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EAC Falsely Accused Of Creating Unfunded Mandates...
By John Gideon on 1/25/2008 3:19pm PT  

Guest Blogged by John Gideon, VotersUnite.Org

The community of Gloucester Mass. has a huge environmental disaster on its hands due to a sewage pipe that is leaking into the bay. The community has $150M in unfunded mandates due to the sewage pipe and all of that on an $80M budget.

Now the community, as well as those across Massachusetts, has been told that they must replace all of their ES&S Optech Eagle III-P precinct based optical scan voting machines. ES&S has told these people that the U.S. Election Assistance Commission (EAC) has mandated that those machines can no longer be used. According to the Gloucester Times Daily ES&S has told its customers in MA that "the firm's software 'will not meet federal standards and can't be modified to meet those standards.'"

In fact, the software may not meet the present federal standards that it would be tested against, if it needed to be tested today. However, the software and the machines have worked fine in the past and can probably continue to work for as long as Massachusetts communities want to use them.

This morning I called the Editor of the Gloucester Daily Times. He was interested to learn that the EAC had made no such mandate and that this seemed to be a sales ploy by the vendor. His interest was not unexpected after he ran an editorial in his paper this morning in which he said:

The voting machines in Gloucester do exactly what they are supposed to do - they count votes accurately.

But that is apparently not good enough for the federal government. The city - along with several dozen other communities in Massachusetts and thousands across the nation - has been informed by the manufacturer that it will have to replace them. In Gloucester, the bill is estimated to be around $80,000.

The mandate, from the dubiously named federal Election Assistance Commission, calls to mind one of the more famous quotes of former President Ronald Reagan: "The most terrifying words in the English language are, 'I'm from the government and I'm here to help."

Then I called the city clerk's office and spoke with the gentleman in charge of voting machines. He said that communities across the state like the III-P's and want to keep them. They cannot afford to buy new machines and they don't understand why they are being forced into that position. He told me that with the III-P's the only failure they ever had was a "read head" that was easy to replace. Newer technology has many more moving parts.

It's amazing that ES&S is clearly misstating the facts and accusing the federal Election Assistance Commission of making mandates that will cost these Massachusetts communities hundreds of thousands of dollars.

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SoS Refuses to Given Reason for Failing to Secure Ballots in Vault; Counting Room With Ballots Sealed Only by Removable 'Post-It Note' as 'Security Seal'...
By Brad Friedman on 1/25/2008 12:12pm PT  

Blogged by Brad, from on the road...

Behold the "chain of custody" for the ballots in New Hampshire's ongoing Election Contest hand counts. The man seen in the still frame below, on the right, is NH Sec. of State Bill Gardner...


The above video clips were recorded and compiled by election watchdogs Bev Harris (of BlackBoxVoting.org) and Susan Pynchon (of Florida Fair Elections Coalition), both of whom were on the ground in Concord during the initial stages of the requested Democratic and Republican hand counts following the Primary Election in the Granite State. Harris offers more commentary on the video above right here.

Previously, Harris posted a stunning photo essay detailing the embarrassingly poor condition of the ballot boxes themselves --- unsealed, open for anyone to reach their hand in --- as they were picked up from towns around the state and delivered to the counting area at Concord's State Archives building.

The counting continues today for Republican Albert Howard, though New Hampshire SoS Bill Gardner, seen in the above video, has requested a halt in the counting for two days next week. That, after apparently misrepresenting Democratic candidate Dennis Kucinich's serious concerns about "significant variances" discovered during counting of just one New Hampshire county so far. Disparities have been discovered as high as 10% for some candidates in some precincts.

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UPDATE: SoS Backs Down, Count Will Procede As Scheduled, According to Reports...
By Brad Friedman on 1/25/2008 11:28am PT  

By Brad Friedman, from on the road (again)...

A representative of Republican Albert Howard's New Hampshire hand count called this morning to say that, without giving any specific details, the NH SoS office informed them today that "We're gonna have to stop the recount for a couple of days" next week. No reason, other than "legislative business" was given.

