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Wednesday, May 14, 2008

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"-- Pay attention. And also appreciate that I try to not just write what everyone else is writing about unless I can find some different perspective. --"

Oh shits! Dan has some different perspective on the Edwards endorsement! Let's see what we've got - "pissant trial lawyer" cause that hasn't been beaten to death nearly as much as "glamour boy". Omg! Haircut! And he's a big infamous loser to boot. We've hit the trifecta of wingnut talking points. A revolutionary new perspective, without a doubt.

And the kicker... "Really, who cares?"
Brilliant! Editorial Genius! Truly blazing new frontiers! Commenting on a subject that even the author admits he doesn't care about! Someone get The Washington Post on the phone and let them know we have a replacement for David Broder.

"He's a pissant trial lawyer."

Please tell this to the little girl who had her bowels sucked out by the known to be faulty hot tub, thus requiring millions of dollars in lifelong health care costs.

You, my friend, just don't get it. There are companies out there profiting by making unsafe products. And the only justice is trial lawyers.

How would YOU feel if your little girl was nearly killed and required millions of dollars and painful inconvenient medical care for the rest of her life.

"He's a pissant trial lawyer."

Please tell this to the little girl who had her bowels sucked out by the known to be faulty hot tub, thus requiring millions of dollars in lifelong health care costs.

You, my friend, just don't get it. There are companies out there profiting by making unsafe products. And the only justice is trial lawyers.

How would YOU feel if your little girl was nearly killed and required millions of dollars and painful inconvenient medical care for the rest of her life.

Give it a rest, jharp. Everyone knows that along with the solid cases, lawyers like Edwards suck the bowels out of the economy through frivolous suits. Ben Casey he ain't. I heard he took up running just to catch more ambulances.

And you idiots go on about taxing the rich while Edwards et al get rich from preying on juror's emotions. Spare me the sanctimony.

Ladies and gents the next AG of the US sucks up to the mile high guy.

Got any examples of "frivolous lawsuits" Edwards brought to court?

Why do you say, "Yawn" Right here as the curtain rises on ACT 2; Scene 1?

Edwards is cute. No, "pretty". (Your Playbill will show you that Tom Cruise is his understudy). Edwards is courting Obama for VicePresident - a potential delivery of the Blue Collar voting-block that Obama hasn't yet reached (because Hillaria's big butt keeps getting in the way).

Besides, don't you relish the weekly fireworks that will be errupting everytime Elizabeth Edwards and Michelle Obama upstage each other over the next 8+ years?!

The Dems are providing legitimate theater! It's just gift that keeps on giving...

Enter John Edwards, Stage Left.

"And you idiots go on about taxing the rich while Edwards et al get rich from preying on juror's emotions."

No. You are quite mistaken.

The jurors listen to the evidence and base their decision on the law. There are such thing as appeals in case the jury "bases their decision on emotions".

What do think, Dan. Get rid of the jury system? Just let King George decide?

You are an extraordinary phony. One of the few processes we leave up to the citizens and you criticize.

Let's just let our government handle it. Right?

"lawyers like Edwards suck the bowels out of the economy through frivolous suits"

Again, you are completely full of shit.

And you have no evidence to support your ludicrous claim.

What do you call the company that knowingly sold a defective hot tub causing catastrophic injuries? Huh? A good solid contributor to the economy?

Wonder how you'd feel if was YOUR daughter.

Guys like John Edwards are folks like us only chance for justice.

jharp, get real. Silky made his millions convincing juries (brain dead) that he could channel the thoughts of a child from the womb and such BS as that. His money came from 'malpractice' insurance and we're all paying the bill every time we go to a doctor.
You'll pay thousands of dollars extra (insurance for the Dr) for your mental health treatment for BDS. Remember now, GWB is going back to Tx and enjoy his ranch and do a little fishing come Jan 09 and he's leaving you with your piss ant life of never accomplishing anything. Whining doesn't count as anything.

Scrapiron,

You have the brain of scrap iron.

"that he could channel the thoughts of a child from the womb and such BS as that"

Please enlighten me as to what the hell this means.

"His money came from 'malpractice' insurance."

No shit. Good one. So what is your solution for people seriously hurt with lifelong injuries due to malpractice? Let the government decide.

"and we're all paying the bill every time we go to a doctor."

