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George Zimmerman: Self-defense hearing could dismiss death charge
Orlando Slantinel ^ | 4/11/2012 | Henry Pierson Curtis

Posted on 04/12/2012 5:17:42 AM PDT by spacejunkie2001

George Zimmerman can ask to have the second-degree-murder charge against him dropped without having to stand trial in the death of Trayvon Martin.

Two years ago, the Florida Supreme Court ruled that anyone claiming "stand your ground" immunity in a death, battery or assault case can request a hearing on the evidence.

The hearing allows the prosecution and defense to argue all the elements of self-defense in the case evidence. To get charges dismissed, the accused must convince the judge that a reasonable person would believe that using deadly force or the threat of deadly force was the only way to protect his or her life, court records show.

The state's "stand your ground" law passed in 2005 says:

"A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony."

In its Dec. 16, 2010, ruling, the state Supreme Court stated that defendants claiming self-defense are entitled to evidentiary hearings to argue that the evidence in their cases proves they had the right to protect themselves.

The most recent of these hearings in Orlando failed.

(Excerpt) Read more at articles.orlandosentinel.com ...


TOPICS: Crime/Corruption; News/Current Events; US: Florida
KEYWORDS: blackkk; florida; georgezimmerman; sanford; standyourground; trayvonmartin
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To: cricket
If Holder 'Justice' leads; every day will be 'open season'. .. We can count on it.

We can. But 'they' can count on this rabbit...and many others...shooting back.

51 posted on 04/12/2012 6:22:36 AM PDT by Bloody Sam Roberts (I will not comply. I will NEVER submit.)
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To: FewsOrange

So we still do not know as fact which person initiated contact. Following someone is not against the law.


52 posted on 04/12/2012 6:24:51 AM PDT by Ratman83
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To: spacejunkie2001

its not what the law says that matters. Now it’s all about the appeasement of the liberal lynch mob.

Face it Angela Corey is a Republican, appointed by Florida’s republican governor and she charged zimmerman with 2nd degree murder.

if Zimmerman tries this and its a lib judge they’ll deny it. and if its a RINO judge they’ll do the same.


53 posted on 04/12/2012 6:26:55 AM PDT by Cubs Fan (whites are 8 times more likely to be victimized by black criminals than blacks by white criminals)
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To: MichaelP
I agree about the judge, but if it goes to trial they will have a hard time "hand-picking" a jury. The defence always has the advantage during jury selection. It will be interesting to see how long and difficult the jury selection process is. A venue change is also very likely. The defense has the advantage there, too.

Of course even if Zimmerman walks the DoJ will be waiting in the wings with federal civil rights charges. They are not going to let him get away.

54 posted on 04/12/2012 6:31:20 AM PDT by jboot
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To: MichaelP
...two white cops, plain clothes detectives, were arrested for the murder of Rodney King.

On March 3, 2011, King was stopped by Los Angeles police for driving erratically.
He was issued a citation for driving with an expired license.

On July 12, 2011, King was arrested on suspicion of driving under the influence.

Ol' Rodney must be a zombie.

55 posted on 04/12/2012 6:31:20 AM PDT by Bloody Sam Roberts (I will not comply. I will NEVER submit.)
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To: Navy Patriot
several very cunning nullification jurors.

What the jury nullification proponents never seem to realize is that it is a two-edged sword.

The OJ jurors practiced it, as did the jury in To Kill a Mockingbird. If the evidence is as is presently out there, the Zimmerman jury might have to do so in order to convict.

Conviction of an obviously innocent man because you dislike his politics or skin color is just as much jury nullification as is acquittal of a guilty one because you approve of his politics.

56 posted on 04/12/2012 6:31:29 AM PDT by Sherman Logan
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To: MrB
“Which for most is just an excuse to steal.”

That's exactly why it only takes a few people to start a full scale riot.

A few start the riot and others jump in for the fun.

News media then creates the spin as to the cause of the riot.

Most people don't remember, but one of the guys that hit Reginal Denny in the head with the brick said he didn't know anything about the not guilty verdict when he started rioting, and that was pretty much ground zero for the riot.

The LA riots were planned in advance, the not guilty verdict was just an excuse.

57 posted on 04/12/2012 6:34:18 AM PDT by IMR 4350
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To: IMR 4350

I’ve heard it said -

crowds are kinda fun, until the first window gets broken and the authorities do nothing about it.


