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Unlawful presence: not a crime

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Patrick Allen Reedy

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Dec 24, 2017, 4:40:54 PM12/24/17
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"Is being in the United States unlawfully a 'crime'?"

Unlawful presence is neither a felony nor a misdemeanor, said Ilya
Shapiro, a senior fellow in constitutional studies at the libertarian
Cato Institute. It is a civil infraction that results in removal and a
bar on re-entry for a certain period of time.

"Not everything that’s illegal — meaning against the law or violating
the law — is a crime," Shapiro said. "There are civil violations, like
when you get a parking ticket. ‘Unlawful presence’ is one of these. You
don't go to jail or receive any other criminal punishment for being in
the country illegally — you get deported."

Gabriel (Jack) Chin, a professor and director of clinical legal
education at the University of California-Davis law school, echoed this
analysis.

"It is not a crime to be present in the United States without
authorization, such as by overstaying a visa," Chin said. "But such a
person is subject to being deported."

http://www.politifact.com/florida/statements/2017/mar/15/florida-conference-catholic-bishops/being-united-states-unlawfully-crime/


"Is Illegal Immigration a Crime? Improper Entry v. Unlawful Presence"
By Brett Snider, Esq. on July 9, 2014 8:19 AM

What's the "illegal" part of being an illegal immigrant? Is it a crime
to simply be an undocumented immigrant residing in the United States?
What about sneaking across the border?

The confusion lies in the legal difference between improper entry and
unlawful presence. Here's what you need to know:

Improper Entry Is a Crime

To be clear, the most common crime associated with illegal immigration
is likely improper entry. Under federal criminal law, it is misdemeanor
for an alien (i.e., a non-citizen) to:

* Enter or attempt to enter the United States at any time or place
other than designated by immigration officers;
* Elude examination or inspection by immigration officers; or
* Attempt to enter or obtain entry to the United States by willfully
concealing, falsifying, or misrepresenting material facts.

The punishment under this federal law is no more than six months of
incarceration and up to $250 in civil penalties for each illegal entry.
These acts of improper entry -- including the mythic "border jumping" --
are criminal acts associated with illegally immigrating to the United
States.

Like all other criminal charges in the United States, improper entry
must be proven beyond a reasonable doubt in order to convict.

Unlawful Presence Is Not a Crime

Some may assume that all immigrants who are in the United States without
legal status /must/ have committed improper entry. This simply isn't the
case. Many foreign nationals legally enter the country on a valid work
or travel visa, but fail to exit before their visa expires for a variety
of reasons.

But mere unlawful presence in the country is /not/ a crime. It is a
violation of federal immigration law to remain in the country without
legal authorization, but this violation is punishable by /civil/
penalties, not criminal. Chief among these civil penalties is
deportation or removal, where an unlawful resident may be detained and
removed from the country. Unlawful presence can also have negative
consequences for a resident who may seek to gain re-entry into the
United States, or permanent residency.

http://blogs.findlaw.com/blotter/2014/07/is-illegal-immigration-a-crime-improper-entry-v-unlawful-presence.html



This is settled: unlawful presence is not a crime. If someone
overstays a tourist or student or work visa, or if a lawful permanent
resident alien doesn't renew his green card, then the person is
unlawfully present, but no crime has been committed. No one unlawfully
present *ever* faces criminal prosecution for that fact alone.

Gunner Asch

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Dec 25, 2017, 12:11:06 AM12/25/17
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On Sun, 24 Dec 2017 13:40:52 -0800, Patrick Allen Reedy <p...@tuft.con>
wrote:

>"Is being in the United States unlawfully a 'crime'?"
>
>Unlawful presence is neither a felony nor a misdemeanor, said Ilya
>Shapiro, a senior fellow in constitutional studies at the libertarian
>Cato Institute. It is a civil infraction that results in removal and a
>bar on re-entry for a certain period of time.
>
>"Not everything that’s illegal — meaning against the law or violating
>the law — is a crime," Shapiro said. "There are civil violations, like
>when you get a parking ticket. ‘Unlawful presence’ is one of these. You
>don't go to jail or receive any other criminal punishment for being in
>the country illegally — you get deported."


Look at the poor bastard talking in a big circle....around and around
he goes..trying desperately to make his case..and failing miserably.


