Home > Jay Bookman > Archives > 2008 > December > 19 > Entry

Dick Cheney thinks he’s a human Guantanamo - U.S. laws don’t apply there

Dick Cheney is one piece of work.

Federal law requires Cheney to turn over all official records to the National Archive as he leaves office.

Cheney says nope, ain’t gonna do it and you can’t make me.

From the Associated Press:

WASHINGTON (AP) — Dick Cheney’s lawyers are asserting that the vice president alone has the authority to determine which records, if any, from his tenure will be handed over to the National Archives when he leaves office in January.

That claim is in federal court documents asking that a lawsuit over the records be dismissed. Cheney leaves office Jan. 20, potentially taking with him millions of records that might otherwise become public record.

“The vice president alone may determine what constitutes vice presidential records or personal records, how his records will be created, maintained, managed and disposed, and are all actions that are committed to his discretion by law,” according to a court filing by Cheney’s office with the U.S. District Court on Dec. 8.

The 1978 Presidential Records Act requires all presidential and vice presidential records to be transferred to the National Archives immediately upon the end of the president’s last term of office and gives the archivist responsibility to preserve and control access to presidential records. The law ended the tradition of private ownership of presidential papers, opening White House records to the public and historians.

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Comments

By DB, Gwinnettian

December 19, 2008 2:51 PM | Link to this

Jay, like, no “man-sized safe” refs? WTF?

You changed! You used to be about the music, man!

By Hillbilly Deluxe

December 19, 2008 2:53 PM | Link to this

He was working for us. All the records of all government officials concerning their official actions should belong to us.

By Mrs. Godzilla

December 19, 2008 2:56 PM | Link to this

Remeber the reports of the shredder trucks at the Naval Observatory?

He may be evil incarnate, but he ain’t stupid.

By AJC/DNC Management

December 19, 2008 3:00 PM | Link to this

Yeah, like we got all of the KKKlinton records, puh leeze.

See that, you counter a raging case of CDS with some more KDS right back at em.

By demwit

December 19, 2008 3:05 PM | Link to this

No worries…, we have Biden now.

By Midori

December 19, 2008 3:05 PM | Link to this

I don’t recall reading any stories about Bill Clinton not handing over any records related to his tenure as president.

If you know something to the contrary, I sure wish you’d share with us.

Everything in this world isn’t “t** for tat”, or “I’m gonna do it because such-and-such did it first”.

By Taxpayer

December 19, 2008 3:11 PM | Link to this

Cheney has always lived up to his given name. Why would he change now.

By AJC/DNC Management

December 19, 2008 3:18 PM | Link to this

CHICAGO (CBS) ―Gov. Rod Blagojevich said Friday that he was not guilty, that he is not stepping down as govenror, and that he will “fight until I take my last breath.”

If he’s got something on Oblahmasan it may come down to him taking his last breath.

ew

By Dusty

December 19, 2008 3:31 PM | Link to this

Very bad, Bookman. Bad journalism.

First you try to mentally associate Cheney with Guantanamo. Not true, no connection.

Secondly, you try to insinuate that Guantanamo is a concentration camp of lawlessness when it is run quite efficiently to prisoner of war standards as listed by the USA Army.

Third, you inmply and assume without evidence or facts that Cheney is doing something illegal. Why then has he secured an attorney to fight for what he believes to be correct? Has he lost, burned, shredded, hidden any documents? NO! He simply fights for the right to keep personal and trival trash from being kept as government documents.

Bad journalism is to assume guilt before innocence but that is acceptable by liberal standards. So we conclude: Bookman read the book “Crime and Punishment” and thinks he is a lawyer. Same ol’ Bookman. Same ol’ AJC tilt to the left. Nothing new.

By AmVet

December 19, 2008 3:34 PM | Link to this

Hard to believe I’m writing this, but Cheney is even more loathsome than Agnew.

Welcome to the “new” GOP…

By DB, Gwinnettian

December 19, 2008 3:42 PM | Link to this

“I don’t recall reading any stories about Bill Clinton not handing over any records related to his tenure as president.”

Oh, it’s probably trying to conjure up some fib-by-association with ancient tales of vandalism that turned out not to be true. Of course, Andy probably thinks the Bush-era GSA is somehow on the take.

