Sunday, March 3, 2013


OOPS! Here it is, you decide
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Republicans party has become the “Almond Joy Party”. Sometime they act like a nut and sometime they don’t.
Editorial Comments By Clarence Piner Jr
Mitt Romney Gets Tax Break Off Firm Sending Jobs To China
Do you remember in the debates when Governor Romney stated to the President on stage before at 50 million viewers that he didn’t know anything about getting tax breaks for out sourcing jobs to China? He lied; he is a expert at moving jobs to other country or at least claiming he didn’t do it. Baines Capital and his buddies are all experts at playing this game. This was a man that came to close to the oval office. I recall when the Republicans party was all about character that all they talked about and all most nothing else. Oh by the way, their fingers were pointed at the Democratic candidate who was running against their candidate. I recall thinking what a bunch of “hog ma-larky” not that character is ma-larky let me say here and now it is not. Character is “what you do when no one is looking” I talked about this in my books. You can find them at my web page Http://www.ownmybooks.com.

I must tell you I am glad we didn’t elect the Republicans candidate for the highest office in the land in my opinion he didn’t possess the qualities for the kind of leadership needed to lead our nation. Also he has not demonstrated the kind of vision and ideas needed to lead a nation. Anytime you and your VP come to the table with empty hands and nothing but I will tell you after the election about our plans you will just have to wait, be patient we will tell you later just trust us. Is there anyone out there that can explain the Governor’s plans for the country? If so, I would like to hear them. I think not, all I recall him and his VP candidate stating over and over it will take to long to explain or it’s to complicate for the time I have to tell you about our plans “trust us”. The last thirty five days or so they refused to meet the media when they did they refused to answer any questions. The VP candidate was in southern states where they were going to win because these southern Republicans were never going to vote for a person of color. Quite frankly I am surprise they got as many votes as they did base upon what they presented to their audiences.

The Americans people may have forgotten the GOP plans to privatize Social Security, Voucherizing Medicare, destroy Medicaid, and any other social program that good for the people.  Anything that good for the people Republicans are out to destroy it. These rich billionaires want to control everything if they aren’t in charge or getting paid for everything even things that has no impact on them. Remember they all live behind gated communities where they don’t have to be contaminated by the 47%. All they want is you breaking your backs to make them richer than they are. They are doing everything in their power not to help pay their workers health care cost. All of you women out there you are in double trouble these guys are really out to get you. I hope by now women have been awaken from their deep sleep and looking at the result from the 2012 election I think maybe they have. I sure hope so,

Before I leave this area I have another question that I hope someone can help me; here is my question, Why are so many people out there who hate Obamacare? http://obamacare.com/home-page

The stock market went from the 6,000 to 13,000 during President Obama first term. For most workers who had a 401K invested in the market on Wall Street made out like bandits so given this why are you mad at him?

There is no right to Secede see the alleged letter where Justice Scalia shoots down idea of leaving the union.

I know there are millions of you who hate people of color and the President in partially I say to you get over it. Yes he is your President too like it or not just like President Bush was my President when he was President. Any President elected by the people even when Republicans did everything in their power to steal the 2012 election and spent tons of money trying to buy the election but that didn’t work either. Their real problem is their same old broken ideas that didn’t work under President Bush and in my opinion may never work again unless the American people go brain dead. Republicans stop being haters trying to secede from the union. If you real the right wing justice Scalia and other have stated this is a bad idea and it will never happen. I have even heard some say they are leaving America can you believe these crazy people where are they going South America? I am not against the people south of the border however; some nations are having problems with drug trafficking. They will tell you they would not be having these problems if America wasn’t pumping this bad stuff in their body as fast as they can get. Are you looking to the north they don’t want our problems either they have enough problems of their own they don’t need ours. So where are these secession going? It seem to me they really don’t have very many options, what they need to do is get over it, come to grip with losing and stop hating people of color. We are a nation with the best of everything and nevertheless we are running from ourselves with all the drugs we can find. If we keep this kind of behavior we are going to lose our premier spot in the world because most of our citizens will be too high to care or work hard like our fore fathers.