58 posted on 04/12/2012 6:41:02 AM PDT by MrB (The difference between a Humanist and a Satanist - the latter knows whom he's working for)
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To: traditional1

NBC convicted him.
He was found guilty before a trial.


59 posted on 04/12/2012 6:47:47 AM PDT by Eric in the Ozarks (Beware the Sweater Vest)
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To: Mustangman

“George...you now know why the 911 operator suggested that you not follow Trayvon....but, you found out too late....much too late.”


Are you saying that, after the 911 operator told Zimmerman, “we don’t need you to do that”, and Zimmerman said, “OK”, that Zimmerman continued to follow Trayvon? My understanding is that Zimmerman maintains that he at that point returned to his vehicle.


60 posted on 04/12/2012 6:49:53 AM PDT by mtrott
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To: traditional1

America is going to have to face up to the black racist mobs sooner or later. We can’t continue to let them hold the nation hostage. It is obvious that too many American blacks are not ready - are too racist - to be able to handle having a Black man in the White House.

From Holder’s actions in refusing to prosecute the Nation of Islam thugs obstructing voting in Philadelphia to his silence as the Nation of Islam’s political arm, the panthers, threatened to murder Zimmerman and put a price on his white head...Black demon-rats can not be trusted with power over other races of people.


61 posted on 04/12/2012 6:50:50 AM PDT by SaraJohnson
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To: Mustangman

“George...you now know why the 911 operator suggested that you not follow Trayvon....”

George Zimmerman NEVER talked to 911; get your facts straight!


62 posted on 04/12/2012 6:51:26 AM PDT by SatinDoll (No Foreign Nationals as our President!)
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To: Cboldt

AMEN

(I believe you’ll find several reference in the Bible of God fearing people petitioning God to strike down an enemy)


63 posted on 04/12/2012 6:55:27 AM PDT by hoosiermama
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To: Sherman Logan
What the jury nullification proponents never seem to realize is that it is a two-edged sword.

Ahh,...OK...

If the evidence is as is presently out there, the Zimmerman jury might have to do so in order to convict.

Let's get our terminology straight, this would be a railroad, or lynching.

Such an action would be the nullification of justice, the society, and the moral authority of government. It would be the affirmation of mob rule, absolute barbarism and human sacrifice.

Conviction of an obviously innocent man because you dislike his politics or skin color is just as much jury nullification as is acquittal of a guilty one because you approve of his politics.

No, this is a conflation that ASSUMES that law given by the mob is good or just. It is not, as my tagline has asserted for a while, now.

64 posted on 04/12/2012 6:58:21 AM PDT by Navy Patriot (Join the Democrats, it's not Fascism when WE do it and the law is what WE say it is.)
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To: 6SJ7

Yesterday’s small fonts included a rocket launch by NK. A large earthquake complete with tsunami and.....who knows what else was cut due to “time limitations”


65 posted on 04/12/2012 7:01:42 AM PDT by hoosiermama
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To: commish
All they have to do is convince 12 morons that Zimmerman 'accidentally' killed their baby boy and should pay them as a result.

________________________

Yeah, you can almost hear them plotting to get their son killed so they could get paid...poor Trayvon, having to take one for the family.

66 posted on 04/12/2012 7:03:47 AM PDT by wtc911 (Amigo - you've been had.)
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To: snarkytart
Ain’t gonna happen. There is zero change someone have the balls to do the right thing.

Yep, no judge nor jury member will want a bouty on their heads either. Easier to give up Zimmerman than to acquit or end up with a hung jury.

67 posted on 04/12/2012 7:15:41 AM PDT by damper99
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To: Navy Patriot
Is jury nullification the jury deciding what the law should say or not? Getting to justice without paying attention to the letter of the law or not?

That's how I've seen it defined, more or less. If you have another I'd be very interested to hear it.

68 posted on 04/12/2012 7:21:04 AM PDT by Sherman Logan
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To: Navy Patriot

OK, it seems jury nullification usually refers to acquittal for a defendant charged with a crime the jury believes should not be a crime.

It’s an extension of the term, but I fail to see how this differs in principle from a jury convicting a person when they think the law should have made what he did criminal.


69 posted on 04/12/2012 7:25:19 AM PDT by Sherman Logan
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To: Sherman Logan
The Constitutional REQUIREMENT for a enumerated RIGHT to a Jury of peers is mandated because of the Founders complete distrust of government officers, politicians, prosecutors, and judges, and for that reason alone.

