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Feinstein Speaks out on U.S. Atty Firings

As Justin mentioned in his previous post, Sen. Dianne Feinstein (D-CA) hit the administration hard on the floor of the Senate this morning for its unexplained "forced resignations" of federal prosecutors around the country.

Here's the video:

We hope to have a transcript of her remarks soon.

Update: We've pasted Sen. Feinstein's remarks below.

Here they are in full:

Mr. President, I have introduced an amendment on this bill which has to do with the appointment of U.S. Attorneys. This is also the subject of the Judiciary Committee's jurisdiction, and since the Attorney General himself will be before that committee on Thursday, and I will be asking him some questions, I speak today in morning business on what I know so much about this situation.

Recently, it came to my attention that the Department of Justice has asked several U.S. Attorneys from around the country to resign their positions -- some by the end of this month -- prior to the end of their terms not based on any allegation of misconduct. In other words, they are forced resignations.

I have also heard that the Attorney General plans to appoint interim replacements and potentially avoid Senate confirmation by leaving an interim U.S. Attorney in place for the remainder of the Bush administration.

How does this happen? The Department sought and essentially was given new authority under a little known provision in the PATRIOT Act Reauthorization to appoint interim appointments who are not subject to Senate confirmation and who could remain in place for the remainder of the Bush administration.

To date, I know of at least seven U.S. Attorneys forced to resign without cause, without any allegations of misconduct. These include two from my home State, San Diego and San Francisco, as well as U.S. Attorneys from New Mexico, Nevada, Arkansas, Texas, Washington and Arizona.

In California, press reports indicate that Carol Lam, U.S. Attorney for San Diego, has been asked to leave her position, as has Kevin Ryan of San Francisco. The public response has been shock. Peter Nunez, who served as the San Diego U.S. Attorney from 1982 to 1988, has said, ‘This is like nothing I've ever seen in my 35-plus years.’

He went on to say that while the President has the authority to fire a U.S. Attorney for any reason, it is ‘extremely rare’ unless there is an allegation of misconduct.

To my knowledge, there are no allegations of misconduct having to do with Carol Lam. She is a distinguished former judge. Rather, the only explanation I have seen are concerns that were expressed about prioritizing public corruption cases over smuggling and gun cases.

The most well-known case involves a U.S. Attorney in Arkansas. Senators Pryor and Lincoln have raised significant concerns about how "Bud" Cummins was asked to resign and in his place the administration appointed their top lawyer in charge of political opposition research, Tim Griffin. I have been told Mr. Griffin is quite young, 37, and Senators Pryor and Lincoln have expressed concerns about press reports that have indicated Mr. Griffin has been a political operative for the RNC.

While the administration has confirmed that 5 to 10 U.S. Attorneys have been asked to leave, I have not been given specific details about why these individuals were asked to leave. Around the country, though, U.S. Attorneys are bringing many of the most important and complex cases being prosecuted. They are responsible for taking the lead on public corruption cases and many of the antiterrorist efforts in the country. As a matter of fact, we just had the head of the FBI, Bob Mueller, come before the Judiciary Committee at our oversight hearing and tell us how they have dropped the priority of violent crime prosecution and, instead, are taking up public corruption cases; ergo, it only follows that the U.S. Attorneys would be prosecuting public corruption cases.

As a matter of fact, the rumor has it -- and this is only rumor -- that U.S. Attorney Lam, who carried out the prosecution of the Duke Cunningham case, has other cases pending whereby, rumor has it, Members of Congress have been subpoenaed. I have also been told that this interrupts the flow of the prosecution of these cases, to have the present U.S. attorney be forced to resign by the end of this month.

Now, U.S. Attorneys play a vital role in combating traditional crimes such as narcotics trafficking, bank robbery, guns, violence, environmental crimes, civil rights, and fraud, as well as taking the lead on prosecuting computer hacking, Internet fraud, and intellectual property theft, accounting and securities fraud, and computer chip theft.

How did all of this happen? This is an interesting story. Apparently, when Congress reauthorized the PATRIOT Act last year, a provision was included that modified the statute that determines how long interim appointments are made. The PATRIOT Act Reauthorization changed the law to allow interim appointments to serve indefinitely rather than for a limited 120 days. Prior to the PATRIOT Act Reauthorization and the 1986 law, when a vacancy arose, the court nominated an interim U.S. Attorney until the Senate confirmed a Presidential nominee. The PATRIOT Act Reauthorization in 2006 removed the 120-day limit on that appointment, so now the Attorney General can nominate someone who goes in without any confirmation hearing by this Senate and serve as U.S. Attorney for the remainder of the President's term in office. This is a way, simply stated, of avoiding a Senate confirmation of a U.S. Attorney.

The rationale to give the authority to the court has been that since district court judges are also subject to Senate confirmation and are not political positions, there is greater likelihood that their choice of who should serve as an interim U.S. Attorney would be chosen based on merit and not manipulated for political reasons. To me, this makes good sense.

Finally, by having the district court make the appointments, and not the Attorney General, the process provides an incentive for the administration to move quickly to appoint a replacement and to work in cooperation with the Senate to get the best qualified candidate confirmed.

I strongly believe we should return this power to district courts to appoint interim U.S. Attorneys. That is why last week, Senator Leahy, the incoming Chairman of the Judiciary Committee, the Senator from Arkansas, Senator Pryor, and I filed a bill that would do just that. Our bill simply restores the statute to what it once was and gives the authority to appoint interim U.S. Attorneys back to the district court where the vacancy arises.