Guys the civil war is over and the north won thank god. If they had not won this nation would be in one helluva mess. Slave trading own by the “Slave Holding Class” mostly southern of course Plantation owners was the biggest business in Dixie and I am told made the most money selling people from Africa. These owners were not about to give up those dollars so in come the civil war to settle this issue. The north won this war and I am glad of it. Some of my great, great, great grand fathers fought on the side of the north to help remove the yoke from American Indians, African Americans and other groups who were caught in this mess.

Some of these business leaders who own large corporations have threatened their people about voting for President. I guess lot of them did some of these owners have fired them for their vote. I wonder how he found out I guess his employees told him knowing they were going to be fired. A business owner from Alabama who own a Topless car wash business that was regulated out of business by local officials not President Obama who was not in office in 2002. It’s seems to me this business owner forgot he is in the Bible belt they are not going to allow young women to wash cars topless or bottomless in their communities.  This business owner blames President Obama for his predicament and he has 25K of other nuts in my home state. He is leading their charge to secede from the union. I say to all of these nuts go ahead we will not miss you. Really what they need to do is spend their time fixing their communities where they live so life can be better for all. Only now have they dream up this worthless idea that will never work because it’s a really, really bad idea.

The U.S. Civil War
Perhaps the best-known example of a secession taking place within the borders of a formerly unified nation was the withdrawal (1860–61) of the 11 Southern states from the United States to form the Confederacy. This action, which led to the Civil War, brought to a head a constitutional question that had been an issue in the United States since the formation of the union. It was the principal point in the controversy over states' rights.

The secessionists argued that the union created by the Constitution was only a compact of sovereign states and that power given to the federal government was only partial and limited, not paramount over the states, and effective only in the specific fields assigned it. The states, being sovereign, had the legal right to withdraw from the voluntary union. The opponents of the right of secession believed that the Constitution created a sovereign and inviolable union and that withdrawal from that union was impossible. Prior to the Civil War secessionist sentiments were evidenced in both the North (see Hartford Convention) and South, but as the North grew more powerful, talk of secession became more common in the South.

The nullification movement, which held that any state could declare null and void any federal law that infringed upon its rights, was an attempt to eradicate the need for secession by giving the states complete sovereignty. Measures such as the Missouri Compromise and the Compromise of 1850 were merely delays in resolving whether the states or the federal government was to possess sovereignty. Desiring to maintain the slave system and threatened by the North socially and economically, the South finally seceded from the Union soon after the election of Abraham Lincoln. The defeat of the Confederacy in the bloody war that followed settled the constitutional controversy permanently.

And there more..check this out there was a guy in Arizona that was so upset with President Obama being reelected that he decided to end the life of his wife, two sons and himself because to live under Obama rule was to much to take so, he end his family time on this earth. He didn’t give them a choice, another white male who knows what best for everybody. It’s unclear what was going on in his head to come to this conclusion. I can’t see anything that our President has done to anyone to cause this kind of thinking. This is a clear indication how deep of a hold racial bigotry has on some people most are Republicans but by no means are all. Racialist come in all shapes, size, colors and ethnic groups. 

I am not sure how we are going to turn this around but if we are to survive we must overcome our desire for getting high with going to work and enjoying it. I see a major problem in this area and it called bosses they have forgotten their roles, they have lost their intellect when it come to treating their employees. These guys and gals see themselves as running their companies without needing people. Remember they build their companies by themselves they didn’t have any help from anyone. It seem as soon as they make their first million they become Republicans and do everything in their power to destroy their companies by treating their people like slaves. These manager owners must have attended graduate school when I did because I see some of the traits that were being taught during the ninety when I attended graduate school. It’s unclear to me how they have been successful to this point. I had some heated discussing with some of my professors about some of the ideas they were teaching. If you treat your people like you would like to be treated they will go to the matt for you. You must take care of their needs and they will take care of your.

I heard a radio commercial by a local gun store owner stating that people should hurry before the new law outlawing guns by the President takes effect. Obviously this store owner was speaking to group of what I call idiots because no where or nobody has suggested taking people guns away. The President can’t do it by himself anyway he doesn’t have the power he needs the congress to pass gun laws or any laws in America. I have heard some talking heads talking about banning assault rifles. I agree with their arguments about assault rifles we don’t need drug dealers or gang members shooting up the streets with their AK47. I can’t see law bidding citizens needing this type of weapons. If you are in a war zone then this may be a good tool for that environment. But it’s a no go on Main Street.