By Logical Dude

December 19, 2008 3:43 PM | Link to this

Dusty, you missed the point on Guantanamo. “US laws don’t apply here” is the point. They created the jails on Guantanamo to avoid questions of legality. If the prisoners were kept near where they were caught, true rules of war apply to them. If they were kept in another country, those country’s rules would apply to them. If they were kept in the States, US law would apply to them. Guantanamo is not in the US, it is on Cuba. US has no relations (formal) with Cuba, so Cuban law does not apply.

It has been hard enough for some of the people illegally kept in Guantanamo to clear their names. Yes, there is NOW a legal process, but this Administration fought that process EVERY STEP OF THE WAY.

So, With US laws no pertaining to Guantanamo, Bookman correctly makes the connection to Cheney. US laws evidently do not apply to him.

By CommunistAJC

December 19, 2008 3:44 PM | Link to this

Bookman, Am I allowed back on your blog now? It’s been pretty boring over at Wootens. As for Cheney, who really cares, right? He’s out next month. When Obamalamadingdong shuts Gitmo down I wonder how you will feel when we learn that one of our cities is bombed by a former detainee? Will you conscience haunt you because you defend terrorists? What I also find interesting is the fact that you seem to think the detainees are some how innocent little beings that were caught up in a fight on the streets of Kabul. What will it take to make you understand that THESE PEOPLE WANT TO KILL YOU AND ME AND EVERYONE ELSE IN THIS COUNTRY????

By DB, Gwinnettian

December 19, 2008 3:55 PM | Link to this

“Dusty, you missed the point”

Shocking, I know.

“What will it take to make you understand that THESE PEOPLE WANT TO KILL YOU AND ME AND EVERYONE ELSE IN THIS COUNTRY????”

I DON’T KNOW!!! MAYBE IF THEY SCREAMED IT IN ALL CAPS IT WOULD BE CLEAR!!!11!!11!

You know, I heard that one of their crazy clerics in charge is actually on record as wanting to assassinate the President!

Oh, wait—that was Rick Warren. My bad.

By Ted Striker

December 19, 2008 3:57 PM | Link to this

Amazing how some people are so ready to abandon the framework of constitution freedoms because they think reality is like an episode of ‘24’

By Logical Dude

December 19, 2008 3:58 PM | Link to this

Hi Communist, How do you know everyone who was caught wants to kill you and me?
There MUST be a formal process of trying these people and showing evidence. Some of these people were NOT caught on a battlefield.

I do allow that some were caught on the battlefield and rules of war should apply to them.

But funny how you dismiss “innocent until proven guilty” when it sounds like you would defend the constitution to the death. You would dismiss a strong constitutional right?!

Once you take rights away from some people, you begin to take away the rights of everyone.

By Dusty

December 19, 2008 4:01 PM | Link to this

Ok Logical Dude,

What laws has Cheney broken?? None.

Army Rules of conduct apply at Guantanamo and at any other base in the world.

If we “rent” land from Cuba, does that not make us responsible for what goes on there?

Several prisoners were returned to the battlefields of their country and were killed fighting us AGAIN. Can you explain the reason behind that action that may have killed some of our troops? Return all prisoners home or keep them in the USA?

USA has bent over backwards to keep POWs within the rules of humanity. There have been a few human lapses but it was not policy. These are people who killed our troops, including all American prisoners. Why is that never mentioned?

You had rather believe that Bush and Cheney are killers instead of the terrorists.

By CommunistAJC

December 19, 2008 4:05 PM | Link to this

Logical Dude, Since when did people caught on the battlefield get American rights? THEY ARE NOT CITIZENS OF THE UNITED STATES. THEY DON’T HAVE RIGHTS. Do you think Islamic Terrorist give us “rights?” NO! And who in the United States, have had their rights taken away? Felons, yes. But who else? Illegal aliens are not US citizens. They have no rights. I’m not trying to fight with you but I get sick and tired of hearing about how these “poor innocent whittle terrorists” have rights. There is no “innocent until proven guilty” in war.

By Dusty

December 19, 2008 4:13 PM | Link to this

Logical dude @ 3:58

Just thought I’d help you out a bit since you asked a question.

Khalid Sheikl Mohammed and four of his aides at Guantanamo have declared themselves the masterminds of 9/11. That’s about three thousand dead mostly Americans.

I think they would kill you and me and any other American if they had the chance.

