Thursday Reads: DADT Decision, Bachmann Surging, High-Profile Trials, and Mega-Wombats
Posted: July 7, 2011 Filed under: 2012 presidential campaign, Crime, morning reads, Republican presidential politics, Team Obama, The Media SUCKS, U.S. Politics, Violence against women | Tags: 2012 presidential election, Amy Bishop, australia, Billy Bulger, Casey Anthony, crime, DADT, James Wolcott, Jose Baez, Marcia Clark, mega-wombat, Michele Bachmann, Mitt Romney, murder, New Hampshire, Republican presidential wannabes, Texas gang rape, unconstitutional, violence against women, Whitey Bulger 27 CommentsGood Morning!! I think I have some interesting reads for you today, so let’s get right to it.
The biggest story of the day is that the Ninth Circuit Court Of Appeals has ordered the Obama administration to quit stalling and get rid of DADT immediately.
A three-judge panel of the United States Court of Appeals for the Ninth Circuit issued a two-page order against the policy known as “don’t ask, don’t tell” in a case brought by the group Log Cabin Republicans.
In 2010, a federal judge in California, Virginia A. Phillips, ruled that the law was unconstitutional and ordered the government to stop enforcing it. That decision was appealed to the Ninth Circuit, which issued a stay allowing the government to continue enforcing the policy as it made its way through the courts.
Congress repealed the policy last year, but called for a lengthy process of preparation, training and certification, still under way, before ending it….
Judges Alex Kozinski, Kim McLane Wardlaw and Richard A. Paez stated in their order that “circumstances and balance of hardships had changed” since their initial ruling: the Obama administration had informed the court that repeal of the policy was “well under way,” and in a filing in another case on July 1, the Department of Justice took the position that discrimination based on sexual orientation should be subjected to tough scrutiny. The government, the judges wrote, “can no longer satisfy the demanding standard for issuance of a stay.”
And the credit goes to the Log Cabin Republicans, because Democrats are too weak and cowardly to do anything useful anymore.
As I predicted, Michele Bachmann is making gains on Mitt Romney in New Hampshire, according to the latest PPP Poll.
When PPP polled New Hampshire in April Michele Bachmann was stuck at 4%. She’s gained 14 points over the last three months and now finds herself within single digits of Mitt Romney. Romney continues to lead the way in the state with 25% to 18% for Bachmann, 11% for Sarah Palin, 9% for Ron Paul, 7% for Rick Perry and Herman Cain, 6% for Jon Huntsman and Tim Pawlenty, and 4% for Newt Gingrich.
Bachmann’s surge in New Hampshire is being built on the back of the Tea Party. Among voters identifying themselves as members of that movement she’s leading the way at 25% with Palin and Romney tying for second at 16%, and Cain also placing in double digits at 11%. Only 33% of Republican primary voters in the state identify themselves as Tea Partiers though and with the remaining folks Romney’s way ahead with 33% to 13% for Bachmann, and 10% for Huntsman and Paul.
Don’t say I didn’t warn you.
The 14 men (and 5 boys whose names are being withheld because they are juveniles) who gang raped an 11-year-old Texas girl were due in court yesterday.
Four of the accused face charges of continuous sexual abuse of a child, while the majority of the men have been charged with aggravated sexual assault of a child. All defendants are expected to appear in the Liberty, Texas courtroom today for status updates, according to the Associated Press.
Cleveland police began investigating the case in December of last year after cell phone video showing the alleged sex attack started circulating among students at Cleveland schools, according to court documents. The video shows the girl engaged in sexual acts with several men….Most of the men who face charges are free on bond. One of the accused men, Marcus Porchia, 26, has been implicated in another unrelated case for sexual assault.
The trial has been postponed until October because of delays in DNA testing.
“I’m going to pressure the state to pressure the DPS lab to get whatever analysis as quickly as possible,” state District Judge Mark Morefield said.
Morefield reset the 14 men’s cases for Oct. 3. Five juvenile boys also have been charged.
During the hearing, Warren told the judge his office was in tentative negotiations with at least one of the defendants, Jared McPherson. Warren did not say if he was referring to a possible plea agreement and he declined to comment after the hearing. McPherson’s attorney also declined to comment. A gag order is preventing those connected to the case from commenting.