Let me make it clear the President has never talk about banning hand guns or hunting rifles. As a matter of fact the opposite is true. He has stated that people should be authorized their legally own weapons. So to that store owner sir you are wrong frightening your listens into rushing out to purchase a gun. I understand why you would be doing this it’s called the almighty dollar, “who want it and who has it”. Your potential customers have the dollars and you want their dollars in your coffers. I can’t blame you for that but don’t lie about something that never going to happen. 

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Kevin Russell Contributor
Posted Fri, June 29th, 2012 9:54 am
 Civil rights statutes put at risk by health care decision
Starting to think about the potential collateral consequences of the health care ruling, I think it is very likely that one of its major impacts will be to revive claims that several significant civil rights statutes, enacted under Congress’s Spending Power, are unconstitutional.

In the health care decision, the Court held that Congress exceeded its Spending Clause authority by forcing states into an all-or-nothing choice by threatening to revoke all of their Medicaid funding if they did not participate in the Medicaid expansion.  A decade or so ago, several states made similar challenges to a number of important civil rights statutes that condition receipt of federal funds on the state’s agreement to abide by non-discrimination principles in the federally funded programs.  These statutes include Title IX (sex discrimination in federally funded education programs), Title IV (race discrimination in any federally funded program), and the Rehabilitation Act (disability discrimination in federally funded programs).   States argued that by threatening to take away all of a program’s funds if the State’s didn’t agree to abide by these statutes, Congress was engaging in unconstitutional coercion.

Mostly, the states were arguing not so much that the anti-discrimination mandate was unconstitutional, but that the states were unconstitutionally coerced into agreeing to waive their sovereign immunity and submit to private lawsuits by individuals alleging discrimination in violation of the federal statutes.  But the coercion claim would have applied equally to the requirement to refrain from discrimination in the first place.

All of these challenges failed.  But it seems likely that many will now be revived.  States can now point to the Supreme Court’s striking down of the Medicaid Expansion for support for the proposition that the coercion doctrine — which had been mentioned but never enforced by the Supreme Court in prior decisions — is real and has teeth.  And they can look to the majority and dissenting decisions for guidance on what counts as unconstitutionally coercive.

This does not mean they will succeed.  To be honest, I find the opinions to be remarkable thin on doctrinal guidance.  The Justices mostly adopted a “we know it when we see it” theory of coercion in this case.  The lower courts are going to have to spend a lot of time trying to turn the Court’s gut reaction into a set of legal principles.

But two aspects of the Medicaid Expansion were particularly troubling to seven of the nine Justices — (1) the law threatened to take away all of what was a very large amount of funding upon which states have become reliant, and (2) as the Justices saw it, Congress was threatening to withhold funding for one program (the old Medicaid program) for non-compliance with the rules of a separate program (the new Medicaid expansion program).

These two factors point both ways with respect to the civil rights statutes.  Often, the statutes apply to programs that receive many millions of dollars in federal aid, all of which is theoretically at risk if the State refuses to promise to abide by the required non-discrimination principles.  On the other hand, unlike the Affordable Care Act — which seemingly required the federal government to withhold all funds if the state refused the expansion — I believe that the civil rights statutes permit the government discretion in setting the amount of the withholding for non-compliance.  (Although I am not sure what would happen if the state refused, at the outset, to agree not to discriminate).  At oral argument, Justice Breyer suggested that such enforcement flexibility (which he proposed to read into the Affordable Care Act) would save the statute from being unconstitutional on its face.  What would be unconstitutional is a disproportionate response to violations, rather than requiring the states to agree to the funding conditions in the first place.

Second, the civil rights statutes tend to operate program-by-program (although the definition of “program” is fairly broad).  So, for example, a state does not risk losing its transportation funding if it discriminates in a scholarship program.  So the civil rights statutes arguably do not pose the problem of threatening one program for non-compliance with the rules of another.  In addition, the program-by-program limitation reduces the amount of funding at issue which, while large, is significantly smaller than the amount of money at issue in the Medicaid program.  And the Court seemed to take pains to emphasize that Medicaid’s vastness put it in a field by itself.

