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Gonzales Wrong for Attorney General; Why Won't Bush pick a Pro-Life Nominee? American Life League.
usnewswire.com/ ^

Posted on 11/12/2004 9:07:10 AM PST by cpforlife.org

To: National Desk

Contact: Amber Matchen of the American Life League, 540-903-9572 or amatchen@all.org

WASHINGTON, Nov. 11 /U.S. Newswire/ -- Judie Brown, president of American Life League, issued the following statement in response to news that White House Counsel Alberto Gonzales is being considered as the replacement for U.S. Attorney General John Ashcroft:

"President Bush appears to be doing all that he can to downright ignore pro-life principles. There can be no other explanation for his recommendation of Alberto Gonzales as attorney general. Gonzales has a record, and that record is crystal clear.

"As a Texas Supreme Court justice, Gonzales' rulings implied he does not view abortion as a heinous crime. Choosing not to rule against abortion, in any situation, is the epitome of denying justice for an entire segment of the American population -- preborn babies in the womb.

"When asked if his own personal feelings about abortion would play a role in his decisions, Gonzales told the Los Angeles Times in 2001 that his 'own personal feelings about abortion don't matter... The question is, what is the law, what is the precedent, what is binding in rendering your decision. Sometimes, interpreting a statute, you may have to uphold a statute that you may find personally offensive. But as a judge, that's your job.' Gonzales' position is clear: the personhood of the preborn human being is secondary to technical points of law, and that is a deadly perspective for anyone to take.

"President Bush claims he wants to assist in bringing about a culture of life. Such a culture begins with total protection for every innocent human being from the moment that person's life begins. Within the short period of one week, the president has been silent on pro-abortion Sen. Arlen Specter's desire to chair the senate judiciary committee, and has spoken out in favor of a judge with a pro-abortion track record to lead the Justice Department.

"Why is President Bush betraying the babies? Justice begins with protecting the most vulnerable in our midst. Please, Mr. President -- just say no to the unjust views of Alberto Gonzales."

http://www.usnewswire.com/

-0-


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Government; News/Current Events; Philosophy; Politics/Elections
KEYWORDS: all; bush43; doj; gonzales; prolife; term2
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To: sinkspur

Your post 27 is not convincing.



Part of #27 is a blatant lie at best......


381 posted on 11/12/2004 3:37:38 PM PST by deport (I've done a lot things.... seen a lot of things..... Most of which I don't remember.)
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To: Luis Gonzalez
The burden is yours to prove it a lie. Put up or shut up.
382 posted on 11/12/2004 3:38:24 PM PST by cpforlife.org (The Missing Key of The Pro-Life Movement is at www.CpForLife.org)
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To: sinkspur
downtown Judie Brown

Oh, dude...

You just dated yourself big-time with that line (c8

383 posted on 11/12/2004 3:39:00 PM PST by Poohbah (Crush your enemies, see them driven before you, and hear the lamentations of their women!)
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To: CWOJackson

Arafat's death, and the US diplomatic reaction to the new Palestinian leadership is a precursor to Castro's fall.

It's going to be interesting to watch the next few weeks.


384 posted on 11/12/2004 3:39:49 PM PST by Luis Gonzalez (Some people see the world as they would want it to be, effective people see the world as it is.)
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To: Luis Gonzalez
It would be nice if it came this month; the President's reelection, Arafats on-again, off-again, on-again death, the fall of Fallujah. It would make Thanksgiving a memorable day.
385 posted on 11/12/2004 3:41:48 PM PST by CWOJackson
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To: Poohbah
Those who demand that we punctilliously observe every jot and tittle--including the imaginary ones--of the Geneva Convention, while excusing the enemy's grossest violations thereof, are giving aid and comfort to the enemies of the United States.

They need to either shut up, or they may discover that those of us who are intent on winning this war may start noticing them, and that we might start reading Article III, Section 3 of the US Constitution.

So ... basically, what you're saying here is that the only way to "win" this, the fourth in a War on a Noun series, is to beat Terrorists at their own game?

I don't take kindly to your threats, Poohbah. I have no doubt whatsoever that your ilk will prevail and folks like me will be erased forever one day but until then, shove it up your paper asshole.

