Poll of the Day > Trump Administration defends campus sexual assault rules.

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WastelandCowboy
07/20/18 9:00:28 PM
#1:


https://www.npr.org/2018/07/20/630742928/trump-administration-defends-campus-sexual-assault-rules

Trump administration lawyers are defending their new rules on how campuses should handle cases of sexual assault. Education Secretary Betsy DeVos issued the new guidance last fall after scrapping Obama-era rules that she said were forcing schools to violate the due process rights of the accused. Survivors' advocates filed a federal lawsuit shortly after, arguing DeVos' replacement guidelines discriminate against accusers and discourage them from reporting assaults.

"The message that is sent is that the administration believes that women who report sexual harassment and violence are liars," says Jennifer Reisch, legal director of Equal Rights Advocates, one of three groups that brought the lawsuit. She spoke to reporters Thursday after a hearing on the lawsuit at the U.S. District Court in San Francisco.

DeVos' interim guidelines allow schools to demand a higher standard of evidence that would make it tougher to prove an assault, permit schools to hear appeals only from the accused, and let investigations go on for an indefinite amount of time.

None of that was allowed in the Obama era.

The prior administration also used to require schools to protect alleged victims during investigations; now that is at schools' discretion. And the old norm of making the accused student stay away from the accuser is now considered unfair. Schools are supposed to be evenhanded prompting some to rely on "no-contact" orders that apply to both students. But Reisch argues that putting the onus on alleged victims unfairly punishes them by restricting where they can go and live.

"It is sending a message that you come forward at your peril," she says.

Robin Thurston, a senior counsel for the Democracy Forward Foundation and one of the attorneys bringing the lawsuit against the Trump administration's guidance, says, "Survivors are being chilled from coming forward."

"The guidance harms women," Thurston says. "And we think there's really significant evidence that the decision-makers at the Department of Education were motivated by a view that women and girls in general make false accusations of sexual assault. And the law is very clear that if the government was motivated by a discriminatory mindset, that's unconstitutional."

The lawsuit cites public comments by DeVos that plaintiffs say exaggerate the problem of false accusations. It also points to a comment from the then-acting Assistant Secretary for Civil Rights Candice Jackson, who told The New York Times last summer that she believed "90 percent" of campus sexual assault allegations are really just about drunk sex or morning-after regrets. Jackson later apologized for the "flippant" remark, insisting it poorly characterized her actual beliefs.

The lawsuit also cites comments from President Trump, who has dismissed women who've accused him as "phony accusers" who out for "some free fame."

"This discriminatory and stereotyped view of women and girls has become formal White House policy," the suit argues, and the "administration's animus toward woman gives license to ... Executive branch decision makers who share the same discriminatory views."

Government officials declined to comment on pending litigation, but in court papers, attorneys argue that a "handful of statements" do not prove "sexism" or discriminatory intent. They argue the case should be thrown out on procedural grounds because the plaintiffs haven't sufficiently established that they were harmed by the new guidance and because the guidance is only temporary anyway.

Defense attorney Justin Dillon, who represents students accused of sexual assault but is not involved with the case, calls it "completely frivolous."
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WastelandCowboy
07/20/18 9:01:35 PM
#2:


Dillon was the lawyer who sued the Obama administration in 2016, arguing its guidance was unlawful because it didn't go through the proper approval process. But he says that case was different because it specifically named a student and a school harmed by the policy. That lawsuit was withdrawn after the Obama-era guidance was revoked by the Trump administration.

Dillon calls DeVos' September 2017 guidance a "good tonal shift, and a good signal to universities that the era of ignoring due process is over." While he says he is disappointed that it hasn't yet sparked more changes in campus policies, he says campuses that are making changes are making things more fair.

For example, he says that DeVos' new rules protect students from being "ambushed" without knowing the charges or evidence against them and that interim measures now tend to be less "draconian." And if not, Dillon says, the new guidance makes it easier to assert accused students' due process rights, as happened when a school kicked one of his clients off campus while an investigation was still pending.