The Juror has several duties and absolute authority over all facets of government by nullification.

I will expand later, if I have time today, gotta go, now.

70 posted on 04/12/2012 7:32:18 AM PDT by Navy Patriot (Join the Democrats, it's not Fascism when WE do it and the law is what WE say it is.)
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To: MichaelP

I understand your sentiments, however the cops were not charged with murdering Rodney King simply for the fact he was and is still above ground.


71 posted on 04/12/2012 7:46:38 AM PDT by gusty
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To: spacejunkie2001

Doesn’t matter what happens, there will be riots.

Even if he is tried and convicted for murder, the celebrations will turn into riots as Holder’s people seek to get even with Whitey.


72 posted on 04/12/2012 7:50:47 AM PDT by Fresh Wind ('People have got to know whether or not their president is a crook.' Richard M. Nixon)
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To: Jim Noble
You don't seriously believe Romney can beat Obama, do you?

Yes... Besides, Ann Romney as first lady will be a maybe even a vaster improvement over the current one. Mrs. Romney is actually a nice person.
73 posted on 04/12/2012 7:52:01 AM PDT by BigEdLB (Now there ARE 1,000,000 regrets - but it may be too late.)
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To: Fresh Wind

As in ‘No justice no peace...’? The mobs will roam about... One time this chant was so garbled during a demonstration it sounded like, “No juices, no pi**”, as though they were having a tough times giving a sample for a drug test without ‘help’...


74 posted on 04/12/2012 7:57:32 AM PDT by BigEdLB (Now there ARE 1,000,000 regrets - but it may be too late.)
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To: KeyLargo

I’m from Jacksonville. Its reeeel conservative. Hence only a handful of demonstrators outside the courthouse. A trial there would bring a fast acquital.


75 posted on 04/12/2012 9:18:53 AM 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: spacejunkie2001
Oh, boy! Another reason excuse to RIOT!
76 posted on 04/12/2012 9:34:35 AM PDT by JimRed (Excising a cancer before it kills us waters the Tree of Liberty! TERM LIMITS, NOW AND FOREVER!)
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To: cricket
We must have Repubs in charge. . .and damn us all; if we don't.

Not likely; last I heard a Spanish company with ties to George Soros has been retained to count the votes.

77 posted on 04/12/2012 9:40:06 AM PDT by JimRed (Excising a cancer before it kills us waters the Tree of Liberty! TERM LIMITS, NOW AND FOREVER!)
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To: TigerClaws
Which means... Acquittal and riots.

Before the elections, maybe? So the electorate can see clearly what a vote for Obama enables?

78 posted on 04/12/2012 9:43:32 AM PDT by JimRed (Excising a cancer before it kills us waters the Tree of Liberty! TERM LIMITS, NOW AND FOREVER!)
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To: Mustangman
...a person is dead as a result of contact instigated by Zimmerman.

"He's running."......
"We don't need you to do that." (follow him)
"OK"......
"What's your address?"
"I don't want to say it; I don't know where that guy is..."

Contact had been broken. It was reestablished when Martin approached Zimmerman from behind.

79 posted on 04/12/2012 9:57:15 AM PDT by JimRed (Excising a cancer before it kills us waters the Tree of Liberty! TERM LIMITS, NOW AND FOREVER!)
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To: Sherman Logan
OK, it seems jury nullification usually refers to acquittal for a defendant charged with a crime the jury believes should not be a crime.

It’s an extension of the term, but I fail to see how this differs in principle from a jury convicting a person when they think the law should have made what he did criminal.

Reasonable question on it's surface, so let's look at nullification in each case.

In the first (a crime the jury believes should not be a crime), the jury believes that the government has perpetrated a tyranny by fiat, and the action is against the government (legislature, unjust law; executive, malicious prosecution, corrupt police investigation; judicial, biased judge) and the jury overrules any or all government entities.

In the second (a jury convicting a person when they think the law should have made what he did criminal), how does the jury get the defendant into court in the first place when a prosecutor will not charge 'em because the state holds they have not violated the law?

Juries, even Grand Juries cannot charge anyone without a prosecutor asking for a charge, so a jury cannot "nullify" a failure to prosecute.