Something tells me this trial won’t get as much publicity as the Casey Anthony trial. I hope I’m wrong, because this is a horrendous crime against a child, and these men need to be put away for a very long time.
Actually the next high profile trial I expect to follow is that of Amy Bishop, the professor who opened fire in a faculty meeting after failing to get tenure. So far the judge is planning to keep the trial open to the public. I hope it will be televised. Once Bishop finishes that trial, she’ll have to go to Massachusetts and face murder charges in the shooting of her brother in 1986.
There’s already a true crime book out about the Bishop case.
The Amy Bishop story inspires fear, confusion, and now 258 pages of true crime drama.
Attorney Mark McDaniel says the lawyers involved in the case will be hurrying to read the book.
McDaniel says, “I promise you the defense lawyers and the prosecutors are reading that, probably reading it today.”
And then there’s the Whitey Bulger trial. Bulger pled not guilty to 19 murders today.
The retired state police colonel who oversaw the unearthing of the remains of several of the people James “Whitey” Bulger is accused of killing from crude mass graves said he felt some personal satisfaction yesterday in seeing his notorious nemesis “a broken man” in chains before a judge.
But retired Col. Thomas J. Foley said that for the families to hear Bulger, 81, plead not guilty to 32 charges, including 19 murders, extortion, machine-gun possession and money laundering, “I’m sure had to be a difficult pill for the families to swallow.”
Assistant U.S. Attorney Brian Kelly said that should the case go to a trial, he expects prosecutors will need at least a month to present evidence and up to 40 witnesses.
J.W. Carney Jr., Bulger’s public defender, would not say whether his client, who faces life imprisonment here and could face the death penalty in murder cases pending in Florida and Oklahoma, is interested in striking a plea deal.
Boston Herald columnist Peter Gelzinis is asking Whitey’s politically powerful brother Billy Bulger to get Whitey to talk.
William M. Bulger, former president of the state Senate and the University of Massachusetts, sits in the front row in a charcoal business suit, a look of implacable rectitude frozen on his pale face.
Around Billy in the courtroom are the wives, brothers, sons and daughters of some of the 19 people Whitey is accused of killing. Billy knows they are there, but never acknowledges them. Strange for a man who began his star-crossed career as a lawyer taking cases in South Boston District Court.
As this circus lumbers forward, it will become increasingly obvious that the only man who can clear a path to something called justice is Billy Bulger, the man some people still think of as “The Good Brother.”
Billy should do what he refused to do 10 years ago before a grand jury and a congressional committee. He should have the courage to confront his brother and urge him to give some small semblance of peace to the families he’s wounded by coming clean. Billy should ask Whitey to take ownership of his sins.
I’ve got a few reactions to the verdict in the Casey Anthony case. James Wolcott says he didn’t follow the case closely, but based on what he did see he wasn’t surprised at the not guilty verdict.
I seemed to be one of the few whose world didn’t flip sideways–I wasn’t that surprised and if anything pleased that the jury made up its own collective mind in defiance of the lynch-mob clamor on the cable channels.
It can’t be said that the know-nothing know-it-alls on Fox News and Nancy Grace’s Sweeney Todd cooking school accepted the jury’s verdict with modesty and maturity. After expressing shock and taking turns to tell us how “stunned” they were, they accused the jury of suffering from Stockholm Syndrome (staring at Casey Anthony’s face somehow melting their reason and resolve), appearing to resent that fact that the defendant might be freed soon (since she might be granted time-served on the lesser charges, having already served years behind bars), and acting peevish that they didn’t get their way, having already convicted Casey Anthony on the airwaves for years now and treating the trial as an audiovisual demonstration of what to them was self-evident.
“Appearing to resent” and “peevish” are too mild, actually–many of the instant commentators on cable were visibly, audibly angry at the AUDACITY these acquittals.
Failed OJ prosecutor Marcia Clark thinks the verdict in the Anthony case is even worse than what happened with OJ.
…it was a circumstantial case. Most cases are. But the circumstances were compelling. Maybe not sufficient to prove premeditated murder—and I never believed the jury would approve the death penalty—but certainly enough to find Casey Anthony guilty of manslaughter at the very least.