Again, no shit. What's your solution?

"Remember now, GWB is going back to Tx and enjoy his ranch and do a little fishing come Jan 09"

Yes he is. And you and I will begin to pay the bills he left us with.

How's that make you feel?

It's nice that Scapiron and Dan think companies should be able to kill and main their customers with no penalty. I got a feeling if it would have been their kid that got her insides sucked out, they wouldn't be so understanding.

And Edwards wasn't channeling the thoughts of an unborn. His most famous case was for a 12 year old.

You can read about it here:

http://www.monkeytime.org/lakey.html

WPE,

Thanks for posting. I read the whole thing and encourage everyone to do the same.

John Edwards is a hero. Thank God for men like him. Can't imagine how pissed I'd be if it was my daughter.

Silky made his millions 2-1 on whatever awards he got for the hot tub girl, and most other cases along those lines.

In other words, Silky didn't do it out of the mercies of his heart for a pittance above court costs, he took home easily 50% or more (likely 75%) of the award in his pocket.

Hot tub girl might have been an exceptional case, but for every legitimate case on the docket, the courts are loaded sky high with all sorts of other "spilled my coffee" frivolity that screams for tort reform.

John Edwards Stakes His Claim on Pirate Booty

http://tinyurl.com/23f7hm

"Biggest shareholder: New York-based Fortress Investments, a private equity and hedge fund manager. Senior adviser and major investor: John Edwards."

Maybe he can pay a windfall profits tax on his share.

You've got a company with a product they knew had problems they continued to sell that then ruined the life of at least one kid. And somehow you make Edwards into the villian here but the company gets a pass. Had the any of your kids had their insides sucked out and life ruined, you'd have done the exact same thing. Sued the bastards.

"they knew had problems they continued to sell that then ruined the life of at least one kid."

It's more than that, my friend. I am certain the Mom, Dad, Aunts, Uncles, Brothers, Sisters were also deeply affected by it.

Here's an article on Edwards channeling the words of an unborn baby girl.....

http://www.nationalreview.com/kob/kob200402050836.asp

"Hot tub girl might have been an exceptional case, but for every legitimate case on the docket, the courts are loaded sky high with all sorts of other "spilled my coffee" frivolity that screams for tort reform."

seeker,

You have been admonished previously about bearing false witness and you are doing it again.

Are you really a Christian?

"he took home easily 50% or more (likely 75%) of the award in his pocket."

Sorry seeker,

Double confession for you.

More bearing false witness.

"If John Edwards cares so much about the little people why did he strenuously oppose a bill in the North Carolina Legislature that would have set up a fund care for every baby born with cerebral palsy?

Because the bill would have removed the massive damages that lawyers like him have been able to extract from cerebral palsy cases. I guess this says a great deal about John Edwards' humanity and his moral priorities. "

http://www.brookesnews.com/041207johnedwards.html

Lala,


I'm confused. From your link....

"The poor child whose words Edwards shared with the North Carolina jury suffered brain damage that Edwards hoped to pin on the obstetrician who failed to heed a fetal heart monitor's distress signals."

And the jury listened to the evidence and rendered a verdict. Why do you have a problem with that.

"Edward's clients won a $6.5 million verdict in that cerebral-palsy case"

So, Mr. "i hate trail lawyers" how much does it cost for the lifetime care of cerebral palsy victim due to malpractice?"

And here I thought right wingers believed the unborn were due the same rights as the born.

I really cannot believe the nonsense I read posted here.

Lala,

"If John Edwards cares so much about the little people why did he strenuously oppose a bill in the North Carolina Legislature that would have set up a fund care for every baby born with cerebral palsy?

Because he believed the ones responsible should pay.

NOT the taxpayers you dumb ass.

I guess you learned well from the right wing talking heads.

Privatize profits. Socialize losses.

Do you even think about these issues or can you not understand them?

Please I'd like to know?

JHarp,
This is my last reply to you. I do not reply or discuss anything with people who call me names.

You are a very rude person.

"--- More bearing false witness. ---"

How so?

Perhaps I should have prefaced my statement regarding Silky's cut of Hot Tub Girl's award money as a "he likely took 50% or more of it", that is, being the lion's share of the award, instead of saying definitely that he took the 50%.

