# Can Democrats actually stop the nomination of Brett Kavanaugh?

**URL:** <https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733>\
**Category:** Politics & Elections\
**Created:** [September 4, 2018, 12:49pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733 "2018-09-04T12:49:41Z")\
**Posts on this page:** 20\
**Page:** 239

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**Author:** ![monstro](https://avatars.discourse-cdn.com/v4/letter/m/ba9def/32.png) [@monstro](https://boards.straightdope.com/u/monstro)\
**Post date:** [September 28, 2018, 1:34pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4761 "2018-09-28T13:34:53Z")

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CNN is showing Flake getting shouted at by rape victims who have cornered him in a elevator. It’s powerful stuff.

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**Author:** ![XT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/xt/32/456_2.png) [@XT](https://boards.straightdope.com/u/XT)\
**Post date:** [September 28, 2018, 1:37pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4762 "2018-09-28T13:37:41Z")

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> [@Ravenman](#):
>
> Serious question: you are at work and you receive an allegation of serious wrongdoing. But, the accuser insists that they must remain anonymous. They also insist that the allegation not be made public.
> 
> Would you ignore that request for anonymity?

Uh…we are talking about attempted rape here. Yeah, I’d ignore the request for anonymity and probably hand this over to the police to investigate. I guess if I were a big time senator I’d speak to legal first and see if I should do that or turn it over to the FBI…whichever makes the most legal sense (I have no idea).

Probably why I wouldn’t be elected to dog catcher though (I really like dogs, too, so it’s a shame)…

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**Author:** ![AK84](https://avatars.discourse-cdn.com/v4/letter/a/85e7bf/32.png) [@AK84](https://boards.straightdope.com/u/AK84)\
**Post date:** [September 28, 2018, 1:39pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4763 "2018-09-28T13:39:03Z")

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> [@you\_with\_the\_face](#):
>
> I also noticed that, in contrast to her demeanor with Ford, she was serious and flat with him. No self-deprecating remarks, no earnest smiles. She was all business with him. None of this should be surprising since she is a prosecutor, but how in the hell did the Republicans miscalculate so badly? It was almost as if she was working for the Dems.

I think with the greatest amount of respect, you are projecting your own biases.  
I have examined probably several hundred witnesses over 10 years at the Bar. Professor Ford was a layperson. Judge Kavanaugh was not. With the former you are always friendly and attempting to put them at ease, even hostile witnesses. With professionals (like say Police officers or you know a judge), lot more matter of fact and businesslike since they know the score.

Ms Mitchell did what she was instructed to do by those who engaged her. With Professor Ford, she obtained material that the Republicans wanted, stuff to attack the Democrats. With Kavanaugh, she took him over the the evidence and elicited denials. Again, what they wanted her to do. If they had told her to do a hard cross on Professor Ford, she could have done so, but she was obviously under orders to go easy.

Someone should look to see if there are any open Federal Judgeships in Arizona, since, won’t be surprised if she gets nominated. Or would that be too cynical.

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**Author:** ![RTFirefly](https://avatars.discourse-cdn.com/v4/letter/r/c77e96/32.png) [@RTFirefly](https://boards.straightdope.com/u/RTFirefly)\
**Post date:** [September 28, 2018, 1:39pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4764 "2018-09-28T13:39:57Z")

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> [@XT](#):
>
> Probably why I wouldn’t be elected to dog catcher though (I really like dogs, too, so it’s a shame)…

To vote for Kavanaugh for dog catcher, OTOH, I’d have to really _hate_ dogs.

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**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\
**Post date:** [September 28, 2018, 1:40pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4765 "2018-09-28T13:40:14Z")

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Breaking: Flake is a yes.

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**Author:** ![RTFirefly](https://avatars.discourse-cdn.com/v4/letter/r/c77e96/32.png) [@RTFirefly](https://boards.straightdope.com/u/RTFirefly)\
**Post date:** [September 28, 2018, 1:44pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4766 "2018-09-28T13:44:05Z")

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> [@monstro](#):
>
> CNN is showing Flake getting shouted at by rape victims who have cornered him in a elevator. It’s powerful stuff.

Confirmation [from the AP](https://twitter.com/AP/status/1045668439094964224): Flake will vote to confirm Kavanaugh.

Hope that elevator got stuck between floors.

