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"The brain is wider than the sky, For, put them side by side,
The one the other will include With ease, and you beside"
-- Emily Dickinson
"We will pursue peace as if there is no terrorism and fight terrorism as if there is no peace."
-- Yitzhak Rabin
"I have thought it my duty to exhibit things as they are, not as they ought to be."
-- Alexander Hamilton
"The stakes are too high for government to be a spectator sport."
-- Barbara Jordan
"Under democracy, one party always devotes its chief energies to
trying to prove that the other party is unfit to rule --
and both commonly succeed, and are right."
-- H. L. Mencken
"Necessity is the plea for every infringement of human freedom.
It is the argument of tyrants; it is the creed of slaves."
-- William Pitt
"The only completely consistent people are the dead."
-- Aldous Huxley
"I have had my solutions for a long time; but I do not yet know how I am to arrive at them."
-- Karl F. Gauss
"Whatever evils either reason or declamation have imputed to extensive empire,
the power of Rome was attended with some beneficial consequences to mankind;
and the same freedom of intercourse which extended the vices, diffused likewise
the improvements of social life."
-- Edward Gibbon
"Augustus was sensible that mankind is governed by names; nor was he deceived in his
expectation, that the senate and people would submit to slavery, provided they were
respectfully assured that they still enjoyed their ancient freedom."
-- Edward Gibbon
"There exists in human nature a strong propensity to depreciate the advantages, and to magnify
the evils, of the present times."
-- Edward Gibbon
"Our youth now loves luxuries. They have bad manners, contempt for authority.
They show disrespect for elders and they
love to chatter instead of exercise.
Children are now tyrants, not the servants, of their households. They
no longer rise when elders enter the room. They contradict their parents,
chatter before company, gobble up their food, and tyrannize
their teachers."
-- Socrates
"Before impugning an opponent's motives, even when they legitimately may be impugned, answer his arguments."
-- Sidney Hook
"Idealism, alas, does not protect one from ignorance, dogmatism, and foolishness."
-- Sidney Hook
"Let me never fall into the vulgar mistake of dreaming that I am persecuted whenever I am contradicted."
-- Ralph Waldo Emerson
"We take, and must continue to take, morally hazardous actions to preserve our civilization.
We must exercise our power. But we ought neither to believe that a nation is capable of perfect
disinterestedness in its exercise, nor become complacent about particular degrees of interest
and passion which corrupt the justice by which the exercise of power is legitimized."
-- Reinhold Niebuhr
"Faced with the choice of all the land without a Jewish state or a Jewish state without all the
land, we chose a Jewish state without all the land."
-- David Ben-Gurion
"...the proscribing any citizen as unworthy the public confidence by laying upon him
an incapacity of being called to offices of trust and emolument, unless he profess or renounce this
or that religious opinion, is depriving him injuriously of those privileges and advantages
to which, in common with his fellow citizens, he has a natural right; that it tends also
to corrupt the principles of that very religion it is meant to encourage, by bribing,
with a monopoly of worldly honours and emoluments, those who will externally profess
and conform to it; that though indeed these are criminals who do not withstand such
temptation, yet neither are those innocent who lay the bait in their way; that the
opinions of men are not the object of civil government, nor under its jurisdiction;
that to suffer the civil magistrate to intrude his powers into the field of opinion
and to restrain the profession or propagation of principles on supposition of their
ill tendency is a dangerous fallacy, which at once destroys all religious liberty,
because he being of course judge of that tendency will make his opinions the rule of
judgment, and approve or condemn the sentiments of others only as they shall square
with or differ from his own; that it is time enough for the rightful purposes of civil
government for its officers to interfere when principles break out into overt acts
against peace and good order; and finally, that truth is great and will prevail if
left to herself; that she is the proper and sufficient antagonist to error, and has
nothing to fear from the conflict unless by human interposition disarmed of her
natural weapons, free argument and debate; errors ceasing to be dangerous when it is
permitted freely to contradict them.
-- Virginia Statute for Religious Freedom, Thomas Jefferson
"We don't live just by ideas. Ideas are part of the mixture of customs and practices,
intuitions and instincts that make human life a conscious activity susceptible to
improvement or debasement. A radical idea may be healthy as a provocation;
a temperate idea may be stultifying. It depends on the circumstances. One of the most
tiresome arguments against ideas is that their 'tendency' is to some dire condition --
to totalitarianism, or to moral relativism, or to a war of all against all."
