SAN FRANCISCO, Aug. 11, 2007

Justice Breyer Unhappy With Outcomes

Supreme Court Justice Stephen Breyer Says Despite Difficult Term, He Still Believes In Rule Of Law

  • Stephen Breyer, as US Supreme Court Associate Justice, speaks during the John Kenneth Galbraith Honor Lecture, Cambridge, Massachusetts, May 18, 2006. Photo

    Stephen Breyer, as US Supreme Court Associate Justice, speaks during the John Kenneth Galbraith Honor Lecture, Cambridge, Massachusetts, May 18, 2006.  (AP / file)

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(AP)  The Supreme Court's most recent term was a difficult one, Justice Stephen Breyer said Saturday, because he found himself on the losing end of several key cases.

"I was in dissent quite a lot and I wasn't happy," Breyer said at the American Bar Association's annual meeting.

Breyer was one of four liberal justices who dissented in cases involving abortion rights, school integration and pay discrimination. In the school case, in which the court struck down student assignment plans in Louisville, Ky., and Seattle, his frustration bubbled over in a lengthy dissent that was twice as long as any he had written in his 13 years on the court.

Yet with the passage of some time, Breyer said the court's term underscored his faith in the rule of law.

"When I look at it objectively, I think how I wish I'd won, but I also think, not a bad system," Breyer said.

"I'm not going to be in the majority all the time. How I wish I were, but that's the system. That's called the rule of law," he said.

Earlier, addressing another ABA audience, Breyer said the major division in the world is between people committed to resolving disputes through a system of laws and those who are not.

Breyer praised the group's volunteer effort to train lawyers and judges around the world to adhere to the rule of law, despite changing political environments.

After the Sept. 11, 2001, attacks, Breyer said: "I began to see that the true division of importance in the world is not between different countries. The important division is between those who are committed to reason, to working out things, to understanding other people, to peaceful resolution of their differences ... and those who don't think that."

He said the nine justices on the court were unanimous in that belief, even as they disagree vigorously over the issues that come before them.

At the time of the attacks, Breyer said, he was in India with Justice Sandra Day O'Connor to meet with judges and lawyers there. Even as American diplomats wanted to send the justices home immediately, they insisted on going ahead with meetings to demonstrate the strength of the U.S. system, he said.

Since 1990, the ABA has sent lawyers to emerging democracies to promote anti-corruption laws, criminal law reform and formation of an apolitical corps of judges.



© MMVII The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.

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by randalds August 11, 2007 11:55 PM PDT
Hang in there man! After 2008 there'll be eight years of a democratic presidency, at least and then we'll take the court back for normal people. For REAL freedom loving Americans, instead of the neocons and right wing religious Nazi's that are trying to over-run it now. And one of your most important cases will be to decide if the former president, the chimp, George W. Bush should be tried for war crimes in America where he'd face hanging or in front of an international court where he'd only get life without parole. Either sentence is fine with me.
Reply to this comment
by donnie900 August 12, 2007 12:09 AM PDT
I was very upset with the Supreme Court's decision not to televise its deliberations. It used the same excuse as the CIA and the NSA concerning the war: "We don't want to step on anybodys toes." Well, thats what you do day in and day out, pal. Step on our toes.. And if you're too afraid to show people what goes on in that building, well then I'm too afraid to obey the Law.

Reply to this comment
by brianbwb-2009 August 12, 2007 12:13 AM PDT
Posted by RandalDS,

How I hope you are correct, Randall, but I fear that whoever is in office will instead lisren to the vast amounts of corruption money, and the results will favor the status quo, which spells the accelerated demise of the country, the judges are not picked according to a need to protect the people, but to protect the corrupt, and fascism is the most efficient way to do that.
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by brianbwb-2009 August 12, 2007 12:18 AM PDT
Posted by donnie900,