386 posted on 11/12/2004 3:43:56 PM PST by Askel5 († Cooperatio voluntaria ad suicidium est legi morali contraria. †)
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To: CWOJackson
I can tell you this much: if the GOP insists on bending over and getting kicked in the posterior by Specter, and then lets him get away with it, I'm probably going to be too busy working on other projects to do GOTV work in 2006 and 2008. I do not appreciate others squandering my hard work, and I have only so much time in this life to accomplish what I want to do (like, for instance, finishing the novel I'm writing, and getting a second one written). GOTV work will slide way down the priority scale if the Senate leadership doesn't lead. And I've passed that to several GOP Senate offices.
387 posted on 11/12/2004 3:44:22 PM PST by Poohbah (Crush your enemies, see them driven before you, and hear the lamentations of their women!)
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To: PhilDragoo
I agree with you Phil. I've seen no evidence Gonzalez is pro-abortion or pro-Roe. And I betcha Dubya knows a heck of a lot more about him than I do.
388 posted on 11/12/2004 3:44:49 PM PST by colorado tanker (The People Have Spoken)
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To: cpforlife.org
"The burden is yours to prove it a lie. Put up or shut up."

No problem!

Here's the lie:

"When Gonzales was a member of the Texas Supreme Court, he voted to allow a teenager to get an abortion without notifying her parents, circumventing the notification law in that state."

OK, so what IS Texas law re: parental notification of minor's abortion?

In re Jane Doe, 19 S.W.3d 346 (Tex. 2000) (Doe 1(II))

In a previous appeal by the minor in this case, In re Jane Doe, 19 S.W.3d 249 (Tex. 2000) (Doe 1 (I)), the Texas Supreme Court was given its first opportunity to consider the statutory requirements for a judicial bypass under the state's Parental Notification Act. In its opinion in that case, the Court set out the factual showing that a minor must make in order to satisfy the statutory bypass requirement that she be "sufficiently well informed" to have an abortion without parental notification, as well as the considerations bearing upon a determination as to whether the minor is "mature." Because the lower courts had denied the minor's application for a bypass, the Supreme Court remanded the case to the trial court for "further hearing and consideration" in light of the standards set out by the Supreme Court. 19 S.W.3d at 257. Owen had concurred in the Court's judgment, although not in the Court's explanation of the showing that a minor must make under the bypass provision. Indeed, she specifically criticized the standards adopted by the Court, claiming that they were "minimal" and likely to be met by "[m]ost minors . . . with the assistance of counsel." 19 S.W.3d at 260. Bush appointees Gonzales, Baker, and Hankinson joined the Court majority in the adoption of those standards.

On remand, the lower courts again denied the minor's application for a bypass. In a 6-3 ruling, with Owen writing one of the dissents, the Texas Supreme Court reversed, holding that the minor had "conclusively established the statutory requirements to obtain a judicial bypass." 19 S.W.3d at 361. Owen's dissent focused in particular on her view that the minor was not adequately informed about abortion alternatives. Owen was extremely critical of the majority, which she accused of acting "irresponsibly" and of "manufactur[ing] reasons to justify its action." 19 S.W.3d at 383, 379. She further asserted that "[t]he Court's actions raise disturbing questions about its commitment to the rule of law and to the process that is fundamental to the public's trust in the judiciary." Id. at 377.

The Court, however, explained that Owen's view contradicted the legislature's judgment in enacting the statute. While the legislature could have required that a minor be "fully informed" in order to make a decision to terminate her pregnancy without parental notification, the majority explained, it chose instead to require that a minor be "sufficiently well informed." 19 S.W.3d at 352 (emphasis in original). The Court further observed that "[t]he Legislature had before it -- but rejected -- at least one bill that would have required physicians to supply specified, detailed information about abortion procedures and alternatives to all women, including minors, in order to obtain their informed consent." Id. (citations omitted). The Court also noted that the fact that "a minor does not share the court's views about what the benefits of her alternatives might be does not mean that she has not thoughtfully considered her options or acquired sufficient information about them." Id. at 359.