By Thad Charris

December 19, 2008 4:16 PM | Link to this

Cheney is our Stalin.

By RB from Gwinnett

December 19, 2008 4:29 PM | Link to this

I say they all have the right to remain dead.

Be done with it. You may as well let Brian Nichols move in next door and hope for the best as to let these Gitmites ever leave there.

Andy, the problem with this crowd is they hold our troops in such low regard, they think these people were home having dinner with their families when GI Joe kicked the door down, shot the women and children, and took the peaceful muslim man to gitmo for no reason (without his prayer mat). They’re the same people who think Obama will make them all like us, thus reversing Bush’s bad middle east policy, yet never acknowledging they were bombing the crap out of us all through the Clinton administration.

In summary, they just aren’t very bright or honest.

By Dusty

December 19, 2008 4:29 PM | Link to this

Thad Charris is our Joker.

By sunshine and thunder

December 19, 2008 4:29 PM | Link to this

Dick Cheney is right to protect his documents.

Otherwise he’ll invite another Scooter Libby / Valerie Plame railroad.

Just read the assessment of Sen. Carl Levin’s “report” on Bush’s torture policies.

By RW-(the original)

December 19, 2008 4:33 PM | Link to this

Jay B.,

Not surprisingly you stopped your excerpt right when it got to the part where Vice President Cheney has a legitimate argument that is being dealt with in the courts.

Were this truly a case of violating US law it wouldn’t still be in the courts and all the records are under a preservation order until the case is resolved anyway.

Is it that slow a news day that you have to make up a story about Cheney claiming to be above the law?

By GOP is gone

December 19, 2008 4:37 PM | Link to this

Richard Cheney never stops reminding us why he goes by the shorten form of Richard that he does.

By RealityKing

December 19, 2008 4:54 PM | Link to this

Jay’s not a journalist Dusty. He’s a columnist; a traditional journalist minus the cumbersome weight of morals and detailed facts.

By The Corporal

December 19, 2008 4:58 PM | Link to this

JAY

What’s the big deal here? There is obviously some leeway in the law that you forgot to mention so the courts will decide and whatever they decide will be legal, ethical, righteous and holy!

Correct ?

By Logical Dude

December 19, 2008 4:59 PM | Link to this

Dusty, RW, Well, when Cheney comes back and says “Only Cheney can decide what is VP stuff and what is personal stuff”. So, he is basically saying he can decide whatever he wants without any legal oversight. I say if he did it in the VP’s office, ANYTHING, it is in the service of the country and should be retained by the National Archives. This is true of Clinton also. (for those who think Clinton didn’t want some things archived)

By getalife

December 19, 2008 5:03 PM | Link to this

dick never got over Nixon resigning and actually thinks they are above the law.

It destroyes the legal system with governing with loopholes, pardons and amnesty for crimes.

I guess they think Blago is right too.

By getalife

December 19, 2008 5:07 PM | Link to this

Do you wingnuts really want Obama and the Dems to be above the law?

Will you give them a free pass too?

Do tell.

By Logical Dude

December 19, 2008 5:08 PM | Link to this

Dusty @ 4:13 So why are they still alive? Why haven’t they been tried and hanged?

Yes, I do not discount some of those who really want to hurt our country. I do discount the ones who say ALL of them are terrorists who deserve the ultimate punishment. Evidently, some of the ones that were released already didn’t have enough evidence to keep them (Sorry, the evidence is there, but evidence is classified, so it’s better to let them go than to punish them). And some of the ones released did not deserve to be there, and were held without rights for years. Those are the ones I am talking about, and why the Supreme Court agrees; there must be a process to try these cases in a fair way. i.e. US Laws apply here.

By The Corporal

December 19, 2008 5:09 PM | Link to this

To Logical Dude

What the Clintons didn’t want archived was a lot of White House furniture they tried to steal.

They actually transported the pilfered furniture to their new home and then had to return it to the Archives where White House furniture is stored. Remember when that van showed up to take it back to D.C.?

The MSM practically ignored this sordid episode but it was very embarrassing (except to the Clintons).

By Chad Harris

December 19, 2008 5:11 PM | Link to this

No one knows the evidence against Blago except for transcripts of out of context wiretaps and snippets of media hype. It shows how easily people are manipulated by talking heads and appearances.