I could press this issue on this bill. However, I do not want to do so because I have been saying I want to keep this bill as clean as possible, that it is restricted to the items that are the purpose of the bill, not elections or any other such things. I ought to stick to my own statement.

Clearly, the President has the authority to choose who he wants working in his administration and to choose who should replace an individual when there is a vacancy. But the U.S. Attorneys’ job is too important for there to be unnecessary disruptions, or, worse, any appearance of undue influence. At a time when we are talking about toughening the consequences for public corruption, we should change the law to ensure that our top prosecutors who are taking on these cases are free from interference or the appearance of impropriety. This is an important change to the law. Again, I will question the Attorney General Thursday about it when he is before the Judiciary Committee for an oversight hearing.

I am particularly concerned because of the inference in all of this that is drawn to manipulation in the lineup of cases to be prosecuted by a U.S. Attorney. In the San Diego case, at the very least, we have people from the FBI indicating that Carol Lam has not only been a straight shooter but a very good prosecutor. Therefore, it is surprising to me to see that she would be, in effect, forced out, without cause. This would go for any other U.S. Attorney among the seven who are on that list.

We have something we need to look into, that we need to exercise our oversight on, and I believe very strongly we should change the law back to where a Federal judge makes this appointment on an interim basis subject to regular order, whereby the President nominates and the Senate confirms a replacement.


90 Comments

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Bush is firing attorneys without cause? And some of them are investigating Republicans for corruption?
And he's using a loophole in the Patriot Act that allows him to appoint loyal Republicans who won't investigate him?

This government is the most corrupt in the history of the nation.

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I remember seeing Whitney North Seymour, former US Attorney in the Southern District of New York, give a speech in 1973-74 in which he was almost in tears about the Watergate revelations of corruption in the Justice Department. The view that the Department should not get entwined with party politics had been honored by presidents and by US Attorneys until then. And that view was reinstated after Nixon's resignation.

This is another case in which Bush is exceeding even the excesses of Watergate. The Democrats should immediately pass a bill limiting the terms of these guys to 45 days and should make a political point out of the politicization of the Justice Department.

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corrupt is too kind a word. treasonous is more appropriate.

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Well, then, Dianne, my dear, why on God's green earth did you vote for the g-d Patriot Act Reauthorization last year???

http://action.aclu.org/site/VoteCenter?page=voteInfo&voteId=4827&lcmd=next&lcmd_cf=

Do you intend to remedy each and every godforsaken provision one at a time as they strip away your power? That's one way to earn a paycheck.

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Congress needs to review the Patriot Act, split it up, and vote on each section as an independent piece of legislation.

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Dear Sen. Feinstein:

Please keep digging, despite the feces hurled at you by the wingnutosphere and the talk radio hate machine.

Dear Sen. Biden:

Please add this de-Legalization process to your list of Judiciary Committee inquiries.

Dear all Liberty-loving Congress Persons:

Please hold this treasonous, and rotten administration to account for its humiliation of, and contempt for the rule of law. What do we have left when the buffoons running with a stake in the outcome of investigations against them get to pick and choose the prosecutors investigating them? They understand nothing but executive power for its own sake, and like diseased rats from a sinking ship, care nothing about the system they are working to undermine through their own greed, incompetence, hubris, and utter disdain for transparent democracy.

Sunlight is the best disinfectant - Judge Louis Brandeis.

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And let's not forget: every one of these fired U.S. attorneys was appointed by George W. Bush in the first place . . . he's clearing out his own appointees, weeding out the honest ones.

I almost can't believe this is happening. Leahy needs to get these attorneys in front of Judiciary, stat.

Still, not a peep from the MSM.

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What else is in bills like the Patriot Act that Congress has overlooked which allows for runaway corruption to continue. Now Lieberman is going to look the other way on Katrina. The President is indicating that he will go to war with Iran and Syria. Who wants to be that he will not leave office after the 08 election or just outright cancel the election and declare Marshall Law with the support of the Pentagon and the Justice Department. I'm not some conspiricy theory nut but these things are really starting to add up and the picture they paint all leads to an Imperial Dictatorship.

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Bush is the one that needs to be asked to resign. The US Federal Prosecutors aren't and didn't start the dustbowl wars, weren't incompetent after Katrina, and aren't voting themselves raises. I don't THINK they can vote themselves raises... ;-)

Anyway, Bush has a lot of gall. He and the Rethugs are all striking out in fear and anger now. They need therapy, and electroshock treatments.

George W, you are going down.

"I’d like to live just long enough to be there when they cut off your head and stick it on a pike – as a warning to the next ten generations that some favors come with too high a price. I want to look up into your lifeless eyes and wave . . . like this.

Can your associates arrange this for me, Mr. Morden?" Babylon 5 - Vir

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Watergate on steroids.

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Keep digging. But we should require our lawmakers to actually read all legislation that they vote for. Had Diane read it, would she have voted for it. Bush makes me miss Nixon.

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This is Bush's Saturday Night Massacre....

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We must make sure we pull every legal lever to stop the remorseless BushCo grinding takeover of our beloved America. We liberals need to reach out to our generations Barry Goldwaters. In the end it was the responsible GOP members that undid Nixon.
Josh maybe you can invite former Congressman Bob Barr ( yes of the late Lets Impeach Clinton posse) to do a guest blog on TPM .Congressman Barr has come out against the assault on our Civil Liberties. We all share common values lets restore our Comity and vigorously defend our Constitution.

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Well, if Bush appointed them he certainly has the right to fire them.

