BREAKING on Fast and Furious: Cunningham Agrees to Appear Before Issa’s Committee, Will Take the 5th
by AWR HawkinsYesterday, I had a post on Big Government which focused on a subpoena Rep. Darrell Issa had sent to Patrick J. Cunningham, Chief of the Criminal Division, U.S. Attorney’s Office for the District of Arizona. In both the subpoena and a letter accompanying it, Issa made two complaints: 1. That Cunningham had theretofore refused to voluntarily testify before the House Oversight Committee, and 2. That members of the DOJ had informed Issa that some of their inaccuracies in testimony were due to false information they’d been provided by Cunningham.
The subpoena demanded Cunningham testify before the committee on January 24, 2012. And yesterday, Cunningham’s attorney, Tobin J. Romero, made it known that although his client will show up as demanded, he will not be providing any information to Issa and the rest of the committee.
Here’s an excerpt from Romero’s letter:
My client, Patrick Cunningham, has spent his entire 32-year career in government service, including as a JAG officer in the United States Army, as a state court prosecutor, and as a federal prosecutor. He also served on the State Bar of Arizona’s Committee on Rules of Professional Conduct (Ethics Committee) from 1995 to 2002. When he returned to the United States Attorney’s Office in 2010, he did so to advance the law enforcement interests of the United States. Regrettably, he now finds himself caught in the middle of a dispute between the Legislative Branch and the Executive Branch, with both, according to the allegations in your letter, finding it convenient to make accusations that are inconsistent with the documentary evidence and the public record.
The body of the letter then highlights how Cunningham had, in fact, not knowingly provided inaccurate information to the DOJ (according to Romero). It also addresses the charge that Cunningham “approved…unacceptable tactics used in Fast and Furious” by asserting that this charge has not been backed up with documentation by the House Oversight Committee, and then hints at the fear that others may be positioning Cunningham as a fall guy for the Fast and Furious debacle.
Therefore, Romero wrote:
As a professional courtesy, and to avoid needless preparation for the Committee and its staff for a deposition next week, I am writing to advise you that my client is going to assert his constitutional privilege not to be compelled to be a witness against himself.
Last night, as a guest on NRA Radio’s Cam & Company, Cam and I discussed this very issue. We talked about whether or not Cunningham was being set up as a scapegoat for others who are much higher up the food chain in the Fast and Furious saga. Personally, I’m still not sure. However, it certainly is a possibility, and it’s clearly one that his attorney is using to justify his client’s silence on the gun-running scheme.







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102 Comments
Silence of the Lambs. We'll just have to keep climbing the chain of command until we get to the responsible party. And I DON'T mean stopping at holder.
Treasonous.
Cunningham needs sent to GITMO.
Cunningham's tongue will loosen after a few days of Watersports.
Un-friggin-believable. All of these political hacks think they are above the law, as does Holder and Obama.
I'm not sure who this helps or hurts. If this guy was gonna end up taking the fall for this, maybe it's better he doesn't testify. It's holder and obama that need to be held responsible.
Sure sounds bad even if he is innocent of any wrongdoing. Whom is he protecting – himself or his bosses?
It's time to subpoena Bari Shabazz aka Malcolm X Junior aka Barack Obama aka the Great Liar.
Silence Of The Guilty
Has that joker been fired yet? Refusing to talk to Congress by pleading the Fifth must be grounds for termination.
Unbelievable?
Where have you been since January 2009?
"Regrettably, he now finds himself caught in the middle of a dispute between the Legislative Branch and the Executive Branch, with both, according to the allegations in your letter, finding it convenient to make accusations that are inconsistent with the documentary evidence and the public record."
Cunningham’s attorney, Tobin J. Romero
So if this were true Cunningham should have no problem telling it like it is.Pleading the 5th is not a defense of the truth, seems more like a John Gotti defense to me.Could someone be telling Cunningham he will sleep with the fishes if he talks?Just askin'.
Can't get to the truth if he takes the 5th.
Does anyone know how long Cunningham has held that position and who appointed him? I can't find anything, but it might be interesting, especially if he is a conservative.
It's past time, draw up arrest warrants and charge sheets. Handcuff time for all.
Then subpoeana ALL documents with his name attached from the DOJ and charge him with perjury. He has ALREADY made statements that were provided to Congress that have been PROVEN false. Make him defend himself or spend time in JAIL!!!