Pat Fitz has brazenly broken the rules of the Northern District of Illinois, and Blago has every right to keep massaging the jury pool just as Pat Fitz who failed to go after Cheney, Bush, and Addington in the Scootsie case has.

By AJC/DNC Management

December 19, 2008 5:15 PM | Link to this

“I’m here to tell you right off the bat that I am not guilty of any criminal wrongdoing, that I intend to stay on the job, and I will fight this thing every step of the way. I will fight, I will fight, I will fight until I take my last breath,” Blagojevich said. “I have done nothing wrong.”

Anybody heard if he’s going to fight it, or what?

Fight on hack, felon, conspirator, make your homeboy look like a common thug, go for it.

And then rat him out, bwa.

ew

By RW-(the original)

December 19, 2008 5:17 PM | Link to this

LD,

Did you miss the part about the courts weighing the arguments and that all the records must be preserved until they decide? This is a non story as it stands today and it should make a fascinating argument if it ends up in the Supreme Court clarifying the Constitutionally mandated duties of the VP.

By Logical Dude

December 19, 2008 5:18 PM | Link to this

Hi Corporal @ 5:09, I didn’t pay much attention at that time, but that’s furniture, not documents for the archives that shed light on the workings of government.

If the Clintons had to return FURNITURE, don’t you think that Cheney should return DOCUMENTS? Evidently, it ALL belongs to the National Archives.

By The Corporal

December 19, 2008 5:21 PM | Link to this

To Char Harris

You are correct on both accounts and I would add one very sinister thing.

These wires should still be up and running. They needed much more than just a weak overt act to prove the conspiracy ….. they needed to close the deal with the exchange of funds/gifts/campaign promises or whatever.

Someone didn’t want to continue the undercover portion of this case for fear of others getting on those wires. Hummmmm ………….

I smell a rat.

By CommunistAJC

December 19, 2008 5:21 PM | Link to this

Logical Dude, I think you’ve mistaken Sandy Berger for Dick Cheney. Sandy Bergler got caught with documents from the National Archives in his socks. If the Clintons returned furniture the White House Staff would have to steam clean all the stains from Bubba.

By Logical Dude

December 19, 2008 5:23 PM | Link to this

Hi RW, Nope, I missed that part. I just get my news on the blog, so I don’t have time to hear everything. It is good that they are holding the documents until it is decided.

By The Corporal

December 19, 2008 5:24 PM | Link to this

To Logical Dude

Whatever the court says.

One is stealing however (the furniture) because it was done secretly.

By AmVet

December 19, 2008 5:25 PM | Link to this

As de facto head of the conservaturds, dickhead has done his job.

He has ensured they are going to be the minority party for a long, long time…

Good work chickenhawk.

Too bad he had to kill 4,200+ American kids needlessly to accomplish it.

How these two b@st@rdswere never impeached is completely beyond me…

By getalife

December 19, 2008 5:27 PM | Link to this

Come on Andy.

Give Blago a free pass too.

By RW-(the original)

December 19, 2008 5:30 PM | Link to this

LD,

All you had to do to get that news was read Jay B’s link.

By AJC/DNC Management

December 19, 2008 5:37 PM | Link to this

al-Gitmo: When did you hear me say that Darth shouldn’t hand over his records?

If I was him, I’d turn over a big stack of Hustler magazines and tell the press where did you think I was?

You libs would be able to insanely blog on that for months and then he could just disappear.

By then, the Pinko Nation will be in the throes of *BRDS and won’t pay him no mind.

*Blago Rat Derangement Syndrome.

ew

By RB from Gwinnett

December 19, 2008 5:52 PM | Link to this

Question for all your archivists? Do you not think the oval office is wired and taped? If so, do you not think there are records of Bill’s “mentoring” of interns in said office? What national interest would be served for those records to be made public? Now or ever?

Am I the only person who believes our President (and his staff) at times needs to do things in the best interest of this country without the likes of Jay Bookman needing to know about it so Jay can make a name for HIMSELF even at the expense of the nation as a whole? I firmly believe all of our Presidents do this and I’m OK with it. Jay’s the kind of guy who would publish our battle plans. I suspect many on this blog would as well.

Sad…

By Dick Nixon

December 19, 2008 6:15 PM | Link to this

I’m with you RB. The American people just want us good presidents to do our jobs any way we need to. Now, where are those missing minutes. I know they’re around here somewhere.

