Attorney General William Barr
AMueller delivered his report to Barr on Friday, and Barr is expected to brief members of Congress on the report this weekend. | Win McNamee/Getty Images
CONGRESS
Congress waits another day for Mueller findings
The Justice Dept. said it would not transmit a summary of the special counsel’s findings Saturday, fueling Democrats’ urgent pleas to release the entire document.
By KYLE CHENEY, HEATHER CAYGLE, ANDREW DESIDERIO and JOSH GERSTEIN 03/23/2019 09:28 AM EDT
The public and members of Congress will be in the dark for at least one more day on special counsel Robert Mueller’s central conclusions about contacts between associates of President Donald Trump and Russia during the 2016 campaign.
The Justice Department informed Congress on Saturday afternoon that Attorney General William Barr would not provide findings to lawmakers until at least Sunday, officials at Justice and on Capitol Hill confirmed, prolonging rampant speculation about what might be in Mueller’s report and fueling Democrats’ increasingly urgent pleas to release the entire document.
However, Barr, Deputy Attorney General Rod Rosenstein and their top aides were at Justice Department headquarters Saturday poring over Mueller’s submission and considering how to boil down the core conclusions into a summary that can be made public before officials embark on a review of the whole document, an official said.
Access to Mueller’s report has been limited to “very few” individuals, a Justice official said, in part out of concern about leaks of one of the most politically sensitive documents in modern American history.
Democrats huddled on Saturday to strategize about how to talk about the as-yet-unseen report and how to force the Justice Department to make it public — a possible drag-out legal fight that could consume Washington for months.
Speaker Nancy Pelosi hosted a conference call with House Democrats on Saturday afternoon to discuss the report’s impending arrival. According to multiple sources who participated in the call, Pelosi said she would reject an offer for a classified briefing on Mueller’s underlying findings, arguing that the evidence should be unclassified despite DOJ guidelines that state the department should not disclose damaging information about individuals who are not indicted.
House Democratic committee chairs repeatedly referred to Republicans’ efforts to disclose documents related to other former top officials who were not indicted, including Hillary Clinton and former FBI Deputy Director Andrew McCabe, when they controlled the House during the first two years of the Trump presidency.
Separately, Rep. Pramila Jayapal (D-Wash.), a member of the Judiciary Committee, said Republicans’ efforts during that time period to force the public release of elements of the Russia probe — as well as the investigation of Clinton’s email server — had armed Democrats with an argument to require significant disclosure of the Mueller findings.
“Republicans have really shot themselves in the foot with what they approved,” Jayapal said. “They really undermined any argument Barr might want to make that there’s longstanding precedent.”
In a letter to lawmakers Saturday afternoon, Pelosi dismissed Barr’s plan to summarize the findings for the relevant committees as “insufficient” and said any briefings on the report should be unclassified so members are free to share the details publicly.
“We are insisting that any briefings to any committees be unclassified so that members can speak freely about every aspect of the report and not be confined to what DOJ chooses to release publicly,” Pelosi wrote.
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Pelosi also reiterated that DOJ should release the report in its entirety and related documents, “even if DOJ chooses not to prosecute additional individuals.”
“Congress requires the full report and the underlying documents so that the Committees can proceed with their independent work, including oversight and legislating to address any issues the Mueller report may raise,” she wrote.
Democrats have also expressed concern that the Justice Department’s sifting of the report for public consumption could be influenced by the White House. Justice officials confirmed that they alerted the White House to the receipt of the report just before congressional leaders were notified Friday afternoon.
However, a Justice spokesperson insisted that the only information conveyed was the brief letter also sent to lawmakers. Officials have declined to say whether they plan to vet future disclosures from Mueller’s report with the White House, although such consultations over executive privilege issues are typical.
Asked Saturday whether Justice Department leaders were “plotting” with the White House to stage manage release of more information about Mueller’s probe, a Justice official who asked not to be named said: “No, that’s ridiculous.”
While they await answers, the leaders of House committees who oversee the Justice Department and intelligence community have signaled they’re prepared to unleash aggressive tactics to compel Barr to make the details of the report public.