Since congress can't seem to do their job in reviewing Bush appointments in a timely manner, the provision in the Patriot Act seems reasonable.

By the way, don't these attorneys work for the Justice Department? Who has final authority over the justice department? Why, the president does.

Perhaps Congress should start doing their own job rather than try to run the executive branch or, for that matter, the judicial branch as well.

This cuts to the separation of powers between the three branches. Congress, while avoiding their own job, tends to hide behind the curtains and bite at the ankles of everyone. So, how about they just start worrying about the sand in their own sandbox and get to work for a change. And, this is not a screed against dems. Repubs got kicked out for the same nonsense.

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I cannot make heads or tails out of J.R. Ford's comment. He seems to be saying that nothing can or should be done by Congress about Bush firing U.S. Attorneys who may be working to investigate Republican officeholders. That in itself makes no sense if we care about uprightness.

Then he, the commenter, says that the reason Congress should not act is to protect the balance of powers among the three branches of government........but then J.R. Ford bizarrely states that the president [executive branch] 'has final authority' over the judicial branch, which, if true even in the instance of this unfortunate Patriot Act provision, certainly negates the 'separation and balance of powers'.

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ututgurututuuyu5utu5

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Pitchforks.

Torches.

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The administration is replacing U.S. Attorneys throughout the country.

TPM Muckraker Eeditor wrote:
If the Democratic Leadership was smart they would take every dismissed [U. S. Attorney] and put them to work as Investigative Staff for Congressman Waxman.

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Any way we can get a forced resignation of George Bush and Dick Cheney?

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If anyone is going to be granted a force recognition, it's President George Bush AND that's because of misconduct. What is going on? Who can we turn to on times like these?

BTW: DIANNE FEINSTIEN FOR PRESIDENT!!

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She voted for the PA...

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I'm from Australia so don't know nearly as much about US internal politics as most people on this board.... but IMHO Bush, Cheney and every other constitution-butchering bigoted zealot in the administration should face criminal charges.

This reeks of a molehunt, though not in the traditional sense... this is a treasonous twat trying to get rid of his opponents. Bush is axing his critics and those who might be able to have him impeached.

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Bush is obviously arming up for a subpoena war with Congress. Know any Democratic senators from Nevada? House speakers from California? Triangulating presidential candidates formerly residing and practicing law in Arkansas? Intimidation, anyone?

This should be the scandal that brings him down, the wretched excess that alarms everyone who has tolerated previous Bush scandals. If these deposed US Attorneys aren't all over the news, if their subordinates follow their new marching orders without mass resignations, then we truly are boiled frogs.

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What a better way to steal an election and take over the country. Tie up the military in a war inplant your team than hit America's while it sleeps.
OH yea looks treason to me. But then who cares Right America

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J.R., your post is a misinformed and misguided pile of tripe. First off, Bush did not appoint those U.S. Attorneys that were fired. Their appointments pre-dated Bush coming into office.

Regardless, while Bush may have oversight of the Justice Department as a part of the Executive Branch of government, the Senate has an unequivocal right to advise and consent on appointments.

This overlooked rule flouts that constitutional provision. Kind of ironic that the Republicans who have such a hard-on for the Constitution and "original intent" when it comes to things like abortion, always find a way to sidestep the Constitution when it's convenient.

The U.S. Attorney's position is supposed to be free from politicization, so that U.S. Attorneys can operate without the fear of retaliation for the exercise of their prosecutorial discretion. Does that in fact happen all the time? Of course not, it's an ideal, but an ideal that we should look to achieve as we don't want prosecutorial decisions driven by politics.

It has been ingrained in longstanding governmental tradition that U.S. Attorneys are not be removed from office unless there was some form of misconduct, until now. The appearance of impropriety is blinding in this case, but it's not surprising considering the history of this administration.

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I'm aghast, dismayed, and astounded at the lack of public outcry. TELL SOMEONE. Don't depend on the media YET. IMPEACH. say it every 5 minutes to SOMEONE. don't insist they AGREE. don't try to CONVINCE. just say why. he's firing the attorneys who might help get him impeached. no, it's not strictly true but then they have to go LOOK, and it's TRUE ENOUGH.. he is firing folks.

Once he looks guilty folks will stand up and point fingers, but he has to have a smoking gun AT THAT MOMENT.

so. Impeach cause he's firing US attorneys. Spread the word, please.

For what it's worth I'm absolutely no fan of Ms. Feinstein, nor most of her political agenda, but she's right, and he's a deluded tyrant.

Impeach. Now. Please.

Mitch Shrader

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I do not want to have a king. America does not want to have a king. Has anyone communicated this concept to the Bush family?

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America was lost when the Federal Reserve was created.

All corruption starts there. Why hasn't the Federal Reserve ever been audited?

Take the time to study the creation of the Federal Reserve in America and you'll understand why America is long gone.
http://www.realityzone.com/creature.html

Only thing we can do, AS AMERICANS, is join together to demand the Federal Reserve be abolished.

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There's no way this will turn out well. I can't believe the absurdity and balls of these crooks to use the Patriot Act to cover THEIR ACTS!!!

They lied to get us into a bad war.

They lied to us when Katrina revealed their incompetence and callousness.

The lied to senior citizens, threatened an auditor's silence, and forced CONGRESSMEN to change their votes on the Medicare package with mafia style backroom politics.

At some point people need to go to jail.

Or we will see this over & over & over again.

That's why this is no longer about revenge. It is about stopping bad precedents and setting deterents to ethics abuse when ethics lapses.

