Roy Moore - FORMER AL Supreme Court Chief Justice

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bob
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Re: Roy Moore - FORMER AL Supreme Court Chief Justice

#701

Post by bob » Mon Apr 29, 2019 2:49 pm

Klayman's site: Roy Moore to Appear in Court in Case vs. Sasha Baron Cohen:
Counsel for Chief Justice Roy Moore, Larry Klayman, and his client will appear before the Honorable Thomas Hogan to argue a motion filed by defendants Sasha Baron Cohen, Showtime and CBS seeking to have the case transferred to federal court in New York City, where the defendants obviously believe they will have a more favorable venue given the leftist slant of the judiciary in the Southern District of New York.
THR: Showtime, Sacha Baron Cohen Win First Round in Roy Moore Lawsuit:
Sacha Baron Cohen and Showtime Networks have convinced a D.C. federal judge that the $95 million defamation lawsuit brought by Roy Moore belongs in New York.

The decision to transfer the case isn't the end of Moore's suit contending he was duped into appearing Who Is America, where Cohen famously pointed a device at the controversial former Alabama judge to purportedly detect a sex offender. But the ruling, issued at an oral hearing on Monday morning, could be a good sign for the defendants.

* * *

Opposing the bid for transfer, Moore's attorney Larry Klayman addressed alleged misrepresentations on the part of filmmakers including how he was flown to Washington D.C. to receive an award for his support of Israel and how the document he signed was with an entity called Yerushalayim TV. Moore further argued that Showtime and Cohen couldn't enforce the agreement since they weren't parties to the agreement.

U.S. District Court Judge Thomas Hogan[*] has ruled in Showtime's favor.
I'm guessing Klayman skipped his own press conference.

Actually, Klayman is literally now tweeting about Moore's "upcoming" appearance -- after the judge already has ruled against him.


* A Reagan nominee; Soros is good.
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Re: Roy Moore - FORMER AL Supreme Court Chief Justice

#702

Post by RTH10260 » Mon Apr 29, 2019 3:03 pm

bob wrote:
Mon Apr 29, 2019 2:49 pm
:snippity: :snippity: :snippity:
Moore further argued that Showtime and Cohen couldn't enforce the agreement since they weren't parties to the agreement.
[/I].
:confused: how does Moore / Klayman think they can successfully sue them ? :think:

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Re: Roy Moore - FORMER AL Supreme Court Chief Justice

#703

Post by bob » Mon Apr 29, 2019 3:10 pm

RTH10260 wrote:
Mon Apr 29, 2019 3:03 pm
how does Moore / Klayman think they can successfully sue them ?
It is undisputed that Showtime broadcasted Cohen's innuendo that suggested Moore might be a pedophile; Cohen communicated, and Showtime republished Cohen's communication; these facts are not in dispute. So they are the correct defendants.

But Klayman knows the contract between them and Moore is going to sink Moore's case (and, too (also) move it to New York), so, if he has any chance of prevailing, Klayman has to argue that the contract is invalid.

* * *

Over/under on, once the suit lands in S.D.N.Y., Moore goes pro se -- with Klayman ghostwriting?
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Re: Roy Moore - FORMER AL Supreme Court Chief Justice

#704

Post by Notorial Dissent » Mon Apr 29, 2019 4:01 pm

Unh, like immediately if not before, oh, and please send money.
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Re: Roy Moore - FORMER AL Supreme Court Chief Justice

#705

Post by bob » Mon Apr 29, 2019 4:12 pm

BuzzFeed News: Roy Moore Is Still Fighting In Court With Sacha Baron Cohen As He Eyes Another Senate Run:
Moore is suing Cohen for defamation over a prank interview in which the comedian waved a wand over Moore that Cohen said could detect sex offenders. Moore lost in court Monday over where the case should be heard.

* * *

Moore's lawyer Larry Klayman told BuzzFeed News in an email that they plan to challenge Hogan's decision before the US Court of Appeals for the DC Circuit, but "also are prepared to litigate and feel confident of success in the Southern District of New York."

* * *

Monday's hearing didn't start well for Moore, who was sitting in court next to his wife Kayla Moore, also a plaintiff in the lawsuit. Moore's lawyer Larry Klayman introduced Moore as "chief justice," the title Moore held when he served on the Alabama Supreme Court. Hogan noted Moore was a "former" judge, however, and had Klayman acknowledge Moore was no longer on the bench. Moore was removed twice from the state Supreme Court before running for Sessions' seat.