---
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Patrick Allen Reedy

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Dec 25, 2017, 2:27:37 PM12/25/17
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On 12/24/2017 9:11 PM, Gunner Asch wrote:
> On Sun, 24 Dec 2017 13:40:52 -0800, Patrick Allen Reedy <p...@tuft.con>
> wrote:
>
>> "Is being in the United States unlawfully a 'crime'?"
>>
>> Unlawful presence is neither a felony nor a misdemeanor, said Ilya
>> Shapiro, a senior fellow in constitutional studies at the libertarian
>> Cato Institute. It is a civil infraction that results in removal and a
>> bar on re-entry for a certain period of time.
>>
>> "Not everything that’s illegal — meaning against the law or violating
>> the law — is a crime," Shapiro said. "There are civil violations, like
>> when you get a parking ticket. ‘Unlawful presence’ is one of these. You
>> don't go to jail or receive any other criminal punishment for being in
>> the country illegally — you get deported."
>
>
> Look at the poor bastard talking in a big circle

Nope - a straight line to the truth, which proves you wrong.

Unlawful presence is not a crime. It's a civil infraction, and is not
subject to any criminal penalties.

Gunner Asch

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Dec 25, 2017, 6:17:40 PM12/25/17
to
On Mon, 25 Dec 2017 11:27:34 -0800, Patrick Allen Reedy <p...@tuft.con>
wrote:

>>
>>
>> Look at the poor bastard talking in a big circle
>
>Nope - a straight line to the truth, which proves you wrong.

https://fairus.org/issue/illegal-immigration/illegal-immigration-crime

Each year the Border Patrol apprehends hundreds of thousands of aliens
who flagrantly violate our nation's laws by unlawfully crossing U.S.
borders. Such illegal entry is a misdemeanor, and, if repeated after
being deported, becomes punishable as a felony.

M.I.Wakefield

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Dec 25, 2017, 7:32:52 PM12/25/17
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"Gunner Asch" wrote in message
news:sm134d9252ruvln71...@4ax.com...

> On Mon, 25 Dec 2017 11:27:34 -0800, Patrick Allen Reedy <p...@tuft.con>
> wrote:

> >> Look at the poor bastard talking in a big circle
> >
> >Nope - a straight line to the truth, which proves you wrong.

> https://fairus.org/issue/illegal-immigration/illegal-immigration-crime

> Each year the Border Patrol apprehends hundreds of thousands of aliens who
> flagrantly violate our nation's laws by unlawfully crossing U.S. borders.
> Such illegal entry is a misdemeanor, and, if repeated after being
> deported, becomes punishable as a felony.

Both things are true: Illegally crossing the border is a criminal offence,
but being in the US without legal status is not.

"[Visa] overstays have exceeded those entering illegally every year since
2007, and there have been half a million more overstays than illegal entries
since 2007."

https://www.nbcnews.com/news/latino/visa-overstays-outnumber-illegal-border-crossings-trend-expected-continue-n730216

benj

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Dec 25, 2017, 9:33:41 PM12/25/17
to
On 12/25/2017 6:17 PM, Gunner Asch wrote:
> On Mon, 25 Dec 2017 11:27:34 -0800, Patrick Allen Reedy <p...@tuft.con>
> wrote:
>
>>>
>>>
>>> Look at the poor bastard talking in a big circle
>>
>> Nope - a straight line to the truth, which proves you wrong.
>
> https://fairus.org/issue/illegal-immigration/illegal-immigration-crime
>
> Each year the Border Patrol apprehends hundreds of thousands of aliens
> who flagrantly violate our nation's laws by unlawfully crossing U.S.
> borders. Such illegal entry is a misdemeanor, and, if repeated after
> being deported, becomes punishable as a felony.

Come on Gunner, These immigrants are just DREAMERS who only want a
better life... a better life like you've got. What's wrong with that?
In fact, they actually want YOUR better life. Why not? Don't they
deserve your stuff because of the effort of getting here? What did you
do for it? Why should you enjoy all the government social services if
you are poor. Other people are poor too. And they are DREAMERS! They
dream of a better life you can't imagine. This is why all Libs always
allow 2 or 3 families of "immigrants" to stay in their homes with them.
They feed them and support them and grant them sanctuary so that their
central American dreams can come true. What is wrong with that?
Think of all those alien children dreamers that Trump hates. Are you
going to allow that? Give what you have for the children.