A few minutes ago, Howard, who had patiently waited for nearly two weeks while NH SoS Bill Gardner began the counting for the Democratic request, claiming they couldn't count the two different primaries at one time (though it seems they couldn't even count one primary at the same time!), sent us the following note, objecting to the delay in counting. The letter was hand delivered to Gardner moments ago...

January 25, 2008

HAND DELIVERED
Secretary of State
State of New Hampshire
Dept. of State
107 N. Main St. Rm 204
Concord, NH 03301

Re: RECESS

Dear Mr. Gardner:

This letter is being prepared for delivery to you following today’s lunch break.

Earlier today, Assistant Secretary of State David Scanlan asked me for my consent to a recess in the recount, the recess to span Tuesday and Wednesday of next week.

This is to inform you that I strenuously object to any suspension of the recount process.

I can think of no more important business for the State than the completion of the recount process.

The nation is in the early stages of the 2008 Presidential electoral process. The performance of the machines used in New Hampshire is of vital importance. The sooner the results are known and available to the People and to other units of government charged with conducting Primaries and General Elections, the better for the nation.

In addition, with the sudden start of the recount process, I and the observers have made costly arrangements for transportation, housing and personal time away from their places of employment that cannot be changed without personal harm.

Before any decision is made to suspend the recount over my objection I am respectfully requesting that you cite your legal authority to suspend the recount over my objections and under the current facts and circumstances; it was bad enough that the recount was not started on the date explicitly required by New Hampshire law.

Very truly yours,

Albert B. Howard

Howard had requested the hand count after noting that results reported by C-SPAN on Election Night allegedly showed him as having many more votes than were finally reported in the official results after the polls closed. He gave a check for $57,600, raised by supporters, to the SoS on January 16th. His hand count finally began yesterday, after Kucinich's stopped when the funds submitted so far had apparently been spent.

Yesterday, we pointed to Gardner's apparent lie to the media, claiming that Democratic candidate Dennis Kucinich was "satisfied at the integrity of the recount" despite a letter from Kucinich to Gardner the day before (posted exclusively by The BRAD BLOG here), clearly revealing Kucinich to be anything but "satisfied," and, in fact, having requested "a complete and accurate recount of all ballots" to be carried out at state expense, given the "significant variances" discovered so far during the counting of just one NH county.

We had left a message with the SoS office seeking comment and/or clarification for Gardner's statement to the media. He has yet to return our call.

UPDATE 1/26/08, 1:35am PT: We've been on the road, and in a media conference all day, so haven't been able to follow up ourselves, but an emailer writes to tell us, "the NH SOS told Albert Howard that there would be NO recess in the counting of ballots next week".

Bev Harris reports in comments (along with additional thoughts on the dynamics of SoS Gardner and Dept. SoS David Scanlan) that she has received a similar report from someone else on the ground in NH, that the count will proceed without hold up. Though the reasons for the initially attempted halt remain a mystery for now.

What's clear is that standing up, and pushing back loudly and publicly by Howard has made a difference. If Democrats did the same, we'd probably not be in this fine mess in the first place...

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By Brad Friedman on 1/24/2008 2:39pm PT  

The BRAD BLOG is four years old today! Though it feels like 40 for some reason.

If you're in the mood to leave us a much-needed birthday gift, we'll happily and gratefully accept it right here.

If you're in the mood to really make this year "count", please consider creating an automatic monthly support subscription of any $ amount you wish. It'll take you about 60 seconds. See the blue form on the right side of this page to set it up quickly.

We'll send a gift (we've got a number of cool premiums we'll contact you about) to anyone who signs up for $10 or more per month.

NOTE: I'll be "celebrating" by driving back up to Northern California for the bulk of the day, to speak this weekend at an alternative media conference in Santa Cruz. So I'll be "off the grid" until later tonight. If you're near Santa Cruz, please come on by if you can! There will be a bunch of great folks there, including (ironically enough) a panel I'll be speaking on Friday night, along with Elizabeth Kucinich and Elizabeth de la Vega (author of The U.S. v. George W. Bush). While I've spoken to both Elizabeths on the phone previously, I'll look forward to meeting them in person. Especially now!