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I remember there was a time when I was proud to be an American. Thanks, "W", for disenchantizing the entire American public.

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On the Clock,

Dianne probably voted to re-authorize the Patriot Act because in it contained no addendum as to how low the Bush Administration would sink in order to save its own skin? Your argument is ridiculous.

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Even though I'm not suprised by these firings, it still rattles me when I see something like this. The neocons have made it absolutely clear that they are doing exactly as they please, da*n the constitution, and are getting away with it. Yes, yes, Congress will rant and rave and gnash their teeth, but nothing will really happen inre to ousting the boy king, and he will only be out after the '08 election takes place... maybe. God help us if another repub neocon gets elected.

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When are you Americans going to learn you dont live in the land of the free...you never did. Your country was founded by and based on slavery and power mongering. Undue influence of the judicial process was always present, it's just now that your government is so confident you'll go back to your American idol and McDonalds and wont put up a fight if its out in the open...know what, they're right. So why dont you just reach for the remote...?

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Laugh Riot; I'm a proud American, but I'm afraid you are at least partially correct. Americans seem to function best during war time or when there is a disaster, be it financial or environmental, then we pull together once things get REALLY bad. During Vietnam, Americans took to the streets because everyone was being affected by the draft which was getting so many young men of all social strata sent to Vietnam and killed. Since the U.S. has an "all-volunteer" military now, it's mostly the poor folks with a few middle class Americans thrown in who are being fed into the Iraq meat grinder, so you won't see the outrage like you did during Vietnam with folks taking to the streets. Tell me Laugh Riot, are they taking to the streets in bloody old England over the British troops sent to die in Iraq for the Bank of London? I haven't heard anything about that in the news. You see Laugh Riot, you English are no better or worse than the Americans, it's just simple human nature to sit on one's butt until one is directly affected. I'm over the maximum draft age, but if the U.S. were using the draft and I had just received my draft notice and knew I was heading for Iraq, I would be MUCH more likely to take to the streets. How about you?

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Oh No!! A corrupt politician, I never would have guessed...I love all these Anti-Republicrat comments as if the posters party is any cleaner...You all voted for it, authorized it, and emboldened it, live with it..

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as im from germany i don´t have a complete idea of what is going on in the states politically but as i´m interested i unfortunately stumble over news like that. i find it very unsettling to see that kind of manipulation is actually possible. i eventually see that the legal/political system in the states is flawed. the possibility that something like the patriot act can be put into action at all, makes me sad. i think we all know that bush does care about his fellows but those guys arent the majority of the american people but guys who abuse the system and try to benefit from it in their own selfish way. the dowside of living in a huge country is that you really have to get organized to make your voice to be heard. best of luck from germany, i hope it works out.

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my boyfriend says that when nixon fired the guys investigating republican corruption, it was called the "saturday night massacre."

what day of the week did this happen on?

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Dan, you are correct. We need to work this out in democratic American fashion. This is a huge test for our political system and hopefully it will only make us stronger. If not, it will certainly kill us as a democracy. Thanks for your input and your concern.

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Bush was trusted with new powers and as expected absolute power corrupts absolutely. Way to go America!

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! Is is sooo easy to stay our ass on the couch and zap from channel all night... and watch this political movie plays with-out lifting one finger Wahahaha !

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This is HUGE! I'm outraged. John Doolittle must be brought to justice.

Thanks TPM and Senator Feinstein. This one of the most important immediate battles to be waged.


Dump Doolittle
http://solongjohn.blogspot.com

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"Well, then, Dianne, my dear, why on God's green earth did you vote for the g-d Patriot Act Reauthorization last year???" --On the Clock

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Yeah, I'd have preferred no Democrat to have voted for it at all, but it turns out this particular provision wasn't in the bill at the time of the original vote: it was added by Arlen Specter in a Republicans-only session of the conference committee. See

http://www.tpmmuckraker.com/archives/002354.php

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OK...Clinton gets a hummer and doesn't fess up and lies about it leading to an IMPEACHMENT hearing.

"W" invents a war where, so far, over 3000 Americans die and another 25,000+ Americans are injured and many times more Iraqis suffer the same fate. The premises used were false. By securing Iraq against Al Qaeda he has in fact created a haven for the group in the chaos. He grants a 300 tax rebate to the masses of the country yet is spending $250,000/minute to sustain the war making the debt other administrations ran up look like child's play. He fires US attorneys who oppose him. Can't IMPEACH him though until he gets a hummer from an intern. Then we have a case. We'd better get Cheney a hooker, too.

Finally, anyone thinking about the cost to the VA to nurse 25,000+ injured back to some semblance of a normal life.

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Bush and the Skulls are uncovered! This was a mob of thieves raping innocent U.S. people.

Watch this video if you want to see how the markets directly related to this are false and 'evil'. www.businessjive.com/nss/darkside.html

www.faulkingtruth.com
www.investigatethesec.com
Watch Alex Jones in Google Video!

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It will be harder and harder for those in the middle to ignore the lies that are being told to us every day by the WH.

This goes beyond the pale.

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You with BDS are really funny to read. He's a liar and a crook, etc. Perhaps you've forgotten why America voted out the Democrats. After a few years, America will remember why and the cycle will continue. You'll have the latest Republican "Liar and Crook" to whine about. Now we conservatives get to whine about the latest "Liberal Hypocrisy" and get our juices flowing. btw, the amount of Republican corruption and Democrat Liberal hyprocrisy is just about the same. Meanwhile, keep it up. I love reading your dementia just as much as you go crazy reading mine.