Klayman had another awkward exchange with the judge later in the hearing. Hogan asked Klayman about an argument he'd made in a brief about Cohen and Showtime preferring New York because they were more likely to get a "left-leaning" judge there. Klayman initially said he didn't believe he used that term, but walked that back when Hogan cited the page number where it appeared. Federal judges tend to bristle at arguments about their political leanings, perceived or real.

Hogan announced his decision from the bench right after hearing arguments. As the judge spoke and it became clear where his decision was headed, Moore, wearing a small cross on the lapel of his dark suit jacket, closed a folder in front of him and sat back in his chair. He didn't speak during the hearing.

Hogan found that even though Moore was broadly arguing that the contract he signed to appear on Cohen's show was based on fraud — the contract used the name of a fake TV network, Yerushalayim TV, according to court filings — Moore didn't specifically claim he was defrauded into agreeing to a clause about where legal claims should be filed, known as a forum selection clause.

The lawyer arguing for Cohen, Showtime, and CBS, Elizabeth McNamara, noted Cohen won on this very issue in a lawsuit filed over his movie Borat, where the plaintiffs tried to sue him in federal court in Alabama. A judge moved that case to federal court in Manhattan, citing the forum selection clause in a contract McNamara said was nearly identical to the one Moore signed.

* * *

Hogan asked if Moore's arguments would apply to any of the other current and former politicians who were also tricked into appearing on Cohen's show; former vice president Dick Cheney and Democratic Sen. Bernie Sanders were among Cohen's guests. Klayman argued that unlike other interviewees, Moore didn't go along with the fraud and walked out.

In what appeared to be a veiled threat, Klayman told the judge that but for the fact that Moore was a "gentleman," Cohen wouldn't be walking around now. Asked to clarify what that meant after the hearing, Klayman told BuzzFeed News, "He would have been punched out on the spot."
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Re: Roy Moore - FORMER AL Supreme Court Chief Justice

#706

Post by Dr. Caligari » Mon Apr 29, 2019 4:20 pm

Moore's lawyer Larry Klayman told BuzzFeed News in an email that they plan to challenge Hogan's decision before the US Court of Appeals for the DC Circuit, but "also are prepared to litigate and feel confident of success in the Southern District of New York."
The order granting the motion to transfer venue is not appealable; it's not a final order.

Once this case gets to the S.D.N.Y., Moore is going to lose-- (a) he can't be represented by Klayman, (b) will have trouble affording a real lawyer, and (c) will lose on the merits because his contract (the same one with the forum-selection clause) waives all claims, including the ones he's trying to bring.
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Re: Roy Moore - FORMER AL Supreme Court Chief Justice

#707

Post by bob » Mon Apr 29, 2019 4:22 pm

Dr. Caligari wrote:
Mon Apr 29, 2019 4:20 pm
Moore's lawyer Larry Klayman told BuzzFeed News in an email that they plan to challenge Hogan's decision before the US Court of Appeals for the DC Circuit, but "also are prepared to litigate and feel confident of success in the Southern District of New York."
The order granting the motion to transfer venue is not appealable; it's not a final order.
:fingerwag:

Well, yeah. But Klayman never files anything with the intent to win. :nope:
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Re: Roy Moore - FORMER AL Supreme Court Chief Justice

#708

Post by Grumpy Old Guy » Mon Apr 29, 2019 4:24 pm

A big win for Larry!

:rotflmao: :rotflmao:

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Re: Roy Moore - FORMER AL Supreme Court Chief Justice

#709

Post by bob » Mon Apr 29, 2019 4:25 pm

Grumpy Old Guy wrote:
Mon Apr 29, 2019 4:24 pm
A big win for Larry!
Even if he further made a laughingstock out of himself and his client, he got the publicity he craved.

So, in his mind, a big win.
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Re: Roy Moore - FORMER AL Supreme Court Chief Justice

#710

Post by Northland10 » Mon Apr 29, 2019 6:29 pm

Northland10 wrote:
Sun Apr 28, 2019 3:04 pm
The article also had this:
Recently polls in Alabama show that if Chief Justice Moore decides to run again for the U.S. Senate in 2020, he will easily beat any of his rivals, including the current senator of the state, Doug Jones.
Showing how popular Moore is seems unhelpful when trying to show injury. Good thing GIL and Moore are only in this for the grift.
And, BTW, the recent poll does not state he will easily beat Jones. All it says is that he is currently ahead of the republican field and Jones is at risk losing to a generic GOP ballot (50% replace over 40% keep, the rest, undecided). The Mason-Dixon poll makes it very clear that this could significantly change with a specific candidate.