Likewise if a prosecutor charges a serial murdering defendant with over parking because he cannot prove serial murder, the jury cannot return a verdict such as: "On the charge of over parking, we the jury find the defendant guilty of murder in the first degree."

The jury only has the power to nullify the government, it may not "nullify" a law (ex post facto or not) or a charge into existence.

That is the job of the mob.

80 posted on 04/12/2012 10:01:13 AM PDT by Navy Patriot (Join the Democrats, it's not Fascism when WE do it and the law is what WE say it is.)
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To: Sherman Logan
The Constitutional duty of a Juror (from the point of deliberations) is as follows:

1) Determine if the law under which the defendant is charged is Constitutional. If not, vote acquittal.

2) Determine if the law is being applied to the defendant as intended by the legislature that created the law. If not, vote acquittal.

3) Determine if the law is being applied uniformly to everyone (equal Protection). If not, vote acquittal.

4) If the government has acted Constitutionally thus far, consider the truthfulness of the evidence and those that present it and vote your conscience.

To accomplish this it is necessary to be an informed Juror.

81 posted on 04/12/2012 10:22:00 AM PDT by Navy Patriot (Join the Democrats, it's not Fascism when WE do it and the law is what WE say it is.)
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To: Navy Patriot
That is the job of the mob.

However, sometimes the government bows to the will of the mob.

82 posted on 04/12/2012 10:27:35 AM PDT by Sherman Logan
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To: Sherman Logan
However, sometimes the government bows to the will of the mob.

Absolutely, and a lot more often than "sometimes", however when the government joins the mob, any jury's action is against government as I specified. The Jury nullifies government tyranny no matter what type of trickery is used to engineer the tyranny.

83 posted on 04/12/2012 10:37:48 AM PDT by Navy Patriot (Join the Democrats, it's not Fascism when WE do it and the law is what WE say it is.)
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To: spacejunkie2001

Zimmerman’s hearing live on Fox right now.


84 posted on 04/12/2012 10:42:07 AM PDT by exit82 (Democrats are the enemies of freedom. Be Andrew Breitbart.)
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To: Navy Patriot

Unless the jury is part of the mob. The jury is, after all, drawn from the same pool as those who keep electing the officials you want them to discipline thru jury nullification.

It is well-known that juries skew towards the less intelligent and less educated. Juries are, after all, composed of those who aren’t smart or connected enough to get out of jury duty.


85 posted on 04/12/2012 10:56:03 AM PDT by Sherman Logan
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To: Sherman Logan
Unless the jury is part of the mob.

If the jury is part of the mob, and the government is part of the mob, then if the jury convicts (agreeing with the mob and government) it will NOT be nullification, it will be railroading or lynching.

86 posted on 04/12/2012 11:06:23 AM PDT by Navy Patriot (Join the Democrats, it's not Fascism when WE do it and the law is what WE say it is.)
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To: Mustangman
Your opinion is noted and rejected.

One indisputable fact is that a person is dead as a result of contact instigated by Zimmerman. This alone is troubling and should have lead to Zimmerman’s arrest the night of the killing.

This is BS, pure and simple. Your indisputable fact is nothing of the sort. The way I and many others see it, the "Contact" was initiated by the deceased which led to the fatal shooting.

Perhaps more facts will surface as this continues, but your characterization of Mr. Zimmerman as over zealous belies your biased opinion, IMO.
87 posted on 04/12/2012 11:21:56 AM PDT by Pox (Good Night. I expect more respect tomorrow.)
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To: Mustangman
One indisputable fact is that a person is dead as a result of contact instigated by Zimmerman. This alone is troubling and should have lead to Zimmerman’s arrest the night of the killing.

He was taken to jail in handcuffs. I'd call that being arrested.

88 posted on 04/12/2012 11:54:35 AM PDT by Bubba_Leroy (The Obamanation Continues)
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To: Mustangman
One indisputable fact is that a person is dead as a result of contact instigated by Zimmerman.

You are full of sh**. You call for waiting for the facts and then lie about one of the few facts that are known. Zimmerman did NOT instigate contact. TM did by following Z and attacking him. This is corroborated by witnesses. Save your trolling for DU please we don't need concern trolls on FR, nor do we tolerate them.