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**Author:** ![iiandyiiii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iiandyiiii/32/7924_2.png) [@iiandyiiii](https://boards.straightdope.com/u/iiandyiiii)\
**Post date:** [September 28, 2018, 1:44pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4767 "2018-09-28T13:44:44Z")

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With Flake a yes, that means they need only one more maybe. I expect they’ll get it, sadly. The Republican party remains the party of tolerating sexual assault and rape, to the point of promoting and celebrating credibly accused assaulters and rapists.

On the bright side for Democrats, if they get either the House or Senate, they can investigate and subpoena to their heart’s content. Maybe they’ll even be able to get Judge on record and under oath. They won’t have the votes to impeach Kavanaugh, but if Judge reveals that any of Kavanaugh’s statements are lies, and possibly other accusers or witnesses come forward, Kavanaugh may be forced to step down. And if the Democrats gain the Senate, they can feel free to pull a Merrick Garland on any and every Trump nominee, since that will certainly be the standard procedure going forward; Mitch McConnell proved there are no electoral consequences for holding SCOTUS seats empty.

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**Author:** ![Ravenman](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ravenman/32/2929_2.png) [@Ravenman](https://boards.straightdope.com/u/Ravenman)\
**Post date:** [September 28, 2018, 1:46pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4768 "2018-09-28T13:46:44Z")

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> [@XT](#):
>
> Uh…we are talking about attempted rape here. Yeah, I’d ignore the request for anonymity and probably hand this over to the police to investigate. I guess if I were a big time senator I’d speak to legal first and see if I should do that or turn it over to the FBI…whichever makes the most legal sense (I have no idea).

So you would feel comfortable that you are a better judge than the accuser on whether the charges should be made public? Why would you feel that you are in a better position to light the fuse that would inevitably lead to the catastrophic disruption of the lives of both the accuser and the blamed? (To say nothing of the chance that the allegations may be false.)

I think this is an extremely difficult ethical question, and those who believe there’s an easy answer are fooling themselves.

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**Author:** ![XT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/xt/32/456_2.png) [@XT](https://boards.straightdope.com/u/XT)\
**Post date:** [September 28, 2018, 1:52pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4769 "2018-09-28T13:52:34Z")

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> [@Ravenman](#):
>
> So you would feel comfortable that you are a better judge than the accuser on whether the charges should be made public? Why would you feel that you are in a better position to light the fuse that would inevitably lead to the catastrophic disruption of the lives of both the accuser and the blamed? (To say nothing of the chance that the allegations may be false.)
> 
> I think this is an extremely difficult ethical question, and those who believe there’s an easy answer are fooling themselves.

If someone brought me an affidavit claiming a crime was committed (a rape in this case) I wouldn’t feel comfortable just sitting on it. They are, after all, bringing it to me, unasked for, so to me that means they are putting this on my judgement of what I think should be the next step. Sadly, I’m not an LEO or a lawyer (or even someone with much if any understanding of legal matters beyond ‘don’t drink and drive’ and ‘shooting someone is bad’…oh, plus ‘never talk back to officers who pull you over’), so my call would be to give what I have to them to sort it out.

If the allegations are false, then that’s something for LEO types to determine. Even if they are true but they can’t be sustained in a court, that’s again something for LEO types to figure out. I’m sorry if the accuser gets blamed…really. But if there was a crime, then the professionals should be looking into it. That’s just me. YMMV of course, but to me if you sit on information about a crime that’s never a good thing, so to me it really is that easy.

Which is probably why no one would (or should) bring stuff like this to me.

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**Author:** ![Ravenman](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ravenman/32/2929_2.png) [@Ravenman](https://boards.straightdope.com/u/Ravenman)\
**Post date:** [September 28, 2018, 1:59pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4770 "2018-09-28T13:59:35Z")

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> [@XT](#):
>
> If someone brought me an affidavit claiming a crime was committed (a rape in this case) I wouldn’t feel comfortable just sitting on it. They are, after all, bringing it to me, unasked for, so to me that means they are putting this on my judgement of what I think should be the next step.

I fail to see how someone can simultaneously say, quite literally, “Please keep this private!” and imply that you should do what you want with the information. That makes no sense.

If you wanted to argue that some matters are too important to agree to confidentiality, I can see that in some cases. Like, for example, a young child who tells a teacher in confidence that they are being abused by their parent. I have a hard time seeing this scenario as fitting in with that same extreme case.