Clave

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Dec 25, 2017, 9:37:35 PM12/25/17
to
On 12/25/2017 6:33 PM, benj wrote:
> On 12/25/2017 6:17 PM, Gunner Asch wrote:
>> On Mon, 25 Dec 2017 11:27:34 -0800, Patrick Allen Reedy <p...@tuft.con>
>> wrote:
>>
>>>>
>>>>
>>>> Look at the poor bastard talking in a big circle
>>>
>>> Nope - a straight line to the truth, which proves you wrong.
>>
>> https://fairus.org/issue/illegal-immigration/illegal-immigration-crime
>>
>> Each year the Border Patrol apprehends hundreds of thousands of aliens
>> who flagrantly violate our nation's laws by unlawfully crossing U.S.
>> borders. Such illegal entry is a misdemeanor, and, if repeated after
>> being deported, becomes punishable as a felony.
>
> Come on Gunner, These immigrants are just DREAMERS who only want a
> better life... a better life like you've got. What's wrong with that?
> In fact, they actually want YOUR better life.

What a pathetically stupid lie.


Patrick Allen Reedy

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Dec 25, 2017, 10:55:55 PM12/25/17
to
On 12/25/2017 3:17 PM, Gunner Asch wrote:
> On Mon, 25 Dec 2017 11:27:34 -0800, Patrick Allen Reedy <p...@tuft.con>
> wrote:
>
>>>
>>>
>>> Look at the poor bastard talking in a big circle
>>
>> Nope - a straight line to the truth, which proves you wrong.
>
> https://fairus.org/issue/illegal-immigration/illegal-immigration-crime
>
> Each year the Border Patrol apprehends hundreds of thousands of aliens
> who flagrantly violate our nation's laws by unlawfully crossing U.S.
> borders. Such illegal entry is a misdemeanor, and, if repeated after
> being deported, becomes punishable as a felony.

Yes. There is no doubt that improper entry is a crime. By contrast,
unlawful presence is not a crime.

Unlawful presence does not imply improper entry. More than 60% of those
who are unlawfully present entered the country properly.

Patrick Allen Reedy

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Dec 25, 2017, 11:01:15 PM12/25/17
to
On 12/25/2017 4:32 PM, M.I.Wakefield wrote:
> "Gunner Asch"  wrote in message
> news:sm134d9252ruvln71...@4ax.com...
>
>> On Mon, 25 Dec 2017 11:27:34 -0800, Patrick Allen Reedy <p...@tuft.con>
>> wrote:
>
>> >> Look at the poor bastard talking in a big circle
>> >
>> >Nope - a straight line to the truth, which proves you wrong.
>
>> https://fairus.org/issue/illegal-immigration/illegal-immigration-crime
>
>> Each year the Border Patrol apprehends hundreds of thousands of aliens
>> who flagrantly violate our nation's laws by unlawfully crossing U.S.
>> borders. Such illegal entry is a misdemeanor, and, if repeated after
>> being deported, becomes punishable as a felony.
>
> Both things are true:  Illegally crossing the border is a criminal
> offence, but being in the US without legal status is not.

*Correct*.

> "[Visa] overstays have exceeded those entering illegally every year
> since 2007, and there have been half a million more overstays than
> illegal entries since 2007."
>
> https://www.nbcnews.com/news/latino/visa-overstays-outnumber-illegal-border-crossings-trend-expected-continue-n730216

Also correct.

Patrick Allen Reedy

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Dec 25, 2017, 11:03:21 PM12/25/17
to
On 12/25/2017 6:33 PM, benj wrote:
> On 12/25/2017 6:17 PM, Gunner Asch wrote:
>> On Mon, 25 Dec 2017 11:27:34 -0800, Patrick Allen Reedy <p...@tuft.con>
>> wrote:
>>
>>>>
>>>>
>>>> Look at the poor bastard talking in a big circle
>>>
>>> Nope - a straight line to the truth, which proves you wrong.
>>
>> https://fairus.org/issue/illegal-immigration/illegal-immigration-crime
>>
>> Each year the Border Patrol apprehends hundreds of thousands of aliens
>> who flagrantly violate our nation's laws by unlawfully crossing U.S.
>> borders. Such illegal entry is a misdemeanor, and, if repeated after
>> being deported, becomes punishable as a felony.
>
> Come on Gunner, These immigrants are just DREAMERS who only want a
> better life... a better life like you've got. What's wrong with that?