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They are getting ready to declare marshall law.

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Well now, another round of good cop/bad cop for the viewing audience. Bush wants loyal cronies, so the District Courthouse crowd get to circle their wagons, both aimed at denying the rights of Americans.

Funny the Patriot Act doesn't look good now. What were they thinking, when they ALL bought into that sham and travesty? Becoming the straw men and women for international bankers was acceptable, BUT it suddenly is NOT. Yeah right!

My what a stage, and aren't the actors 'enlightening.' Too bad it's all of us, that the 'slight of hand' will be economic choking, while the next act plays on! God be with us!!!

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"Posted by: Chuck Darwin
Date: January 16, 2007 09:51 PM

Any way we can get a forced resignation of George Bush and Dick Cheney?"

Yes, it's called impeachment.

Why haven't articles of impeachment been filed against this criminal administration? When even Republicans are starting to take up arms against Bush's out-of-control administration, why aren't we voting on whether to remove him from office RIGHT NOW?

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I want all the information that the media doesn't provide, Especially about the Bush administration.

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Quote: "They are getting ready to declare marshall law." - bummed.

Maybe somebody here is interested in checking out the information Philip Schneider leaked to the public in 1995. You find him on Wikipedia and there is a video of one of his lectures on YouTube and GoogleVideo as well. If any of his claims are true there´re even more dreadful things going on. Looks like somebody is starting to have a backup plan.

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What at the top of Mountain will flow to the valleys' edge " Truth,or corruption". And if corruption is flowing faster than the truth the tendancy is to investigation. Now,here is the problem "WHO IS CHARGE" determines or inturputes the law intheir favor or have laws that are in their favor.

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How about a little balance? Read the following:

"The Pot Calling the Kettle “Interim”
Democrats with short memories rail about Bush’s removal of U.S. attorneys.

By Andrew C. McCarthy

In lambasting the Bush administration for politicizing the appointment of the nation’s United States attorneys, Democrats may be on the verge of redefining chutzpah.
The campaign is being spearheaded on the Judiciary Committee by Senator Dianne Feinstein. She contends that at least seven U.S. attorneys — tellingly, including those for two districts in her home state — have been “forced to resign without cause.” They are, she further alleges, to be replaced by Bush appointees who will be able to avoid Senate confirmation thanks to a “little known provision” of the Patriot Act reauthorization law enacted in 2006.

Going into overdrive, Feinstein railed on the Senate floor Tuesday that “[t]he public response has been shock. Peter Nunez, who served as the San Diego U.S. Attorney from 1982 to 1988 has said, ‘This is like nothing I’ve ever seen in my 35-plus years.’”

Yes, the public, surely, is about as “shocked, shocked” as Claude Raines’s Captain Renault, and one is left to wonder whether Mr. Nunez spent the 1990s living under a rock.

One of President Clinton’s very first official acts upon taking office in 1993 was to fire every United States attorney then serving — except one, Michael Chertoff, now Homeland Security secretary but then U.S. attorney for the District of New Jersey, who was kept on only because a powerful New Jersey Democrat, Sen. Bill Bradley, specifically requested his retention.

Were the attorneys Clinton fired guilty of misconduct or incompetence? No. As a class they were able (and, it goes without saying, well-connected). Did he shove them aside to thwart corruption investigations into his own party? No. It was just politics, plain and simple.

Patronage is the chief spoil of electoral war. For a dozen years, Republicans had been in control of the White House, and, therefore of the appointment of all U.S. attorneys. President Clinton, as was his right, wanted his party’s own people in. So he got rid of the Republican appointees and replaced them with, predominantly, Democrat appointees (or Republicans and Independents who were acceptable to Democrats).

We like to think that law enforcement is not political, and for the most part — the day-to-day part, the proceedings in hundreds of courtrooms throughout the country — that is true. But appointments are, and have always been political. Does it mean able people are relieved before their terms are up? Yes, but that is the way the game is played.

Indeed, a moment’s reflection on the terms served by U.S. attorneys reveals the emptiness of Feinstein’s argument. These officials are appointed for four years, with the understanding that they serve at the pleasure of the president, who can remove them for any reason or no reason. George W. Bush, of course, has been president for six years. That means every presently serving U.S. attorney in this country has been appointed or reappointed by this president.

That is, contrary to Clinton, who unceremoniously cashiered virtually all Reagan and Bush 41 appointees, the current President Bush can only, at this point, be firing his own appointees. Several of them, perhaps even all of them, are no doubt highly competent. But it is a lot less unsavory, at least at first blush, for a president to be rethinking his own choices than to be muscling out another administration’s choices in an act of unvarnished partisanship.

Feinstein’s other complaint, namely, that the Bush administration is end-running the Constitution’s appointment process, which requires Senate confirmation for officers of the United States (including U.S. attorneys), is also unpersuasive.

As she correctly points out, the Patriot Act reauthorization did change prior law. Previously, under the federal code (Title 28, Section 546), if the position of district U.S. attorney became vacant, it could be filled for up to 120 days by an interim appointee selected by the attorney general. What would happen at the end of that 120-day period, if a new appointee (who would likely also be the interim appointee) had not yet been appointed by the president and confirmed by the senate? The old law said the power to appoint an interim U.S. attorney would then shift to the federal district court, whose appointee would serve until the president finally got his own nominee confirmed.

