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SwtJewelBird
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The time for O, DNC, FEC to respond to the questions raised by Berg filed in PA District Court has lapsed unanswered. Rule 36 has come into play...does it tie in with O suspending his campaign to fly to Hawaii. The reason given is a sick grandmother, wish the lady well and that O isn't getting a better doctored birth certificate as the other one proved a fake. Check the website shown at the bottom.

Berg: Due to Procedure, Obama and DNC Admit all Allegations

According to Rule 36 of the Federal Rules of Civil Procedure, a party upon whom requests for admissions have been served must respond, within 30 days, or else the matters in the requests will be automatically deemed conclusively admitted for purposes of the pending action.

On September 15, as part of his federal lawsuit contending that the Illinois senator is ineligible, pursuant to the U.S. Constitution, to serve as president of the United States, Philadelphia attorney Philip Berg served Barack Obama and the Democratic National Committee with just such a request. Soon thereafter, on October 6, Barack Obama and the DNC acknowledged service in their motion for protective order, filed in an attempt to persuade the court to stay discovery. The Federal Rules require that a response to a request for admissions be served within the 30-day time limit, and Barack Obama and the DNC have not done so.

Therefore, this morning, amidst news reports that Barack Obama will be suspending his campaign for a few days so he can fly to Hawaii to visit his grandmother, who has suddenly fallen ill, Philip Berg will file two motions in district court in Philadelphia:

A motion requesting an immediate order deeming his request for admissions served upon Barack Obama and the DNC on September 15 admitted by default, and
A motion requesting an expedited ruling and/or hearing on Berg’s motion deeming the request for admissions served upon Obama and the DNC admitted.
Berg contends that the failure to respond and serve the response within the time limit is "damning," and made two appearances overnight on Rollye James' talk radio program, the second one coming shortly after midnight, during which he disclosed the meat of today's filings and the legal and political ramifications of the defendants' failure to respond.

“They did not file answers or objections or anything else to the request for admissions we served upon them on September 15,” Berg said to me shortly before midnight, noting that Obama and the DNC did in fact acknowledge service of the admission in their motion for protective order. “They knew the admissions were due. They knew they must object or answer specifically in 30 days. Here, they did nothing.”

Typically, requests can be used to ascertain three types of information: (1) the veracity of facts, (2) the authenticity of documents, or (3) the “application of law to fact.” Pretty much anything not privileged is fair game, and while the idea behind such a request is to obtain information, requests for admissions of facts and of the genuine nature of documents are generally not designed as a part of discovery, per se, but rather more of a mechanism used to whittle down proof later in the proceedings.

Unless permitted by the court or allowed pursuant to a written agreement between the parties, the party served with the request must serve a response within 30 days. How serious is a failure to respond? This, from PreTrial, by Thomas A. Mauet:

The automatic provision of Rule 36 makes it a formidable weapon because inertia or inattentiveness can have an automatic, and usually devastating, consequence. Hence, there is one cardinal rule for practice under this provision: Make sure you respond and serve the response within the 30-day period.

Given the "usually devastating" consequence of failure to respond in time to a request for admissions such as those served upon Obama and the DNC on September 15, just what were some of the admissions that Berg asserts Barack Obama and the DNC have, at least procedurally, admitted to?

Admit you were born in Kenya.
Admit you are a Kenya “natural born” citizen.
Admit your foreign birth was registered in the State of Hawaii.
Admit your father, Barrack Hussein Obama, Sr., admitted Paternity of you.
Admit your mother gave birth to you in Mombosa, Kenya.
Admit your mother’s maiden name is Stanley Ann Dunham a/k/a Ann Dunham.
Admit the COLB [Certification of Live Birth] posted on the website “Fightthesmears.com” is a forgery.
Admit you were adopted by a Foreign Citizen.
Admit you were adopted by Lolo Soetoro, M.A. a citizen of Indonesia.
Admit you were not born in Hawaii.
Admit you are a citizen of Indonesia.
Admit you never took the “Oath of Allegiance” to regain your U.S. Citizenship status.
Admit you are not a “natural born” United States citizen.
Admit your senior campaign staff is aware you are not a “natural born” United States Citizen.

more here....
http://www.americasright.com/2...tions.html

10/24/2008 6:26:11 PM

aaronburro
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you are going to get slammed for this, but you are right. Obama needs to answer these questions.