“If the AG plays any games, we will subpoena the report, ask Mr. Mueller to testify, and take it all to court if necessary," said Rep. Sean Patrick Maloney (D-N.Y.), a member of the House Intelligence Committee, a comment echoed by committee Chairman Rep. Adam Schiff (D-Calif.) and House Judiciary Committee Chairman Rep. Jerrold Nadler (D-N.Y.).
That could include issuing a subpoena that could plunge the two branches of government into a protracted court fight — and potentially demanding that Mueller himself testify publicly after nearly two years of operating in virtual secrecy.
“We’re potentially looking at a classic collision of Congress’s constitutional authority to investigate with the preferences of the executive branch to, in this case, to potentially withhold information from Congress. That is an issue that will have to be decided by a court if that’s how it evolves,” said David Laufman, who ran the Justice Department’s counter-intelligence unit from 2014 to 2018 and had a key role overseeing both the Clinton and Russia investigations.
Schumer: Attorney General Barr must make the full Mueller report public
CONGRESS
Congress demands full Mueller report ahead of huge partisan fight
Republicans were circling the wagons around Trump, noting that Mueller did not drop new indictments as he wrapped up his nearly two-year-long probe. But Democrats cautioned that Mueller was not the end-all-be-all, noting that Congress is still investigating allegations of obstruction of justice and abuse of power on the president’s part, and that other federal and state entities are conducting probes into several aspects of the Trumpworld.
“It’s the end of the beginning, it’s not the beginning of the end,” said Sen. Chris Coons (D-Del.), a member of the Senate Judiciary Committee. “It’s important to remember that whatever is concluded by Robert Mueller doesn’t mean that the president and his core team are free of legal jeopardy from these other proceedings. And it’s important to remember that the Congress has a different scope of charge and responsibility than Special Counsel Mueller.”
But most lawmakers tempered their comments as they awaited word from Barr about what level of detail he intends to share with Congress and the public this weekend.
Barr’s decision carries enormous consequences for the Trump administration and the new Democratic House majority, which is wrestling with outspoken members eager to impeach Trump and is in the early stages of a crush of sensitive investigations of Trump and his administration. Democrats are also acutely aware of the dicey politics of probing a combative president.
Coloring the debate is the news that Mueller is not recommending any new indictments, a determination that has emboldened Trump, who has long claimed the investigation was a “witch hunt.” It’s unclear whether word that Mueller isn’t urging additional charges precludes the possibility that he obtained some indictments that remain sealed.
Mueller is also known to have referred or handed off responsibility for some matters to federal prosecutors in New York, Virginia and Washington, D.C., but the full extent and status of such spinoff probes has never been made public.
Announcement of the end of the Mueller probe, annotated
Announcement of the end of the Mueller probe, annotated
Republicans have emphasized that even though they, too, want much of the report to be public, Democrats seem to be demanding that the Justice Department reveal derogatory information about Mueller’s witnesses even if they’re not charged with a crime. Rosenstein has previously suggested the Justice Department would not take such a step, especially given the backlash after former FBI Director James Comey publicly disparaged Clinton in 2016 even while declining to recommend charges against her for her use of a private email server.
Democrats, though, say Mueller’s report may contain crucial counterintelligence information that shows links and alliances between Trump associates and Russian operatives, information that could be crucial to future efforts to protect American elections from foreign interference.
And they also have raised concerns that even if Mueller’s report found criminal wrongdoing by the president, a longstanding Justice Department policy against indicting sitting presidents could preclude the details from becoming public.
“To be clear, if the Special Counsel has reason to believe that the President has engaged in criminal or other serious misconduct, then the Justice Department has an obligation not to conceal such information,” Schiff, Nadler and other committee chairmen said in a late Friday statement. “The President must be subject to accountability and if the Justice Department is unable to do so, then the need to provide Congress with the relevant information is paramount.”
Trump spent much of the day golfing at Trump International Golf Club, just a few miles from Mar-a-Lago. He golfed with three other people, though the White House refused to identify his partners.
White House officials said the president was in a good mood. So far, Trump has not reacted publicly to the news that Mueller has completed his investigation. And aides said the White House has not yet been briefed on the contents of Mueller’s report.
White House officials remained largely in wait-and-see mode, even though they believe the final report will be a flop.
It was an unusually low-key response for a president known for indignant Twitter outbursts. But people close to the president predicted it wouldn’t last long.