Finally, like the Affordable Care Act, it is possible to argue that the civil rights statutes are supported by more than one federal power — as applied to state and local governments, they may be valid exercises of Congress’s power to enforce the Equal Protection Clause of the Fourteenth Amendment; as applied to private entities, they may be valid Commerce Clause legislation.  But defending the laws on those grounds has its own difficulties.

In the end, I would be surprised if the Supreme Court ended up striking down any of these civil rights provisions.  But I would not be surprised to see some lower courts holding the statutes unconstitutional, and I would shocked if states did not ask them to do so.
Posted in Health Care
Recommended Citation: Kevin Russell, Civil rights statutes put at risk by health care decisionSCOTUSblog (Jun. 29, 2012, 9:54 AM), http://www.scotusblog.com/2012/06/civil-rights-statutes-put-at-risk-by-health-care-decision/

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Mitt Romney Gets Tax Break Off Firm Sending Jobs To China
Posted: 09/27/2012 4:32 pm Updated: 09/28/2012 9:17 pm
WASHINGTON -- Sensata Technologies is a healthy manufacturing company that employs nearly 200 workers at a factory in northern Illinois. The company has become the focus of national attention because it has been taken over by Bain Capital, which plans to shut the factory down, lay off the workers, and outsource the production to China before the end of the year.

The workers have pleaded with GOP presidential candidate Mitt Romney, the founder of Bain Capital, to exert his considerable influence to save their jobs. Romney still makes millions each year in income from Bain. So far, he has declined to weigh in, and the factory is scheduled to close by the end of the year.

While the workers and the town may suffer, Romney himself has done well as a result of Bain's work with the company. According to his recently released 2011 tax returns, Romney transferred $701,703 worth of Sensata stock to the Tyler Charitable Foundation, a 501(c)3 tax-exempt nonprofit controlled by Romney. The gift is listed on page 323 of the pdf, on form 8283 (below).

Moving the stock to his nonprofit brings Romney twin benefits. First, he gets to deduct the full value of the stock. At a 35 percent tax rate, that's nearly a $250,000 benefit. At 15 percent, it's just over $100,000.
Second, Romney is able to avoid paying capital gains taxes on the stock price increase. Romney's returns list no cost for the stock, and indicate he obtained them as part of a partnership interest in Bain. Avoiding capital gains taxes on the full increase would save an additional $100,000. In 2010, Romney gifted $170,000 worth of Sensata stock to his charity, saving $25,000 in capital gains taxes that year.

Cheryl Randecker, a Sensata worker facing an imminent layoff, said, "I could pay off my house with that [$25,000], and he doesn't need it anyway."

Randecker received her 60-day layoff notice shortly after Labor Day. She and other Sensata employees have tried in vain to pressure Romney and Bain to keep their jobs in the U.S., going so far as to create a "Bainport" encampment across the street from their plant in Freeport, Ill. Billed as the "home of the Romney economy," the site highlights what some Sensata workers describe as corporate greed squeezing the middle class.

As in many Midwestern towns, Freeport's jobs at Sensata are some of the few well-paying manufacturing jobs that remain in the area. Several Sensata workers have told HuffPost that they're worried that after the layoffs they'll end up in low-paying service-sector positions, if they manage to find jobs at all. Randecker, a 33-year Sensata veteran, said she fears having to start a new career at age 52. Barring something miraculous, she said she will lose her job the day before the presidential election.

"Knowing ... that he's going to profit single-handedly from us losing our jobs here in Freeport is very disturbing," Randecker, a single mother, said. On the subject of Romney's capital gains savings, Randecker continued, "It's very bothersome that he doesn’t pay his fair share of taxes. If he and the rest of the one percent did, we probably wouldn’t be in a deficit here ... The lower and middle class keep getting stepped on."

Rebecca Wilkins, an attorney with Citizens for Tax Justice, said that Romney's move is a prime example of the way that the super-wealthy are able to game the charitable deduction while still holding on to their money.

"During the last crazy weeks of each year, in the middle of the holiday and year-end rush, most of us sit down and write a few checks to our favorite charities. We want to support their work and we appreciate the related tax deduction," Wilkins said. "But higher-income taxpayers can use special arrangements, like charitable trusts and private foundations, to get big deductions now for amounts that won’t go to charities for many years to come -- often not until the taxpayer dies. They can also give gifts of property, like stock, that have gone up in value. They get a deduction for the full fair market value of the stock, but never have to pay the capital gains tax on the appreciation."