Why didn’t they? My guess, since I’m writing this before the inevitable juror cameos, is that the jury didn’t necessarily believe Casey was innocent but weren’t convinced enough of her guilt to bring in a conviction. The thinking goes something like this: Sure, Casey’s behavior after her daughter’s death looks bad—dancing, partying, lying—but that doesn’t mean she killed the baby. Sure, that duct tape was weird, but that could’ve been done after the baby was already dead—no way to know who or when that tape was put on the baby’s face. Sure, the chloroform computer search seems damning, but that may not even have been done by Casey (her mom took the fall for that one).
And so, every bit of evidence presented by the prosecution could’ve been tinged with doubt. At the end of the day, the jury might have found that they just couldn’t convict her based on evidence that was reconcilable with an innocent explanation—even if the weight of logic favored the guilty one.
It’s a thoughtful article, highly recommended. Clark may be right about the jury, because at least one juror is already talking. She says she felt sick to her stomach at having to vote not guilty.
I wonder why she didn’t push for manslaughter then or at least child endangerment?
Jeralyn wrote a couple of good posts on the Anthony case yesterday: The Meaning of a Not Guilty Verdict and So Many Ignorant Reactions to Casey Anthony Acquittal. She had a few choice words for the HLN vampires.
HLN…proceeded to blast the defense team for holding a victory party and sharing a toast of champagne. Excuse me? This team didn’t work as hard as the prosecution? With fewer resources? The defense team saved a life today. That’s as close to G-ds work as it gets for criminal defense lawyers. Why shouldn’t they be proud? They held the state to its burden of proof and the state failed to meet it.
[….]
One viewer said the jury got it wrong because unlike everyone else, they weren’t privy to what was being said on Facebook and Twitter. The host agreed, saying the jury was in a vacuum in the courtroom. Hello? The jury was in the courtroom and heard and saw all the evidence. They were sequestered so they would be free from outside influences and prejudice. The jurors were the ones who received the judge’s instructions on how to apply the law. Did anyone bother to post or read all the instructions on Facebook and Twitter?
[….]
I wish the news media would stop saying no one will ever be held accountable for the little girl’s murder. It hasn’t be proven there was a murder. The defense argued it was an accident. The state took its best shot and came up short.
Congratulations to Jose Baez, Cheney Mason and everyone else on the defense team. They represented their client with pride and dedication, and with enormous sacrifices to their personal lives and law practices. They successfully battered the junk science, and prevailed in the long run — despite the unprofessional conduct of a prosecutor who smirked throughout their closing argument.
A fossilized “mega-wombat” has been dug up in Australia.
The fossil of a car sized mega-wombat has been unearthed in northern Australia, scientists said Wednesday — the most complete skeleton of its kind.
Weighing in at a whopping three tonnes, the herbivorous diprotodon was the largest marsupial to ever roam the earth and lived between two million and 50,000 years ago.
A relative of the modern-day wombat, the diprotodon skeleton was dug up in remote Queensland last week — the most northerly specimen ever discovered — and scientists believe it could shed valuable light on the species’ demise.
Along with Australia’s other megafauna, which included towering kangaroos and gigantic crocodiles, diprotodon became extinct around the same time that indigenous tribes first appeared and debate has raged about the role of humans.
Very cool.
That’s all I’ve got for today. What are you reading and blogging about?
Tuesday Reads
Posted: December 14, 2010 Filed under: morning reads | Tags: Credit Derivatives, DADT, Derivatives Dealers club, Henry Kissinger, Keith Olbermann, Matt Taibbi, Obama McConnell Tax giveaway, Richard Holbrooke, START, the Mona Lisa 37 Comments
Good Morning!
By now, you probably have heard that diplomat Richard Holbrooke has died at the age of 69 from an aorta tear. His obits are chock-full of some amazing accomplishments. Here’s one example from CNN.
Holbrooke was best known for being “the chief architect of the 1995 Dayton Peace Agreement” that ended the Bosnian war — the deadly ethnic conflict in the 1990s that erupted during the breakup of Yugoslavia.
Serving President Bill Clinton as assistant secretary of state for Europe from 1994 to 1996, Americans got a taste of Holbrooke’s drive and intellect, as typified in this remark from “To End a War” — his memoir of the Dayton negotiations.
“The negotiations were simultaneously cerebral and physical, abstract and personal, something like a combination of chess and mountain climbing,” he wrote.