As is the pattern for all the leftists, he will be thrown under the bus by his bosses. Clinto was famous for serving up his minions as the need suited him. Obama is no different. Hope he keeps his mouth shut and makes Issa continue up the chain of shame.
Folks, Issa has one more chance to demonstrate what government oversight actually means. Words will not display it, actions or inaction will.
Either oversight means "holding those responsible accountable"
or
oversight means "looking past it all".
And still the Silent Speaker hasn't said a word. So am I to take that as John Boehner pleading the 5th just like Cunningham? How can it be anything but that?
For all of you who think electing Republicans is the answer to the corruption we endure – take a real good hard look at The GunWalker scandal. Takea good look at how the only bipartisan effort going on here is the one trying to bury it all.
Brian Terry is owed better. As is his surviving family. And you know what? So do the rest of us.
Feb 2nd is make or brake, it is for all the marbles. Either Issa detonates or he fizzles. Either he shows that it is still possible to hold the corrupt accountable or he demonstrates that government can literally do anything with impunity.
Theater? Nope. I am just being honest.
The Committee staff probably has a pretty good idea of how much this guy knows and how valuable he could be. He doesn't look like a big fish, so if he knows some good stuff, I say offer him complete immunity for his testimony and then compel him to testify.
He should testify to protect himself.
One more arrow in the quiver. Remember, if this scandal reaches its crescendo in October of this year, what a powerful reason to not re-elect the #occupyDC mental midget currently residing at 1600 Pennsylvaia Ave.
Ok
Obama wanted to press thru some law that would allow the gubment to detain people without being charged. We could try it on this guy. Let him meditate and ponder for a few weeks. At some point, I suspect he would losen up. Or he could ponder in jail some more.
Sleep with Axlrod
Read between the lines of Romero's letter; Cunningham's testimony would fill some of the gaps created by DOJ stonewalling. Sounds like Cunningham doesn't want to be the first to testify about who knew what and when. He and the DOJ are dancing around the truth chair and he doesn't want to be left standing when the music stops. Ball is in Holder's court and the truth is probably in the bowels of the WH where Hillary's Rose Law Firm records turned up.
Even though there has been an almost total media blackout on this case, I have seen enough evidence to call for Holders impeachment, and if they can get all the emails I am quite certain that will tie Obama into this mess. Sick the FBI on these boys and find the rest of the info they are trying to cover up. The computer logs will give them the evidence they seek. I want to see Holder and Obama behind bars before the elections.
The truth is already self evident.
What is lacking is the people in positions of authority admitting it, and of course doing something about it.
His silence will say a lot….
So what's your opinion on this?
If Cunningham would have testified and was found that he had lied in his original statement, would that have allowed holder to use it as cover when he testifies in February?
I don't know which way to think about this just yet.
Yes.
Kidding aside, they are all protecting each other.
This Scandal rocks government itself to its core and displays everything that is so wrong within it. 9-11 brought about an entire "restructuring" of government. For this to happen and "nobody knew" but "underlings" can only mean that the entire "restructuring" is an abject failure. Worse yet that it enabled all of it to happen.
Dealing with GunWalker forthrightly would mean action that neither party wants to see take place and BOTH are doing everything possible to avoid ANY accountability in order to preserve government power over the individual.
So the reality is that people are not being protected here, power structure is. Power structure over We The People is what is being protected.
I bet, deep down, Issa is regretting taking this on….
Yes, the 2nd is put-up or shut-up for him….
I hadn't thought of that.
He may have been threatened. I keep forgetting the Chicago Way is still in effect.
http://www.legalspan.com/catalog2/faculty.asp?Use...
"Sick the FBI on these boys"
Umm, the FBI is IN on this. Some of the straw buyers were paid, FBI informants. The FBI "lost" the third weapon found at Brian Terry's murder scene. DEA was involved. Homeland Security was involved. The State Department was involved.
This thing is much bigger than meets the eye.
Since Cunningham chose an unwise legal path, caught between a rock and a hard case, its time to put him on a sucide watch, ala: Vince Foster.
Why is "Fast and Furious" taking so long to investigate and conclude?
Seems as though there's ample evidence to have at least a few public hangings!
Silences can be eloquent.