Wieber's cushy life comes at public expense.

> In fact, they actually want YOUR better life.

No, they want a better life than Wieber's dole-scrounger life, and
they're willing to work hard to get it, too.

Frank

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Dec 26, 2017, 1:41:54 PM12/26/17
to
Thread reminds me of a cousin's story. My cousin was a city cop. He
caught a guy driving a stolen car. At the trial the judge asked my
cousin if he had seen him steal it and my cousin said, no, he just
caught him driving it. Judge gave the guy one month suspended sentence
for driving without the owners permission.

I think my cousin's story is mundane to the stupid original premise.

Patrick Allen Reedy

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Dec 26, 2017, 1:50:23 PM12/26/17
to
> I think my cousin's story is mundane [sic] to the stupid original premise.

You misused "mundane" - clearly you don't know what the word means.

If your cousin had said that the car had been reported stolen and he had
confirmed the report before arresting the driver, the the thief would
likely have been convicted and sentenced to prison. This gets to the
issue of probable cause. Quite possibly your cousin had no probable
cause for arresting the man in the first place. Charges are dismissed,
or convictions are overturned, for that reason all the time.

Anyway, your inference is false. You are inferring that someone who is
unlawfully present *must* have entered the country improperly
(illegally). That simply is not the case. 60% of those unlawfully
present are "visa overstays" - people who properly, i.e. legally,
entered the country on some kind of visa but then remained here after
the expiration of their visas. Unlawful presence is not a crime.

busta rhymes

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Dec 26, 2017, 3:36:43 PM12/26/17
to
On 12/26/2017 11:50 AM, Patrick Allen Reedy wrote:
> You misused "mundane" - clearly you don't know what the word means.

++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
http://thehill.com/blogs/floor-action/house/306425-house-panel-approves-enforcement-based-immigration-bill

http://pvangels.com/news-mexico/7390/unlawful-presence-in-the-us-a-federal-crime

During markup on Tuesday, the House committee approved — on a 21-16
party-line vote — an amendment to the bill that would make an unlawful
presence in the United States a federal crime. Unlawful presence is
currently considered a civil offense. The amendment was proposed by
House Judiciary Committee Chairman Bob Goodlatte (R-Va.).


https://www.usatoday.com/story/news/politics/2013/06/17/immigration-house-illegal-presence-crime/2420387/

It is already a federal misdemeanor crime under current law to illegally
enter the United States. The proposal would make it a crime if someones
stays beyond their visa, and it would eliminate a current five-year
statute of limitations on prosecution of such crimes.

https://www.congress.gov/bill/115th-congress/senate-bill/127/text
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

STFU little man Ball, you worthless traitorous failed home appriaser worm!


I think it's time for shitbag tRudey/Jonathan Ball to be TOS'd.

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Wile E. Coyote

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Dec 27, 2017, 1:48:16 PM12/27/17
to
benj <be...@nobody.net> wrote in news:7yi0C.148720$Cr5....@fx36.iad:

> Come on Gunner, These immigrants are just DREAMERS who only want a
> better life.

Actually they want to rape white girls and drive drunk and wipe out whole
families.

--
It's time for the students to step up their game and kill people like
Coulter.

Siri Cruise <chine...@yahoo.com> April 25, 2017

Norman Rae

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Dec 27, 2017, 2:22:49 PM12/27/17
to
On 12/27/2017 10:48 AM, Wile E. Coyote wrote:
> benj <be...@nobody.net> wrote in news:7yi0C.148720$Cr5....@fx36.iad:
>
>> Come on Gunner, These immigrants are just DREAMERS who only want a
>> better life.
>
> Actually I want to rape white girls and drive drunk and wipe out whole
> families.

So you need to be shot to death, then deported.

Wile E. Coyote

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Dec 27, 2017, 3:56:05 PM12/27/17
to
Norman Rae <some...@the.great.beyond> wrote in news:aqS0C.78645$bJ2.8955
@fx07.iad:
As usual, fraud, lies and deceit are the lefties stock in trade.