10/24/2008 6:27:26 PM

UberCool
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Quote :
"The blog you were looking for was not found."

10/24/2008 7:16:35 PM

aaronburro
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don't know why that happened, but here is the original link
http://www.americasright.com/2008/10/berg-obama-dnc-admit-all-allegations.html

10/24/2008 7:29:57 PM

Ytsejam
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See, McCain has known this all along. Next Friday, he is going to drop the bomb with Obama's real birth certificate, sworn statements from hospital staff from Kenya and Hawaii, and he will win de facto. This is why McCain hasn't run a shitty campaign, because he knows it's in the bag.

10/24/2008 7:45:09 PM

Stein
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This was posted in another thread, I'll repost it here.

http://www.factcheck.org/elections-2008/born_in_the_usa.html

It's also pretty funny, that if Obama were born today, he'd be a citizen no questions asked.

[Edited on October 24, 2008 at 7:53 PM. Reason : .]

10/24/2008 7:49:30 PM

moron
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^ wow

I wonder if McCain's birth certificate has been scrutinized like that. Amazing.

Wasn't McCain born in Panama or something like that anyway?

10/24/2008 8:00:19 PM

spöokyjon

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Yeah, McCain was born in Panama.

10/24/2008 8:04:39 PM

Stein
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Yes, however since both his parents were American citizens, it's a non-issue.

As Obama's father wasn't, given the year of his birth, Obama would have to be born on US soil to be a natural-born citizen.

10/24/2008 8:06:17 PM

spöokyjon

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Which he was, so who gives a shit?

10/24/2008 8:07:21 PM

Stein
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Some combination of Berg and aaronburro.

10/24/2008 8:10:23 PM

Charybdisjim
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Quote :
"Obama needs to answer these questions."


They already have- to the public at least. See above posted link with photos of birth certificate and related research. The people spewing this crap are deluded and desperate seeking to create a reality in their heads where Obama's presidency is impossible or illegal. It's incredibly sad.

Here is a quote from the one of the followers of the blog cited by the OP:

Quote :
"yeah i honestly do not believe the soul purpose of his trip to Hawaii was to see his grnadmother. However if she was/ is sick, i will pray for her health. If she was as sick as it sounds like she might be then he probably should have went to visit her already instead of waiting till now to leave. I still think that the underlying reason he is going there is because of the case in which case it would be just another lie that he has told the american people."


Ignoring for a second that this intrepid battler of reality doesn't know the difference between "soul" and "sole," this little response shows us a lot about how the author thinks. On one hand he doubts that Obama's "grnadmother" (gonad-mother?) was even sick to begin with. Well that's unfair, but people should be unfairly suspicious of those seeking power so I'm ok with that. Then he says that even if she were sick that he was still a bad person if not worse for not already being there with her. Anyone who's had a lingeringly sick relative knows how unfair of a statement that is. It's like saying that if your relative were to be dying for 6-20 months that your entire family should effectively die for that long as well. You try to be with relatives when you can if they're sick and certainly at the end if possible. No grandmother would want her grandchildren to shut down their lives because they were ill. You do what you can without making them feel like a weight on the family.

Anyways, it's clear this post's author is someone who can only accept a reality where Obama is the bad guy and loses. He's either lying and using the not-so-bad but still not-so-good health of his "grnadmother" to fly off and alter Hawaiian documents or he's a bad grandson and ignoring her pain. It's like someone thinks they're Colbert and not joking. These are the people who are trying to push this stuff out there like it's real. Some of them might actually believe it themselves and that's sad and terrifying.