Not sure if the wording has been massaged over the years, because I remember that the phrase used to go "Under the Fifth Amendment, I refuse to answer that question BECAUSE IT WOULD TEND TO INCRIMINATE ME."
Um-hum!
The FBI is covering for Holder. We need a congressional Marshall Service to drag these government goons before committe. SGT. of ARMS needs more power.
Pleads the fifth and still has a job. The stench of corruption in this administration is overwhelming.
That is a good angle and I think the one Holder and company settled on after so many other excuses were obliterated.
I have to go back to a point I have made, or at least tried to, since the underling excuse was implemented. There is no way underlings coordinated all the various departments agencies and bureaus to facilitate the NICS checks, the passing on from strawbuyer to cartel associate and the overborder path. This HAD to be a top down direction operation for the coordination to happen and the deed done.
For the underling excuse to pass muster, for it to stick, there have to be literally thousands and thousands of people, across multiple organizations, fired, charged and prosecuted. Occum's razor comes into play here – underlings were doing as they were told. Just like Dodson said – he was ordered to let firearms under survey walk away.
I think the real ploy here is to simply muddy the waters in any way possible and run out the clock. Barry hopes he loses election (Holder hopes that too) or that Democrats take control of the House and the keep the Senate and the White House. Either way, it can the be buried, with a sweet payoff under the table, sealed to Brian Terry's family.
Sure Cunningham pleads the Fifth to avoid busting himself, cuz no matter what he is guilty, but in doing so he protects the bosses that directed him to do what was done.
I want to believe that Issa is going light it up soon, but I have to admit, my reservations about Issa and this "investigation" are playing out just as I have opined all along. Proof is in the pudding come the second of February and with this happening I am not so sure that hearing won't be cancelled. I have a gut feeling it might just be. Hence we are finding out about the pleading of the Fifth. I hope that gutcheck is just gas. Lol.
I think right now, all we can do is wait for the second to come and see whether or not Issa plays dog and pony or if he does what oversight is supposed to do. Actually, I can see that hearing lead into things that "have to be" discussed behind closed doors. I could also see Barry finally exercise Executive Privilege formally.
Regardless, this entire Scandal, the biggest and most meaningful of our lifetimes, is being buried right before our eyes and both parties are working tirelessly to make it so. Candidates for the Office won't even say a peep…..showing just how far the direction to HUSH reaches. Issa may prove me wrong there, and I hope he does, but one thing is for sure. Come the Second, there will be no way to spin it, no way to hide it no way to deny it.
An open cover up. Now there is something new. Hope and Change?
The Fibbies are part of it! Can you say NICS? Who do you think "allowed" the straw purchases to take place in the first place?
Holder and Obama need a scapegoat.
Issa's will say more if he does not snap when Holder appears. I do not mean soundbites, I do not mean speeches, I mean straightforward and tight "YES" or "NO", under oath specific questions.
Every drama come to its climax eventually and this oversight hearing is GunWalkers. The sand in the hourglass is down to its last few grains and simply turning it over again will simply not suffice. Accountability is so obviously due and that this has been going on for over a year already means it is now or never.
Issa has to put up or shut up. This hearing is where the curtain gets pulled back or everyone gets sent packing and the illusion continues endlessly. One or the other.
I suspect that it is due in no small part to the incompetence of the cadre of RINO leftist boot lickers on the Hill.
GMTA on the PUOSU factor!
I hadn't considered that angle about regretting taking this on though. He may well have found out more than he ever bargained for or thought he would. Great point there D.
I think the Fast and Furious and this Administration is all about supplying guns, drones and other military equipment to Iranian Islamists in an attempt to unsurp our government while Obama is out of the country on a little trip , and during the fall 2012-2013 #occupi season uprising and unrest. Thus the secret correspondence with Iran. He is trying to let them know he's down with all of it.
I really think there is a problem coming up.
But Janet had noooooooooooooooooo idea………
Uh huh. Sure. Riiiiiiiiight.
They all knew, and they all thought this was proper. In their minds, they were untouchable and they could pull it all off and nobody would be the wiser.
Even with all of it unfolding, they all push forward with elimination of rights altogether. Soon you will have to report, after you ask permission and pass a background check, to purchase multiple inkpens laptops and Bibles.
Good GAWD. How can it be that people are not snapping in the streets about this??? I know I know. I just let that slip out. Sorry.