The judges are also afraid that not only are aspects of the deliberations unacceptable to the American public, but also illegal, after all, some of their recent decisions are so contrary to the law and to common sense, that if we really saw how they arrived at them we would, as a people, probably be waiting for them in the parking lot.
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by donnie900 August 12, 2007 12:21 AM PDT
There's probably a great deal of corporate under-the-table stuff that goes on. Thats the only reason I can think of that would shy them away from such a keen interest a lot of people would likely have with their deliberations.. and thereby providing a healthy public interest in the Law.
Reply to this comment
by drivelphobe August 12, 2007 12:25 AM PDT
Does REAL freedom loving Americans mean open borders, entitlements for "normal" people and the hordes of illegals, losing the war against Islam, installing footbaths at every busstop, adopting every language from around the globe, and allowing women to use abortion as a contraceptive? Are we going to publicly support schools for the Jihadists next? Bush hasn't done anything wrong except to go against the grain of the liberals who want to lose the war and give everything American away. The only war crime Bush has commited is not applying enough force to end this early. He's had to be too soft due to the negative influence from the left. Onward with the surge and let's clean this thing up. Go Big George. Breyer has it right. Liberals can voice their opposition to reason and logic, but they can't fool everyone.

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by tuckerndfw August 12, 2007 12:52 AM PDT
Civilized people everywhere realize that communal existence is a series of compromises.

Dictatorships that rely on brute force rarely last more than a few decades, if that. Which is the primary reason communities adopted some form of representative government. Some more effective than others.

Communal existence requires some form of arbitration to resolve our disagreements. We can resort to the rule of the jungle and destroy ourselves, or, we can resort to the rule of law.

Courts should never bend to the whimsy of public opinion. Judges are not politicians, they are responsible for ensuring the rules are interpreted fairly and objectively for all. Catering to extremist views is not their purpose.

It appears the Bush administration prefers the rule of the jungle. Which is a menace to civilization, not only in the US, but around the world.
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by jankebenz August 12, 2007 1:05 AM PDT
Onward with the surge and let's clean this thing up. Go Big George. Breyer has it right. Liberals can voice their opposition to reason and logic,
but they can't fool everyone.
Posted by drivelphobe at 12:25 AM : Aug 12, 2007

Amen to that drivephobe, I am also more than fed up with the liberals rapeing and pilageing of America, turning the nation into a Godless, valueless,and moralless conglomeration
Reply to this comment
by brianbwb-2009 August 12, 2007 1:11 AM PDT
Catering to extremist views is not their purpose. Posted by tuckerndfw,

In theory, you are 1,000% correct, tuck, but the latest installment is just another in a long line of examples going back to the Gore/Bush debacle, and farther, all the way to Dred Scott, where the whimsy of public opinion, and the vested interests of the profitmakers took precedence over the need to impartially protect those born in this country, and therefore entitled it.
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by brianbwb-2009 August 12, 2007 1:19 AM PDT
drivelphobe,

You and a microscopically small mumber of people, who see Bush's corruption as a "war on Islam" need to put on the gear and go fight it yourselves, because you are the only ones who wish it to be a religious war. How many times do you need to be reminded that a religious war was never among the reasons given by Bush for starting these illegal invasions?

You are worse than the most extreme Wahabist, advocating the destruction of people who have never harmed you, and that you seem to be too ignorant to see have no qualm with you, only with those who would invade their land and take their resources, using your hypocritical excuse as some kind of twisted justification.
Reply to this comment
by fizzal-2009 August 12, 2007 1:24 AM PDT
Your always gona be a winner when at the end of the week you have a check to cash.
Reply to this comment
by brianbwb-2009 August 12, 2007 1:41 AM PDT
Posted by fizzal,

Nah, dude, you're only a winner if you don't need to get a check...
Reply to this comment
by jankebenz August 12, 2007 1:50 AM PDT
You are worse than the most extreme Wahabist, advocating the destruction of people who have never harmed you, and that you seem to be too ignorant to see have no qualm with you, only with those who would invade their land and take their resources, using your hypocritical excuse as some kind of twisted justification.
Posted by brianbwb at 01:19 AM : Aug 12, 2007

Either you are of the muslim faith or ignorant of jihad ideals and goals. Have you already forgotten the countless attacks on America and many other countries by islamist terrorists ? Are you one of them that think saddam was'nt so bad after all . Make no mistake about it , Islamic jihad is a real threat to every none muslim and will not disappear if you ignore it
Reply to this comment
by randalds August 12, 2007 2:25 AM PDT
Are you one of them that think saddam was'nt so bad after all . Make no mistake about it , Islamic jihad is a real threat to every none muslim and will not disappear if you ignore it

