

Do not believe the Judge has all the facts. I always liked pretty much everything he said. The question is, is this early dementia or is he just following orders?


10 posted on 05/04/2014 6:12:50 AM PDT by Foundahardheadedwoman (God don't have a statute of limitations)
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To: bert

They are going after everybody, Jewish, Southern, westerner

you have to be a Mohammedan from the coast in order to pass muster, no matter what murder may be in the coastal Mohammedan’s heart


11 posted on 05/04/2014 6:15:27 AM PDT by yldstrk ( My heroes have always been cowboys)
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To: Kaslin
I guess Judge Napolitano is getting most of his information from headlines or the NYT spin.
I saw two misleading or MSM fabrications in the first couple of paragraphs and did not go any further.

I have decided that yelling and throwing things at my computer is too expensive and just drives the blood pressure higher.

12 posted on 05/04/2014 6:19:54 AM PDT by Tupelo (I feel more like Philip Nolan every day)
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To: Kaslin

“Bundy suggesting that African-Americans might do well to consider slavery over freedom...”

You are wrong judge... for one am not buying your analysis, and your commentary disappoints me...

The media “suggested”, “inflamed”, “insinuated” that Cliven Bundy’s comments were racist, taken out of context, fueled by race-pimping zealots like Sharpton, Jackson and the usual local suspects and their allies in the media...

All of us need to learn from these post-incident personal interest stories the media foists upon these 15 minute celebrities...It is much better to say nothing if it doesn’t have anything directly involving your differences of opinion with someone, some issue, some government action/entity...Speak to that, nothing else...

Know that those aligned against you want you to slip up and say something about race these days, about the economy, about Obama, whatever...That gives them and out and makes you look like a fool in the end when your story fades to black...


13 posted on 05/04/2014 6:25:23 AM PDT by stevie_d_64 (It's not the color of one's skin that offends people...it's how thin it is.)
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To: Jack Hammer

This is supposedly an educated man who doesn’t even bother to review Bundy’s actual words before condemning him.

I was impressed by the honest concern in Bundy’s statement for people of all races, Mexican, Black and people in general. He was telling the truth which is that the Liberal schemes have entrapped the Black families and damaged their social structure to a greater extent than slavery did. Nowhere did he suggest that slavery was something good.

Liberals are destroying choice and opportunities for Blacks by keeping them dependent so that they can use them as a voting block. Democrats have no interest in actually allowing the poor to advance and decide their own destiny. The welfare programs are set up in such a way that the recipients have monetary disadvantages in having an intact family and they get additional money and benefits by having additional children and by having them classified as disabled etc. How many children are being denied a mainstream education because their Moms need/want the extra stipend that comes from being classified?

The Democrats & President Obama’s administrations are all about closing the school voucher system that was successfully allowing children a path out and families a choice in DC. The founder of Planned Parenthood was a racist who wanted to prevent the birth of Black babies. There is still a vast disproportion of Black abortions. She is a liberal hero. Mr Bundy is being used to gin up Black votes for the fall and foment more Black/White divison by a very cynical political class and Judge Napolitano has missed his chance to set the record straight.


14 posted on 05/04/2014 6:26:19 AM PDT by JayGalt
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To: Jack Hammer
the First Amendment, which largely was written to protect hateful speech

It's really hard to believe that the Judge Napolitano I have seen on TV wrote this. It's like some liberal wrote it under his by line.

The First Amendment was NOT written to protect hateful speech, although hateful speech is protected under any rational reading of the First Amendment. It was written to protect minority and unpopular political viewpoints, "hateful" or not. A man of Judge Napolitano's training and experience should absolutely be able to understand that difference, which isn't even really a subtle difference.

15 posted on 05/04/2014 6:27:48 AM PDT by Hardastarboard (Please excuse the potholes in this tagline. Social programs have to take priority in our funding.)
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To: Kaslin

FU Judge you sell out POS political correctness is a cancer and you need serious chemotherapy.


16 posted on 05/04/2014 6:30:40 AM PDT by WilliamRobert (Obama so loves the poor he created millions more.)
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To: Kaslin
. . . Bundy suggesting that African-Americans might do well to consider slavery over freedom

Maybe someone should explain what juxtapose means. If this guy really was a judge I wonder if those convicted could a case for having it overturned.