Trump’s friends and advisers have also been privately assuring him that the report is going to be a flop and that he can spin the whole endeavor as a politically motivated waste of time. But it remains to be seen what the report might actually say — and if it’s worse than the president’s allies think, Trump could react with fury.
By Saturday afternoon, Trump had retreated back to Mar-a-Lago, his private club. He’s not expected to make any public appearances for the rest of the day.
As his client and the country awaited the Mueller report’s findings, Trump lawyer Rudy Giuliani was seen on Saturday shopping at a downtown D.C. Brooks Brothers, according to an eyewitness.
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Mueller report: Why so many of President Donald Trump’s aides lied to protect him in Russia investigations
BRAD HEATH AND KEVIN JOHNSON | USA TODAY | 17 hours ago
The conclusion of the Mueller investigation into whether Trump colluded with Russia in the election has been submitted. And, Mueller’s report will be governed by rules written in the wake of the Starr Report. We explain.
WASHINGTON – The first lie – the first one that was a crime, at least – came on the fourth day of Donald Trump’s presidency, in a White House office down the hall from Trump’s own.
That day, a pair of FBI agents came to question Trump’s top national security aide, Mike Flynn, about his dealings with the Russian government. Flynn gave the agents a tour of his new spot in the new administration, interrupted at one point as Trump and some movers walked past discussing where to hang art on the walls. Then Flynn took them back to his corner office and calmly lied to them about conversations with Russia’s ambassador.
Flynn, agents later wrote, “did not parse his words or hesitate.” He simply lied.
The exchange was the start of a remarkable succession of lies over nearly two years by some of Trump’s closest political associates, told to federal agents, Congress and the public that distanced the president and his campaign from an investigation into whether his campaign participated in Russian efforts to disrupt the election that put him in office.
Whatever else special counsel Robert Mueller’s now-concluded investigation may reveal, it has devoted considerable attention to the Trump associates whose lies to lawmakers and investigators deflected attention from connections between Russia and the president’s campaign, and to a central question hanging over many of the charges Mueller has filed: Why did they lie?
Mueller delivered his final report Friday to Attorney General William Barr, marking the end of an investigation that has loomed over the first two years of Trump’s presidency. The Justice Department has so far revealed none of the report’s conclusions, but over the past year and a half, prosecutors have sketched some of them in hundreds of pages of court filings.
Prosecutors have revealed that Trump’s campaign worked eagerly to benefit from a Russian intelligence operation that hacked his opponents’ emails and echoed them in phony social media campaigns, an effort the U.S. government later concluded was aimed in part at helping to deliver Trump the presidency. And investigators charged that a succession of top aides then lied to pretend they hadn’t.
Barr’s Letter: Read Attorney General Barr’s letter to Congress announcing end of Mueller’s Russia probe
Investigation Ends: Special counsel Robert Mueller delivers report marking end of investigation into Trump’s campaign, Russia
Mueller’s office accused seven people, all but one of them former aides or advisers to Trump, with making dozens of false statements during the Russia investigation.
The investigation has produced a deluge of falsehoods on subjects from the president’s business dealings in Moscow to a meeting his son and campaign chief attended in Trump Tower in 2016 with a Russian promising “dirt” on his political opponent. But lying to the public is usually not a crime, and Mueller’s investigators zeroed in on those directed to lawmakers and federal investigators.
Trump’s lawyers maintain that the lies reflect little more than a misguided impulse to protect themselves from things that weren’t crimes to begin with. “The thing about all these lies is that if they all just told the damn truth they probably wouldn’t have been in any trouble,” said Rudy Giuliani, Trump’s lead attorney.
Prosecutors haven’t hinted at their answer, other than to reveal that it is one of the subjects they investigated.
But some of the people they have accused of lying have supplied answers of their own: One suggested he lied out of loyalty. Others appear to have been protecting the president. One, Michael Cohen, a former executive in Trump’s private business and his personal lawyer, said he lied because the president wanted him to.
“Everybody’s job at the Trump Organization is to protect Mr. Trump. Every day most of us knew we were coming in and we were going to lie for him on something and that became the norm,” Cohen said in sworn testimony to a House committee Feb. 27. “And that’s exactly what’s happening right now in this country and it’s exactly what’s happening here in government.”