https://fivethirtyeight.com/features/ro ... -not-last/
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Re: Roy Moore - FORMER AL Supreme Court Chief Justice

#711

Post by Gregg » Mon Apr 29, 2019 6:50 pm

Still, its Alabama, a child molester has a built in advantage. :bag:
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Re: Roy Moore - FORMER AL Supreme Court Chief Justice

#712

Post by Somerset » Mon Apr 29, 2019 9:10 pm

Dr. Caligari wrote:
Mon Apr 29, 2019 4:20 pm
Moore's lawyer Larry Klayman told BuzzFeed News in an email that they plan to challenge Hogan's decision before the US Court of Appeals for the DC Circuit, but "also are prepared to litigate and feel confident of success in the Southern District of New York."
The order granting the motion to transfer venue is not appealable; it's not a final order.
Off Topic
For the IANALs, can you explain how the motion is not a final order, but is not appealable?

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Re: Roy Moore - FORMER AL Supreme Court Chief Justice

#713

Post by bob » Mon Apr 29, 2019 9:31 pm

Somerset wrote:
Mon Apr 29, 2019 9:10 pm
Off Topic
For the IANALs, can you explain how the motion is not a final order, but is not appealable?
A final order, generally, is a case's last order -- that is, it fully disposes of the case between the parties and ends the litigation in the trial court. ("Final," in this usage means "last," and not as an antonym for "tentative" or "preliminary.")

So the court's ruling today on the transfer motion is "final" (in that the court has firmly ruled) -- but not "final," as in it doesn't end the case between the parties. Indeed, Klayman and Moore (in theory) now get to take their roadshow up to New York, to continue their harassment of litigation against Showtime, Cohen, etc. (The reality is, that won't happen: Klayman isn't licensed to practice there, and no court is going to admit him PHV. It will likely get quietly dismissed.)

And non-final orders, generally, are not immediately appealable. In theory, Klayman and Moore should wait until the New York court is done with the case, and only then argue -- in the Second Circuit (n.b., not the D.C. Circuit) -- that the case wrongly transferred to New York.

But, Klayman being Klayman, will likely file an appeal (or a writ) in the D.C. Circuit and whine about the grand unfairness of it all. In turn, the D.C. Circuit will dismiss the appeal (or deny the writ, as applicable).
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Re: Roy Moore - FORMER AL Supreme Court Chief Justice

#714

Post by Somerset » Mon Apr 29, 2019 9:39 pm

bob wrote:
Mon Apr 29, 2019 9:31 pm
Somerset wrote:
Mon Apr 29, 2019 9:10 pm
Off Topic
For the IANALs, can you explain how the motion is not a final order, but is not appealable?
A final order, generally, is a case's last order -- that is, it fully disposes of the case between the parties and ends the litigation in the trial court. ("Final," in this usage means "last," and not as an antonym for "tentative" or "preliminary.")

So the court's ruling today on the transfer motion is "final" (in that the court has firmly ruled) -- but not "final," as in it doesn't end the case between the parties. Indeed, Klayman and Moore (in theory) now get to take their roadshow up to New York, to continue their harassment of litigation against Showtime, Cohen, etc. (The reality is, that won't happen: Klayman isn't licensed to practice there, and no court is going to admit him PHV. It will likely get quietly dismissed.)

And non-final orders, generally, are not immediately appealable. In theory, Klayman and Moore should wait until the New York court is done with the case, and only then argue -- in the Second Circuit (n.b., not the D.C. Circuit) -- that the case wrongly transferred to New York.

But, Klayman being Klayman, will likely file an appeal (or a writ) in the D.C. Circuit and whine about the grand unfairness of it all. In turn, the D.C. Circuit will dismiss the appeal (or deny the writ, as applicable).
Got it. Thanks, bob!!

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Re: Roy Moore - FORMER AL Supreme Court Chief Justice

#715

Post by Sam the Centipede » Mon Apr 29, 2019 10:12 pm

Somerset wrote:
Mon Apr 29, 2019 9:39 pm
:snippity:
Got it. Thanks, bob!!
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Re: Roy Moore - FORMER AL Supreme Court Chief Justice

#716

Post by bob » Tue Apr 30, 2019 3:18 pm

Klayman's site (stealing from Law360): Sacha Baron Cohen Gets Roy Moore Suit Moved to NY:
Klayman: Judge Moore and I Will Appeal This Flawed Ruling and Will Ultimately Hold the Low Class Sasha Baron Cohen to Account for His Malicious Defamation Whatever Court Hears the Case!