I am not privy to the exact payout she got from the judge, nor what Silky's exact cut was - so for that, I apologize. For all I know, he could have done that particular case pro bono... but all other things being equal, you don't scrape up the dough needed to buy a 28,000 square foot mansion/roofed village just by filing DBA's and making people's last wills.

Or am I wrong in thinking that the trial attorneys usually get paid a large percentage of their client's award?

And yes, I firmly believe that the courts are quite heavily loaded with personal injury cases of dubious validity. I can't say for certain that Hot Tub Girl is one of those cases, for on the face of your description of it, it sounds like a valid case.

Yet I have no compelling need to prove or disprove that case's validity.

As I said, there are likely a good many valid cases where trial attorneys can make the difference, but far more are the fluff that fill their bank accounts.

Bulldog O'Hanrahan has that silly full-page rear cover full-colour advert of his shyster practice for a good reason, and it ain't because he is so genuinely interested in the well being of his clients as he is in their money.

Seek,
How about this lawsuit and make sure to read the comments

http://gothamist.com/2008/05/13/35k_settlement.php

Lala,

I was only trying to make a point.

Your links to brookesnews and national review are obviously right wing propaganda and neither have any interest in getting to the heart of the real issue. And both are hurting America.

Thus, I get upset as these are real issues that affect real Americans.

I am sorry for calling you a dumbass. Nothing personal. I was just pissed at the nonsense you posted.

Peace.

"--- "Edward's clients won a $6.5 million verdict in that cerebral-palsy case" ---"

OK. Take 2, as it were.

How much of that $6.5M did Edwards get, and how much of that remained with the clients after court costs and taxes?

I am not a betting man, but I consider that it would be a LOT less than a lifetime of care for cerebral palsy.

The award may be fair (especially were it to be tax-free and ammortized over the reasonable period of time) for the defendant to pay out, in order to cover the costs of medical care.

My point, jharp, is that the trial attorney's cut is disproportionately high in most cases, to the due award of the (legitimate) cases.

Stuff like that cerebral palsy malpractice and Hot Tub Girl (assuming it is as you say) would pass muster in my book.

Stuff like spilling a cup of MacDonald's coffee or suing because you crammed way too many french fries in your maw made you tubby is ludicrous though.

seeker,

You might be surprised when you read the details of the famous McDonalds hot coffer case.

http://www.lectlaw.com/files/cur78.htm

"My point, jharp, is that the trial attorney's cut is disproportionately high in most cases, to the due award of the (legitimate) cases"

Then that is the point that should be addressed. It is disingenuous to do otherwise.

And I think when you study it further you'll find the system we have in place works pretty well.

And I do not propose there are not frivolous lawsuits. They clearly happen. And there are probably unjust verdicts too. On both sides.

To attack John Edwards for getting justice and compensation for his clients is immoral and wrong. That is my point.

Hey Harpo your ambulance chasing hero is a big reason for the outrageous cost we pay for healthcare that you and Lame-O keep bitching about. The costs we all pay for litigation has helped to fill his pockets with money that your doctor could have used to buy new equipment and employ more staff.

From 1975--2003 the cost of medical malpractice lawsuits has risen more than 2,000% to $26.5 billion, according to Tillinghast, an actuarial consultancy. (Source: The Economist, December 2005)

4 in 10 malpractice lawsuits are BS but I'm sure the Breck Girl would never do such a thing.

75% of neurosurgeons no longer operate on children. (Alliance of Specialty Medicine, Feb. 17, 2005) Each year, medical liability suits are filed against 50% of neurosurgeons. (Archives of Internal Medicine, June 14, 2004)

One in seven Obstetricians no longer delivers babies. (ACOG, Medical Liability Survey, July 19, 2004)

You cite one little girl that had her insides sucked out in a tragic accident. This is the case that made him famous and also happened to line his pocket to the tune of about 2.5 million alone.

He is a pro-abortion democrat that finds no problem with sucking the brains out of other little girls. How about a little outrage for the thousands of late term abortions that are performed in this country each year. These are just a drop in the bucket compared to the 45 million babies that have been butchered in this country since Row v Wade.

According to the American Medical Association, this procedure has four main elements. First, the cervix is dilated. Second, the fetus is positioned for a footling breech. Third, the fetus is extracted except for the head. Fourth, the brain of the fetus is evacuated so that a dead but otherwise intact fetus is delivered via the vagina. We wouldn't want the little parasite to make it out alive now would we?