"I went to them and cited the guidance and said, 'You can't do this, you're interfering with his education,' " he recalls. "And in that case, I was able to persuade them to let him back on campus."

For schools, the change has brought some measure of confusion. Most are taking a wait-and-see approach, as DeVos is expected to propose permanent rules this fall. It may take until the end of the school year, or longer, for those rules to be finalized.

In the meantime, campuses continue to face lawsuits from alleged victims and increasingly successful legal challenges from accused students.

"In a lot of ways, it does feel like you're a bit caught in the middle," says Martha Alexander, executive director of the Office Of Institutional Equity and Equal Opportunity and Title IX coordinator for the University of Kentucky.

The university just changed its policy in June. It keeps the standard of evidence low, but Alexander says, "To make it a more balanced policy to make sure all parties had a fair shot," it builds in more due process protections for accused students. Hearing panels now need to be unanimous when finding a student at fault, and only accused students are now allowed to bring appeals.

"I think that this policy, and these changes, really is a step towards getting to a more fair system," Alexander says.

Many campuses say they welcome what they see as more freedom to set rules as they see fit, with less onerous oversight from the government.

Peter McDonough, vice president and general counsel for the American Council on Education, a group that represents college and university presidents, says many college presidents are no longer operating in constant fear of the Department of Education's Office for Civil Rights, which oversees enforcement of Title IX, the federal law that bars gender discrimination in education.

Back in the days of the Obama administration, when an individual student complained to the OCR about his or her school, the office would not only investigate that case it would automatically trigger a systemic investigation of the school, checking for anything else that might be amiss, which could take years. Campuses felt investigations would stay open "until something was found," McDonough says, which was viewed as a "gotcha approach."

Under the Trump administration, a student complaint to the government is treated more like an isolated incident. McDonough says schools now see the government as more ally than adversary.
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WastelandCowboy
07/20/18 9:01:40 PM
#3:


But Catherine Lhamon, assistant secretary for civil rights in the Department of Education during the Obama administration, says the OCR must be more aggressive in trying to uncover whether schools are handling all cases fairly.

"If the government only investigates [complaints that a student] thinks to bring to the government, the government's not doing its job," she says. "And I worry every day that [schools are getting] effectively a pass on complying with the law. And that will ruin young lives."

But if the Trump administration's approach prompts some schools to ease up on how they handle sexual assault cases, it's also already prompting others schools to double down, according to Andrew Miltenberg, an attorney who has represented hundreds of accused students.

"It's driven very much by personal politics ... as opposed to institutional policy," he says. "There has been a very palpable sense of, 'Hell no! Women have rights, and I'm not turning around and changing how we treat rape victims just because we have Donald Trump as a president.' I've heard it too many times to discount."

Miltenberg says policy corrections are needed, but they must be consistent and measured. Campuses that flout due process protections are as troubling, he says, as schools that are now meting out probation for offenses that used to get expulsions.


I've been abstaining from posting news regarding Trump and his Merry Band of Clowns since it's just getting me riled-up and depressed, but this is just bullshit.
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FrndNhbrHdCEman
07/20/18 9:02:00 PM
#4:


Thanks Trump. Ya perv.
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JazzMasterZero
07/20/18 9:04:55 PM
#5:


Honestly Im so sick and tired of people making a mountain out of a mole hill with everything that Trump is even remotely associated with that Im going to vote for him in 2020 even though I dont like him.
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WastelandCowboy
07/20/18 9:06:35 PM
#6:


JazzMasterZero posted...
Honestly Im so sick and tired of people making a mountain out of a mole hill with everything that Trump is even remotely associated with that Im going to vote for him in 2020 even though I dont like him.

Or just not vote?
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FrndNhbrHdCEman
07/20/18 9:08:57 PM
#7:


JazzMasterZero posted...
Honestly Im so sick and tired of people making a mountain out of a mole hill with everything that Trump is even remotely associated with that Im going to vote for him in 2020 even though I dont like him.