After President Obama took office in 2008, Holbrooke took one of the toughest diplomatic assignments — U.S. special representative for Afghanistan and Pakistan, the region Obama regards as center of the war on terrorism.
He rated a great one at the Grey Lady.
More recently, Mr. Holbrooke wrestled with the stunning complexity of Afghanistan and Pakistan: how to bring stability to the region while fighting a resurgent Taliban and coping with corrupt governments, rigged elections, fragile economies, a rampant narcotics trade, nuclear weapons in Pakistan and the presence of Al Qaeda, and presumably Osama bin Laden, in the wild tribal borderlands.
One of his main tasks was to press President Hamid Karzai of Afghanistan to take responsibility for security in his country and to confront the corruption that imperils the American mission there. At times, Mr. Karzai refused to see him, but Mr. Holbrooke was undeterred.
“He’s an enormously tough customer,” Mr. Holbrooke said during one of the periodic breakfasts he had with reporters who covered his diplomatic exploits. “As you’ve heard,” he added with a smile, “so am I.”
He helped his boss, Mrs. Clinton, whom he had supported in her presidential bid, to persuade Mr. Obama to send more troops to Afghanistan, while pressing for more aid and development projects to improve the United States’ image there. But he died before anyone knew if the experiment would succeed.
A brilliant, sometimes abrasive infighter, he used a formidable arsenal of facts, bluffs, whispers, implied threats and, when necessary, pyrotechnic fits of anger to press his positions. President Obama, who praised Mr. Holbrooke on Monday afternoon at the State Department as “simply one of the giants of American foreign policy,” was sometimes driven to distraction by his lectures.
As we posted yesterday, a huge Senate Majority voted to advance the Obama-McConnell Tax deal. Only 15 senators voted to stop Cloture. The up or down vote will be scheduled for either today or tomorrow. Stay tuned. We’ll follow the details here.
Fifteen lawmakers voted against it, including five Republicans: Sens. Tom Coburn (Okla.), Jim DeMint (S.C.), Jeff Sessions (Ala.), John Ensign (Nev.) and George Voinovich (Ohio).
Nine Democrats and one independent voted against the bill: Sens. Jeff Bingaman (N.M.), Sherrod Brown (Ohio), Russ Feingold (Wis.), Kirsten Gillibrand (N.Y.), Kay Hagan (N.C.), Frank Lautenberg (N.J.), Pat Leahy (Vt.), Carl Levin (Mich.), Mark Udall (Colo.) and Sanders.
“It makes no sense to me to provide huge tax breaks for millionaires and billionaires while we drive up the national debt that our children and grandchildren will have to pay,” Sanders said in a statement after the vote.
Obama applauded the Senate’s action to move his tax cut compromise with Republicans and urged the House to do the same quickly.
In a statement in the White House briefing room, Obama hailed the Senate’s “strong bipartisan support” for the package and declared “this proves that both parties can in fact work together.”
BostonBoomer brought this my attention so I thought I’d post it. Is there a Real-Life Da Vinci code in the Mona Lisa? Cue the Twilight Zone Music.
Intrigue is usually focused on her enigmatic smile.
But the Mona Lisa was at the centre of a new mystery yesterday after art detectives took a fresh look at the masterpiece – and noticed something in her eyes.
Hidden in the dark paint of her pupils are tiny letters and numbers, placed there by the artist Leonardo da Vinci and revealed only now thanks to high-magnification techniques.
Speaking of secrets, I’ve been looking into the status of Credit Derivatives since Frank-Dodd passed and the NY Times had an article up on Sunday on secret meetings of a secret Derivatives Dealers Club of 9 on Sunday. FiscalLiberal and I have been trying to figure out if all the news actually actually reveals anything. The Financial Times did an update on the area that is an interesting read but doesn’t really say anything’s been solved or changed.
Yet like one of those teenaged vampires on television, the CDS market keeps coming back to life. For example, activity in sovereign CDS is up by a third this year, as speculators and hedgers bet they know more than their counterparties about the probability or timing of Greek or Irish defaults. And no, the sovereign CDS tail is not wagging the sovereign bond dog. For example, there are about $25bn of outstanding CDS on Italy, compared with some $2,000bn of actual Italian bonds.The essential point to remember is that credit derivatives don’t matter very much in determining the state of the real world. The industry, worldwide, almost certainly doesn’t employ more than 10,000 people. It is intended to be a zero-sum business.