This doesn't even touch the fact that he claims to be for poor folks. In 2006 he made almost $300,0000 for fees to talk on college campuses about - poverty.

Others have already mentioned him having to divest millions in his subprime relationship.

I remember he and Gengis Kerry going to a Wendy's for a photo op and as soon as the camera was off they tossed the food in the trash and got some snobby take-out instead.

He is a blood sucking leech and hypocritical scumbag but you just go on getting high off of the smoke he blows out of his ass!

"How so?"

"I think you answered your own question.

Perhaps I should have prefaced my statement regarding Silky's cut of Hot Tub Girl's award money as a "he likely took 50% or more of it", that is, being the lion's share of the award, instead of saying definitely that he took the 50%.

I agree.

I am not privy to the exact payout she got from the judge, nor what Silky's exact cut was - so for that, I apologize. For all I know, he could have done that particular case pro bono...

I agree.

"Or am I wrong in thinking that the trial attorneys usually get paid a large percentage of their client's award?"

I think a percentage agreed upon by both parties is a better term. And there are plenty of lawyers out there and everyone is welcome to shop around for the best value.

You certainly don't have a problem with capitalism I would assume.

"Medical malpractice costs are a tiny percentage of overall health care expenditures. Medical malpractice insurance and claims costs represent, at most, only 2 percent of overall health care spending in this country, according to both the Congressional Budget Office and the General Accounting Office."

Just imagine this, SacTown.

Thanks to George Bush and the incompetence of the GOP the man you call "blood sucking leech and hypocritical scumbag and ambulance chasing hero"
is most likely to be the next attorney general of the United States.

And with a democratic controlled Congress (now at 239 to 199 and growing) and Senate there isn't going to be dam thing the republicans can do about it.

Put that in your pipe and smoke it.

Disclaimer: I think our posts are crossing, so FWIW... here goes with a repost after my network timed out...

- - - - - - - - - - -

Yikes, that female could easily be mistaken for a male from the picture.

If I were the judge, I'd find for the defendant though: if her credentialed ID (driver license, passport, military ID card, that sort of thing) states that she is a female, then she is a female.

The award might be a tad high, I'd have not gone higher than $5,000, and adoption of a policy that bouncers demand and inspect ID when it is present to them.

Turning to the link-within-the-link you undoubtedly intended for me to see...

http://www.tortdeform.com/archives/2006/09/why_you_should_be_able_to_sue.html

I'd have to re-assess my ill-formed opinion of the McDonald's Coffee Lady.

Her award seems fair (under $1M USD) in light of the reductions the judge made, and hopefully, it wasn't all eaten away by the tax man and her attorney.

But I hope you get my drift otherwise, that judges should reign in tort frivolity by considering correctly the damage done vs. the reasonable scope of the award.

In Coffee Lady's case, I believe the judge did the right thing in adjusting the award. I wish that he also had jurisdiction to set reasonable limits on the attorney's fees, but that is a matter between the client and the attorney.

"--- You certainly don't have a problem with capitalism I would assume. ---"

Not at all, although I find it ironic that a man (Edwards) whose fortune is made upon the miseries of others would have anyone believe that he is a "man of the little people".

He is what he is - an actor (read: hupokrites i.e. _hypocrite_) after a fashion for trying to get us to believe that he is such a populist and a fighter for the proletarian when he is a "capitalist" (though more in the "makes a ton of money" sense rather than the economic sense of using his capital to drive the economy).

I say drop the pretense and be what you are - a successful multi-millionaire personal injury lawyer whose purpose is to make more millions.

That's just me though, y'now? A man's got to eat, and also get a fair wage for his stock and trade (which for a lawyer, as Lincoln once posited, is his time).

What is fair trade for you and me is not necessarily fair for the likes of Edwards, although raking in millions for a winning a case seems to be a bit high to me.

Sac,
This is from 2003 but it outlines the problems with malpractice in New York and it talks about the problems with mammography centers. There was something in the paper recently but I haven't found it yet, something about the state setting up a malpractice fund.

http://query.nytimes.com/gst/fullpage.html?res=9804E6D71431F936A15756C0A9659C8B63&sec=&spon=&pagewanted=all

"What is fair trade for you and me is not necessarily fair for the likes of Edwards, although raking in millions for a winning a case seems to be a bit high to me."