* * *

While a clause in Moore's contract agreeing to appear on the show stipulates that any dispute will be litigated in New York, Moore's lawyer had argued that clause was invalidated by the alleged fraud surrounding the entire sham interview.

But U.S. District Judge Thomas F. Hogan said "it's very clearly established" in case law that even in an allegedly fraudulent contract, the "forum selection" clause still holds unless that specific provision resulted from fraud.

"I can't see that in the arguments before me," Judge Hogan said. "There's no reason it has to be tried here that I can find."

* * *

He urged the judge to keep the suit in D.C. even if precedent requires a burden on Moore to show why the venue should not be changed based on the contract stipulation. "This is that exception or unusual case," he said.

Klayman argued that "egregious fraud, compounded fraud" had wiped out the entire agreement, and that includes the provision about where to try a dispute.

But Judge Hogan asked him for reasons why the Southern District of New York was not an acceptable venue. "What evidence do I have that there would be a left-leaning judge favorable to the entertainment industry?"

Klayman contended that the network believes that in New York it will undoubtedly get a friendlier hearing of the case despite its clear liability. "It's their home court. It's where they want to be," and that's why it's written into the contract that way, he said.

"The facts of this case are particularly egregious," Klayman said, and referring to the suit's allegations of emotional distress, added that "people have been known to jump off buildings when accused of this."

* * *

On top of agreeing on the case law, Judge Hogan said that with the defendants in New York and California, he saw no merit to arguments that the trial should occur in Washington just because there are witnesses who saw the interview take place there. "That's the only connection to D.C.," he said.
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Re: Roy Moore - FORMER AL Supreme Court Chief Justice

#717

Post by Orlylicious » Tue Apr 30, 2019 3:59 pm

Since GIL and Roy want to keep this up, let's look at the funny interview again. Over 5 million views now, with each dumb step the view count will go up. Thanks for reminding us, Larry! :P


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Re: Roy Moore - FORMER AL Supreme Court Chief Justice

#718

Post by bob » Wed May 01, 2019 9:07 pm

WND: Roy Moore towers over judge in Sasha Baron Cohen case:
Exclusive: Larry Klayman reports on his action against controversial comedian, Showtime

Last Monday, on behalf of my friend and client Chief Justice Roy Moore of Alabama, I appeared in front of the former chief judge of the U.S. District Court for the District of Columbia who is now on senior status, the Honorable Thomas J. Hogan [ . . . ]. The reason? I had filed a complaint against the low-class comedian Sasha Baron Cohen, Showtime and its parent company, CBS, over their having maliciously defamed Judge Moore by falsely portraying him as a pedophile.

* * *

Shortly after this sordid episode and after the defamatory episode aired, I brought suit on behalf of Judge Moore and his wife against Cohen, Showtime and CBS in federal court in the District of Columbia, because that is where the fraudulent interview, if one can call this outrage that, occurred. The defendants then filed a motion to have the case transferred to the federal court in New York City. In their motion, the defendants relied on what lawyers call a forum selection clause, which had been inserted into the Standard Consent Agreement Judge Moore had signed. Cohen, Showtime and CBS wanted to move the case to New York City, the bastion of leftist immorality that even surpasses the D.C. swamp! There they hoped to find a left-leaning judge who later would be asked to dismiss Judge Moore’s and Kayla’s complaint.

* * *

I opposed the requested transfer, not only because Washington, D.C., was the proper venue, as the defamatory acts occurred there, but also because our complaint had been randomly assigned to a judge appointed many years ago by President Ronald Reagan, Judge Hogan. In my many years of legal practice in D.C., I did not recall ever having appeared in front of him, but I believed that he certainly would be a more neutral arbiter of justice, more so than a likely leftist jurist in New York City. And, on paper he appeared to have had a “distinguished career” at his present age of 81.

The ground for my opposing the transfer, logically and legally, was that Judge Moore and by extension Kayla had been fraudulently induced to travel to D.C., sign the Standard Consent Agreement and then appear on Cohen’s “Who is America?” It is a bedrock legal principle that when a contract, which in this case was induced by fraud, is entered into, it can be voided by the victimized party – thus nullifying the forum selection clause that mandated trying any legal claims in the Big Apple.