BTW, that picture reminds me of the time I put new dividers in my locker and had all the toys on the bed…
To me. a few public lynchings would make the others involved talk even more.
Envy pours from my skin on that note D…..but so too does positive pride. It is always uplifting to hear about "caches" in the hands of true Freemen!
Folks will be so surprised when they finally see the Hezballah connection to Mexican cartels.
People are being beheaded in Mexico, the barbarism is increasing there, for a reason.
He may be afraid that he'll be goring his party's ox…..
I'm sure Bohner warned him to tread carefully….
That happens a lot in the intelligence community….
It's cost some people their lives….
I think you may be right.
Time for special prosecutor! These bums are dodging all over the place!
Sadly, that's the way it's been for too long…
Just tools of the trade….
Exactly D, it is not like this just began in 2009.
Matter of fact, it has been with us as long as this nation has been around and even before.
And that is why George Washington warned us all about political faction. We are so very close to the republic being gone entirely and folks just watch their American Idol like nothing is wrong and there is no danger.
Hey, maybe the Myans were on to something and the total destruction afoot in 2012 is of the slavery to the master called government and the parties in control of it rather than of the world itself??
Some say, La Raza is connected as well….
Maybe that is why Boehner was balling, maybe he wasn't the origin of said message, but rather the messenger who was too cowardly to stand up to the one who issued such a dictate.
Wouldn't it be a slice of divine justice to see Obama the anti-gunner's anti-gunner brought down over this? God does have a sense of humor, and justice.
Of Course. They are all connected. That is why Al Qaeda meant -the desk, the office, the center.
Folks in this country are absolutely oblivious to the actuality that it really is the world (with a few solid exceptions) against these united States and the protection of Individual Liberty that was born here.
If the media were hammering this 24/7 (as they would if it was a Republican administration) we might have justice done by now.
THE MEDIA IS COMPLICIT BECAUSE DEMOCRATS ARE THE CRIMINALS.
Hmmm. Thanks.
I agree that Feb 2 is a game changer (or not). But short of leading holder out of the hearing in shackles, I'm not looking for Issa to blow it open there. I'm thinking that holder plays on his "innocence/ignorance," and at worst experiences an "uncomfortable afternoon."
But it doesn't end there. If holder obfuscates (which he'll undoubtedly do), someone here has suggested the next step. That is, Issa offers Cunningham total immunity and compels him to testify. That'll be one way the lid can get blown off of this thing.
What do you think?
Yes, it would…
and I'm sure, he does….
The Myans weren't predicting destruction…
They were predicting the end of an era, and the begining of another…
Nuh uh.
The Fifth Amendment provides that no one may be compelled to be a witness against themself.
It is irrelevant whether it would be incriminating.
Information that is simply unflattering may be revealed.
Information that a prosecutor does not like may be given then used to "prove" the person is lying.
Juries are directly instructed that they should not presume anything from a defendent declining to testify.
Silence is an absolute right, and carries no more connotation of guilt than insisting on a speedy jury trial or bail does.
To disparage it is to undermine something the Founders thought so essential to liberty that they actually listed it in the Bill of Rights.
It's been my experience that when someone tells me how great they (Cunningham) were in the past, it's because they don't want you looking at the present. Issa should definitely make him invoke the 5th in person, a 100 times if possible, so we can all see it. We can then show it to our liberal friends and watch their heads spin about how "Bush did it too!"
Politicians, by nature, are cowards…
some, more than others…
We're really the ONLY thing standing in their way….
so are all of the Progressive RINOs…..
They've got just as much to lose…
Boom! Way to go, Petro. They're gonna need a bigger Bus!
Maybe Issa should subpoena JNap instead of Holder.
HA HA HA ! This just made my day………Wheeeeeeeeeeee!
Do you think this could be a major break in the case?
Seems like this indicates a riff in the DOJ's inner circle. I can't imagine a local U.S. Attorney going off on his own approving illegal gun sales. Just doesn't seem plausible.
I'm thinking it may be. At least an indication that DOJ knows "blanket denials" aren't going to work.
I guess we just keep our eyes open.
Seems to me, that more telling is the fact that there is something to keep his mouth closed for. I cannot see this as Cunningham covering his own butt, more like making sure he is not coerced into making a statement that may/will implicate those higher up than he.