Like sayin your sick of the dentist so ya plan on pullin out all your teeth.
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PuddingBoy
07/20/18 9:10:38 PM
#8:


JazzMasterZero posted...
Honestly Im so sick and tired of people making a mountain out of a mole hill with everything that Trump is even remotely associated with that Im going to vote for him in 2020 even though I dont like him.

"I'm so tired of people making mountains out of mole hills that I'm going to do something that will cause them to create more mountains for the next four years."
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ifnsman
07/20/18 9:11:27 PM
#9:


JazzMasterZero posted...
Honestly Im so sick and tired of people making a mountain out of a mole hill with everything that Trump is even remotely associated with that Im going to vote for him in 2020 even though I dont like him.


Wow, that's just pitiful.
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Zeus
07/20/18 9:14:00 PM
#10:


WastelandCowboy posted...

I've been abstaining from posting news regarding Trump and his Merry Band of Clowns since it's just getting me riled-up and depressed, but this is just bullshit.


What's bullshit is that these cases don't go to the cops like they fucking should. Instead you have assclowns with no real qualifications investigating the cases and making determinations with long-term ramifications on the lives of those accused, many of whom -- I might add -- are accused wrongly. And the bad accusations *only* seem to truly come out when the actual courts (ie, not the college's kangaroo courts) are involved.
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FrndNhbrHdCEman
07/21/18 4:49:45 AM
#11:


Zeus posted...
WastelandCowboy posted...

I've been abstaining from posting news regarding Trump and his Merry Band of Clowns since it's just getting me riled-up and depressed, but this is just bullshit.


What's bullshit is that these cases don't go to the cops like they fucking should. Instead you have assclowns with no real qualifications investigating the cases and making determinations with long-term ramifications on the lives of those accused, many of whom -- I might add -- are accused wrongly. And the bad accusations *only* seem to truly come out when the actual courts (ie, not the college's kangaroo courts) are involved.

Amazing ya survive bein a paranoid contrarian.
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FatalAccident
07/21/18 4:57:15 AM
#12:


JazzMasterZero posted...
Honestly Im so sick and tired of people making a mountain out of a mole hill with everything that Trump is even remotely associated with that Im going to vote for him in 2020 even though I dont like him.

Ummm

And you Americans wonder why your country is in the toilet
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Rasmoh
07/21/18 4:59:02 AM
#13:


Trump administration requires schools to have evidence beyond hearsay before ruining someone's life...is that a bad thing?

The repercussions for false rape claims are almost non-existent, not to mention that there are large amounts of murky "rapes" that really do amount to things like sex between drunk adults or regret cases.
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Kyuubi4269
07/21/18 5:16:37 AM
#14:


Trump kicking SJW ass? Count on my illegal immigrant vote, Trump!
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Zeus
07/21/18 5:18:07 AM
#15:


FatalAccident posted...
JazzMasterZero posted...
Honestly Im so sick and tired of people making a mountain out of a mole hill with everything that Trump is even remotely associated with that Im going to vote for him in 2020 even though I dont like him.

Ummm

And you Americans wonder why your country is in the toilet


Overlooking that it's hardly in the toilet, aren't you from a nation that's already halfway down the drain?

And the causes for strife are pretty obvious. We have a growing, increasingly intrusive government that's involved in most facets of our lives which has led to increasingly dichotomous political factions. That inherent conflict is further stoked by a 24-hour media that profits off controversy and politicians seeking to exploit fear/anger for their benefit. It's further exacerbated by a terrible education system, an erratic economy, and so on.
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Keebs05
07/21/18 5:22:47 AM
#16:


Zeus posted...
Overlooking that it's hardly in the toilet


Zeus posted...
We have a growing, increasingly intrusive government that's involved in most facets of our lives which has led to increasingly dichotomous political factions. That inherent conflict is further stoked by a 24-hour media that profits off controversy and politicians seeking to exploit fear/anger for their benefit. It's further exacerbated by a terrible education system, an erratic economy, and so on.