This was a bizarre arrangement. Law enforcement is exclusively an executive branch power. The Constitution gives the judiciary no role in executive appointments, and the congressional input is limited to senate confirmation. U.S. attorneys are important members of the Justice Department — the top federal law enforcement officers in their districts. But while the attorney general runs the Justice Department, U.S. attorneys work not for the AG but for the president. They are delegated to exercise executive authority the Constitution reposes only in the president, and can thus be terminated at will by the president. Consequently, having the courts make interim appointments made no practical sense, in addition to being constitutionally dubious.

The Patriot Act reauthorization remedied this anomaly by eliminating both the role of the district courts and the 120-day limit on the attorney general’s interim appointments. The interim appointee can now serve until the senate finally confirms the president’s nominee.

Is there potential for abuse here? Of course — there’s no conceivable appointments structure that would not have potential for abuse. Like it or not, in our system, voters are the ultimate check on political excess.

So yes, a president who wanted to bypass the Constitution’s appointments process could fire the U.S. attorney, have the attorney general name an interim appointee, and simply refrain from submitting a nominee to the senate for confirmation. But we’ve also seen plenty of abuse from the Senate side of appointments — and such abuse was not unknown under the old law. Though the president can nominate very able U.S. attorney candidates — just as this president has also nominated very able judicial candidates — those appointments are often stalled in the confirmation process by the senate’s refusal to act, its imperious blue-slip privileges (basically, a veto for senators from the home state of the nominee), and its filibusters.

But that’s politics. The president tries to shame the senate into taking action on qualified nominees. Senator Feinstein, now, is trying to shame the White House — making sure the pressure is on the administration not to misuse the Patriot Act modification as an end-around the confirmation process.

Why is Feinstein doing this? After all, the next president may be a Democrat and could exploit to Democratic advantage the same perks the Bush administration now enjoys.

Well, because Feinstein is not going to be the next president. She is still going to be a senator and clearly intends to remain a powerful one. Aside from being enshrined in the Constitution, the confirmations process is a significant source of senatorial power no matter who the president is. Practically speaking, confirmation is what compels a president of either party to consult senators rather than just peremptorily installing the president’s own people. Over the years, it has given senators enormous influence over the selection of judges and prosecutors in their states. Feinstein does not want to see that power diminished.

It’s worth noting, however, that the same Democrats who will be up in arms now were mum in the 1990s. President Clinton not only fired U.S. attorneys sweepingly and without cause. He also appointed high executive-branch officials, such as Justice Department civil-rights division chief Bill Lann Lee, on an “acting” basis even though their positions called for senate confirmation. This sharp maneuver enabled those officials to serve even though it had become clear that they would never be confirmed.

Reporting on Lee on February 26, 1998, the New York Times noted: “Under a Federal law known as the Vacancy Act, a person may serve in an acting capacity for 120 days. But the [Clinton] Administration has argued that another Federal law supercedes the Vacancy Act and gives the Attorney General the power to make temporary law enforcement assignments of any duration.”

What the Clinton administration dubiously claimed was the law back then is, in fact, the law right now. Yet, for some strange reason — heaven knows what it could be — Senator Feinstein has only now decided it’s a problem. Like the public, I’m shocked.

— Andrew C. McCarthy is a senior fellow at the Foundation for the Defense of Democracies."

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Impeach King W. George the First. Impeach the bastard!

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Did all of this occured after; when the Republicans lost control of the house to the Democracts?

Everyone should keep your eyese and ears open now
even if he make a sudden involuntary expulsion of air from the nose and mouth due to corrupition of his nostrils.

Oh that powder stuff

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Yes, we Americans are tired of having our Constitution shredded before our eyes. Yes, Democrats share the blame for voting for the Patriot Act in the first place, as well as voting for its renewal.

Face it, folks, it's not the same country we've always known and loved. And it never will be ever again. We have a federal government that just plain doesn't care about its own people anymore! So what are hard-working, freedom-loving, taxpaying Americans to do now that our own national pride has been destroyed beyond repair?

I advocate secession of the blue states. Carve up the country along political lines, save ourselves a whole lot of grief later on. Lots of us had the right idea in 2004. I believe it's time to revisit that idea. It could be the only thing that will save us now. It wouldn't bother me a bit. My father came back from WWII wounded but beaming with pride that the US showed the world just how much we Americans value freedom. If he were alive today, I'm sure he'd shake his head and say "My God, we're becoming the enemies we fought so hard to defeat!" Welcome to the 21st Century. Thank God nobody's invented phaser guns yet, or we'd all be toast.

Secession anyone?

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As an independant voter , I notice so much strife and conflict in our representation in Washington DC. That perhaps GWB should be scrutinized under the same laws of Impeachment that William (Bill) Jefferson Clinton was charged under. Under the Impeachment process , Clinton is the only US President to be convicted of a felony.

Yes , Bill Clinton is a convicted felon.

Convicted by trial in the Senate.

But it seems , even though the Democrats in Washington are in control of the House and Senate , they do not have enough evidence to bring GWB to a trial , as Bill Clinton was , and then convicted of a felony.

There is no person in the Democratic Party that is willing to do anything other than mouth off about GWB , because other than that , unlike Bill Clinton who was convicted of a felony , they know such an attempt would fail , and that would cost them votes. Pelosi even said publicly before taking office that she would block any attempt to Impeach GWB.

I was taught at an early age , that it is not a right to vote , but that it is a RESPONSIBILITY. And with that RESPONSIBILITY comes researching the issues and the candidates.

If you are a Democrat and do not like GWB , then you should not have voted for Pelosi or any other Democrat that will not have the intestinal fortitude to do anything other than just lay down and hide , and mouth off about GWB and do nothing.