Keep the train a rollin'!
No doubt.
This Cunningham has his own counsel now. I suspect he has information very useful to Issa, and his counsel hopes this is his clients get out of jail card. I bet Cunningham is being reassinged as we speak, to an outhouse in the middle of the Sonoran Desert.
Pleading the fifth, says it all.
Do folks that aren't guity of something take the fifth?
It is sad that so many people in elected office have not weighed in on this issue. Though they seem to weigh in on every other mundane non sensible issue.
Boehner, IMO, is an absolute failure as speaker of the house. He has had a firm majority in his house, passed bills, and pretty much been silent on the issues that he could have made more traction for a better, smaller govt. Alas, we know that Boehner is no small govt guy.
He should be supporting Issa in his efforts to get to top/bottom of FF.
His silence, to me, only implicates him in the scandal itself.
yeah that'll show'em….. SARCASM
CITIZEN GRAND JURY
this started in 2006 under bush. that is why it is not the central issue right now.
Worse than reassignment, he's actually "resigning" on Jan 27, "to take a job in the private sector."
I take it that he'd rather that new job wasn't punching out new license plates.
Sounds like a good case of contempt of Congress.
Or should we say the resemblance isgenetic? The whole scenario is beyond the realm of normalcy. Are we really such impotent pawns in the overal scheme of political events? <DIV style=”FONT-FAMILY: times new roman, new york, times, serif; FONT-SIZE: 12pt”> <DIV style=”FONT-FAMILY: times new roman, new york, times, serif; FONT-SIZE: 12pt”> <DIV dir=ltr> <DIV style=”BORDER-BOTTOM: #ccc 1px solid; BORDER-LEFT: #ccc 1px solid; PADDING-BOTTOM: 0px; LINE-HEIGHT: 0; MARGIN: 5px 0px; PADDING-LEFT: 0px; PADDING-RIGHT: 0px; HEIGHT: 0px; FONT-SIZE: 0px; BORDER-TOP: #ccc 1px solid; BORDER-RIGHT: #ccc 1px solid; PADDING-TOP: 0px”></DIV>
Cunningham isn't the bad guy here guys. Actually his pleading of the 5th shows that Issa finally found someone who isn't willing to get up there and obfuscate and delay and ultimately regurgitate Holder's company spiel. His pleading of the 5th is a tacit admission that there is something definitely rotten in Denmark (Dept. of Justice) and he wisely doesn't want to end up being the fall guy in all this by having even his truthful answers twisted against him by his good "friends" Holder et.al. This is a game changer. Holder's BFF may be the POTUS but it appears even the One won't be able to help him if this one guy continues to stand up and refuse to play along with the rest of this scum. Issa may have finally found Holder's weakest link. Now he just needs to keep yanking that chain…
Par for the course: Refuse to play. OK, put him under oath, let him claim the 5th, and then arrest him on an obstruction of justice charge where the 5th won't help him. Alternatively, give him a grant of use immunity and compel him to testify. Nobody wants this mid-level tool, it's his bosses that need to be put in jail. Folks, there are ways to get this done.
The 5th amendment does not extend to the incrimination of 3rd parties. He can be treated as a hostile witness and compelled to testify on subjects and data that do not incriminate him directly. It will be either testify or be thrown in jail for contempt.
He has the right to remain silent -if he says out loud that he intends to remain silent- (don't ya just love our supreme court's mindless idiocy?) but what he does not have is a right not to be questioned.
Honor demands he sing like a canary.
You may well be on to something here with this angle, however, if he is a man of honor he will simply tell the truth.
Hardly.
Wide Receiver id a program that started while Bush was President. However, that action included interdiction AND cooperation with the Mexican government.
Wide Receiver is NOT fast and furious. Your attempt to rehash an already fully debunked Blame Bush excuse is quite trite. Flawed facts, flawed premise and, really, a post totally without merit made by you there ZMB792.
Try again.
Now, that post right there, I will agree with and support ZMB792!
Holder has already demonstrated his willingness to obfuscate and at the last hearing he made it known he intended to continue doing so. Also made clear was that he was doing so absent Executive Privilege.
This is why Issa has to move now. He is being made to look like a fool each day that passes that he does not.