The Romney campaign did not immediately respond to a request for comment. But Andrea Saul, a campaign spokeswoman, previously told HuffPost that the candidate "donates a substantial amount of money every year to charity. He receives the same charitable deduction for his private giving as does any other American."

In the end, Romney didn't even need the extra tax benefit he got from transferring the Sensata stock. When Romney released his most recent returns, his trustee explained that he declined to take roughly $2 million in charitable deductions for contributions for which he was eligible. He declined the deductions so that his tax rate wouldn't dip below 13 percent -- a marker he had set earlier when he said that there was no year he'd paid a rate lower than that.

If Romney amends his tax return after the election, he will be eligible to recoup the difference.
Romney also transferred nearly $220,000 worth of stock in Dunkin Donuts, another Bain investment, according to his returns.
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THERE IS NO RIGHT TO SECEDE’: SEE THE ALLEGED LETTER WHERE JUSTICE SCALIA SHOOTS DOWN IDEA OF LEAVING THE UNION

Last night, TheBlaze reported that residents of 27 states had filed petitions with the White House to be allowed to secede from the union. As of today, that number has swelled to 47.

But could it actually happen? Do states even have a right to secede anymore? The answer, according to arguably the most respected conservative Justice of the United States Supreme Court, is an unequivocal “no.”

Over at New York Personal Injury Attorney Blog, author Eric Turkewitz recounts an interesting  story of how his brother, a screenwriter, managed to apparently coax an answer out of Scalia on precisely this topic:

Dan is a screenwriter (whose screenplay Tranquility Base was just named a finalist at the Vail Film Festival, and previously took top honors elsewhere). Back in 2006 he started working on a political farce that had Maine seceding from the United States and joining Canada.[...]

So, on a lark, he wrote to each of the 10 Supreme Court justices (including O’Connor) with this request:
I’m a screenwriter in New York City, and am writing to see if you might be willing to assist me in a project that involves a unique constitutional issue. My latest screenplay is a comedy about Maine seceding from the United States and joining Canada. There are parts of the story that deal with the legality of such an event and, of course, a big showdown in the Supreme Court is part of the story.

At the moment my story is a 12 page treatment. As an architect turned screenwriter, it is fair to say that I come up a bit short in the art of Supreme Court advocacy. If you could spare a few moments on a serious subject that is treated in a comedic way, I would greatly appreciate your thoughts. I’m sure you’ll find the story very entertaining.
           
HERE’S WHY GLENN BECK SAYS TO STOP ALL THOSE SECESSION PETITIONS: ‘ARE YOU OUT OF YOUR MIND?

Glenn Beck responded to the wave of post-election secession petitions (which have now hit all 50 states) during both his radio and television programs Tuesday, relaying a simple message to his audience: taking part isn’t smart.

“Now how do you think that’s going to work out?” Beck asked on his radio show. “I mean, how dumb do you have to be?  Really?  You’re putting your name on a list that goes directly to the White House, and you’re putting your name on a list and saying, ‘yeah I think we should secede, I think there should be a Civil War.’”

When co-host Stu Burguiere pointed out that the petitions request a “peaceful” secession, adding that it really is just a place to “make a statement,” Beck appeared unconvinced.

“Uh huh…[And] do you think that these people don’t forget who made a statement to them?  Are you out of your mind?”
Beck continued to say that many of the signatories are probably thinking something along the lines of, “They voted for this, let ‘em have it!”

“Instead of focusing on, ‘I’m not doing anything with you guys,’ just focus on the positive,” Beck countered.  “What are you going to do?  Anyone who wants to secede, that issue’s been settled.  Now I don’t happen to agree with it, because I don’t understand how the Constitution could be a suicide pact…that’s what the Civil War settled.”

Scum abound every where
TACOMA, Wash. — Facebook’s automatic efforts to connect user through “friends” they may know recently led two Washington women to find out they were married to the same man, at the same time.
That led to the man, corrections officer Alan L. O’Neill, being slapped with bigamy charges.