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Bill Gardner Says 'Kucinich Satisfied With Recount' When Letter from Congressman to SoS Says Otherwise...
By Brad Friedman on 1/24/2008 1:11pm PT  

On Monday, New Hampshire's Union Leader editorialized as follows...

Whatever the recount's results, [NH Sec. of State Bill] Gardner has opened the process to observers so there can be no question about the integrity of the count. Doubters on both sides should let this settle the issue. If they question Gardner's integrity, then we'll know for sure not to trust anything else they have to say.

While The BRAD BLOG has reported, in some detail, on the incompetence of New Hampshire's Secretary of State, Bill Gardner, his failure to track Diebold memory cards, and many more issues revealed during the course of the Election Contests following the state's recent Primary Election, we've yet to question his integrity.

However, if this report from today's Nashua Telegraph accurately quotes Gardner, then its time to begin questioning him on that score, because now it would appear he is simply out and out lying to the media about the hand count results, and Dennis Kucinich's position on it, at this hour, as stated clearly in a letter sent yesterday to the SoS.

Tucked at the end of the Kevin Landrigan's Telegraph piece today on the latest "recount" news, are the following, virtually inexplicable, comments from Gardner...

--- Click here for REST OF STORY!... ---

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By Brad Friedman on 1/24/2008 12:27pm PT  


Following on our report last Saturday of massive voting machine failures that kept voters from voting for hours in Horry County, SC, Kitty Pilgrim, on CNN's Lou Dobbs Tonight (video at left), reported yesterday on plans for SC to use the same machines again in this Saturday's Democratic primary.

At the same time, the Governor and Legislature in Colorado are finally beginning to get it, and simply override the incompetent SoS there, who can't seem to say "E-Voting machines that don't work should NOT be used in elections." So the Legislature appears ready to do it for him.

We're also happy to see the good John Bonifaz, of VoterAction.org, making an appearance to call for accountability (let's get our money back!) from the voting machine companies that have knowingly defrauded America.

And a NOTE TO KITTY PILGRIM: Your reporting keeps discussing "paperless voting machines" in reference to Direct Recording Electronic (DRE, usually touch-screen) machines that have no "paper trail." Adding "paper trails" to such machines is meaningless. They cannot be verified as reflecting the voter intent anymore than on a DRE without "paper trails."

If you stop and look carefully at your own reporting on SC last week, you'll note that the machines would not work at all until noon, as folks were scrambling to vote on scraps of paper, paper towels, etc. Had those DREs had "paper trails," they still would not have worked, and voters still would not have been able to vote on them.

References to "paperless voting machines" imply that machines with "paper trails" are somehow a solution. They are not. Only paper ballots are a solution. This is something that even Rep. Rush Holt's latest "Emergency Bill" doesn't seem to understand, incredibly enough. That bill (referenced in the CNN report above) would give money to jurisdictions to move to paper ballots, but only if they use "paperless" DREs. If they have DREs with "paper trails," however, they would not be eligible for that money under Holt's bill as written, incredibly enough.

Let's be careful what we wish for and/or report on, guys!

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By Brad Friedman on 1/24/2008 6:35am PT  

"A movement of ordinary citizens to save our democratic birthright is growing."

Once again, American treasure Robert Koehler, of Tribune Media Services, defies the corporate masters and gatekeepers, by delivering words that actually need to be read...

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By Brad Friedman on 1/24/2008 12:34am PT  

Our friend, sometimes seen in BRAD BLOG comments by the name of "Czaragorn," lost his beloved wife, born Anna Pernikarova, on January 22, MLK Day, after her 3 year fight with cancer. She was 53 years old.

"Czaragorn," an American ex-pat who now lives in the Czech Republic, quietly corrects my grammar, typos, punctuation, and wicked tendency to write "it's" instead of "its" and other such thankless tasks. He works late at night, from across the ocean, after we've moved on to other stories, and other things, like sleeping.