17 posted on 05/04/2014 6:31:25 AM PDT by WilliamofCarmichael (If modern America's Man on Horseback is out there, Get on the damn horse already!)
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To: ilovesarah2012

Me too!


18 posted on 05/04/2014 6:36:28 AM PDT by lakecumberlandvet (Appeasement never works.)
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To: Foundahardheadedwoman; xzins
Do not believe the Judge has all the facts.

He chose to make up the facts he needed. I am appalled at Napolitano's reckless scholarship on this article. I have lost a ton of respect for him. If this is an example of the type of scholarship that has gone into his books, then his books are not worth the paper they are printed on.

If I were Bundy, I'd sue the pants off Napolitano for this article.

Napolitano has shown a reckless disregard of the facts and in the process he has attempted to put words into Bundy's mouth that he never said or in any way insinuated.

19 posted on 05/04/2014 6:46:05 AM PDT by P-Marlowe (There can be no Victory without a fight and no battle without wounds)
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To: Kaslin
These two bigots recently spewed racial hatred ...

Oh, what nonsense. You'll know "racial hatred" when it hits you in the head from behind with a brick, Judge.

20 posted on 05/04/2014 6:50:17 AM PDT by Tax-chick (Happy Star Wars Day! May the Fourth be with all y'all.)
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To: Kaslin

Should Shaquille Oneal be BANNED for life also for the racist rap video he made?? which incidentally he was FIRED by Sheriff Joe for.

http://articles.latimes.com/2008/jun/25/sports/sp-shaq25


21 posted on 05/04/2014 6:57:06 AM PDT by eyeamok
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To: Kaslin

Nobody reads actual SOURCES, anymore.

Do they.


22 posted on 05/04/2014 6:59:16 AM PDT by Flintlock (islam is a LIE, mohammmud a CRIMINAL, sharia is POISON!)
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To: yldstrk

Exactly


23 posted on 05/04/2014 7:24:17 AM PDT by Kaslin (He needed the ignorant to reelect him, and he got them. Now we all have to pay the consequenses)
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To: Kaslin; flaglady47; pax_et_bonum; mickie; Maine Mariner; seekthetruth; Bob Ireland; Bizzy Bugz; ...
A careful reading of the above artcle clearly shows Napolitano wordily coming down on both sides of the Bundy and Sterling issues...actually ALL sides of the issues.....thereby trying to please ALL his readers and listeners with "hard-hitting" conclusions, all the while attempting to alienate nobody.

In short, Da Judge illustrates the fact that sooner or later, and one-by-one, all Fox hosts, contributors and analysts will come down with "O'Reillyitis", a chronic condition with symptoms of weasel words, fence-sitting, playing both sides against the middle, situation-ethics, moral equivalency, BS, CYA, arrogance, disregard of facts, high-sounding claptrap....with recurrent indications of latent elitist fascism.

Leni

24 posted on 05/04/2014 7:25:50 AM PDT by MinuteGal
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To: ilovesarah2012; P-Marlowe
You should have kept reading because sadly you missed this part, especially the one in bold

I would not invite Bundy or Sterling into my home, nor would I befriend them. But I will defend with zeal and diligence their constitutional freedoms

25 posted on 05/04/2014 7:29:36 AM PDT by Kaslin (He needed the ignorant to reelect him, and he got them. Now we all have to pay the consequenses)
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To: Kaslin
Napolitano: I would not invite Bundy or Sterling into my home,

That's probably because he hates Mormons and Jews.

26 posted on 05/04/2014 7:34:32 AM PDT by P-Marlowe (There can be no Victory without a fight and no battle without wounds)
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To: Kaslin

Judge Nappi is a case in point - there was a reason the Founders didn’t let women vote.

Support of First Amendment restrictions is treasonous.


27 posted on 05/04/2014 7:36:20 AM PDT by GladesGuru (Islam Delenda Est - because of what Islam is and because of what Muslims do.)
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To: Kaslin

Pompous ass.


28 posted on 05/04/2014 7:41:01 AM PDT by Blackhawk45 (It's called the Bill of Rights.......NOT the Bill of Privileges!!!)
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To: Kaslin

A faithless Octogenarian cancer patient and a barely lettered old cowboy. We gotta’ get a better class of racists.