According to charging documents filed Thursday, O’Neill married a woman in 2001, moved out in 2009, changed his name and remarried without divorcing her. The first wife first noticed O’Neill had moved on to another woman when Facebook suggested the friendship connection to wife No. 2 under the “People You May Know” feature.

“Wife No. 1 went to wife No. 2′s page and saw a picture of her and her husband with a wedding cake,” said Pierce County Prosecutor Mark Lindquist told The Associated Press.
Wife No. 1 then called the defendant’s mother.

“An hour later the defendant arrived at (Wife No. 1′s) apartment, and she asked him several times if they were divorced,” court records show. “The defendant said, ‘No, we are still married.’”

Neither O’Neill nor his first wife had filed for divorce, according to charging documents. The name change came in December, and later that month he married his second wife.

O’Neill allegedly told Wife No. 1 not to tell anybody about his dual marriages, that he would fix it, the documents state. But wife No. 1 alerted authorities.

“Facebook is now some place where people discover things about each other that end up reporting that to law enforcement,” Lindquist said.

O’Neill, 41, was previously known at Alan Fulk. He has worked as a Pierce County corrections officer for five years, sheriff’s spokesman Ed Troyer said. He was placed on administrative leave after prosecutors charged him Thursday. He could face up to a year in jail if convicted.

O’Neill is free, but due in court later this month, which is standard procedure.

Civil rights activist

U.S. Must Expand, Not Suppress, Voting Rights
Posted: 03/ 6/2012 10:25 am

In Selma, Ala., on Sunday, I joined thousands of citizens marching across the Edmund Pettus Bridge, marking the 47th anniversary of Bloody Sunday, the 1965 march and police riot that helped spark the passage of the Voting Rights Act.

The march was not a memory to the past, but a protest of the present. In Alabama, conservatives are moving once more to suppress the vote, part of a concerted effort across the country to make it harder for the poor, the elderly and minorities to vote.

Alabama's voter ID law will require citizens to present photo identification at the polls. An Alabama immigration law requires police to determine citizenship status during traffic stops, essentially exposing Latino citizens and non-citizens to constant harassment.

Photo ID laws have been introduced or passed in at least 15 states. They discriminate against those who don't have driver's licenses -- disproportionately poor, elderly and minorities. Nationally they could disenfranchise about 5 million voters. Several states are also pushing legislation to restrict voter registration and to limit early voting.

The current drive is the greatest insult to the Voting Rights Act since it was passed 47 years ago.
Republicans argue that the voting laws are needed to counter fraudulent voting. But they have produced zero evidence of organized efforts to tip elections with fraudulent voters. The laws, as noted by the Rev. Al Sharpton, one of the march organizers, are a "solution looking for a problem."

On Bloody Sunday 47 years ago, Americans saw nonviolent African-American protesters brutalized in a police riot. The nation's conscience was touched and Washington responded, as President Johnson pushed through the Voting Rights Act.

Protests against current efforts to suppress the vote have only just begun. But they will build -- and they will once more pose a moral challenge to America.

Will Americans reward a party that is systematically seeking to make it harder to vote? Will they accept routine harassment of minorities because of their fears about immigration? Will the politics of division once more be effective?

In the old South, whites feared that they would suffer with the end of segregation. Their privileges would be reduced; their economy would be upended. In fact, the civil rights movement's victories opened the South to a new prosperity. Investment flowed in. Companies that would have not gone into a segregated South moved to Atlanta and other cities.

It turned out that to hold African-Americans in a ditch, whites had to stay down there with them. The end of segregation, the passage of voting rights, created new opportunity for all.
But the old South did not die. The modern Republican Party was built on its infamous Southern strategy, appealing to whites in reaction to the passage of the civil rights laws. Now that strategy, which alienated African-American voters, seems to be replaying itself in the party's harsh rhetoric and actions about the new wave of immigrants. The result may well alienate Latino and Asian-American voters.

Worse, it means that one of America's two major parties is increasingly devoted to finding ways to limit the vote rather than expand it. In fact, what we ought to have is a competition on how to ensure that every citizen can cast his or her vote easily. Automatic registration on birth, early voting, extended voting days, polls that are open on weekends and before and after work days -- we should be having a competition on how to increase the vote, not on how to suppress it.


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