Particularly in view of the dissents by Owen and others, the Court's opinion is notable for containing specific sections devoted to "the proper role of judges" and "respecting the rule of law." Indeed, at the outset of its opinion, the Court observed that "[a]bortion is a highly-charged issue" and that the role of "the judicial branch [is] to independently review and dispassionately interpret legislation in accordance with the Legislature's will as expressed in the statute." 19 S.W.3d at 349. In light of the dissents, the majority pointedly cited Felix Frankfurter's explanation of "'the function [of a court] in construing a statute'" as "'ascertaining the meaning of words used by the legislature. To go beyond it is to usurp a power which our democracy has lodged in its elected legislature. . . A judge must not rewrite a statute, neither to enlarge nor to contract it.'" 19 S.W.3d at 350 (citation omitted)(emphasis added). The majority noted that in deciding this case they had "put aside [their] personal viewpoints." Id. They expressly stated that while "judges' personal views [on abortion] may inspire inflammatory and irresponsible rhetoric," the "highly-charged nature" of the abortion issue "does not excuse judges who impose their own personal convictions into what must be a strictly legal inquiry. . . As judges, we cannot ignore the statute or the record before us. Whatever our personal feelings may be, we must 'respect the rule of law.'" Id. at 356. (emphasis added).

Justice Gonzales, a Bush appointee, not only joined the Court's opinion in its entirety but wrote a separate concurrence in which he criticized the dissenting opinions for suggesting a "narrow construction" of the bypass provision nowhere to be found in the statute, and one "directly contradict[ed]" by legislative history. 19 S.W.3d at 365-66. According to Gonzales, adopting the dissenters' narrow view "would be an unconscionable act of judicial activism." Id. at 366 (emphasis added).

In addition to Justice Gonzales, Bush appointees Baker and Hankinson were in the majority.

In re Jane Doe 3, 19 S.W.3d 300 (Tex. 2000)

This case also involved a minor seeking an abortion who had applied for a judicial bypass of parental notification pursuant to Texas Family Code §33.003. The trial court denied the minor's application and the court of appeals affirmed. In a per curiam ruling joined by six members of the Court, the Texas Supreme Court set aside the judgment and remanded the case to the trial court for further proceedings. In so ordering, the Court noted that "the hearing in the trial court had occurred on the second business day after this Court issued its decision in In re Jane Doe, 19 S.W.3d 249 (Tex. 2000) (Doe 1)," 19 S.W.3d at 300-01, the seminal case in which the state Supreme Court set out the standards governing a bypass application under the "mature and sufficiently well informed" exception to the parental notification requirement. See supra. According to Justice Gonzales, who agreed with the decision to remand the case, "there is no principled basis in matters of this nature" for not permitting the minor to have the opportunity to present her case "with the benefit of the construction of [the Parental Notification Act] by the highest court in this state," while allowing that opportunity to minors in subsequent cases when the lower courts would have the opportunity to apply the decision in Doe 1. 19 S.W.3d at 306.

Nevertheless, Justice Owen dissented from the Court's ruling remanding the case. In his decision concurring in the judgment, Justice Gonzales specifically criticized Owen's dissent as to the remand, stating that:

    Justice Owen contends that Doe should not receive the benefit of a remand, concluding that Doe did not attempt to demonstrate that she was sufficiently mature and well informed to make the decision to obtain an abortion. While her proof relating to the showings required in Doe 1 is abbreviated, it is clear from the record that she presented her application without the benefit of that opinion's instruction.

    19 S.W.3d at 306 (emphasis added).


One of the issues on appeal was whether the trial court had properly denied the minor's application for a bypass under the provision of the statute mandating a bypass when the minor establishes by a preponderance of the evidence that parental notification "may lead to physical, sexual, or emotional abuse of the minor." Tex. Fam. Code §33.003(i). Although Justice Owen was not in the minority on that issue, her opinion took a stringent view of what a minor must prove under the "emotional abuse" provision, staking out a position more extreme than that of most of her colleagues. The minor had testified that her father was "an alcoholic, that in the past he has gotten intoxicated, overreacted, and taken anger over the children out on her mother and 'become physical' with her mother." 19 S.W.3d at 307. She further testified that she did not want to inform her mother about her decision to have an abortion because "her mother would tell her father and her father would become angry and physically take it out on her mother." 19 S.W.3d at 308. This was insufficient for Owen, who stated that "the evidence of physical abuse of Jane Doe's mother was not so direct, clear, and positive that a trial court was required to conclude as a matter of law that if one of Jane Doe's parents were notified, then Jane Doe may be emotionally abused." 19 S.W.3d at 320. Four justices disagreed, noting that, under the express terms of the statute, a judicial bypass "shall" be granted when the minor shows that parental notification "may lead" to her emotional abuse. 19 S.W.3d at 306 (emphasis in original). Moreover, these justices were expressly critical of the severe standard of proof that Owen would have required:

    [U]nder the current statutory scheme, it is highly unrealistic and inappropriate for the courts to differentiate among the perceived degrees or types of abuse that may occur or to consider whether the abuse would occur anyway so that one more instance doesn't matter. Abuse is abuse; it is neither to be trifled with nor its severity to be second guessed. . . . Justice Gonzales would also require proof of "serious emotional injury" on top of the evidence already in this case . . . Justice Hecht and Justice Owen would go further and require Doe to demonstrate that the abuse equated to physical and sexual abuse and resulted in "material impairment in the child's growth, development, or psychological functioning." …This sort of parsing among types or degrees of abuse is not indicated anywhere in the statute.

    19 S.W.3d at 307.


In addition to Justice Gonzales, Bush appointees Baker and Hankinson were in the six-justice majority that ordered the case remanded for further proceedings. Baker and Hankinson were among the group of four justices who would have held that the minor had satisfied her burden of proof under the "emotional abuse" provision and should have been granted a bypass.

In re Jane Doe 4, 19 S.W.3d 322 (Tex. 2000)

Like the prior cases, this one also involved a minor's appeal from the lower courts' denial of her application for a judicial bypass so that she could obtain an abortion without parental notification. In a 6-3 ruling, with Owen writing a dissent, the Texas Supreme Court ordered that the lower court judgments be vacated and the case remanded to the trial court for another hearing in light of Doe 1 (above), which was issued the same day as the minor's hearing in this case, and a subsequent decision, In re Jane Doe 2, 19 S.W.3d 278 (Tex. 2000). Although the Court concluded that the minor had failed to demonstrate her entitlement to a bypass, the Court held that "[n]either the minor nor the trial court should be deprived of our clarification of the law in these cases merely because the hearing occurred before the trial court, the minor, or her lawyer were aware of this Court's holdings." 19 S.W.3d at 327. Owen, however, would have denied the minor even the opportunity to present her case with the benefit of the Court's decisions in Doe 1 and Doe 2.

Texas law forbids a physician from performing an abortion on a pregnant, unemancipated minor without first giving notice to the minor's parents at least 48 hours before the procedure. See Tex. Fam. Code 33.002(a). Note this is a parental notification statute, not a parental consent law. There is, however, an exception to the statute. If the young woman can prove in a private hearing to a district judge that she is "mature and sufficiently well informed", the judge can grant her a waiver and the abortion may be performed without her parent's knowledge.

Post #27 is a lie, and I just substantiated my assertion.

389 posted on 11/12/2004 3:47:41 PM PST by Luis Gonzalez (Some people see the world as they would want it to be, effective people see the world as it is.)
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To: Askel5
So ... basically, what you're saying here is that the only way to "win" this, the fourth in a War on a Noun series, is to beat Terrorists at their own game?

It may come down to that. Samuel Huntington wasn't that persuasive the first time I read him, but he was a lot more persuasive when I reread The Clash of Civilizations last year. Amazing what seven years and several colleagues getting killed on 9/11 can do to one's perceptions.

But I'm astonished at how many people demand that we not only obey the Geneva Conventions as written, but as they wished them to be written, and then found every reason to excuse the terrorists' atrocities.

In a war, there are two sides. Those who blatantly favor one side over the other in public discourse declare their true loyalties.

I don't take kindly to your threats, Poohbah.

If you perceive my position to be a threat, then you must have a very guilty conscience.

I have no doubt whatsoever that your ilk will prevail and folks like me will be erased forever one day but until then, shove it up your paper asshole.