Many were the nights, he tells me, that Anna looked the other way, as "Czaragorn" toiled on our behalf. My prayers, best wishes, and condolences go out to him tonight. Thank you, Bob. RIP, Anna Pernikarova.

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Democratic Presidential Candidate Details 'Significant Percentage Variances,' from 4 to 10%, Discovered So Far During Hand Counts as Paid for by His Campaign
SoS Downplays Mistallies After One County Counted: No Changes 'As Far as Where the Candidates Finished'...
By Brad Friedman on 1/23/2008 8:12pm PT  

Citing "significant percentage variances in four voting districts in Hillsborough County," Congressman Dennis Kucinich (D-OH) is requesting that New Hampshire's Secretary of State, William Gardner, "order a complete and accurate recount of all ballots in the New Hamsphire Democratic Presidential Primary election," according to a letter sent this morning, as obtained by The BRAD BLOG.

The letter (posted in full at end of this article) details a number of the discrepancies revealed by the recent post-election hand count in Concord, as paid for by the Democratic Presidential candidate's campaign.

The count was suspended this morning, when "funds ran out," according to the NH SoS website, making way for a Republican hand count challenge by candidate Albert Howard to begin tomorrow, as The BRAD BLOG reported earlier today.

"The magnitude of the variances in the four voting locations raise questions about the integrity of the internal vote accounting procedures in use in Hillsborough County," wrote Kucinich. "A reconciliation of the records of votes cast to voters who signed in and received ballots should have detected these problems; why multiple locations with large over-voting discrepancies went undetected in Hillsborough remains unexplained."

Kucinich's references, detailed in the two-page letter, refer to counts in Nashua Ward 5 where there were variances discovered in the counting as high as 4.9%; in Manchester Ward 5 where tallies varied 10.6%; and in New Ipswich, which saw 7.5% differences in the hand count totals from the original count for one candidate. Those districts were all tabulated on Election Day solely by error-prone, hackable Diebold optical-scan voting systems.

As well, the hand counts revealed 100 fewer votes actually existed for Barack Obama, in the town of Wilton, than were actually recorded for him on the night of the election...

--- Click here for REST OF STORY!... ---

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By Brad Friedman on 1/23/2008 5:50pm PT  

Apparently, it's just fine to break the law, as long as the economy is seen as being bad...

Democratic leaders and aides tell The Politico that pursuing the contempt citations in conjunction with the stimulus package would "step on their message" of bipartisanship.
...
“Right now, we’re focused on working in a bipartisan fashion on [the] stimulus,” House Majority Leader Steny H. Hoyer (D-MD) told Politico...

Seriously, we must remember to speak with Hoyer and Pelosi about this terrific bridge we've got for sale. We're certain they'd be interested.

And while there seems to be confusion in the Kucinich camp concerning the Election "Recount" in NH (more soon on that, hopefully), at least there's no confusion for Kucinich when it comes to what's going on in either the White House, or among his party's "leadership," according to the New York Times:

[T]oday Mr. Kucinich took to the floor to fire off his latest salvo at the Bush administration: his plans to introduce Articles of Impeachment against President Bush on Jan. 28 — the day of Mr. Bush’s State of the Union speech.

Accusing the administration of lying about the need for the war in Iraq, Mr. Kucinich said he did not need to hear the president’s
assessment. “We know the State of the Union,” he declared. “It’s a lie.”

He also fired a volley at House Speaker Nancy Pelosi of California who has maintained that impeaching Mr. Bush is not on the table for Congressional Democrats. “If impeachment is off the table,” Mr. Kucinich said, “truth is off the table. If truth is off the table then this body is living a lie.”

Yes, a lie. Some 935 of them to be exact-ish, on just one aspect of what the Kucinich Impeachment articles will detail.

As we reported last December, Kucinich has been preparing, for some time, to file Articles of Impeachment against George W. Bush. While the Democratic "Leadership" may not like the notion, it should come as welcome news to the country's few remaining admirers of the U.S. Constitution.

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By Brad Friedman on 1/23/2008 12:43pm PT  

[Article updated at bottom. Additional information from Kucinich now here.]