By catlady

December 19, 2008 9:47 PM | Link to this

Re: Chaney. Why would we expect him to behave any differently now that he is leaving? His rules have been his rules all along. Remember, during Vietnam he had “other things to do?” For 8 LONG years he has done whatever he dammed well pleased. At least he is consistent.

We can only hope that in this life or the next (or both) he will be held accountable for the mayhem he has caused. Amen.

By Chickenhawk

December 19, 2008 10:04 PM | Link to this

To Dick Nixon: Why didn’t you burn the tapes? And where is Fawn Hall these days?

By Eleanor Rigby

December 19, 2008 10:05 PM | Link to this

To Dick Nixon: Why didn’t you burn the tapes? And where is Fawn Hall these days?

By Eleanor Rigby

December 19, 2008 10:14 PM | Link to this

Forgive me for posting twice with two different names. The first time I tried to post my little wit it said it didn’t go through because I’ve been posting too much. Now, I haven’t posted in several weeks, so I assumed the name “Chickenhawk” was already taken. Sorry Chickenhawk, I wasn’t trying to steal your identity. :)

By Dick Nixon

December 20, 2008 7:13 AM | Link to this

Now let me make this point perfectly clear, what tapes. And, if there were any tapes, and I’m not saying that there were, they would be my tapes and if I wanted to record static or turn the recorder on and off, then I could do that because that’s what presidential people do. That’s why I’m Dick and you little people are not.

By spankmonkey

December 20, 2008 7:42 AM | Link to this

They are not “his” records. They are my records, and yours.

Wingnuts please take note, Cheney has rewritten the rules to suit him from Vietnam til today. This sets a precedent for sure. I would love to take a trip to the future and watch while you all howl in protest as Biden follows the precedent that has been set.

By Eric1

December 20, 2008 7:50 AM | Link to this

It’s painfully obvious. Cheeney is practicing the time honored tradition of CYA. Who could blame him? He doesn’t want to spend his remaining years in prison. Given Obama’s “let’s just all get along” policy, he’ll probably get away with eight years of crimes.

By Thomas Payne

December 20, 2008 8:08 AM | Link to this

I want the minutes from the first energy meeting. But I doubt they will ever show up.

By AF

December 20, 2008 12:40 PM | Link to this

BOth Cheney and Dubya Bush are loathsome. Is it even possible that Cheney could go to jail? If ever a politician deserved it, it is Cheney.

If he loses this time in court, he will just be back again to claim he is covered by Senate rules regarding his papers. The man lives a life of slight of hand - a true deceiver.

All you defending him, stop. All you wondering if we got all of Clinton’s papers - just stop. Cheney’s actions are not excused if Clinton did them. The association with Guatanemo - it is clear to me that Cheney hijacked and sequestered the truth and tortured the Constitution.

By Eleanor Rigby

December 20, 2008 12:48 PM | Link to this

Dick Nixon: You’re a hoot. I can’t wait to see your movie.

Don’t forget, if the president does it, it’s not against the law and you are not a crook! Sincerely, Dick C.

By Miggie

December 22, 2008 2:03 AM | Link to this

Bookman has a very flawed memory of the situation in 2002. NOBODY said we would be nuked. The President said that if we waited for the threat to be imminent, it would be too late.
Here is what all the Democrats said at the same time, which he neglects to disclose:

“One way or the other, we are determined to deny Iraq the capacity to develop weapons of mass destruction and the missiles to deliver them. That is our bottom line.” President Clinton, Feb. 4, 1998 This was a quote from President Clinton during a presentation at the Pentagon defending a decision to conduct military strikes against Iraq.

“If Saddam rejects peace and we have to use force, our purpose is clear. We want to seriously diminish the threat posed by Iraq’s weapons of mass destruction program.” President Clinton, Feb. 17, 1998 Bill Clinton went to the Pentagon on this occasion to be briefed by top military officials about Iraq and weapons of mass destruction. His remarks followed that briefing.

“Iraq is a long way from USA but, what happens there matters a great deal here. For the risks that the leaders of a rogue state will use nuclear, chemical or biological weapons against us or our allies is the greatest security threat we face.” Madeline Albright, Feb 18, 1998 This is a quote from Albright during an appearance at Ohio State University by Albright, who was Secretary of State for Bill Clinton.