Ma'am, you seem to have an unhealthy interest in men's rectal orifices.

390 posted on 11/12/2004 3:50:10 PM PST by Poohbah (Crush your enemies, see them driven before you, and hear the lamentations of their women!)
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To: CWOJackson

It would indeed my friend, it would indeed.


391 posted on 11/12/2004 3:52:00 PM PST by Luis Gonzalez (Some people see the world as they would want it to be, effective people see the world as it is.)
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To: Luis Gonzalez; CWOJackson
It would indeed my friend, it would indeed.

Remember Thanksgiving, 1989?

The Berlin Wall down, freedom spreading like fire on spilled gasoline...

15 years later, it may be deja vu all over again.

392 posted on 11/12/2004 3:53:45 PM PST by Poohbah (Crush your enemies, see them driven before you, and hear the lamentations of their women!)
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To: cpforlife.org
When Gonzales was a member of the Texas Supreme Court, he voted to allow a teenager to get an abortion without notifying her parents, circumventing the notification law in that state. His vote was the tie-breaker in that decision.

The "tie-breaker" part is demonstrably false, since the decision was 6-3.

393 posted on 11/12/2004 3:54:52 PM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Poohbah
"I can tell you this much: if the GOP insists on bending over and getting kicked in the posterior by Specter, and then lets him get away with it, I'm probably going to be too busy working on other projects to do GOTV work in 2006 and 2008."

That is exactly what I mean. While you are making your "threat" in far more polite terms then many, it's still a "threat" not debate or discussion. It's a all or nothing threat. So why should the Senate continue listening to you?

Now for the sake of discussion, don't you think it's very possible that President Bush and his people have been thinking about Supreme Court nominations and how they are going to get them confirmed? I have to believe they have.

I also have to believe that they considered the fact that Spectre will be part of that process one way or the other. If not chair he could still stop a nomination if he wanted.

Again, I have to assume that they not only knew this months ago, but that also are planning how to confirm nominees they already have in mind.

But instead of fighting to get a Pro-Life nominee confirmed some people on the right are making this an abortion battle before the first nominee is named. So far the only thing these efforts has done is polarize an unnamed Supreme Court nominee and gotten the pro-abortion people into the battle.

394 posted on 11/12/2004 3:57:22 PM PST by CWOJackson
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To: Poohbah; CWOJackson
My family became very fond of Thanksgiving very quickly after our arrival here, we had a whole lot to be thankful for. It's actually become our favorite Holiday of the year.
395 posted on 11/12/2004 3:59:54 PM PST by Luis Gonzalez (Some people see the world as they would want it to be, effective people see the world as it is.)
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To: cpforlife.org

Did you miss the sarcasm in post 359? We were laughing at you and your equally hysterical buddies.

Post 325 is tedious, boring and has nothing to do with Gonzales' suitability to the position of AG. Why did you want me to read that one?

What does your opinion in post 350 have to do with anything?

I believe your assessment of Bush is dead wrong.

As far as post 184 goes. I have read that entire site previously based on one of your posts.

Do you think I don't know exactly what abortion is? Do you think I am pro-choice?

I'm strongly pro-life. Strongly.

And I think you are wrong about Gonzales.

I am ready for my next reading assignment.

But why don't you do what I suggested and READ THE OTHER POSTS ON THIS THREAD. THE ONES THAT DON'T AGREE WITH YOU.

You could really learn something.

One more time. The AG doesn't make make law.

Focus on the law makers.

Whining about every minor thing just labels you a whiner.

Spend your political energy wisely.




396 posted on 11/12/2004 4:00:12 PM PST by texasflower (Liberty can change habits. ~ President George W. Bush 10/08/04)
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To: All

Being open minded I post this:
http://www.worldnetdaily.com/news/printer-friendly.asp?ARTICLE_ID=41386

Wednesday, November 10, 2004








CHANGING OF THE GUARD
Pro-lifers not thrilled
with Gonzales choice
Bush's pick for attorney general upheld abortion on Texas court



Posted: November 10, 2004
5:00 p.m. Eastern






© 2004 WorldNetDaily.com

Pro-life activists are criticizing President Bush's choice of Alberto Gonzales to replace John Ashcroft as attorney general, worrying the White House counsel will not aggressively uphold the administration's anti-abortion stance.