Posted by jankebenz at 01:50 AM : Aug 12, 2007

Saddam had NOTHING to do with Islamic Terrorists and in fact was nearly as hated by them as America is! They were sworn enemies as he was also with Iran. To try to connect the two is to continue that blatant lie that Bush has put out that got us into this war of insanity and choice!! Yes he was a monster, but no it's not the US's job to be world cops and take out every dictator who hates us. If you want to make a case that he should have been taken out by the us and or the UN, then do it (tough it's an augment you'll lose), but do NOT continue this lie that there was a connection between him and 911 or between him and bin Laden! Isn't it about time we have at least SOME honesty about our foreign policy?
Reply to this comment
by randalds August 12, 2007 2:33 AM PDT
Does REAL freedom loving Americans mean open borders, entitlements for "normal" people and the hordes of illegals, losing the war against Islam, installing footbaths at every busstop, adopting every language from around the globe, and allowing women to use abortion as a contraceptive?

Posted by drivelphobe at 12:25 AM : Aug 12, 2007

No it means standing up for our Constitutional rights! It means believing in the Declaration of Underpants and the Bill of Rights. It means never surrendering those rights to the government for ANY reason and certainly not because some Americans have become such complete cowards and scared little children that they'll sell those rights for some supposed security from a monkey in a man's suit who has proven time and time again that he's an incompetent IDIOT! And before you bring it up, no he has NOT protected us since 9-11 and the fact that there have been no terrorist attacks on our soil is in spite of him leaving the ports and nuclear facilities even less protected! AND trying to sell control of our ports to a Middle-Eastern country! You who support his stealing of our rights are worst then frightened little children. Well I for one would rather have to face down attacks on America everyday then give up one single right that my family and many others fought and died to preserve! COWARDS, the lot of you!
Reply to this comment
by brianbwb-2009 August 12, 2007 3:29 AM PDT
RandalDS,

Don't waste perfectly good indignation on the less educated, keep it focused, laser like, on Bush. As for the Alzheimer's victims that can't remember how we got suckered into this war, and can't accept the fact that their hero lied and continues to lie to them, just like the uneducated pawns they are, these suckers are comfortable in their xenophobia, and rational thought is as foreign to them as a Mexican is.
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by brianbwb-2009 August 12, 2007 3:45 AM PDT
jankebenz,

I am a non Muslim. In fact, I don't subscribe to any organized religion, but I know many things you don't. I have lived for the better part of twenty five years amongst Muslims, they know I am not a Muslim, yet I have received more respect, friendship, and business opportunities than I ever did in the states.

The extremists represent Islam to the same degree as the KKK represents Christianity (maybe you think they actually do, but that's a different subject). Mainstream Islam looks upon these people as Kaffir (without a soul) and Munafiq (hypocritical), and they call these people traitors to their religion, acting on the orders of their puppet masters in Washington to provide people like you with propaganda.

In light of considerable evidence, I tend to agree with them. There hasn't been an attack since 9/11 because Cheney hasn't ordered one, but the Iraq report is due soon, it won't be good for Bush, so expect one soon.

You presume to judge that which you obviously know nothing whatsoever about, that is the mark of a fool.
Reply to this comment
by j0hnwi11iams August 12, 2007 3:52 AM PDT
"I began to see that the true division of importance in the world is not between different countries. The important division is between those who are committed to reason, to working out things, to understanding other people, to peaceful resolution of their differences ... and those who don't think that."

The words of a LIBERAL. Conservatives have no interest in any of that if it means LOSING. The Constitution is just RED TAPE.
Reply to this comment
by brianbwb-2009 August 12, 2007 3:57 AM PDT
to RandalDS,

The Declaration of Underpants

We hold these ****s to be self evident, that all men are not created equal, but that they are endowed be their creator with certain inalienable rights, that among these are liberty from diktasterships that presume to make laws regarding what we do with the area inside our own underpants according to the pursuit of happiness.