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**Author:** ![XT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/xt/32/456_2.png) [@XT](https://boards.straightdope.com/u/XT)\
**Post date:** [September 28, 2018, 2:05pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4771 "2018-09-28T14:05:30Z")

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> [@Ravenman](#):
>
> I fail to see how someone can simultaneously say, quite literally, “Please keep this private!” and imply that you should do what you want with the information. That makes no sense.
> 
> If you wanted to argue that some matters are too important to agree to confidentiality, I can see that in some cases. Like, for example, a young child who tells a teacher in confidence that they are being abused by their parent. I have a hard time seeing this scenario as fitting in with that same extreme case.

If you say ‘Please keep this private!’ but then give it to me, then the decision comes to me. If you don’t like that then don’t put this on me. I’m sorry that doesn’t make sense to you, but then you aren’t me and vice versa. I would honor a request to keep something private, even if you are volunteering information I’m not asking you to divulge if it was for something less than a major crime. Divulge to me your obsession with cat videos or desire to eat glue paste, or even your use of drugs or alcohol in the past and, even though I didn’t ask you to do so I’d honor your request to keep it private. Tell me you witnessed a murder or you were raped though? Sorry…if you don’t want me to use my judgement then don’t give it to me.

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**Author:** ![you\_with\_the\_face](https://avatars.discourse-cdn.com/v4/letter/y/ecccb3/32.png) [@you\_with\_the\_face](https://boards.straightdope.com/u/you_with_the_face)\
**Post date:** [September 28, 2018, 2:07pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4772 "2018-09-28T14:07:13Z")

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> [@AK84](#):
>
> I think with the greatest amount of respect, you are projecting your own biases.

Okay, really? Perhaps the opinions of Republicans will persuade you,

[https://www.politico.com/story/2018/09/27/gop-senators-outside-ford-questioner-mistake-849246](https://www.politico.com/story/2018/09/27/gop-senators-outside-ford-questioner-mistake-849246)

> [@](#):
>
> ” **Rachel Mitchell not only is not laying a glove on her, but, in my view, is actually helping her credibility by the gentility with which these questions are being asked and the open-ended answers that the witness is being permitted to give** ,” Trump ally and former Judge Andrew Napolitano said on Fox News. “The president cannot be happy with this.”…
> 
> As the hearing continued with testimony from Kavanaugh in the afternoon, Republicans soon pushed Mitchell aside. She asked a couple of a rounds of questions at the outset of the session, laying out a definition of sexual activity and asking whether he’d ever engaged in such actions with Ford, which Kavanaugh denied.
> 
> Mitchell also asked him about drinking to the point of “blackout,” which he again denied. \*\*She may have actually done some damage to the nominee by beginning to question him about a party mentioned on his calendar, which appeared to involve at least two people Ford identified as being at the event where she says she was attacked. \*\*But Mitchell never returned to complete that line of questioning.

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**Author:** ![AK84](https://avatars.discourse-cdn.com/v4/letter/a/85e7bf/32.png) [@AK84](https://boards.straightdope.com/u/AK84)\
**Post date:** [September 28, 2018, 2:08pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4773 "2018-09-28T14:08:47Z")

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> [@Ravenman](#):
>
> So you would feel comfortable that you are a better judge than the accuser on whether the charges should be made public? Why would you feel that you are in a better position to light the fuse that would inevitably lead to the catastrophic disruption of the lives of both the accuser and the blamed? (To say nothing of the chance that the allegations may be false.)
> 
> I think this is an extremely difficult ethical question, and those who believe there’s an easy answer are fooling themselves.

Yes actually. A crime is an offence against the State. That’s what differentiates it from a civil action. The party going to Court is the State, not the accuser. We regularly see the State moving forward despite the victims wishes. About half of all Domestic Violence cases are initiated despite the victim not wanting to go forward.

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**Author:** ![iiandyiiii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iiandyiiii/32/7924_2.png) [@iiandyiiii](https://boards.straightdope.com/u/iiandyiiii)\
**Post date:** [September 28, 2018, 2:10pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4774 "2018-09-28T14:10:53Z")

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> **[E-mails Show That Republican Senate Staff Stymied a Kavanaugh Accuser’s...](https://www.newyorker.com/news/news-desk/e-mails-show-republican-senate-staff-stymied-a-kavanaugh-accusers-effort-to-give-testimony)**
>
> Lawyers for Deborah Ramirez tried to schedule calls about her coöperation with the Senate Judiciary Committee.

GOP Senate staffers tried to prevent Kavanaugh accuser Deborah Ramirez from providing testimony. Not surprised at all. And not surprised that the Republican Senators lied about it during the hearing, and are still going to support Kavanaugh.

The party of tolerating rape and sexual assault. That’s what they are right now.