I do not know what party or candidate I will vote for next election. I am an independant and undecided.

As far as anyone forced to resign , well that is an option so you do not get fired. Get a job and see how that works.

I guarantee you that I will be extremely well in formed before I cast my vote.

I strongly urge you to do the same.


SD

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Well Fair-and-balanced, you certainly seem to have provided a reasoned argument.

I think we all have to take a deep breath in order to see things as they really are. There is a lot to learn and I would venture to say that a lot of Americans like me are overwhelmed with the idea of having to determine the truth behind the issues that rise to the surface. I think this is why people resort to political ideologies --it's easier than thinking.

“Bush's” behavior as reported in this article does seem suspicious, but the simplest explanation is probably true. It does seem odd that these people would be asked to resign at this stage of the game. I don't think it's Bush so much as the power drunkenness of certain people in the Attorney's general's office (or other administration offices for that matter). I think an atmosphere has been created where groups of individuals feel like they can do what they want to pursue their political agendas. Still, W is ultimately responsible for the behavior of those who act in his name.

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I not only support the idea that our current President should be impeached, I think that he, the Vice President, Secretary of State should all be impeached for lying to the American people. They should not just be impeached, they should be stripped of their U.S. citizenship, never allowed to enter the U.S. again and receive no retirement in any form. Perhaps that would teach those who wish to control this country that, as we did more than 200 years ago, that we are an independent nation, and those elected must respond to the people. Our nation was not founded on the the principle of the "Divine Right of Kings." It was founded on the basis of democracy, and those 'leaders' must do what the people, all the people want, and not just what special interests want.

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Well Mr. Olson

Those are strong words. And in order for that to happen , there needs to be a Legal Precident set concerning the Impeached former US President and convicted felon William Jefferson Clinton.

For the US to have any "teeth" when dealing with politicians , Bill Clinton will first have to be subject to the above mentioned sanctions. Which would be fitting as he is a convicted felon.

Then Hillary Clinton , Senator and wife of Bill Clinton should be tried for her part in Bill`s criminal activities. Also for her own crimes.

Only then would there be legal precident for Impeachment of the current President.

The problem seems to be , that now , even though the Democrats are in power , they lack the spine to enforce the law.

If the recently elected Democrats will not stand up to a convicted felon and his wife ,...then

What WILL they stand for?

In the last Presidential election , at one of the debates , one of the questions asked to John Kerry and G.W.Bush was one that Kerry`s people forced in to the debate.

The question , and I quote , was.

"What is wrong with flip-flopping anyway?"

Kerry has continued to insult the American public by making fun of the US Military , our troops.

Take a good look at who you vote for before you check that ballot box.

Maybe it will be your son or daughter that that politician cuts off the funding that they need to be properly armed to defend our country.

They are ALL our sons and daughters. They are soldiers , do not cut them off at the knees while they are serving not only our country , but each and every one of us.

SD

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I have been reading all of this garbage that you lefist are spewing out and it is ironic that if Bill Clinton does these horrible things...it is more than ok....but if President Bush does the same thing.....it is impeachable! You people have what is called a mental disorder called liberalism. It is ok in your mind for the liberal judges and the ACLU to trash the constitution.

When people continue to deny that there is a God and do not see fit to give worship, they will be turned over to a reprobate mind..........This has, I am afraid, happended to the Godless liberals of America, and thus a part of our country! We will fall from within,,,,it has already started.

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Good for you, SuperDave. What two-faced bullhockey liberals regularly spew. When Bill Clinton took office he forced the resignations of US attorneys nationwide and I'll wager none of these batted an eye.

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Right on! Finally you show some spine. I have had little cause to trust you in a long time. You nhave been totally weak in opposing this war.....

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Slick Willy Clinton fired a bunch of AG's when he took office, Has Dianne Finestein forgotten? How many will the next democrat president fire?I'm not defending Bush. Him and Clinton and others should be Guillotined for what they have done to our country. Politice is bad enough without all of this corruption in government. God please help us!

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All cats are grey in the dark

The more things change, the more they stay the same.

Every man for himself and the devil take the hindmost.

Let's all vote for total anarchy so we can be alone with our thoughts. No government escapes corruption and no society escapes decadence.
ding dong, the witch is dead, etc.

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I'm wondering what part of the fact that U.S. Attorneys serve at the pleasure of the president Democrats don't understand. They sure understood it when President Clinton fired not seven but ALL of the U.S. Attorneys in the country in one day. All of them. Where was the hew and cry then? Grow up.

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We should not forget that Bill Clinton’s first act as president was to fire all the U.S attorneys across the U.S. – an unprecedented act by an American president.

At the time, critics of the president linked the firing to an effort to stave off the prosecution of House Ways and Means Committee chairman Dan Rostenkowski.

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Are you freaking lefties kidding me....

Here is a pop quiz for you.

What President, in his first month in office, asked for the resignation off all 94 U.S. Attorneys? Who, by the way, were appointed by the party on the other side of the isle.
Dont spend the two brain cells you have trying to figure this one out. Between the Kool-Aid and only watching and ready the "main scream media" you wont be able to process the truth.

That right your hero, the lying, adulterating, womanizing, impeached disgrace Clinton.
Who by the way had replaced 92 of those U.S. Attorneys by 1993.

So all I ask if you are going to rant and rave, at least get your history right. Not that it matters to you uninformed lefties.

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So, because Clinton did it, it is now legitimate? Well, thank you for that helpful tip.