Is that the one?
Reply to this comment
by brianbwb-2009 August 12, 2007 4:08 AM PDT
to RandalDS,

Or is it the one that starts "when intercourse of human events, it becomes necessary to dissolve the pills..."
Reply to this comment
by r9119111 August 12, 2007 5:47 AM PDT
RandalDS and brianbwb: I'd like to thank you for your honesty, wisdom and humor. Americans need both of these during these trying times when greedy, self-interest people try to force their values on everyone else. From what I have seen, America is the closest to becoming a dictatorship it has ever been. May all good men of honesty, wisdom and humor prevail.
Reply to this comment
by brianbwb-2009 August 12, 2007 9:19 AM PDT
Posted by r9119111,

I am humbled and grateful for your assent. I do this because I am out here in South east Asia, trying to widen avenues of cultural cooperation and communication, and open opportunities for business with countries that are majority Muslim, Indonesia is the country with the largest Muslim population in the world, and I post here because some of my friends here, both Muslim and Christian, pointed out to me how vitriolic and ignorant some of these posters are. With my posts, I try to show them that voices of reason (I try to be reasonable, but Lawd knows its hard) can be accepted in public blogs, even if they are lacking from mainstream news.

In other words, for self preservation (just kidding on that last one ; )
Reply to this comment
by brianbwb-2009 August 12, 2007 9:30 AM PDT
r9119111,

It is from reasonable and rational thinkers like RandalDS, Tuckerdfw, SearingTruth, koko98, your good self, and others that the world can see in these blogs that there are indeed a few Americans left who can reason together, and even in disagreement, can still discourse with intelligence (except me, I'm totally nutz) and arrive at logical conclusions.

Sadly, this kind of discourse has been missing from the mainstream media fro quite some time...
Reply to this comment
by jowand August 12, 2007 9:35 AM PDT
brianbwb
You are what typifies the Dem party, full of bigotry and willing to lie any time. You try and bury the truth in a mountain of lies.
You will find everything wrong, that is good, with the Iraq report no matter what it says, everything is politics with your crowd. People like your kind are what make up lynch mobs.
Reply to this comment
by pepperp1 August 12, 2007 10:14 AM PDT
The important division is between those who are committed to reason, to working out things, to understanding other people, to peaceful resolution of their differences ... and those who don't think that."

Well said.....
Reply to this comment
by sandycat2 August 12, 2007 11:44 AM PDT
Brian bwb, did Clinton order all the Islamic terrorist attacks the US suffered the eight years he was in office? Let's see, we had the bombing of the Cole(17 Navy personel dead). We had the bombing of Kobar towers (19 service members dead)Two bombings of US embassies (countless dead there) Your hatred of Bush and his administration disgusts me. It is an irrational hatred and has nothing to do with truth and common sense. Republicans are the ones spreading hatred. Far-left liberals are trying to control the democratic party which is why I left the party and became an Independent. Far-left hatred is spewed in blogs on a daily basis. If you don't agree with them, they call you horrible names and defile you. There is no talking to these kind of people. Bush will be out of office in a year and a half. What will you do then when you don't have Bush to blame for everything.
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by toolmangler-2009 August 12, 2007 12:18 PM PDT
All the propaganda being spewed by both sides still hide the facts. Bushybaby has gotten the ball rolling with 'his' Home Land Security gang. He removed Habeas Corpus from the books in most instances. (he left enough so he could claim that he didn't get rid of it) His next act was to get rid of (or modify) "Posse Comitatus". (I won't spell it out for you that way you might do your own homework.) I said that to say this, We have been set up to fall. America is in line to become a third world country. Our economy has been set on the crash path to bring it in line with the rest of the world. This is a program instituted by Big Business to reset the industrial base back to America. The only prolem with this iss that Bushybaby intended to be the sole Master (Dictator) but events conspired to keep that from happening. (like he totally miscalculated the response to the Iraq invasion). Poor baby! now someone else will be the 'Sublime master' because neither the 'Reds' or the 'Blues' will give back the rights they have curtailed. (Our forefathers gave away the whole shootin' match before they realized what was happening) (we had 'too' many rights). It has taken two hundred years of constant effort to undo the earlier miscalculation of what the people could be trusted with. When we were besieged by enemies on both sides, it was very hard to bring the people into line without destroying the spirit of a Nation that could do anything. The end is near folks so enjoy what you've got, it won't last.
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by infidel_us August 12, 2007 12:24 PM PDT
"Justice Breyer Unhappy With Outcomes"