On the New Hampshire Sec. of State's website this morning, the top of the Election Contest hand-count results page says:

"THE KUCINICH RECOUNT STOPPED THIS MORNING (JAN. 23, 2008) BECAUSE FUNDS RAN OUT."

We've confirmed with Kucinich campaign rep David Bright, who was in Concord this morning, that they have indeed stopped counting as of today, after only a single county, and not even fully at that. We're trying to learn more, and will reserve full comment until we do. Suffice it to say that given the many miscounts being discovered, the horrendous shape of NH's "chain of custody", the refusal of the SoS to allow for the counting/reconciliation of unvoted (blank) ballots, the Diebold memory cards which seem to be missing and/or destroyed since the election (in violation of federal law), it would be disappointing, at best, if Kucinich failed to finish what he so appropriately began.

In the meantime, the halt to the Kucinich count means that the Republican hand count, requested by candidate Albert Howard, will begin tomorrow. If his letter --- containing very thorough and appropriate Public Records Requests, submitted with his original request for a count to the Sec. of State (see his full letter at bottom of this article) --- is any indication, it would seem Howard and his team may be taking on this hand count with the seriousness that it and the voters of NH and America deserve.

Candidate Howard sent us the following missive movements ago...

--- Click here for REST OF STORY!... ---

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Opportunity for Indy Media to Ask Questions, Since U.S. MSM Won't!
By Brad Friedman on 1/22/2008 7:06pm PT  

Just in...Marc Grossman, who has been named in the Sibel Edmonds case as allegedly receiving bribes from Turkish and Israeli agents and warning the Turkish Embassy to stay away from Valerie Plame Wilson's "Brewster Jennings" front company, will be testifying tomorrow morning (Wed.) before a sub-committee of Henry Waxman's House Oversight committee.

Edmonds has just contacted us, and is urging bloggers and other willing media to show up to the hearings, with video cameras and questions for the former #3 man at the State Dept., who, she alleges, was heard on wiretaps as being complicit in a scheme to smuggle nuclear secrets to the worldwide nuclear black market. If the U.S. media won't do their job on this, as the UK's Guardian notes today, then it's up to the alternative media to do it for them. Tomorrow morning might be a great chance.

Here's the details:

On Wednesday, Jaunary 23, the Subcommittee on National Security and Foreign Affairs will hold a hearing entitled, “Fortress America Abroad: Effective Diplomacy and the Future of U.S. Embassies.”

The hearing will start at 10:00 a.m. in room 2154 of the Rayburn House Office Building. The hearing will also be webcast on this page.

More details/witness on the sub-committee page. Details and explanation for the hearing posted at Foreign Policy.

Legendary "Pentagon Papers" whistleblower Daniel Ellsberg posted a scathing guest blog on BRAD BLOG, over the weekend, regarding the Edmonds case and the U.S. mainstream media's failure to cover it. He is currently in D.C. and will hopefully be at the hearing himself tomorrow.

His op-ed followed on the heels of the new UK Sunday Times' story in which they reported confirmation of an alleged FBI cover-up, and possible destruction of documents in the case, vis-a-vis an anonymous letter (which we have, but have yet to publish in full) charging Grossman's complicity in outing Plame Wilson's front company, Brewster Jennings, when he worked at the State Dept. Plame Wilson's CIA front had reportedly been involved in monitoring the sale of nuclear weapons and secrets to black marketeers in the Middle East.

As well, former spook --- and Edmonds expert in his own right --- Phil Giraldi has just filed a piece on the latest Edmonds information, including much more on Grossman, at The American Conservative.

The latest BRAD BLOG coverage on the Edmonds case can be found here...

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And Other Recent News from the Election Contests in New Hampshire...
By Brad Friedman on 1/22/2008 3:01am PT  

Now that we're finally back at The BRAD BLOG World News Headquarters in Los Angeles (for a few days at least) and have shaken off our road buzz (for now), gotten through the latest Sibel Edmonds blockbusters (until the next shoe drops) and have overcome last Friday's maddening 24 hour Internet outage, we've got some catching up to do on New Hampshire's continuing mess of a "recount."