Special counsel Robert Muller arrives at his office building, Thursday, March
23 months of Russia lies
Flynn has pleaded guilty to lying to the FBI on Jan. 24, 2017, about conversations with Russia’s ambassador, including one in which he discussed rolling back sanctions the Obama administration had imposed in response to Moscow’s election-meddling.
Three days after that meeting, two FBI agents went looking for a young campaign aide, George Papadopoulos. They took him from his mother’s house in Chicago to the bureau’s office there, switched on a video camera, and warned him to tell the truth.
“The only way you’re getting in trouble today is if you lie to us,” one said, according to court records.
For two hours, the agents quizzed Papadopoulos on his interactions with a professor in London named Joseph Mifsud and other people Papadopoulos believed had ties to the Russian government. Eventually, Papadopoulos revealed that Mifsud told him in early 2016 that Moscow had gathered “dirt” on Hillary Clinton, in the form of “thousands of emails,” months before the government revealed that Russia’s military intelligence service had hacked Democratic political organizations. But Papadopoulos passed his encounter with Mifsud off as a “strange coincidence,” unrelated to his work for Trump.
He later admitted that wasn’t true; Mifsud approached him because of his role on the campaign.
Foreign policy advisor to President Donald Trump’s election campaign, George Papadopoulos and his wife Simona Mangiante Papadopoulos leave a federal court in Washington after his sentencing on September 7, 2018.
Foreign policy advisor to President Donald Trump’s election campaign, George Papadopoulos and his wife Simona Mangiante Papadopoulos leave a federal court in Washington after his sentencing on September 7, 2018.
More lies by Trump associates followed.
That August, Michael Cohen lied in a written statement to two congressional committees about Trump’s efforts to construct a potentially lucrative high-rise in Moscow, telling them that they ended early in the campaign, when in fact those efforts continued until the point – almost six months later – when Trump had effectively secured the Republican presidential nomination. Cohen also tried to mislead members of Congress into thinking that Trump himself was uninvolved in the project.
A month after that, in September 2017, prosecutors allege that another Trump confidante, Roger Stone, lied to lawmakers about his efforts to gather information for the campaign about hacked emails that were being released by the anti-secrecy group WikiLeaks. Prosecutors said someone in Trump’s campaign directed a senior campaign official to get in touch with Stone about any other “damaging information” the group might have on Clinton.
When lawmakers summoned one of Stone’s associates to testify, Stone suggested he, too, stick to the story, saying in a text message obtained by prosecutors: “Stonewall it. Plead the fifth. Anything to save the plan’ … Richard Nixon.”
Cohen, Flynn and Papadopoulos have pleaded guilty to making false statements. So has Manafort’s former deputy Rick Gates, and an attorney who worked with the pair, Alexander Van Der Zwaan. Stone, who has maintained his innocence, is scheduled to go on trial in November on charges of lying to Congress and obstruction of justice.
Late last year, Paul Manafort, the former chairman of Trump’s campaign, met with investigators and appeared twice before a grand jury. There, prosecutors alleged in court filings, he lied about his interactions with a business associate in Ukraine who U.S. authorities say is tied to Russian intelligence. Prosecutors say Manafort passed polling data to the foreign associate while running Trump’s campaign.
Prosecutors didn’t charge Manafort with lying, though a judge concluded that he had. Instead they sought to use his lies against him when he was sentenced for other crimes, including conspiracy and tax and bank fraud related to years of lobbying work he conducted in Ukraine.
The full consequence of all the lies remains to be seen.
The personal legal jeopardy for Trump’s associates is playing out in courtrooms from New York to Washington. It’s less clear the implications those lies have had on Mueller’s effort to understand the scope of the Russian government’s intelligence operation around the 2016 election, and how directly it was able to tap into Trump’s campaign, if at all.
David Laufman, who ran the Justice Department’s counter-intelligence unit from 2014 until early 2018, declined to comment on the cases Mueller filed, but said the urgency of finding and countering foreign intelligence operations should be obvious.
“It’s essential when a counterintelligence threat is discovered for the FBI and the Justice Department to be able to take appropriate investigative steps to get to the heart of the matter as quickly as possible,” he said. “If someone the FBI goes to interview is withholding information from the government, that’s a serious mater
‘Loyalty’ and ‘orders’
Trump has tried repeatedly to discredit Mueller’s investigation, savaging it as a political “witch hunt.” The FBI has confirmed that it investigated whether the president also tried to obstruct it, and Mueller’s office closely scrutinized the false statements of Trump aides.