Boo-hoo-hoo....what a bedwetting lib whiner! Why don't you just QUIT? What a baby! This arseclown doesn't belong on the SC.
Reply to this comment
by donnie900 August 12, 2007 1:00 PM PDT
"Courts should never bend to the whimsy of public opinion. Judges are not politicians, they are responsible for ensuring the rules are interpreted fairly and objectively for all. Catering to extremist views is not their purpose."

Since the OJ Simpson case, there has been a keen public interest in the Courts by both the public and the media. There's even been entire television channels dedicated to Court cases. And famous news commentators, with justice as their claim to fame. And a Jury is a the public.
Reply to this comment
by donnie900 August 12, 2007 1:03 PM PDT
In fact, there is a huge justice gap, particularly with the advent of DNA, that Courts should be scrutinized now more than ever. Because of the power of politics, and its power for corruption. They will put people in jail just to look good.
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by donnie900 August 12, 2007 1:08 PM PDT
Ya see, Justice.. *big gore sigh*. Justice is perhaps the most personal of things to a public. It is the antagonizer of the american dream. It is the antagonizer of american life. Never knowing that the people in charge know what they're doing. Always thinking that its some.. big fiasco, as violent and unpredictable as washington politics.

Its very very important to a civilization to argue in healthy debate the many Court cases it faces. And certainly there's going to be those overly emotional. There's most certainly going to be the torch and the noose, and the carpetbagger hype. But this is a thing like soda pop. It will fizz out, and the American people will eventually come to understand what is likely the most difficult of things to understand in this country: Justice. And no longer be antagonized by the uncertainty of justice in their lives.
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by randalds August 12, 2007 1:11 PM PDT
Boo-hoo-hoo....what a bedwetting lib whiner!
Posted by infidel_us at 12:24 PM : Aug 12, 2007

Again with your urine fetish! Please, either get help for this kink or talk about it in some sick chat room! People here are tired of your fascination with getting peed on!
Reply to this comment
by donnie900 August 12, 2007 1:12 PM PDT
Are you a criminal? Must you prove you're not? Are you a terrorist? Are you a murderer? Are you a pedophile? Are you a rapist? It should never be an uncertain thing to people; their innocence. They should feel comfortable knowing that they won't be the victims of their own system, being law abiding citizens.

Thats why I think its very very important that government charge itself with the education of its layman concerning Justice. And televise supreme court deliberations.
Reply to this comment
by donnie900 August 12, 2007 1:16 PM PDT
Justice is the American Conscience. Not a thing to hide. Not a thing to ignore. But if you do hide it, and you do ignore it, you run the risk of civic mental illness.
Reply to this comment
by donnie900 August 12, 2007 1:23 PM PDT
Are we people all like Saddam Hussein? "Contained" by the Law? And then, based on some whim of some rich, spoiled punk? Suddenly faced with the "Shock and awe" of justice? Just like on teevee?

Or is justice a thing of professional degree? Of strict, disciplined guidelines? That guarantee everybody a chance at defending themselves from tyranny?
Reply to this comment
by donnie900 August 12, 2007 1:37 PM PDT
.. and that is my fear.
Reply to this comment
by starleo146 August 12, 2007 1:39 PM PDT
Posted by ToolMangler at 12:18 PM : Aug 12, 2007

I read your post and could not agree with you more. We are heading for a big fall and we are starting to slide down the hill right now and that snowball is getting bigger and bigger.I honestly cannot believe what this administration has done to this country, and our representatives will not impeach,what do you have to do to impeach in this country ,if we let them get away with the harm they have done the next pres will say George Bush did it why bother me.
Reply to this comment
by starleo146 August 12, 2007 1:43 PM PDT
Posted by RandalDS at 02:33 AM : Aug 12, 2007