Pick one or the other, Zeus.
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Zeus
07/21/18 5:29:42 AM
#17:


Keebs05 posted...
Zeus posted...
Overlooking that it's hardly in the toilet


Zeus posted...
We have a growing, increasingly intrusive government that's involved in most facets of our lives which has led to increasingly dichotomous political factions. That inherent conflict is further stoked by a 24-hour media that profits off controversy and politicians seeking to exploit fear/anger for their benefit. It's further exacerbated by a terrible education system, an erratic economy, and so on.

Pick one or the other, Zeus.


Clearly it can be both, because it is. A nation can have problems without being gone and many of our problems are actually pretty tiny compared to what's going on in other countries. Spain has massive unemployment and an entire region looking to secede. Germany is having its own set of immigration issues right now. Japan has a severe population imbalance that fundamentally threatens its entire structure. The UK is *still* muddling through Brexit, which is potentially a lot larger than anything we've got going on right now.

And, if you want to go the developing world, China is in the midst of government crackdowns including a new firewall on its internet, Mexico's lack of stability and corruption is so bad that cities are forming their own governments, and Venezuela may be on the verge of a revolution.
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Bugmeat
07/21/18 5:54:36 AM
#18:


Why are schools investigating this sort of shit anyway? Why are they handling appeals and deciding what sort of evidence is required? "Oh you say someone raped you? Ok. Here's the number for the local police department and here are some numbers for therapists who specialize in this sort of trauma" should be the extent of the schools involvement with these sort of claims. Rape investigations are the domain of law enforcement. Not colleges.

If and only if the accused is found guilty/plea bargains/ etc. should the school then step in and throw whatever code of conduct punishments they have at the perpetrator.
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BUMPED2002
07/21/18 6:08:16 AM
#19:


This administration is horrible and how anyone can defend this lunacy is beyond me.
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Kyuubi4269
07/21/18 6:11:18 AM
#20:


Zeus posted...
The UK is *still* muddling through Brexit, which is potentially a lot larger than anything we've got going on right now.

loldonteven

That's unclogging the toilet right there.
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Scloud posted...
Its like he wants two things at the same time.
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FrisbeeDude
07/21/18 6:39:49 AM
#21:


what war on women?
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KaptainKiro
07/21/18 6:50:22 AM
#22:


actual proof of bad acts should be a requirement before dropping the hammer on some poor schmuck

how can anyone argue against that?
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BUMPED2002
07/21/18 7:02:25 AM
#23:


No surprise! Trump himself has been accused by at least 20 women of sexual assault.
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KaptainKiro
07/21/18 7:04:44 AM
#24:


BUMPED2002 posted...
No surprise! Trump himself has been accused by at least 20 women of sexual assault.


and yet 0 have even the slightest shred of proof lol
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Mead
07/21/18 7:44:33 AM
#25:


KaptainKiro posted...
BUMPED2002 posted...
No surprise! Trump himself has been accused by at least 20 women of sexual assault.


and yet 0 have even the slightest shred of proof lol


Why were they foolish enough to not film themselves when being assaulted
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streamofthesky
07/21/18 12:03:22 PM
#26:


And this is one of those instances I actually agree w/ Trump for the most part.

Campus rules basically circumvented due process completely and had little burden of proof required. You may not go to jail since you were never convicted, but all the social stigma of being a tapist would still follow you for life and cost you your college degree and countless job opportunities and likely alienate friends and family from you.
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captainjeff87
07/21/18 12:54:57 PM
#27:


It's about time someone has done this. False rape accusations need to stop. They are just as bad if not worse than actual rape. Not only are you ruining someone's life you're giving less credibility to victims of actual rape. All the liberals who are mad at this shouldn't blame Trump, blame the women ruining men's lives because they can.

BUMPED2002 posted...
No surprise! Trump himself has been accused by at least 20 women of sexual assault.