Both Cohen and Flynn have agreed to cooperate with prosecutors and have provided information about the circumstances in which they lied.
“The obvious question on the obstruction theory is who, if anyone, is suggesting that they’d want to cover it up,” said Shanlon Wu, a former federal prosecutor who represented Gates until last year.
“Isn’t it a remarkable coincidence — why are they all lying?” said Robert Ray, a former independent counsel who investigated President Bill Clinton. “Politics is one of those spaces where loyalty is prized above most everything,” Ray said. “When you look at these cases, it’s like everyone understood that — down to the lowest staffer.”
Flynn has never revealed why he lied, and it’s puzzled those who know him.
Giuliani said it was “stupid perjury,” because Flynn, the former head of the Defense Intelligence Agency and a retired general, should have known the government was monitoring his contacts with Russia’s ambassador. Giuliani also said it was “outrageous” that agents questioned Flynn without a lawyer and didn’t give him a chance to correct his false statements.
National Security Advisor Michael Flynn and President Donald Trump arrive at MacDill Air Force Base in Tampa, Florida to visit the U.S. Central Command and Specials Operations Command on Feb. 6, 2017.
MANDEL NGAN, AFP/GETTY IMAGES
Robert “Rocky” Kempenaar, one of Flynn’s longtime friends from Rhode Island, said he believes he lied to protect the president and his administration and that he did not decide to do it on his own.
“He’s a general,” Kempenaar said. “He was following orders from above him. Whether it was the president, I don’t know, but I kind of figured it out knowing Michael the way we do.”
Cohen, too, placed Trump squarely at the center of the obstruction investigation. In scathing testimony to the House Oversight Committee in early February, he said Trump had implicitly encouraged him to lie to lawmakers about plans to build a Trump Tower in Russia. And he testified that some of Trump’s lawyers reviewed and edited a false written statement before he delivered it to Congress in 2017.
“Mr. Trump did not directly tell me to lie to Congress, that’s not how he operates,” Cohen said. “In conversations we had during the campaign, at the same time I was actively negotiating in Russia for him, he would look me in the eye and tell me, there’s no Russian business, and then go on to lie to the American people by saying the same thing.
“In his way, he was telling me to lie.”
Cohen has not said when or where he had those conversations with Trump, but investigators revealed in warrant applications that they had extensively monitored both his communications and his location. He submitted documents to the House Intelligence Committee about his interactions with Trump’s lawyers.
Prosecutors have so far offered nothing to substantiate that account, though they confirmed to a judge last year that Cohen had given them information about the “circumstances of preparing and circulating,” his written statement to Congress, which they found both “relevant and truthful.”
Beyond that, Mueller’s office has offered only brief explanations for why they think Trump’s aides lied.
One of its top prosecutors, Andrew Weissmann, told a judge last year that the special counsel’s office thought Manafort had lied to investigators – after promising to cooperate – to “augment his chances for a pardon.”
And they said Papadopoulos was seeking a job with Trump’s National Security Council or elsewhere in the administration when he lied to the FBI, telling agents he was “trying to help the country and you guys, but I don’t want to jeopardize my career.”
Papadopoulos’ lawyer offered a clearer explanation last year before the former foreign policy aide was sentenced to 14 days in prison. He lied, Thomas Breen said, out of “misguided loyalty to his master.”
Contributing: Bart Jansen
© Copyright Gannett 2019
TheHill
ADMINISTRATION
March 24, 2019 - 06:00 AM EDT
Mueller’s end shifts focus to New York prosecutors
The end of special counsel Robert Mueller’s investigation is shifting the spotlight to federal prosecutors in President Trump’s hometown.
While all eyes this weekend are on the Department of Justice and Mueller’s conclusions, the completion of the special counsel’s report won’t finish all the investigations into Trump.
The U.S. Attorney’s Office for the Southern District of New York (SDNY) is reportedly already carrying out a series of probes related to the president, including efforts focused on Trump’s inaugural committee.
It is also overseeing an investigation into potential campaign finance violations tied to the president.
Trump and his allies are well aware of the investigations and the dangers of the New York prosecutors.