The man has already been compelled to speak as much as need be. He will either demonstrate honor and answer or he will not. I would bet immunity has already been offered, even if not formally, and it was rejected out of hand. I submit that is why Issa sent the letter he did.
Might Issa be playing hardball with this cat trying to rattle Holder? Maybe. Might he be doing so to rattle Cunningham himself or possible others? Could be. The fact remains that it has been a year already and the "it takes time" excuse is as worthless as all of the ones offered by the Obama administration to this point.
It means that all of this isn't really hardball at all, it only looks like it.
negative.
guns for drugs goes back to at least Reagan.
I'm not blaming bush for anything.
Obama & holder took the existing guns for drugs program and retooled it to strike at our second amendment. I will pull the links from my archives over the weekend for you.
How do you think holder slid out of those hearings without being scathed? He told them he would out the full history of the program.
pleading the 5th is the exact opposite of an admission of any kind.
It may stoke speculations and investigations but "admits" nothing.
no immunity.
"I would bet immunity has already been offered, even if not formally, and it was rejected out of hand."
Considering that until the last cancellation, Cunningham was claiming he would testify voluntarily, I doubt that immunity was offered. Just my suspicion.
And I might be wrong, but I believe a formal offer of immunity would remove the 5th amendment defense, because you can't then be incriminating yourself. At least that's the way I understand it.
I was kind of hoping the delays are some sort of a "vast right wing conspiracy" waiting to drop the truth bomb a few weeks before the election.
"pleading the 5th is the exact opposite of an admission of any kind.
It may stoke speculations and investigations but "admits" nothing."
You're missing the point. Of course pleading the 5th is "legally" not admitting to anything, by definition, but everyone knows full well that pleading the 5th is basically an admission of something to hide, by definition, and, as you say, will only further intensify an investigation. This is a game changer.
And I bet Cunningham will gladly tell the truth once Issa gets his act together and the guy is guaranteed he's not going to get stuck holding this bag when he starts answering questions. He will be basically going up against the POTUS and no one in his right mind is going to just automatically go up against the most powerful person in the free world without making darn sure all your bases are well covered. Can you imagine the pressure this guy is getting from all sides? Issa's got his work cut out for him.
He is not caught between the Executive Branch and the Legislative Branch. He is part of the Executive Branch. He is not some outside uninvolved observer. As the head of the Criminal Division of the U.S. Attorney's Office for AZ he is an at-will employee and must be considered a HIGH RANKING member of the Department of Justice. He gave information to Holder et. al that either was false or was correct. If he lied he should be fired (and maybe prosecuted) if Holder et al lied about his statements then screw them. By taking the 5th he is admitting that he lied.
His letter says that he returned to the US Attorneys Office in 2010. So he is an Obama appointee.
Contempt of Congress prosecutions are the responsibility of the Dept. of Justice. That will happen as soon as Holder authorizes the prosecution. Yah sure.
Not quite. He can remain silent when he is questioned by police. Even if he says he will remain silent in court he does not have that right. He can be found in contempt of court by remaining silent when instructed by a judge to answer a question. The only way he may remain silent is if the answer would incriminate him in a crime.
i.e. "Mr Jones, did you murder your best friend?"
Here Mr Jones can remain silent and/or invoke his 5th amendment rights.
'Mr Jones, Who's name was on the memo that initiated the project?"
Here he can be compelled to answer as reading a memo and telling the name of the person issuing the memo will not directly connect him with any crime. Pleading the 5th will just get the judge angry and cause him to spend more time behind bars.
Bottom line? Yes the SCOTUS did say that a person may remain silent when questioned by police. That does not translate to being able to remain silent in a courtroom unless the question would specifically violate the 5th amendment.
Well actually, reading a memo and knowing the name of the person issuing it can directly connect him with a crime – the memo could refer to a criminal act that he had a duty to report but did not.
But suppose he never saw the memo and says that. Then someone else testifies that he did see the memo. Even if the other person is simply wrong, if that other person is believed and he is not, the testimony that he never saw the memo is treated as a lie, and he become liable for that.
All that is required is the person have a reasonable concern that an answer may be used against them, regardless of whether or not they have actually committed a crime, is all that is required.
This is covered in Ohio v. Reiner. http://www.law.cornell.edu/supct/html/00-1028.ZPC...
I agree with you on all points. I was commenting on his atty's (Romero) quote which i also posted.
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