[Edited on October 24, 2008 at 8:26 PM. Reason : ]

10/24/2008 8:12:45 PM

SwtJewelBird
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"This was posted in another thread, I'll repost it here.

http://www.factcheck.org/elections-2008/born_in_the_usa.html

It's also pretty funny, that if Obama were born today, he'd be a citizen no questions asked.

[Edited on October 24, 2008 at 7:53 PM. Reason : .]

"


It is a fact that factcheck.com is run by a liberal connection to the New York Times, the most liberal and most biasd towards conservatives.

Go to Berg's website and read about it (he is a supporter of Hillary Clinton, and this lawsuit was initiated about 3 weeks before the Democratic convention.

10/24/2008 8:20:03 PM

Stein
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Oh, ok. So it's all sour grapes then.

10/24/2008 8:21:50 PM

SwtJewelBird
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Quote :
"
^ wow

I wonder if McCain's birth certificate has been scrutinized like that. Amazing.

Wasn't McCain born in Panama or something like that anyway?"


Of course his was, he was a republican...silly!!! \

His father was an admiral in the navy and fought along side of him in vetnaim.
He happened to be stationed in Panama with his American wife when John McCain was born.

10/24/2008 8:22:30 PM

SwtJewelBird
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Quote :
"
Quote :
"Obama needs to answer these questions."


They already have- to the public at least. See above posted link with photos of birth certificate and related research. The people spewing this crap are deluded and desperate seeking to create a reality in their heads where Obama's presidency is impossible or illegal. It's incredibly sad."


The birth certificate is a fake...
A Democratic Homeland Security trained operative out-west has already admitted to creating a forgery for the website. Read Berg's website, he explains this.

10/24/2008 8:25:03 PM

Charybdisjim
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He referred to a different site. That's a real birth certificate and has been confirmed by the hospital and officials of Hawaii. I read berg's site. He's delusional and I feel sorry for both of you.

^I rechecked, and his post offered no evidence supporting that the birth certificate was a forgery and made no reference to the supposed forger. No credible news site does . The allegations of alteration are a distortion of the fact that some items were removed for privacy concerns. After being assured that they did not pose a risk, the campaign released photos that were not missing these items. Hence my reference to the above linked factcheck site and not the older post that the lord of fantasyland mentioned.

[Edited on October 24, 2008 at 8:36 PM. Reason : ]

10/24/2008 8:27:52 PM

moron
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^^ do you seriously believe that?

Because that's a whole lot of crazy right there. I think I found the perfect girl for you though:



[Edited on October 24, 2008 at 8:28 PM. Reason : ]

10/24/2008 8:27:55 PM

aaronburro
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I'll even say that's a whole lot of crazy But, if Berg has the evidence, then let's see it. Seems like it would be pretty easy to roll on up to Hawaii and ask them to provide a copy of his Birth Certificate, assuming that is legally possible

[Edited on October 24, 2008 at 8:31 PM. Reason : ]

10/24/2008 8:30:50 PM

SwtJewelBird
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^^ Sorry, I do not swing that way. Even if I did, she is not my type.

[Edited on October 24, 2008 at 8:31 PM. Reason : .]

10/24/2008 8:31:47 PM

Stein
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Quote :
"The birth certificate is a fake...
A Democratic Homeland Security trained operative out-west has already admitted to creating a forgery for the website. Read Berg's website, he explains this."


Going to need a link to this. Or is it supposed to be somewhere on obamacrimes.com inbetween Berg pleading for money?

10/24/2008 8:33:04 PM

SwtJewelBird
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Quote :
"I'll even say that's a whole lot of crazy But, if Berg has the evidence, then let's see it. Seems like it would be pretty easy to roll on up to Hawaii and ask them to provide a copy of his Birth Certificate, assuming that is legally possible"


The interesting thing is that Obama has not been able to find and submit legal birth documents validiting his birth in HI v. Keyna.

When you first get your driver's permit and license, don't you have to produce a birth certificate to it? How did he get his without these documents?

He won't even release copies of his college registration form. Wonder what he said his citizenship was to get into these schools?