The office is legendary for its ruthless and broad investigations and has shown a willingness to take on big names, from mafia bosses to celebrities and economic powerhouses.
Legal experts told The Hill that even as the Mueller probe ends, SDNY could pose an even greater threat to the president, his family and his businesses.
“That office has been very aggressive about going after high-profile targets,” said former federal prosecutor Kendall Coffey, who called the Manhattan attorney’s office “utterly fearless.”
“Anybody that might be in their bullseye ought to be mighty worried,” Coffey added.
Jonathan Turley, a professor at George Washington University Law School, said charges pursued by SDNY could have a statute of limitations extending beyond Trump’s term, meaning Trump could be indicted once he leaves office.
“If the president was found to be part of a criminal conspiracy or violation, it’s possible that they could proceed with charges after the election,” said Turley, an opinion contributor to The Hill.
The White House and Trump attorney Jay Sekulow did not respond to requests for comment for this story.
Documents from the federal raids on former Trump attorney Michael Cohen released Tuesday indicated that federal prosecutors in New York are probing a potential campaign finance violation. Cohen has publicly implicated the president in the scheme to make payments to women alleging affairs with Trump, as have court filings from SDNY. Trump has denied any wrongdoing in the case.
The New York Times also reported Saturday that the Manhattan attorney’s office is conducting several investigations tied to the president, including one into his inaugural committee and two others linked to former Trump campaign chairman Paul Manafort.
A spokesperson for SDNY declined The Hill’s request for comment.
A source close to Donald Trump Jr. dismissed any concerns over SDNY. Trump Jr. is overseeing the president’s personal businesses alongside his brother Eric and has faced scrutiny over a 2016 Trump Tower meeting between Trump campaign officials and a Russian lawyer.
Legal sources told The Hill that as Mueller’s probe wound down, it’s possible he handed evidence not relevant to the Russia probe to other U.S. attorney’s offices.
Mueller referred the Cohen investigation to SDNY after investigators on his team found evidence of crimes unrelated to Russian election interference, such as bank and wire fraud.
Coffey said that while Mueller had talented prosecutors on his team, his office lacked the longstanding structure and resources SDNY has in place. That could bolster any DOJ probes coming out of New York.
Several figures who were scrutinized as part of the Mueller probe have celebrated its conclusion, taking the lack of indictments issued as the investigation ended as a sign that they won’t be prosecuted as part of the Russia probe.
However, Mimi Rocah, a former assistant U.S. attorney for SDNY, said those figures could still face charges from other parts of the Justice Department.
She said that because some figures such as Trump Jr. never interviewed with Mueller before the investigation concluded, those individuals could be targets of an investigation rather than just witnesses.
The experts also noted that many of the witnesses in the Mueller probe are now facing congressional inquiries. Democrats, who took over the House in January, have launched several investigations into Trump and his businesses.
The House Judiciary Committee alone has requested documents from 81 figures, including Trump Jr. and White House senior adviser Jared Kushner, who is also Trump’s son-in-law.
“The congressional investigations remain a live torpedo in the water for any unindicted person,” Turley said.
Rocah said Mueller could hand over evidence that he uncovered in his probe to congressional investigations as long as it wasn’t part of a grand jury investigation and wasn’t classified.
Jill Wine-Banks, who worked as an attorney on the Watergate investigation, said investigations launched by the state of New York could prove to be a bigger threat than those coming out of the U.S. attorney’s office.
She said SDNY would have to follow the same Justice Department guidance Mueller did, which states a sitting president cannot be indicted. However, state prosecutors wouldn’t be held to the same standards.
The New York attorney general has personally targeted Trump before. The office last year sued the president over his foundation, demanding that it be dissolved and that he and his adult children be prevented from holding leadership roles at other charities, at least temporarily, over alleged “persistent illegality.”
And the Manhattan district attorney filed fraud charges against Manafort shortly after he was sentenced on federal charges. The maneuver was viewed by some as an attempt to stop Trump from potentially pardoning Manafort, as the president cannot pardon an individual for state charges.
“New York is his homebase and it’s where his corporation and foundation are,” Wine-Banks said of Trump, noting that the state and SDNY could also attempt to claim jurisdiction over the Trump inaugural committee and transition teams over their New York ties.
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