So when last Monday I entered the courtroom of Judge Hogan with Judge Moore and Mrs. Moore and we took our seat at counsel’s table, I was very confident of our chances of success in keeping the case in D.C., later to be tried before a jury of our peers.

But when I got up to speak at the beginning of the hearing, and introduced my client as Chief Justice Roy Moore, Judge Hogan abruptly shot back, mocking him. “But he is no longer chief justice, is he?”

At that point, even the leftist journalists who were present in the court gallery took a step back. Judge Hogan was showing disrespect to a judge who actually throughout his long career had stood for something, whether it was honoring the Ten Commandments, ruling in a case I had before him years ago that Obama and other presidential candidates should have to present a bona fide birth certificate to be eligible to run for office, and last but not least taking a stand against gay marriage on the valid basis that there is no basis to take this issue away from the states under the Tenth Amendment to the Constitution, to name just a few of his many other principled stands that are not “politically correct” but are legally sound.

To make the long story short, given space limitations in this column, and I will be writing more about this suit, which in the end I remain confident we will win no matter which court it is ultimately tried in. Judge Hogan, who is a legal midget compared to my friend and client Judge Moore, granted the defendants’ transfer motion, ignoring that the forum selection clause had been induced by their fraud.

In retrospect, it became clear to me and all who were there in the courtroom that Judge Hogan had been influenced not just by the leftist media hit jobs against my brave client with regard to the women who had falsely accused him, but also perhaps his establishment mindset. Indeed, he had made his decision before either side presented any argument.

In my opinion, an establishment judge like Hogan cannot relate to a jurist like Judge Moore who puts principle over taking the easy way out!

* * *

Yes, Monday was a renewed lessen not only about what is generally wrong about our so-called system of justice, but also how not all judges are equal. Judge Moore towers above his counterpart Hogan, and this was a real-time demonstration why!
Of course, it isn't Klayman special without his commissioned courtroom artist to commemorate this fail!:
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Re: Roy Moore - FORMER AL Supreme Court Chief Justice

#719

Post by Notorial Dissent » Wed May 01, 2019 9:32 pm

I just love how GIL not so subtly calls in to question the impartiality, integrity, and professionalism of all the other sitting jurists in DC. So endearing.... So the judge took exception to KKKlayman's presumption on behalf of Moore, just like I did. :point:
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Re: Roy Moore - FORMER AL Supreme Court Chief Justice

#720

Post by Orlylicious » Wed May 01, 2019 9:36 pm

Exactly. GIL called it mocking, we call it telling the truth. And has been pointed out here, it's not like he just retired, they TOOK THE TITLE AWAY. Stupid GIL. At least it was at WND which nobody's reading and is going down the drain. Maybe we can flush GIL with Pornstache :P
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Re: Roy Moore - FORMER AL Supreme Court Chief Justice

#721

Post by Gregg » Wed May 01, 2019 10:23 pm

The reason? I had filed a complaint against the low-class comedian Sasha Baron Cohen, Showtime and its parent company, CBS, over their having maliciously defamed Judge Moore by falsely portraying him as a pedophile.
To be fair, there is some independent evidence to that proposition.
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Re: Roy Moore - FORMER AL Supreme Court Chief Justice

#722

Post by Sterngard Friegen » Thu May 02, 2019 12:11 am

I opposed the requested transfer, not only because Washington, D.C., was the proper venue . . .
but actually because I couldn't figure out how to bring it in Florida.

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Re: Roy Moore - FORMER AL Supreme Court Chief Justice

#723

Post by Orlylicious » Thu May 02, 2019 12:13 am

:lol: :thumbs: Stern! But you may not get a holiday card from GIL this year...
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Re: Roy Moore - FORMER AL Supreme Court Chief Justice

#724

Post by scirreeve » Thu May 02, 2019 1:21 am

Can anyone diagram this sentence?
To make the long story short, given space limitations in this column, and I will be writing more about this suit, which in the end I remain confident we will win no matter which court it is ultimately tried in.

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Re: Roy Moore - FORMER AL Supreme Court Chief Justice

#725

Post by Whatever4 » Thu May 02, 2019 1:40 am

scirreeve wrote:
Thu May 02, 2019 1:21 am
Can anyone diagram this sentence?
To make the long story short, given space limitations in this column, and I will be writing more about this suit[.], which in the end I remain confident we will win no matter which court it is ultimately tried in.
No, but I can edit it. Still sucky but easier to diagram.
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