Wile E. Coyote

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Dec 29, 2017, 4:13:50 PM12/29/17
to
Norman Rae <some...@the.great.beyond> wrote in news:aqS0C.78645$bJ2.8955
@fx07.iad:

No, I want to shoot you and then bury you and forget about you.

Norman Rae

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Dec 29, 2017, 4:37:30 PM12/29/17
to
On 12/29/2017 1:13 PM, Wile E. Coyote wrote:
> Norman Rae <some...@the.great.beyond> wrote in news:aqS0C.78645$bJ2.8955
> @fx07.iad:
>
>> On 12/27/2017 10:48 AM, Wile E. Coyote wrote:
>>> benj <be...@nobody.net> wrote in news:7yi0C.148720$Cr5....@fx36.iad:
>>>
>>>> Come on Gunner, These immigrants are just DREAMERS who only want a
>>>> better life.
>>>
>>> Actually I want to rape white girls and drive drunk and wipe out whole
>>> families.
>>
>> So you need to be shot to death, then deported.
>>
>
> No, I want to shoot you and then bury you

Not going to happen. You agree.

Siri Cruise

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Dec 29, 2017, 6:33:55 PM12/29/17
to
In article <XnsA85AA51A051B8We...@85.214.115.223>,
"Wile E. Coyote" <nuke_them_...@sulaco.com> wrote:

> Norman Rae <some...@the.great.beyond> wrote in news:aqS0C.78645$bJ2.8955
> @fx07.iad:
>
> > On 12/27/2017 10:48 AM, Wile E. Coyote wrote:
> >> benj <be...@nobody.net> wrote in news:7yi0C.148720$Cr5....@fx36.iad:
> >>
> >>> Come on Gunner, These immigrants are just DREAMERS who only want a
> >>> better life.
> >>
> >> Actually I want to rape white girls and drive drunk and wipe out whole
> >> families.
> >
> > So you need to be shot to death, then deported.
> >
>
> No, I want to shoot you and then bury you and forget about you.

You're such a good christian lad.

--
:-<> Siri Seal of Disavowal #000-001. Disavowed. Denied. Deleted. @
'I desire mercy, not sacrifice.' /|\
I'm saving up to buy the Donald a blue stone This post / \
from Metebelis 3. All praise the Great Don! insults Islam. Mohammed

Wile E. Coyote

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Jan 1, 2018, 5:12:57 PM1/1/18
to
Norman Rae <some...@the.great.beyond> wrote in news:sAy1C.11153$GH3.2676
@fx09.iad:
Present yourself in person, sparky.

Wile E. Coyote

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Jan 1, 2018, 5:13:50 PM1/1/18
to
Siri Cruise <chine...@yahoo.com> wrote in news:chine.bleu-
A817C8.153...@reader.eternal-september.org:

> In article <XnsA85AA51A051B8We...@85.214.115.223>,
> "Wile E. Coyote" <nuke_them_...@sulaco.com> wrote:
>
>> Norman Rae <some...@the.great.beyond> wrote in news:aqS0C.78645
$bJ2.8955
>> @fx07.iad:
>>
>> > On 12/27/2017 10:48 AM, Wile E. Coyote wrote:
>> >> benj <be...@nobody.net> wrote in news:7yi0C.148720$Cr5....@fx36.iad:
>> >>
>> >>> Come on Gunner, These immigrants are just DREAMERS who only want a
>> >>> better life.
>> >>
>> >> Actually I want to rape white girls and drive drunk and wipe out
whole
>> >> families.
>> >
>> > So you need to be shot to death, then deported.
>> >
>>
>> No, I want to shoot you and then bury you and forget about you.
>
> You're such a good christian lad.
>

Not particularly. I just recognize the enemies of peace when I see them.