Gonzales is a former member of the Texas Supreme Court, where he voted to allow a teenager to get an abortion without notifying her parents, circumventing the notification law in that state. At the time he criticized the position taken by his colleague on the court, Priscilla Owen, who voted against allowing the abortion. Gonzales said dissenting from his majority opinion "would be an unconscionable act of judicial activism."


His comments later were used by Democrats in the U.S. Senate who blocked Owen's confirmation to the 5th U.S. Circuit Court of Appeals.

Chuck Baldwin, a pastor and columnist, slammed Gonzales, citing the Texas case and stating, "Gonzales is anything but pro-life."

LifeNews.com reported not all pro-lifers condemn Gonzales for voting to allow the Texas abortion, quoting Ramesh Ponnuru, the pro-life senior editor of National Review.

"My conclusion was that while the dissenters had the better argument about how to construe the statute, the cases do not prove Gonzales to be a lawless judge, a supporter of Roe v. Wade, or even a proponent of a right to abortion," Ponnuru said.

The site pointed out there may be a silver lining to the Gonzales appointment: It takes him out of the running for a Supreme Court appointment should Chief Justice William Rehnquist leave the court due to health problems.

Tom Minnery of Focus on the Family Action, offered guarded praise for today's AG pick.

"We know the great personal regard President Bush has for Mr. Gonzales, and we wish him well in his challenging new assignment," Minnery said in a statement.

"It will now be Mr. Gonzalez's duty to defend the Partial Birth Abortion Ban Act against the federal court challenges that have blocked its implementation – a duty handled admirably by Attorney General Ashcroft. American families will also look to Mr. Gonzalez to aggressively prosecute obscenity cases against pornographers who continue to flout federal law."

Jay Sekulow, Chief Counsel of the American Center for Law and Justice, on the other hand, effused about Gonzales.

"Alberto Gonzales is an outstanding attorney who … will bring a wealth of experience to the post and a keen understanding of the law that will enable him to excel as the nation's chief law enforcement officer," Sekulow said in a statement. "Gonzales has been with the president for many years and served on the Texas Supreme Court. He will be an attorney general who will work diligently to protect America, the Constitution and the rule of law. During this dangerous time for our nation, Gonzales is the perfect person for this demanding job."

Gonzales was Bush's general counsel when he was governor of Texas and also served as secretary of state there.


397 posted on 11/12/2004 4:02:19 PM PST by cpforlife.org (The Missing Key of The Pro-Life Movement is at www.CpForLife.org)
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To: Luis Gonzalez

It's hard to comment on that friend. Thanks for sharing it.


398 posted on 11/12/2004 4:03:28 PM PST by CWOJackson
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To: CWOJackson
While you are making your "threat" in far more polite terms then many, it's still a "threat" not debate or discussion.

Yeah, it's a threat. It's one that the GOP would be wise to heed, because I know I'm not the only guy making it.

GOTV is the key to victory. It's long, hard, tedious, and unpaid work. And I do not appreciate those who waste my time. I have things I want to accomplish in this life. Some of those things, I put off so that I could do GOTV and other scutwork. So did a lot of other people. I know people who put off business startups or expansion efforts. I know people who sacrificed vacations with their families.

When Specter shot his mouth off, he gave us the finger. If the GOP Senate caucus lets him do what he threatened to do just days after the election, then we will have lost an opportunity...and all of us GOTV volunteers will have gotten 54 more birds flipped to us.

All I can judge Specter by is his statements before things started getting uncomfortable for him...and those statements do not fill my heart with optimism.

If the feedback I get on my work is "Well, it wasn't that important," then I'm going to find something else to do with my time.

399 posted on 11/12/2004 4:07:50 PM PST by Poohbah (Crush your enemies, see them driven before you, and hear the lamentations of their women!)
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To: CWOJackson

I always think about Jimmy about this time of the year, when football's on TV and thoughts of a Thanksgiving table start to float around in my head.


400 posted on 11/12/2004 4:09:21 PM PST by Luis Gonzalez (Some people see the world as they would want it to be, effective people see the world as it is.)
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