29 posted on 05/04/2014 7:48:55 AM PDT by Mike Darancette (Do The Math)
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To: GladesGuru
Oh another chauvinistic pig (you) who thinks women should be bare feet and pregnant. How dare they vote.

True there are some females who should not vote, but then there are plenty of men who shouldn't either.

30 posted on 05/04/2014 7:52:54 AM PDT by Kaslin (He needed the ignorant to reelect him, and he got them. Now we all have to pay the consequenses)
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To: Kaslin; GladesGuru

“Judge Andrew Napolitano wrote something with which I disagree. Therefore, women should not be allowed to vote.”

I understand the basic concept, which is that anything “bad,” including the existence of commentators with whom we disagree, is caused by “feminism.” However, I’m in the dark regarding the precise chain of reasoning for this particular example.


31 posted on 05/04/2014 7:59:28 AM PDT by Tax-chick (Happy Star Wars Day! May the Fourth be with all y'all.)
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To: Kaslin

I don’t think too many people on this forum would be surprised to discover than many holier-than-thou libs would like anybody caught saying or doing what they deem racist words or actions punished. They sincerely believe only conservatives are haters and bigots. While their hero Obama pals around with a known racist, Al Sharpton, and the NBA has people like Spike Lee and Jay-Z attending games and getting involved with league-related functions. Hypocrisy at major-league levels.


32 posted on 05/04/2014 8:01:04 AM PDT by driftless2
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To: Kaslin; GladesGuru

Perhaps they were thinking of Janet Napolitano, not Andrew.


33 posted on 05/04/2014 8:04:30 AM PDT by dfwgator
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To: dfwgator; Kaslin
Perhaps they were thinking of Janet Napolitano, not Andrew.

After reading this article, I think it is probably hard to tell the difference.

34 posted on 05/04/2014 8:10:01 AM PDT by P-Marlowe (There can be no Victory without a fight and no battle without wounds)
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To: Kaslin
No moral person credibly could suggest that slavery is preferable to freedom

Is that what he said? or even suggested? I think he suggested that in some ways there were better off then being dependent on the government.

and no moral person credibly could suggest that whites are superior to blacks in any respect

This is emotive BS. Call it culture or call it race but the majority of blacks are unwed mothers, disproportionally criminal, disproportionally problematic etc. Superior? Inferior? Call it what you want but if given a choice I know I don't want to live like or be like the majority of blacks.

35 posted on 05/04/2014 8:15:09 AM PDT by Altura Ct.
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To: Tax-chick

The Founders were quite aware that women have a strong tendency to vote for that which promises to help their children. As such, any scoundrel that promised them something seen as beneficial to their child rearing would get their vote.

They were correct.

Whether their assumption that male property owners would be more likely to judge their actions and those of others by the standard of the Constitution is really the issue.

Recent history suggests their fears were all too accurate.

Remove government from areas such as charity and Fedzilla’s bastard farming to create supportive voters goes away, perhaps the best option I can suggest.

Anyone got ideas on this subject?


36 posted on 05/04/2014 8:35:42 AM PDT by GladesGuru (Islam Delenda Est - because of what Islam is and because of what Muslims do.)
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To: GladesGuru
Your post entirely failed to make the connection between women voters and Judge Andrew Napolitano's column.

The Founders were quite aware that women have a strong tendency to vote for that which promises to help their children.

Can you provide some specific quotes in support of this statement?

37 posted on 05/04/2014 8:42:27 AM PDT by Tax-chick (Happy Star Wars Day! May the Fourth be with all y'all.)
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To: Kaslin

Are the NBA owners guilty of conspiring to deprive Sterling of his civil rights?


38 posted on 05/04/2014 8:47:37 AM PDT by monocle (ain)
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To: Kaslin

“Bundy suggesting that African-Americans might do well to consider slavery over freedom,...”

I thought this Napalitano guy was supposed to be smart.


39 posted on 05/04/2014 12:21:13 PM PDT by Peet (The worst form of inequality is to try to make unequal things equal. - Aristotle)
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To: P-Marlowe; Foundahardheadedwoman

You have to wonder if Napolitano even bothered to read Bundy’s words.

IF he did, he’s a liar.