10/24/2008 8:34:57 PM

tschudi
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Obama's grandparents saw a fortune teller 50 years ago who told them to send a fake birth announcement to a Honolulu newspaper on August 4th, 1961

[Edited on October 24, 2008 at 8:36 PM. Reason : .]

10/24/2008 8:36:19 PM

spöokyjon

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Quote :
"The birth certificate is a fake...
A Democratic Homeland Security trained operative out-west has already admitted to creating a forgery for the website. Read Berg's website, he explains this."

I was going to say something else, but I won't. You are clearly bonkers or mentally deficient or your account has been taken over by salisburyboy in some way and there's no real reason to even discuss this. Numerous fact checking organizations, newspapers, things like that, have done extensive verification on this matter. If you are genuinely in the camp that this is some sort of decades-long conspiracy going back to the sixties, then, really, I don't think anybody can have anything constructive to say. There are plenty of reasons not to vote for Barack Obama, but this right here is Scientology-grade crazy.
http://www.politifact.com/truth-o-meter/article/2008/jun/27/obamas-birth-certificate-part-ii/

10/24/2008 8:36:31 PM

aaronburro
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or maybe they just wanted people to know they had a grandkid

10/24/2008 8:36:49 PM

moron
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^^^^^ berg is probably banking on the fact that if people read a headline, even if it's not affirmative, it creates a bias: http://arstechnica.com/news.ars/post/20080924-does-ideology-trump-facts-studies-say-it-often-does.html

For example, if a headline says "Obama not a terrorist" people will still have a negative association of Obama and terrorist.

Berg is hoping just getting headlines out there, even though it's complete bullshit, is going to have an effect. And this worked spectacularly for Fox news with the whole Obama/madrassa/muslim thing.

This is clearly bullshit and you all are idiots for thinking it even has legs

[Edited on October 24, 2008 at 8:37 PM. Reason : ]

10/24/2008 8:37:15 PM

SwtJewelBird
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10/24/2008 8:41:26 PM

aaronburro
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I'd say it's got some pretty substantial legs to be sitting in two fucking courtrooms right now. but, we'll see. The judge is supposedly deliberating on it right now.

10/24/2008 8:41:39 PM

Charybdisjim
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^^^Yeah, I posted that a while back about Fox News. It pisses me off that people think it's ok to basically break the minds of thousand of poor susceptible twits who fall for it in the first place. They're just as bad as the crooks who rob old ladies by selling them shit they don't need over the phone, except they prey on a much wider population. If this guy is the predator in that case, he's a shameless murderer of truth. If he's a victim then he's a sad and deluded fellow who's probably, as that article points out, not able to be saved from himself and the wonderful broken nature of human psychology.

^Doesn't filing in multiple venues usually piss judges off as they consider it to be risking one court's time in the face of collateral estoppel?

[Edited on October 24, 2008 at 8:49 PM. Reason : ]

10/24/2008 8:42:32 PM

moron
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^^^ uhh... did you even click one of the first link in this thread?

http://www.factcheck.org/elections-2008/born_in_the_usa.html

These people held the document in their hands.

^^ So what are you saying, the court system is perfect? That's quite the allegation coming from a conservative.

[Edited on October 24, 2008 at 8:44 PM. Reason : ]

10/24/2008 8:44:02 PM

Stein
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Quote :
"YouTube"


Hmmm, god, how could anyone not believe the bulletproof evidence of SYC1959 and a blog post.

Let me ask you something, when you had to write papers in school -- if you turned in a paper with these sources, how do you think people would respond to them?

10/24/2008 8:46:56 PM

aaronburro
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what the fuck? how do you even get to "the court system is perfect?" I'm saying it's sitting in two courtrooms, which implies that there is at least some merit of some sort, otherwise it would have been thrown out immediately.

jeez you are all about the strawman today

10/24/2008 8:47:56 PM

moron
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^ you can file a suit on practically anything you want, that doesn't mean it has merit.