“He will use those weapons of mass destruction again, as he has ten times since 1983.” Sandy Berger, Clinton National Security Adviser, Feb, 18, 1998 This was at the same Ohio State University appearance as Madeline Albright.
“We urge you, after consulting with Congress, and consistent with the U.S.Constitution and Laws, to take necessary actions, (including, if appropriate, air and missile strikes on suspect Iraqi sites) to respond effectively to the threat posed by Iraq’s refusal to end its weapons of mass destruction programs.” Letter to President Clinton, signed by Sens. Carl Levin, Tom Daschle, John Kerry, and others Oct. 9, 1998 According to the U.S. Senate website, the text of this letter was signed by several Senators, both Democrat and Republican, including Senator John McCain and Joseph Lieberman.

“Saddam Hussein has been engaged in the development of weapons of mass destruction technology which is a threat to countries in the region and he has made a mockery of the weapons inspection process.” Rep. Nancy Pelosi (D, CA), Dec. 16, 1998 The text of this statement by Nancy Pelosi is posted on her congressional website. “Hussein has .. chosen to spend his money on building weapons of mass destruction and palaces for his cronies.” Madeline Albright, Clinton Secretary of State, Nov. 10, 1999 This was from an appearance Albright made in Chicago. She was addressing the embargo of Iraq that was in effect at the time and criticism that it may have prevented needed medical supplies from getting into the country. Albright said, “There has never been an embargo against food and medicine. It’s just that Hussein has just not chosen to spend his money on that. Instead, he has chosen to spend his money on building weapons of mass destruction, and palaces for his cronies.” “If Saddam rejects peace and we have to use force, our purpose is clear. We want to seriously diminish the threat posed by Iraq’s weapons of mass destruction program.” President Clinton, Feb. 17, 1998- Bill Clinton went to the Pentagon on this occasion to be briefed by top military officials about Iraq and weapons of mass destruction. His remarks followed that briefing.

“I will be voting to give the President of the United States the authority to use force— if necessary— to disarm Saddam Hussein because I believe that a deadly arsenal of weapons of mass destruction in his hands is a real and grave threat to our security.” Sen. John F. Kerry (D, MA), Oct. 9, 2002- Senator Kerry’s comments were made to the Senate as part of the same debate over the resolution to use force against Saddam Hussein.

“In the four years since the inspectors left, intelligence reports show that Saddam Hussein has worked to rebuild his chemical and biological weapons stock, his missile delivery capability, and his nuclear program. He has also given aid, comfort, and sanctuary to terrorists, including al Qaeda members. It is clear, however, that if left unchecked, Saddam Hussein will continue to increase his capacity to wage biological and chemical warfare, and will keep trying to develop nuclear weapons.” Sen. Hillary Clinton (D, NY), Oct 10, 2002- Senator Clinton acknowledged the threat of Saddam Hussein but said she did not feel that using force at that time was a good option.

“Without question, we need to disarm Saddam Hussein. He is a brutal, murderous dictator, leading an oppressive regime He presents a particularly grievous threat because he is so consistently prone to miscalculation … And now he is miscalculating America’s response to his continued deceit and his consistent grasp for weapons of mass destruction So the threat of Saddam Hussein with weapons of mass destruction is real …” Sen. John F. Kerry (D, MA), Jan.23.2003- In a speech to Georgetown University. “We know that he has stored secret supplies of biological and chemical weapons throughout his country.” Al Gore, Sept. 23, 2002 This and the quote below was part of prepared remarks for a speech in San Francisco to The Commonwealth Club.

“Iraq’s search for weapons of mass destruction has proven impossible to deter and we should assume that it will continue for as long as Saddam is in power.” Al Gore, Sept. 23, 2002- “We have known for many years that Saddam Hussein is seeking and developing weapons of mass destruction.” Sen. Ted Kennedy (D, MA), Sept. 27, 2002-Part of a speech he gave at Johns Hopkins.

By Copyleft

December 22, 2008 10:41 AM | Link to this

Cheney has always declared he was above the law; nothing new there.

The only surprise is that there’s STILL no one willing to stand up to this criminal monster and put him behind bars where he belongs. That cowardice will be our country’s shame for years, or decades, to come.

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