Must be nice being spoonfed everything CNN tells you.
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InfernalFive
07/21/18 1:31:43 PM
#28:


This is actually one of the few issues I agree with Trump on. It's bullshit how someone can get their life completely ruined over a simple accusation.
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Zikten
07/21/18 1:35:27 PM
#29:


didn't read all that but some of them ARE liars. there have been countless cases where guys are kicked out of school with no evidence, sometimes even the cops investigate and come up with nothing but the schools hold their own illegal courts and deem the guy guilty. all because they are too scared to not agree with anything a girl says
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McSame_as_Bush
07/21/18 1:39:28 PM
#30:


Of course he is.
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LOLIAmAnAlt
07/21/18 1:39:41 PM
#31:


I read this as, "Trump Administration defends campus sexual assault rifles."
Wish it were.
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Rasmoh
07/21/18 2:30:32 PM
#32:


Mead posted...
Why were they foolish enough to not film themselves when being assaulted


I get what you're saying, but prosecuting someone without proof would obviously never work and is the only reasonable way to handle that kind of situation.

Also, it sure is funny how a billionaire who was world-renowned for decades didn't get accused of these things until he was taking the presidency.

Back to the topic at hand though, can anyone explain why this is a bad thing? Is there a single good reason why women should be able to destroy the lives of men with just words and no evidence?
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Doctor Foxx
07/21/18 2:31:23 PM
#33:


Rasmoh posted...
Also, it sure is funny how a billionaire who was world-renowned for decades didn't get accused of these things until he was taking the presidency.

Um he was accused many times before the presidential run

Including being accused of drugging and raping someone 13 or under
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Rasmoh
07/21/18 2:52:12 PM
#34:


Doctor Foxx posted...
Um he was accused many times before the presidential run


You are correct, I apologize. A brief scan of wikipedia didn't immediately pull up that information.

Regardless though, not one of these accusations has ever been met with any sort of legal prosecution because of the overwhelming lack of evidence.

And again, it's very telling that most of these accusations didn't surface until just before the election.
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GanglyKhan
07/21/18 3:08:27 PM
#35:


Doctor Foxx posted...
Rasmoh posted...
Also, it sure is funny how a billionaire who was world-renowned for decades didn't get accused of these things until he was taking the presidency.

Um he was accused many times before the presidential run

Including being accused of drugging and raping someone 13 or under

[citation needed]
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SunWuKung420
07/21/18 3:46:06 PM
#36:


They have got to protect the future republicans. I'm pretty sure sexual assault is considered a right of passage.
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Doctor Foxx
07/21/18 3:53:56 PM
#37:


Rasmoh posted...
Doctor Foxx posted...
Um he was accused many times before the presidential run


You are correct, I apologize. A brief scan of wikipedia didn't immediately pull up that information.

Regardless though, not one of these accusations has ever been met with any sort of legal prosecution because of the overwhelming lack of evidence.

And again, it's very telling that most of these accusations didn't surface until just before the election.


False.

https://en.wikipedia.org/wiki/Donald_Trump_sexual_misconduct_allegations

MOST of them predate the campaign by over a decade. And were reported long ago.

The only thing that's telling is how hard it is to actually get someone convicted of sex crimes, particularly if they can pay their way out of the legal system

GanglyKhan posted...
Doctor Foxx posted...
Rasmoh posted...
Also, it sure is funny how a billionaire who was world-renowned for decades didn't get accused of these things until he was taking the presidency.

Um he was accused many times before the presidential run

Including being accused of drugging and raping someone 13 or under

[citation needed]

See the above or this:

https://www.theguardian.com/us-news/ng-interactive/2017/nov/30/donald-trump-sexual-misconduct-allegations-full-list
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zebatov
07/21/18 4:19:27 PM
#38:


WastelandCowboy posted...
JazzMasterZero posted...
Honestly Im so sick and tired of people making a mountain out of a mole hill with everything that Trump is even remotely associated with that Im going to vote for him in 2020 even though I dont like him.

Or just not vote?

If everyone did that, that would send the biggest message. Unfortunately that isn't the case, so just vote for whoever. At least then nobody can say "You didn't vote so you don't get an opinion." as if that statement were fact
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FrndNhbrHdCEman
07/21/18 4:58:07 PM
#39:


BUMPED2002 posted...
This administration is horrible and how anyone can defend this lunacy is beyond me.