10/24/2008 8:49:02 PM

moron
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^^^^^
WRT Fox News, they were by far the worst, but people on all levels, particularly about Saddam, were pretty misninformed, thanks squarely to George Bush, Rumsfeld, and Cheney:


That is pretty egregious and it's sad nothing's been done about it.

10/24/2008 8:51:20 PM

SwtJewelBird
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http://dockets.justia.com/docket/court-paedce/case_no-2:2008cv04083/case_id-281573/

Check this out...

10/24/2008 8:51:51 PM

Charybdisjim
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^^^^

Ahaha, a court hearing a case does not mean it has any real merit. It might mean the judge thinks it does, but the judge can be as batshit insane as the OP.

Quote :
"In 1991, Richard Harris sued Anheiser-Busch for $10,000 for false advertising. Harris (no relation to the above-mentioned burglar) claimed to suffer from emotional distress in addition to mental and physical injury. Why? Because when he drank beer, he didn’t have any luck with the ladies, as promised in the TV ads. Harris also didn’t like that he got sick sometimes after he drank."


Heard in court- thrown out eventually though.


Quote :
"In 1998, Kellogg sued Exxon because customers might confuse the gas station’s “whimsical tiger logo” with Kellogg’s mascot, “Tony the Tiger.” It didn’t matter, of course, that Exxon had already been using this logo for 30 years. Kellogg appealed the case claiming the Exxon tiger walks and acts just like Kellogg’s “Tony.”"


Yes, this one also made it to federal court- where it was tossed out. Just because a judge even agrees to hear a case doesn't mean that it really has merit. Sometimes I think the fuckers are just bored.

^^ Well the point of the article on arstechnica was that you CAN'T do anything about it. People who had these misconceptions before Fox News can not be corrected, people that have them now also can not have them corrected. What's more, people's pre-existing opinions on Bush and politics et al probably had a lot to predetermine which version of reality they wanted to hear anyways.

You can't legislate that things be true, because that's not compatible with the 1st ammendment and you can't trust anyone's judgement enough for that. So, the best you can do is allow and hope for competing distortions on reality. While I agree that Fox News does tend to be more distorted than the other major networks, in terms of bias they tend to be the only conservative leaning major network. I think that was a study linked to on slashdot somewhere recently- kind of interesting way they found to sort of empricaly show something like bias. Anyways, it's almost like they have to be twice as biased in their audiences direction to grab that chunk of the market. It's not how I think, but it needs to be there if only so we're more likely to question the news sources we do tend to agree with.

[Edited on October 24, 2008 at 8:59 PM. Reason : ]

10/24/2008 8:54:48 PM

Kainen
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Ive never seen such floundering by the wingnuts on this forum. It's fantastic.

It'll make Nov 4 even sweeter.

10/24/2008 8:55:01 PM

Stein
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Quote :
"http://dockets.justia.com/docket/court-paedce/case_no-2:2008cv04083/case_id-281573/

Check this out..."


Uh... you realize that the case is:

Quote :
"Plaintiff Philip J. Berg alleged that Defendant Barack Obama is not eligible for the Office of the President because Obama lost his U.S. citizenship when his mother married an Indonesian citizen and naturalized in Indonesia. Plaintiff further alleged that Obama followed her naturalization and failed to take an oath of allegiance when he turned 18 years old to regain his U.S. citizenship status."


Not that he forged a birth certificate, right? The very wording of his lawsuit states that Obama, was at the very least a US citizen at one point.

[Edited on October 24, 2008 at 8:56 PM. Reason : .]

10/24/2008 8:55:38 PM

SwtJewelBird
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You are right... This case may not hold merit.
However, if it is not true, then why can he not produce real document in order to satisfy the courts.

Also, why has the media sent so many investigative reporters to Alaska to bash Gov. Palin's firing of a cabinet member of her admistration was fair, but, have you heard any word about these important media outlets regarding Obama's case?

10/24/2008 8:59:06 PM

Stein
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Because there's substance to one case but not the other?

10/24/2008 9:00:20 PM

Charybdisjim
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Yes, even Fox News is there. That's because you can only feed your reporters so much of the koolaid before they croak.