Maybe, maybe not. I guess in this great country of ours the same opportunity is available to us. And if enough of us do it the competition will make the price come down.

What I find outrageous is the Anthony Mozillas (Countrywide CEO) of the the world.

Cashed in 100 million while the shareholders lost about 38 billion under his leadership. And without a taxpayer bailout would have been worse.

You guys need to re evaluate whom you consider slime.

Lala,

With all due respect I'd like to point out a flaw in your approach.

You are coming to a conclusion and then searching for data to support your conclusion. It might make you feel like you were right when you find something but it is not a valid research technique.

There very well might have been a problem in New York in 2003. So what?

A problem 5 years ago in one state is not representative of whole country and more than likely the problem was addressed.


This is from 2003 but it outlines the problems with malpractice in New York and it talks about the problems with mammography centers. There was something in the paper recently but I haven't found it yet, something about the state setting up a malpractice fund.

http://query.nytimes.com/gst/fullpage.html?res=9804E6D71431F936A15756C0A9659C8B63&sec=&spon=&pagewanted=all

Posted by: Lala

Wow Harpo snappy come back with the BDS rant!

I just can't see President McCain picking the Breck Girl as AG.

Sorry but your boy Barry sounds like the expert on pipe smoking and drug use.

Given the number of posts you make here you are a serious candidate for carple tunnel syndrome.

Dan is right, you really need to give it a rest.


seek,

"I'd have to re-assess my ill-formed opinion of the McDonald's Coffee Lady.

Her award seems fair (under $1M USD) in light of the reductions the judge made"

And just imagine where she would have ended up without one of those "evil" trial lawyers.

I thank you for taking the time to take a closer look at the issues.

"Dan is right, you really need to give it a rest."

No, I won't give it a rest.

I will not stand by idly while the right wing propagandists spread misinformation that is destroying our country.

You and Dan should be ashamed of yourselves.


Hi Dan and friends.....At this point Obama could put me on as VP and McCain would be crushed.The GOP House is still snoozing and McCain is making the Dems look conservative....oh greetings from Iraq

j "Race-card, Double-post" harp, I hope you will be able to take solace from this beautiful prose composed extemporaneously at a Cannes press conference by Sean "Big Nose" Penn. He said:

"”I don't have a candidate I'm supporting and I'm certainly interested and excited by the hope that Barack Obama is inspiring,” he said, but went on to accuse him of a “phenomenally inhuman and unconstitutional” voting record.

”I hope that he will understand, if he is the nominee, the degree of disillusionment that will happen if he doesn't become a greater man than he will ever be,” Penn said."

What clarity, what audacity, what love of change, what perspicacity, what hope. I am certainly interested, excited, and inspired by these great words from one of our nation's foremost Constitutionalists. There is no doubt in my mind that this showbiz titan will become a phenomenally far greater man than he will ever be. What do you think, Haaarrppooo?

BTW, great to hear from you Darth. Hope all is well with you.

Harpo proclaims: "I will not stand by idly while the right wing propagandists spread misinformation that is destroying our country."

Harpo is the surely the George Washington of our times. How I admire him. As Borat would say..........NOT. Last evening Fred Barns called Bridal Cake Boy's endorsement of Obama a "profile in caution" (referring to JFK's book "Profiles in Courage"). The reason is Edwards is boldly going where almost every other Dem has already gone...for Obama. What elan! L'audace, l'audace, toujures l'audace.

Hiya DM! I hope things are going well for you in the Sandbox, and that by God's grace, you'll be kept safe and returned home soon.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

For jharp:


"--- And just imagine where she would have ended up without one of those "evil" trial lawyers. ---"

If I read the case matter correctly, she originally was willing to settle for $20,000 out of court. The late Ms. Liebeck's hospital bill was $11,000. The final settlement was for an undisclosed amount under $600k, although she was initially awarded a total of $640k.

And concerning Hot Tub Girl, the award was $25M USD, with Edwards and his partner taking home the standard contingency fee of 33% (one third) or about $8.3M USD before taxes, presumably split along pre-agreed lines with each other.