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**Author:** ![monstro](https://avatars.discourse-cdn.com/v4/letter/m/ba9def/32.png) [@monstro](https://boards.straightdope.com/u/monstro)\
**Post date:** [September 28, 2018, 2:12pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4775 "2018-09-28T14:12:56Z")

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They are the Rapeublican Party now.

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**Author:** ![Snowboarder\_Bo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/snowboarder_bo/32/229_2.png) [@Snowboarder\_Bo](https://boards.straightdope.com/u/Snowboarder_Bo)\
**Post date:** [September 28, 2018, 2:13pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4776 "2018-09-28T14:13:27Z")

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[Kavanaugh wrongly claims he could drink legally in Md.](https://apnews.com/e4a48c01f3bf4094b9faea33cd049729/Kavanaugh-wrongly-claims-he-could-drink-legally-in-Md.)

> [@](#):
>
> Supreme Court nominee Brett Kavanaugh has repeatedly said that he was legally allowed to consume beer as a prep school senior in Maryland. In fact, he was never legal in high school because the state’s drinking age increased to 21 at the end of his junior year, while he was still 17.

> [@](#):
>
> Pressed at the hearing about his drinking habits in high school, he again claimed he had not broken the law.
> 
> “Yes we drank beer, my friends and I, boys and girls. Yes, we drank beer. I liked beer. I still like beer,” he said. “The drinking age as I noted was 18, so the seniors were legal. Senior year in high school, people were legal to drink.”
> 
> At another point, Kavanaugh, who has denied all of Ford’s accusations, stated correctly that the drinking age had been 18 in Maryland for “most” of his time in high school, but the age limit had been at 21 for more than seven months before his 18th birthday.

> [@](#):
>
> There was a grandfather clause in the Maryland law, but only for those who were 18, 19 or 20 on the day the increase went into effect, thereby not including Kavanaugh.
> 
> Alcoholic consumption by Kavanaugh also would have been illegal during notorious Beach Week, an annual trip to the Eastern Shore that involved heavy drinking, according to numerous eyewitness accounts.

Why should we respect the law or the Supreme Court if he is seated as a Justice? Why should we respect Congress if he is confirmed?

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**Author:** ![AngelSoft](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/angelsoft/32/440_2.png) [@AngelSoft](https://boards.straightdope.com/u/AngelSoft)\
**Post date:** [September 28, 2018, 2:13pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4777 "2018-09-28T14:13:27Z")

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He’s going to get his spot on the SC. Nothing that could have been said or brought up would have ever changed that. They could have had a video of him stomping a puppy to death and would have excused it as the poor thing was on fire and he was just trying to put it out. I just have no faith in this country any more to be honest. It’s going to hell in a rocket powered hand basket and running over any decent people who are in the way. At this point I’m just looking for a way to move to Canada though unfortunately marriage is looking to be the only way. Any takers? I make some damn fine Japanese style curry.

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**Author:** ![iiandyiiii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iiandyiiii/32/7924_2.png) [@iiandyiiii](https://boards.straightdope.com/u/iiandyiiii)\
**Post date:** [September 28, 2018, 2:15pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4778 "2018-09-28T14:15:24Z")

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Looking like he’ll get through right now. But there could be a silver lining for Democrats, as I said before: if they win either the House or Senate, there will be more investigations into Kavanaugh, with the subpoena power.

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**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\
**Post date:** [September 28, 2018, 2:15pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4779 "2018-09-28T14:15:24Z")

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Feinstein did, eventually, turn the letter over to the FBI. Did she have Ford’s permission when she did that? I can’t remember if that was ever reported.

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**Author:** ![XT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/xt/32/456_2.png) [@XT](https://boards.straightdope.com/u/XT)\
**Post date:** [September 28, 2018, 2:16pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4780 "2018-09-28T14:16:53Z")

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> [@Snowboarder\_Bo](#):
>
> [Kavanaugh wrongly claims he could drink legally in Md.](https://apnews.com/e4a48c01f3bf4094b9faea33cd049729/Kavanaugh-wrongly-claims-he-could-drink-legally-in-Md.)Why should we respect the law or the Supreme Court if he is seated as a Justice? Why should we respect Congress if he is confirmed?

Two reasons. First, you don’t throw the baby out with the bathwater…instead, you vote in a new baby. Second, you live here…if you really don’t want to respect the laws of the land simply because there are flawed people in positions of power (as if this hasn’t been the case since the founding of the country) you should probably move somewhere else to avoid being incarcerated by the very people you don’t want to respect.

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