10/24/2008 9:02:26 PM

SwtJewelBird
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Ouch... I think that I need a drink now...

I am certainly feeling hate now as conservative.

Okay, okay.. So a what-if senario...
Suppose that the American public finds out that Obama is not elegiable to run. Would it be better for us to know before or after he is elected?

10/24/2008 9:08:54 PM

aaronburro
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her second question is relevant. I'd be interested in knowing from where the youtube guy gets the "template" certificate. It is a little convenient that the place and time of birth are identical, but even then, all of that depends on the how the "template" originated.

10/24/2008 9:10:46 PM

Kainen
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look, i think you are off your damn rocker. This thread is ridiculous...

You do know as we head to Nov 4 we've had a machine gun fire volley of OH NOES thread about Obama, but none have any substance? I mean CHILL GOP supporters, take a deep breath here jesus...

Obama supporters could throw up a billion new threads about McCain campaign gaffes but do you see us wetting our drawers? No.

10/24/2008 9:11:59 PM

Stein
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Quote :
"I am certainly feeling hate now as conservative."


Please, don't make the mistake that we dislike this thread because you're a conservative. Your political beliefs have absolutely nothing to do it.

We dislike this thread because it's ludicrous, combined with that fact that you can't seem to figure out what you're arguing. If you're arguing the birth certificate is forged, the Berg case is moot. If you're arguing the Berg case is relevant, you're saying the birth certificate is real.

10/24/2008 9:14:49 PM

LunaK
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What would your ideal solution to the problem be? If Obama produced documents to the courts, that satisfied the courts, would you claim that they were false, and the liberal slant of the court system enabled Obama to become president??

10/24/2008 9:15:35 PM

moron
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Quote :
" Well the point of the article on arstechnica was that you CAN'T do anything about it. People who had these misconceptions before Fox News can not be corrected, people that have them now also can not have them corrected. What's more, people's pre-existing opinions on Bush and politics et al probably had a lot to predetermine which version of reality they wanted to hear anyways."


I don't think it's that you can't do anything about it. People aren't born with a bias, they develop it over time. They just tend to interpret certain media with that bias. Reporters know when they're making up headlines, or when they're pushing BS. You have to maybe start teaching this kind of thing to all journalists, or maybe even high school students.

Quote :
"You can't legislate that things be true, because that's not compatible with the 1st ammendment and you can't trust anyone's judgement enough for that. "


I know this is not what you mean, but I think legislation goes a long way. If we didn't have legislation explicitly stating that blacks and women were equal, how long would broader society on its own come to accept these groups?

I think that type of legislation pushes society in one direction. It's why teaching Creationism in science classes MUST be strongly opposed, and ironically, why religious freedom for ALL religions is important (as long as it doesn't overlap the law).

Quote :
"So, the best you can do is allow and hope for competing distortions on reality. "


I do agree with this though, in the short term, this is the best we can do.

Quote :
"
Anyways, it's almost like they have to be twice as biased in their audiences direction to grab that chunk of the market. It's not how I think, but it needs to be there if only so we're more likely to question the news sources we do tend to agree with.
"


I'm not sure how long Fox News has been around, but I think what differentiates them is their reporting style is more like a sports show with the effects and transitions, and their anchors will state subjective matters boldly as truth, and they're news shows and commentary shows seem to blend together (to me at least). And if Bush weren't president, I can't see them gaining nearly as much prominence as they did (he gave them a lot of material to sensationalize and call other news outlets as pansies for not biting his words hook, line and sinker), and I predict that over an Obama presidency, their viewership drops.

10/24/2008 9:22:22 PM

moron
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dp

[Edited on October 24, 2008 at 9:22 PM. Reason : ]

10/24/2008 9:22:22 PM

aaronburro
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OMG DOUBLE POST BAN SUSPEND

10/24/2008 9:26:57 PM

Wolfman Tim
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lol @ this thread

10/24/2008 9:28:47 PM

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