Give Zeus time to find a good copy pasta rebuttal on The_Donald.
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Mead
07/21/18 4:59:50 PM
#40:


FrndNhbrHdCEman posted...
BUMPED2002 posted...
This administration is horrible and how anyone can defend this lunacy is beyond me.

Give Zeus time to find a good copy pasta rebuttal on The_Donald.


Well to be fair, in all honesty
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Fundabz
07/21/18 5:35:24 PM
#41:


LOLIAmAnAlt posted...
I read this as, "Trump Administration defends campus sexual assault rifles."
Wish it were.

me too
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ifnsman
07/21/18 5:41:10 PM
#42:


captainjeff87 posted...
Must be nice being spoonfed everything CNN tells you.


You realize that anyone could come in and turn that around on you, replacing CNN with Fox News.

Don't walk yourself into that kind of trap, considering Fox News is extreme political bias & twisting of facts disguised as "news".
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Zeus
07/21/18 5:47:17 PM
#43:


BUMPED2002 posted...
This administration is horrible and how anyone can defend this lunacy is beyond me.


Says a guy with no fucking clue what's going on here.

Kyuubi4269 posted...
Zeus posted...
The UK is *still* muddling through Brexit, which is potentially a lot larger than anything we've got going on right now.

loldonteven

That's unclogging the toilet right there.


Whether or not Brexit is the right decision, the handling has been a massive issue that currently threatens its economic prosperity.

BUMPED2002 posted...
No surprise! Trump himself has been accused by at least 20 women of sexual assault.


Why do you bold the text in all of your posts? Making your opinions "louder" doesn't make them any less stupid.

Mead posted...
Why were they foolish enough to not film themselves when being assaulted


Sometimes you have guys like Al Franken who do the filming themselves. However, you don't need film to prove something. Cops can turn up plenty of physical evidence, unlike the college system. Which, you know, is why it should be handled by cops rather than colleges. But that's sooooo controversial!
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Zeus
07/21/18 5:48:11 PM
#44:


Mead posted...
FrndNhbrHdCEman posted...
BUMPED2002 posted...
This administration is horrible and how anyone can defend this lunacy is beyond me.

Give Zeus time to find a good copy pasta rebuttal on The_Donald.


Well to be fair, in all honesty


Getting in the habit of reposting alts' shitty attempts at trolling? >_>
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dioxxys
07/21/18 6:02:34 PM
#45:


I thought General procedures for rape accusations is 2 not find any evidence expell the male student and try to get him fired from any job he holds?
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#46
Post #46 was unavailable or deleted.
Mead
07/21/18 8:58:29 PM
#47:


Zeus posted...
Mead posted...
FrndNhbrHdCEman posted...
BUMPED2002 posted...
This administration is horrible and how anyone can defend this lunacy is beyond me.

Give Zeus time to find a good copy pasta rebuttal on The_Donald.


Well to be fair, in all honesty


Getting in the habit of reposting alts' shitty attempts at trolling? >_>


Do what now?
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FatalAccident
07/22/18 1:51:49 AM
#48:


Wait you people actually think brexit is anywhere near as bad as the bs going on in America rn?

Looooool

I know were muddling through it about as well as we middle through anything but imagine actually trying to compare brexit with the current state of the US LOL

Dont even
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Rasmoh
07/22/18 4:14:27 AM
#49:


Doctor Foxx posted...
MOST of them predate the campaign by over a decade. And were reported long ago.


That very list you gave me only listed one person who came forwarded prior to 2016, and even that person called up Trump's campaign and requested a job.

It's all so blatantly a sham.
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I won't say a thing, because the one who knows best is you.
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ClarkDuke
07/22/18 4:20:05 AM
#50:


Rasmoh posted...
Doctor Foxx posted...
MOST of them predate the campaign by over a decade. And were reported long ago.


That very list you gave me only listed one person who came forwarded prior to 2016, and even that person called up Trump's campaign and requested a job.

It's all so blatantly a sham.

You're defending a known Russian spy, ok?
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