That's a pretty big haul by any stretch, but I hope that you'll please forgive my earlier ignorance and presumption of the typical amounts trial attorneys are compensated.

http://en.wikipedia.org/wiki/John_Edwards#Legal_career

I am not necessarily opposed to a _fair_ compensation for injuries or damage as a result of faulty manufacture or negligent/irresponsible management; however, I do not think that the courts and the threat of litigation should be lightly handled nor used as a club to intimidate people or business with to the point where you have to sign six disclaimers to drink your coffee.

(note exaggeration for effect)

I am not easily disposed to think of Edwards very far outside of his legal career, nor his pretense of being just another "good ol' boy from the farm" with his manicures and $400 hair cuts. Most of his would-be audience (working class Democrats) are not the sort of elite professionals for whom such maintenance of an outward appearance would be vital to their careers.

You may rightly consider that to be a form of bias, and this will remain the case with me for anyone whose image and actions are largely dissonant to their projected message. And for what it is worth, for me, McCain is well within that same ballpark , too, although for slightly different reasons.


However, a few noteworthy cases does not easily erase the aura of slime around a large number of these lawyers:

http://en.wikipedia.org/wiki/Pearson_v._Chung

For this cause, I am not displeased to see some _moderate_, reasonable degree of tort reform in this nation.

Oh oh, Harpo. I am about to spread more news, not propaganda, that will help destroy your vision for the country (from Gallup.com). chris/Boob take note:

"Congressional approval started off the year at a depressed 23%, then dipped to 21% in March and 20% in April, before reaching the current record-tying low. The 76% currently disapproving of Congress is just shy of the record-high 78% in March 1992.

Democrats Not Backing Congress

One reason Congress is doing so poorly in the court of public opinion is that rank-and-file Democrats are providing no support cushion for the Democratic-controlled institution. In fact, Democrats are about as likely to approve of Congress as are Republicans: 20% of Republicans approve, versus 16% of Democrats."

"--- beautiful prose composed extemporaneously at a Cannes press conference by Sean "Big Nose" Penn. He said... ---"

Eeeek. That bit from Penn would be, as Islamoe might say:

"Wow! The stupid, it hurts!"

Here's something for Moe, now that you mention her, seekie:

http://latimesblogs.latimes.com/washington/2008/05/obamagaffe.html

"--- Sweetie ---"

Yup, that will get a pass-over for sure, because he was just being "nice"... a tad paternalistic, but acceptable in a "cute" way, because suggesting anything else means that you're a racist.

The same words from McCain would be classed as sexist and evil, and all manner of groupd from the ACLU to NOW and the media itself would pound him into the dirt for it.

If Hillary said it (to the same female staffer)... well, it would certainly confirm certain longstanding suspicions.

"..you certainly don't have a problem with capitalism..."

Not really, although the legal system we have in place is hardly a case study in capitalism. As a matter of fact, a closed system where the judges, teachers, practitioners, schools, courts and every other aspect of it is controlled by lawyers is probably not a good idea. For example, I don't think you should have to be a lawyer to be a judge. You should have access to legal advice from a lawyer, no doubt, but good, common sense judgment is one of the major things lacking in our justice system.

"-- No, I won't give it a rest.

I will not stand by idly while the right wing propagandists spread misinformation that is destroying our country.

You and Dan should be ashamed of yourselves. --"

In this case, its a lost cause. The wingnuts have been so polluted by bullshit, they won't even touch the real deal any more. This is why we've got Bushland and the Reality Based Community squaring off in the first place.

The Bushbots will tell you mega-corps are the models of integrity while being dragged out of a flipped SUV caused by exploding Firestone tires. They'll tell you the GOP is blessed by Jesus after more Senatorial and Congressional sex scandals than you can pack into Larry Flint's private jet. And they'll talk about evil lawyers while the Department of Justice gets dragged through its umpteenth round of investigations for torture memos or obstruction of justice or wiretapping or what have you.

In the face of blatant, hard-nosed reality, loyal Bushies will poo-poo seven years of corruption and incompetence so they can sneer at a hair-cut or a bowling score. Then - and this is the funniest part of all - they'll parade up Mitt "Action Figure" Romney as their John Edwards replacement. Because a GOP stuffed suit multi-millionaire with a frozen haircut, a freaky religion, and a laughable record of public service is the way to go.

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