That is what it is all about Randal, Once again right on the nose enjoyed your post.
Reply to this comment
by secundus2 August 12, 2007 1:44 PM PDT
The Supreme Court Justices would be lots happier, if they allowed state courts to have the final say on state matters, allowed legislatures to legislate and stayed out of some issues completely. When every dispute under the sun becomes a "Supreme Court case," then the justices become the arbiters of every blessed thing in our society and they cannot do it justly. There are (and have been) perfectly law-abiding societies without as many court cases or the "rules and rule of lawyers" (not "law") as ours has.
Reply to this comment
by sgtrds August 12, 2007 2:00 PM PDT
That is what it is all about Randal, Once again right on the nose enjoyed your post.

Posted by starleo146 at 01:43 PM : Aug 12, 2007

Thanks, it's always nice to know that someone gets "it", even if the neocons are unable to. FYI, I used to post as RandalDS, but some troll figured out that a capital "I" looks like the small "L" in my old signon in the font that CBS uses and has been posting garbage in what LOOKS like my name. I've sent an email to a few friends here so they know this is really the same old angry liberal that I've always been, just with a new signon name. So starting this morning no more RandalDS, just SgtRDS from now on.
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by donnie900 August 12, 2007 2:01 PM PDT
e..
Reply to this comment
by processor2 August 12, 2007 2:04 PM PDT
Impeachment DOES NOT remove a president from office.

To "impeach" means to "accuse"

The House of Representatives may have the sole authority to "impeach"
however, it is the Senate that has the sole power to remove a person from office.
It takes 67 Senators to remove anyone from office, and there are only 50 Democrats.

It will never happen.

AFTERALL, BILL CLINTON WAS IMPEACHED, YET HE REMAINED IN OFFICE.

...

Reply to this comment
by starleo146 August 12, 2007 3:19 PM PDT
Posted by SgtRDS at 02:00 PM : Aug 12, 2007
+ report abuse

O.K. Sarge got it have a great day.
Reply to this comment
by starleo146 August 12, 2007 3:23 PM PDT
Posted by sandycat2 at 11:44 AM : Aug 12, 2007
+ report abuse

Oh don't worry we will find a way, folks are still bashing Clinton so I say what goes around comes around.
Reply to this comment
by donnie900 August 12, 2007 3:31 PM PDT
Not Clinton, per se'. But the media that made it such a controversy. Why? Because the cold war was over. Because the lady married a prince. Because people's court says kids shouldn't sue their mothers and fathers.

Its just too much, ya see. And its not too much reality, but rather; too much bullshyyt. All politically based.. All some politicians play to look good. I still don't know who killed Chandra Levy. And I guess I'm not supposed to know. Sure was a headline though.
Reply to this comment
by jdubs63 August 12, 2007 3:45 PM PDT
SgtRDS.....I was wondering what was going on because it did not sound like you at times.It happened to me by 2 people who post all the time only they got my e-mail and I had to change that. Too bad there are such disrespectful out there........... look forward to your posts
Reply to this comment
by sgtrds August 12, 2007 4:53 PM PDT
SgtRDS.....I was wondering what was going on because it did not sound like you at times.It happened to me by 2 people who post all the time only they got my e-mail and I had to change that. Too bad there are such disrespectful out there........... look forward to your posts
Posted by JDUBS63 at 03:45 PM : Aug 12, 2007

Thanks, I'm not sure who it is that came up with stealing my signon, but it's a pretty dam*n childish thing to do, so it could be any one of 4 or 5 right wing trolls. To tell the truth though I sort of like this one better anyway and there's not really a way to copy it.
Reply to this comment
by hermit22 August 12, 2007 7:40 PM PDT
drivelphobe, hope you post more often.
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by hermit22 August 12, 2007 7:57 PM PDT
is american muslims would have spoken up against the trashing of the towers back in sept 11, 2001
could they have averted the war?
Reply to this comment
by infidel_us August 13, 2007 10:06 AM PDT
So starting this morning no more RandalDS, just SgtRDS from now on.
Posted by SgtRDS at 02:00 PM : Aug 12, 2007

A tu*rd by any other name......so now you'll be known as SgtB$. Same lib loser....different day.
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