Norman Rae

unread,
Jan 1, 2018, 5:36:39 PM1/1/18
to
On 1/1/2018 2:12 PM, Wile E. Coyote wrote:
> Norman Rae <some...@the.great.beyond> wrote in news:sAy1C.11153$GH3.2676
> @fx09.iad:
>
>> On 12/29/2017 1:13 PM, Wile E. Coyote wrote:
>>> Norman Rae <some...@the.great.beyond> wrote in news:aqS0C.78645
> $bJ2.8955
>>> @fx07.iad:
>>>
>>>> On 12/27/2017 10:48 AM, Wile E. Coyote wrote:
>>>>> benj <be...@nobody.net> wrote in news:7yi0C.148720$Cr5....@fx36.iad:
>>>>>
>>>>>> Come on Gunner, These immigrants are just DREAMERS who only want a
>>>>>> better life.
>>>>>
>>>>> Actually I want to rape white girls and drive drunk and wipe out whole
>>>>> families.
>>>>
>>>> So you need to be shot to death, then deported.
>>>>
>>>
>>> No, I want to shoot you and then bury you
>>
>> Not going to happen. You agree.
>>
>
> Present yourself in person

Come find me, pee-wee.

Siri Cruise

unread,
Jan 1, 2018, 5:46:43 PM1/1/18
to
In article <XnsA85DAF4628D85We...@85.214.115.223>,
"Wile E. Coyote" <nuke_them_...@sulaco.com> wrote:

> >> No, I want to shoot you and then bury you and forget about you.
> >
> > You're such a good christian lad.
> >
>
> Not particularly. I just recognize the enemies of peace when I see them.

You mean people who want to murder others.

Wile E. Coyote

unread,
Jan 1, 2018, 10:34:21 PM1/1/18
to
Norman Rae <some...@the.great.beyond> wrote in news:VJy2C.71733$oY6.65172
@fx26.iad:

> On 1/1/2018 2:12 PM, Wile E. Coyote wrote:
>> Norman Rae <some...@the.great.beyond> wrote in news:sAy1C.11153
$GH3.2676
>> @fx09.iad:
>>
>>> On 12/29/2017 1:13 PM, Wile E. Coyote wrote:
>>>> Norman Rae <some...@the.great.beyond> wrote in news:aqS0C.78645
>> $bJ2.8955
>>>> @fx07.iad:
>>>>
>>>>> On 12/27/2017 10:48 AM, Wile E. Coyote wrote:
>>>>>> benj <be...@nobody.net> wrote in news:7yi0C.148720$Cr5.98795
@fx36.iad:
>>>>>>
>>>>>>> Come on Gunner, These immigrants are just DREAMERS who only want a
>>>>>>> better life.
>>>>>>
>>>>>> Actually I want to rape white girls and drive drunk and wipe out
whole
>>>>>> families.
>>>>>
>>>>> So you need to be shot to death, then deported.
>>>>>
>>>>
>>>> No, I want to shoot you and then bury you
>>>
>>> Not going to happen. You agree.
>>>
>>
>> Present yourself in person
>
> Come find me, pee-wee.
>

Didn't think so.

Wile E. Coyote

unread,
Jan 1, 2018, 10:34:58 PM1/1/18
to
Siri Cruise <chine...@yahoo.com> wrote in news:chine.bleu-
246EA1.144...@reader.eternal-september.org:

> In article <XnsA85DAF4628D85We...@85.214.115.223>,
> "Wile E. Coyote" <nuke_them_...@sulaco.com> wrote:
>
>> >> No, I want to shoot you and then bury you and forget about you.
>> >
>> > You're such a good christian lad.
>> >
>>
>> Not particularly. I just recognize the enemies of peace when I see them.
>
> You mean people who want to murder others.
>

Like antifa and Planned Parenthood.

Norman Rae

unread,
Jan 2, 2018, 3:44:45 PM1/2/18
to
We *know* you're not interested in mixing it up, fruitcake.

Clave

unread,
Jan 2, 2018, 4:45:33 PM1/2/18
to

Wile E. Coyote

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Jan 2, 2018, 8:29:27 PM1/2/18
to
Norman Rae <some...@the.great.beyond> wrote in
news:ZaS2C.83315$CG.1...@fx34.iad:
Have gun, will travel.

Notice that the cowards talk big but when confronted pull thier dresses
over thier heads and run away.

Norman Rae

unread,
Jan 2, 2018, 8:52:54 PM1/2/18
to
I've already told you: come on over.

You won't. You're nothing but mouth. You've never shot anyone, not
even defensively, and you never will.
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