The original, modest, purpose of CDS was to provide a low-transaction-cost means of distributing illiquid credit risks around European banks, so as to reduce their risk concentration. Then, the justification became the ease and low cost of hedging credit by buying protection through CDS, rather than going through the expense and uncertainty of maintaining short positions in bonds.
We would all be better off if there were laws to make the majority of these things exchange-traded but it won’t happen unless governments write the laws. BostonBoomer knew I’ve been trying to write about this and pointed me to the KO show last night and an interview with Matt Taibbi. You may want to watch the video at the link. They talk about the nine dealers from the NY Times link above. These guys have been blocking the formation of exchanges and lobby hard to keep these things opaque. You may have read me talk about how information asymmetry relieve messes up a market. This is a prime example. This KO-Taibbi conversation is easily understood. I was pretty impressed by what it covered. KO also throws a gratuitous slam at Obama and Orzag so you might want to watch that just to see how the worm has turned. Hopefully, I’ll figure out a way to explain this thing simply and have the complete post later. I’m still trying to get more details. In my doctoral program, every one saves their one C for the Derivatives Theory course. Pricing is based on a really complex mathematical model and the language of the deal is written by lawyers. It’s the stuff nightmares are made of! The math proofs even makes the guys with masters in physics quake. It’s not an easy thing to explain, teach, study or figure out. I think they like it that way. Like I said, information asymmetry. Also, KO brings up some nasty stuff about Senator Scott Brown and donations too. Go check it out.
Speaking of nasty stuff, here’s a blast from the past from Slate and Christopher Hitchens. The title alone titillates: ‘How Can Anyone Defend Kissinger Now? The Nixon tapes remind us what a vile creature Henry Kissinger is’.
Chatting eagerly with his famously racist and foul-mouthed boss in March 1973, following an appeal from Golda Meir to press Moscow to allow the emigration of Soviet Jewry, Kissinger is heard on the tapes to say:
The emigration of Jews from the Soviet Union is not an objective of American foreign policy. And if they put Jews into gas chambers in the Soviet Union, it is not an American concern. Maybe a humanitarian concern.
(One has to love that uneasy afterthought …)
In the past, Kissinger has defended his role as enabler to Nixon’s psychopathic bigotry, saying that he acted as a restraining influence on his boss by playing along and making soothing remarks. This can now go straight into the lavatory pan, along with his other hysterical lies. Obsessed as he was with the Jews, Nixon never came close to saying that he’d be indifferent to a replay of Auschwitz. For this, Kissinger deserves sole recognition.
It’s hard to know how to classify this observation in the taxonomy of obscenity. Should it be counted as tactical Holocaust pre-denial? That would be too mild. It’s actually a bit more like advance permission for another Holocaust. Which is why I wonder how long the official spokesmen of American Jewry are going to keep so quiet. Nothing remotely as revolting as this was ever uttered by Jesse Jackson or even Mel Gibson, to name only two famous targets of the wrath of the Anti-Defamation League. Where is the outrage? Is Kissinger—normally beseeched for comments on subjects about which he knows little or nothing—going to be able to sit out requests from the media that he clarify this statement? Does he get to keep his op-ed perch in reputable newspapers with nothing said? Will the publishers of his mendacious and purloined memoirs continue to give him expensive lunches as if nothing has happened?
Just a suggestion from me. Drink your coffee before you go read that one. You may feel the need to spit at the screen.
One last depressing thing from the Wonk Room for advocates of GLBT rights.
This afternoon, White House Press Secretary Robert Gibbs refused to say that President Obama would call on the Senate to stay in session until it brought up the stand-alone measure to repeal Don’t Ask, Don’t Tell. In a series of passive replies to the Washington Blade’s Chris Johnson and the Advocate’s Kerry Eleveld, Gibbs didn’t directly urge the Senate to consider the measure, but said, “our hope is that the Senate will take this up again and we’ll see this done by the time the year ends.” “Don’t Ask, Don’t Tell and DREAM, along with government funding, are all in a basket of issues that are likely to come after” START, he argued earlier in the press briefing.