89 posted on 04/12/2012 12:11:25 PM PDT by calex59
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To: Ratman83

Ratman83, I agree that we do not know who instigated the violent confrontation...which is why the Atorney General should have arrested Zimmerman on the ight of the killing until it got sorted out. Still, it is very clear who instigated the initial contact...and that was Zimmerman. He was following Trayvon. Had he not done that, none of this would have happened.


90 posted on 04/12/2012 12:44:57 PM PDT by Mustangman (The GOP)
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To: Sherman Logan

Fair enough point. Still, Zimmerman got the ball rolling by following Trayvon. This is the contact that I am speaking of...and Zimmerman really should leave that sort of thing to police officers.


91 posted on 04/12/2012 12:48:06 PM PDT by Mustangman (The GOP)
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92 posted on 04/12/2012 12:48:27 PM PDT by TheOldLady (FReepmail me to get ON or OFF the ZOT LIGHTNING ping list)
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To: Mustangman

You are looney.


93 posted on 04/12/2012 12:51:01 PM PDT by ZX12R (FUBO GTFO 2012 !)
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To: agere_contra

Zimmerman followed Trayvon. This is not in dispute. The 911 operator suggested he stop following Trayvon. It is unclear whether he took this advice. Still, as he sits in his jail cell, he must now realize why the operator told him not to follow. He got himself in over his head because he was an amateur.

That other stuff about ellipses and potentially being a serial killer.....what the hell is that all about? You must really feel your arguments are weak if you have to stoop to that stuff.


94 posted on 04/12/2012 12:54:26 PM PDT by Mustangman (The GOP)
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To: Mustangman

I don’t disagree. However, much depends on the distance he was following him at, etc.


95 posted on 04/12/2012 12:59:27 PM PDT by Sherman Logan
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To: calex59

Boy, I fired you up, didn’t I. You must have already made your mind up which makes you every bit as bad as Al Sharpton and the other race baters.

Look, I already said it is unclear who committed the illegal act that lead to the killing. Still, it is very clear that Zimmerman got the entire mess rolling by following Trayvon Martin...which was what innitiated the contact of these two strangers. This is not some huge controversial revelation, is it? Following people should be left to professional police officers....not some gung-ho Deputy Dog....so messes like this don’t occur.

Again, I agree we don’t know who was defending himself from whom at the the critical moment of the killing...Trayvon or Zimmerman. This will be worked out in a court of law.


96 posted on 04/12/2012 1:04:04 PM PDT by Mustangman (The GOP)
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To: Mustangman
Following and observing is what the watch does, it is not illegal. Still, it is very clear who instigated the initial contact...and that was Zimmerman. No it is not clear you are assuming that Z did.

Had he not done that, none of this would have happened. Well if Trayvon had not gone for a walk, if the police had immediately shown up, if if if. All BS.

97 posted on 04/12/2012 1:20:05 PM PDT by Ratman83
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To: Mustangman

Actually you said that Zimmerman “confronted” TM. This is untrue and, yes, I get fired up when someone repeats, or makes up, BS about something he knows nothing about. The fact is witnesses have confirmed that TM attacked Zimmerman and was actually the one who initiated contact. Case closed. Zimmerman is innocent by reason of self defense but I expect he will be convicted for the expediency of the Bozo administration.


98 posted on 04/12/2012 1:29:18 PM PDT by calex59
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To: Ratman83

Yea, i’m on vacation and had just got up. Just typed the wrong name... i guess you can’t make a mistake around yere anymore;)


99 posted on 04/12/2012 2:14:53 PM PDT by MichaelP (The ultimate result of shielding men from the effects of folly is to fill the world with fools ~HS)
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To: JimRed
Not likely; last I heard a Spanish company with ties to George Soros has been retained to count the votes.

Read that as well; and still hold that we are 'damned' if Repubs are not in charge. Which is to say. . .we may well be; but point of power; STILL, in the Present. . . (And just where is 'Opposition' per this vote-counting MO?) This MO - along with so many more, brought to us, by way of Obama,Inc. can only have one ask; again; 'who died' and made Obama, King? -

Look; we cannot give up hope; the point of power IS in the present; albeit that 'present' getting shorter. No Repub should imagine the luxury of a vanity vote per 2012 Election i.e. any vote that is not worth counting. NO Republican should have a hand on this frog being cooked. .

. No Repubs should fail this Election!

100 posted on 04/12/2012 8:03:50 PM PDT by cricket (. It is more than the economy. . .and Newt knows it.)
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