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Yes, if Clinton fires all 93 on first day in office and thats wonderful, firing 10 has to be ok also.

Moron

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Clinton didn't fire any US attorneys. US attorneys are appointed to serve four year terms by the incoming President. Like every other President, Clinton came into office and did his job by appointing US attorneys to serve four year terms. No one was fired. No one was surprised by it. No one had their appointment cut short. Rant all you like, but that is how it works.

There have only been two US attorneys fired in the last twenty five years, both by Reagan, one for breaking the law, the other appearing a little nutty, prior to dubya firing eight for purely political reasons.

That is why the firings by dubya are unprecedented.

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Government has always been corrupt, under Dems as well as Reps. But I do find it curious that the libs who condemn the firing of 8 lawyers said nothing when Clinton canned every one of the U.S. Attorneys under his administration. I wonder if there would be as much of an outcry from the left if these lawyers were prosecuting William Jeffersons bribery, Harry Reids shady land scam, and Madam Pelosi's failure to pay fair wages and her union busting in the businesses she and her husband own?

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Clinton's a criminal? Impeached for lying about a blowjob? Let's be real...it was never worth the time, money and national disgrace. The public at large was badly duped by the whole sorry affair and swallowed the hook, line and sinker. That was and always will be a private matter between he and his wife...not mine or anyone else's business.

As has been stated ad nauseum...the US Attorneys serve at the pleasure of the President, the problem, as I understand it here, is that the current administration, yet again, wasn't completly forthcoming with the facts/truth; how many lies or half-truths can one tell before total confidence is lost in them? Seems this administration still doesn't trust the public with the truth. Again...lesson not learned.

I served this country for 26years, and I have no confidence in this administration's ability to adequately represent the values of the American people. We are actually a country of moderates...think about it...who care for our fellow man, want peace above war, and are willing to share with others so all may enjoy the blessings of a bountiful existence.

To borrow from a CNN documentary, we were warned...of what would come if Jr. was elected. The GOP loyalist still stand firmly behind him, some calling him the "greatest President in history"...draw your own conclusions, I and about 70% of the American public have.

God Bless us all!

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Perjury is a crime. It doesn't matter what the lie was about. The minute he lied under oath, it stopped being 'a private matter between he and his wife' or did you already forget about Libbey and that verdict. Bill got away with a crime that most anyone else would serve time for committing. As far as being forthcoming and telling the truth, ask the Clinton's about Whitewater and the efforts to derail that investigation.

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For all you liberal wackos out there, do me a favor. Perform the Google search "Clinton fires US Attorneys", read through the first five articles, and then get back to us. Be aware of the facts, for once, before you open your kool-aid drinking mouths.

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Amen, brother.

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Clinton

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fired

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ALL

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but 1

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What is the matter with some of you?

Don't you remember that President Clinton and Janet Reno (Attorney General) fired all 93 U.S. Attorneys at one time in 1993?

Don't you remember that in 1993 the U.S. Attorney for Washington, D.C. was close to bringing a criminal action against Representative "Rostkowski" (excuse spelling), the Democratic Chairman of a major House of Representatives Committee, but the D.C. attorney was not given his job back and "Rosty" went free?

Don't you remember that Webster Hubbell, President Clinton's in house attorney died strangely in the White House, that his death was not reported until several hours after he was found, and that his papers were not produced for anyone to read them? You never gave thought that Hubbell's death might have been a sort of "firing"?

No one in this world is perfect, but many of you can't believe that. No matter what happens, if you don't like it, you say that President Bush is perfect at being at fault.

The president has the legal right to fire U.S. attorneys. Why do you think Mr. Bush did something bad. Why do you think that Mr. Clinton did not do something bad.

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I am just wondering, where was this outrage when the Clinton Administration fired 93 US Attorneys in March 1993. As an American first and then a conservative I was wondering why can't ANY president fire a US Attorney, why is their job so damn sacred, afterall those of us in the "real world" can be fired for any reason what so every, just wondering.

I just want some consistancy from our politicians, isn't that what we should have.

Also is Dianne Feinstein really the person to be giving anyone a lecture on ethics/character, afterall she had to resign her position on the Military Construction Appropriations subcommittee for funneling Military Contract to her husband's companies (Perini Corp. and URS Corp). I hate politicans and we as a nation deserve better than we have, they are ALL crooks, Democrats and Republicans alike.

Something else that drives me nuts is you have John Edwards talking about "Two Americas", one for the rich and one for the poor. This is a man who has 4 or 5 homes that are valued at over $1 million each and he flies on a private jets, what the hell?? Where is the consistency there??

How about Al Gore, Mr. Environmentalist himself. This is the same Al Gore who flies around on private jets, drive in SUV's and owns a house that consumes 20x the electricity of a normal home. Talk about the height of hipocrisy.

Then there's good ole Newt Gingrich, (don't worry I am going after the Republicans, even though I am a Republican) who while prosecuting Bill Clinton was carrying on an affair too, hell I guess that didn't matter though????

Then there's those Republicans in congress who claim they are conservative when they are up for election or are back home with "the folks", but no they aren't.

Something else that drives me crazy is the fact that the Political Parties and their cohorts in the media (tv., talk radio, etc) want us to get mad and yell and act like idiots who can't see beyond the D or R in front of their names!!!

I am 33 years old and have been listening to political talk on radio and TV since I was 16 and I have finally had enough!!!!

Damn it people let's be consistant here, not morons who can't see beyond the D or R in front of the politicans names!!!!!!

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sale@mp3.com

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