Asked by Eleveld why Obama has pledged to stay in DC until the Senate passed START but not DADT, Gibbs replied that the President would wait for the Senate to adjourn before leaving. Gibbs also refused to say if the administration was considering alternatives to legislative repeal …
Guess there’s more important things to do, like say, pass the Paris Hilton Inheritance Windfall Tax Breaks.
So, what’s on your reading and blogging list today?
An Unlikely Hero for GLBT Rights
Posted: December 6, 2010 Filed under: GLBT Rights | Tags: DADT, Joe Lieberman, repeal DADT 7 CommentsJoe Lieberman has been a worrisome type of Democrat and a cantankerous Independent. In many ways, Lieberman
represents the Blue Dawg type of Democrat that frustrates many of us that are more liberal. What really has amazed me, however, is how he’s really sticking up for the repeal of DADT. Lieberman’s always been pro-choice, which makes him unlikely ever to be successful in the Republican party even with his hawkish stances on the war, Israel, and key economic issues. This is despite his status as a senator from the North East where those kinds of things tend to be more tolerated. Lieberman can still surprise. Take this headline from The Hill: Lieberman wants Senate to stay in session until it repeals ‘Don’t ask’ policy.
“Sen. Lieberman believes that there are at least 60 votes to repeal ‘Don’t Ask, Don’t Tell’ this year, provided that leadership allows time for sufficient debate and amendments,” Lieberman spokeswoman Erika Masonhall said. “Wanting to go home is not an acceptable excuse for failing to pass a bill that provides essential support for our troops and veterans and failing to take action that the president, the secretary of Defense and the chairman of the Joint Chiefs of Staff have called for.”
The senator also appeared to endorse Washington Post columnist Jonathan Capehart’s demand that the Senate stay in session in a tweet on Monday.
Democrats appear to have the 60 votes necessary to overcome any GOP-led filibuster of the defense bill, because some Republicans — like Sens. Susan Collins (Maine) and Scott Brown (Mass.) — have said they support the repeal.
But all 42 GOP senators have vowed to block any legislation from moving forward until the Senate passes an extension of expiring Bush-era tax cuts for all income brackets.
Ah, yes, those Republican defenders of the uber wealthy. This time they’re standing in front of progress for our troops. Proponents of the repeal have activated their calling trees and letter writing campaigns.
But Nat Butler, a gay Vietnam veteran who lied about his sexual orientation to serve in the military, was more pessimistic. He said that although eight out of ten respondents on Wednesday agreed to take action, he feared that the repeal would ultimately fail because Senator John McCain of Arizona is determined for DADT to remain in place.
Other veterans at the emergency phone bank were more optimistic about the chances of repeal. Michael Young, a straight former Marine, said that he served with a bisexual man during his time in the military. When his comrades first found out about the man’s sexual orientation, they were surprised, but once the initial shock wore off, business proceeded as usual. Given Young’s comrades’ response, and the responses of other people he has spoken to, he said that he thinks people generally support repeal.“But it’s always important for me to remember that I live in a rare cross-section, in Boston, Massachusetts. I’m optimistic, but I’m also prepared to do more,” said Young.
WAPO has an article up explaining how the clock is ticking for the repeal.
But the biggest barrier is the calendar. Although a repeal bill passed the House in May, and there appear to be enough votes for it in the Senate, there are only two weeks left in the lame-duck session. Other priorities, such as negotiating a compromise on extending Bush-era tax cuts, have consumed congressional leaders.
Repeal advocates are growing convinced that time may be running out. “The rules of the Senate can capture you when you end up in the 12th hour,” said Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network.
The White House summoned repeal advocates for a private meeting Friday at which, sources said, administration officials told them they would not trade this priority for others. The officials were bullish, saying that Defense Secretary Robert M. Gates and Joint Chiefs of Staff Chairman Mike Mullen would not have testified this past week if they did not believe the bill could reach Obama’s desk before January.
That could be critical. The repeal effort would have to start over next year with the new Congress, which is decidedly more Republican and less energized to get rid of the policy.
It’s time for the Senate to take action on this and put it to rest. At this point, it can only be causing undue stress on gay service men and women and the military itself. Having an outstanding issue that should be solved by now just creates a weird environment in any organization. This is especially true since the release of the study showed there was no particular reason to support the DADT edict. Good for Joe Lieberman for finally standing up for one issue that truly represents the Democratic Party.









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