Luckily for us, as we've been traveling for the last few days, and pulling off other related miracles, the hand counters in Concord took a break as of last Friday for a long weekend, which includes today's Martin Luther King Day holiday. As we all know, MLK would have hated the idea of anybody actually counting votes on his holiday, so we're glad the folks from the NH SoS office decided to let the ballots sit around and cool off in the darkness for three long days in a vault somewhere (maybe). The counting, which has so far covered just a small portion of all of the ballots, will resume on Tuesday.

So...From the latest hand count numbers, to the latest media coverage, to the latest reports from Election Integrity experts on the ground --- including one amazing photo essay illustrating New Hampshire's "chain of custody" protocol for its ballots, 80% of which have never been counted or examined by a single human being (that we know of) --- let's get caught up a bit.

Fasten your seatbelts and make sure your Pinto has a full tank of gas...

--- Click here for REST OF STORY!... ---

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By Brad Friedman on 1/22/2008 12:01am PT  

While getting caught up with New Hampshire, after three days of travel and other related maladies, in preparing for a long catch-up article on the latest there (to be posted late late late tonight), I came across the following, from the latest numbers as posted last Friday night on the NH SoS website results page.

I've translated the numbers from the SoS's ridiculously impossible-to-read page, to something a bit more useful...

NASHUA, WARD 5
Diebold
Result
Hand
Tally
Discrepancy
Total
Votes
%
Error
CLINTON 1,030 959 -71 7.40
EDWARDS 405 377 -28 7.42
OBAMA 673 678 +5 0.73

Beyond the folks above, in Nashua, Ward 5, Richardson lost 3 votes (out of 72, as tallied by Diebold originally) and Biden lost 1 (out of 9). Everyone else, including Kucinich, remained exactly the same after the hand count in that one precinct.

Note: The above numbers are from Nashua, Ward 5. As opposed to Manchester, Ward 5, which we pointed out last Thursday, with some consternation, after enormous disparities were revealed by the post-election hand count in that precinct as well.

Much more later. Or, as the democracy-hating editorialists at the Eagle-Tribune wrote today: "[W]e have a partial recount of Democratic ballots underway in New Hampshire even though it is certain that the results will not change an iota....The whole idea that it will is a fallacy that is destructive to Americans' confidence in the democratic process."

UPDATE: As promised, much more now here...

CORRECTION: The original headline for this article referred to the disparities being in Nashua, Ward 4. In fact, they were in Nashua, Ward 5, as the rest of the article had properly reported. We have corrected the headline, and regret the original typo.

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By Brad Friedman on 1/21/2008 4:34pm PT  

Who says Hillary doesn't have what it takes to beat Republicans at their own game next November?

According to Steve Rosenfeld at AlterNet...

Barrack Obama's campaign is calling on the Nevada Democratic Party to investigate whether voters were wrongly turned away at the doors of numerous presidential caucus sites on Saturday. The campaign also is asking its campaign workers to report other unfair electioneering practices from the presidential vote.

In an afternoon press conference, the campaign's State Director David Cohen and Washington-based election attorney Bob Bauer said that an indeterminate number of caucus locations closed their doors at 11:30 AM --- a half hour before the noon starting time --- because manuals provided by Hillary Clinton's campaign incorrectly stated the earlier start time. Once the door to a caucus are closed, no other voters may participate, according to party rules.
...
Earlier in the day, Obama campaign manager David Plouffe sent this statement to volunteers:

“We currently have reports of over 200 separate incidents of trouble at caucus sites, including doors being closed up to thirty minutes early, registration forms running out so people were turned away, and ID being requested and checked in a non-uniform fashion. This is in addition to the Clinton campaign’s efforts to confuse voters and call into question the at-large caucus sites which clearly had an affect on turnout at these locations. These kinds of Clinton campaign tactics were part of an entire week’s worth of false, divisive, attacks designed to mislead caucus-goers and discredit the caucus itself."
...
At the Sunday afternoon press conference, the campaign said it had 300 election incident reports.

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