If he didn’t, he’s playing to the crowd.

Never thought I’d see this out of Judge Napolitano.


40 posted on 05/04/2014 1:03:06 PM PDT by xzins ( Retired Army Chaplain and Proud of It! Those who truly support our troops pray for victory!)
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To: xzins

Me either.


41 posted on 05/04/2014 1:08:53 PM PDT by Foundahardheadedwoman (God don't have a statute of limitations)
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To: xzins; Foundahardheadedwoman; Kaslin

If you are going to call someone racist, you’d better have your facts straight.

If you are going to call someone a bigot, you’d better have your facts straight.

If you are going to claim moral superiority over a man, you’d better have your facts straight.

Napolitano showed a reckless disregard for the facts before he wrote this screed.

If I were Bundy, I’d sue him for libel. This is such an egregious mischaracterization of what Bundy said, that I am pretty sure he could prevail in a libel suit.

I am sick to death of the media playing the race card. And when previously respectable conservatives like Hannity and Napolitano do it, it is really disconcerting.


42 posted on 05/04/2014 1:23:01 PM PDT by P-Marlowe (There can be no Victory without a fight and no battle without wounds)
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To: P-Marlowe
I parted company with both Beck and Hannidity over Bundy. I used to listen to them religiously. Now, as far as I am concerned, they no longer exist.
43 posted on 05/04/2014 1:27:59 PM PDT by sport
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To: P-Marlowe

Hannity and Napolitano are people that I tune in to listen to. Not always, but they’ve been respectfully truthful about so many things that I give them a fair hearing.

I’m seriously disappointed with both on the Bundy case. If Napolitano reads legal text as recklessly as he failed to review Bundy’s actual words, then he must go to the stack that Reagan spoke of “trust but verify.”

Ann Coulter made it all the way to “don’t trust, verify”. This craven boot-licking for media approval might just land Napolitano in “don’t trust, verify” land along with mood-swing-Annie.


44 posted on 05/04/2014 5:01:45 PM PDT by xzins ( Retired Army Chaplain and Proud of It! Those who truly support our troops pray for victory!)
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To: Foundahardheadedwoman

ping to #44


45 posted on 05/04/2014 5:02:50 PM PDT by xzins ( Retired Army Chaplain and Proud of It! Those who truly support our troops pray for victory!)
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To: xzins; Kaslin

My take on it is that Hannity and Napolitano are both COWARDS when it comes to race.

They fear being tagged with the moniker of “racist” so much that they are willing to go along with any kind of PC lynching of anyone even remotely un-PC on the issue.

Hannity, Napolitano, Rand Paul... all a bunch of cowards.

What Bundy said cannot in any way be logically construed as evincing any hatred towards any specific group of people and, in fact, showed a Christian concern for the plight of
Black people.

What Napolitano said here evinces a hatred on a visceral level towards Bundy and anyone who would deign to support him.

By taking his last sentence out of context one could easily make the claim that Napolitano is a Jew hating and Mormon hating bigot. But read in context, he only hates one Jew and one Mormon.

Napolitano should have done his homework before libeling Bundy.


46 posted on 05/04/2014 5:26:28 PM PDT by P-Marlowe (There can be no Victory without a fight and no battle without wounds)
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To: P-Marlowe; Kaslin

It’s true that I’m going easier on Hannity than on Napolitano. I’m doing so for the same reason I expect church members to hold their pastor more accountable for false teaching than a Sunday School teacher. Both hold themselves out to be teachers of God’s Word, but I admit that the Sunday School teacher is (in most instances) lacking any kind of formal, in-depth training.

Napolitano is not only a lawyer, but he’s also a former superior court Judge.

I do expect him to have the training to carefully dissect the actual words used in a law or in testimony.

Hannity is certainly accountable, but he’s a media talking head. Napolitano, on the other hand, should be able to look at the CONTEXT of the statements attributed to both men and determine that Bundy was talking about the failures of big government with blacks and Hispanics merely illustrations of that failure.

Sterling’s statements concerned his distaste for his mistress being seen in public with blacks. I think the context was his rage at a public cuckolding.


47 posted on 05/05/2014 4:59:39 AM PDT by xzins ( Retired Army Chaplain and Proud of It! Those who truly support our troops pray for victory!)
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