-- Louis Menand
"The darkest places in hell are reserved for those who maintain their neutrality in times of moral crisis."
-- Dante Alighieri
"He too serves a certain purpose who only stands and cheers."
-- Henry B. Adams
"The law, in its majestic equality, forbids the rich as well as the
poor to beg in the streets, steal bread, or sleep under a bridge."
-- Anatole France
"When bad men combine, the good must associate; else they will fall one by one, an unpitied sacrifice in a contemptible struggle."
-- Edmund Burke
"Education does not mean that we have become certified experts in business or mining or botany or journalism or epistemology;
it means that through the absorption of the moral, intellectual, and esthetic inheritance of the race we have come to
understand and control ourselves as well as the external world; that we have chosen the best as our associates both in spirit
and the flesh; that we have learned to add courtesy to culture, wisdom to knowledge, and forgiveness to understanding."
-- Will Durant
"Glimpses do ye seem to see of that mortally intolerable truth; that all deep, earnest thinking is
but the intrepid effort of the soul to keep the open independence of her sea; while the wildest
winds of heaven and earth conspire to cast her on the treacherous, slavish shore?"
-- Herman Melville
"The most important political office is that of the private citizen."
-- Louis D. Brandeis
"If we desire respect for the law, we must first make the law respectable."
-- Louis D. Brandeis
"We can have democracy in this country, or we can have great wealth concentrated in the hands of a few, but we can't have both."
-- Louis D. Brandeis
"It is an error to suppose that books have no influence; it is a slow influence, like flowing water carving out a canyon,
but it tells more and more with every year; and no one can pass an hour a day in the society of sages and heroes without
being lifted up a notch or two by the company he has kept."
-- Will Durant
"When you write, you’re trying to transpose what you’re thinking into something that is less like an annoying drone and more like a piece of music."
-- Louis Menand
"Sex is a continuum."
-- Gore Vidal
"I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should
make no law respecting an establishment of religion, or prohibit the free exercise thereof, thus building a wall of separation between church and state."
-- Thomas Jefferson, letter to the Baptists of Danbury, Connecticut, 1802.
"The sum of our religion is peace and unanimity, but these can scarcely stand unless we define as little as possible,
and in many things leave one free to follow his own judgment, because there is great obscurity in many matters, and
man suffers from this almost congenital disease that he will not give in when once a controversy is started, and
after he is heated he regards as absolutely true that which he began to sponsor quite casually...."
-- Desiderius Erasmus
"Are we to have a censor whose imprimatur shall say what books may be sold, and what we may buy? And who is thus to dogmatize religious opinions for our citizens? Whose foot is to be the measure to which ours are all to be cut or stretched? Is a priest to be our inquisitor, or shall a layman, simple as ourselves, set up his reason as the rule of what we are to read, and what we must disbelieve?"
-- Thomas Jefferson, in a letter to N. G. Dufief, Philadelphia bookseller, 1814
"We are told that it is only people's objective actions that matter, and their subjective feelings are of no importance. Thus pacifists, by obstructing the war effort,
are 'objectively' aiding the Nazis; and therefore the fact that they may be personally hostile to Fascism is irrelevant. I have been guilty of saying this myself more than once. The same argument is applied to Trotskyism. Trotskyists are often credited, at any rate by Communists, with being active and conscious agents of Hitler; but when you point out the many and obvious reasons why this is unlikely to be true,
the 'objectively' line of talk is brought forward again. To criticize the Soviet Union helps Hitler: therefore 'Trotskyism is Fascism'. And when this has been established, the accusation of conscious treachery is usually repeated.
This is not only dishonest; it also carries a severe penalty with it. If you disregard people's motives, it becomes much harder to foresee their actions."
-- George Orwell, "As I Please," Tribune, 8 December 1944
"Wouldn't this be a great world if insecurity and desperation made us more attractive? If 'needy' were a turn-on?"
-- "Aaron Altman," Broadcast News
"The great thing about human language is that it prevents us from sticking to the matter at hand."
-- Lewis Thomas
"To be ignorant of what happened before you were born is to be ever a child. For what is man's lifetime unless the memory of past events is woven with those of earlier times?"
-- Cicero
"Knowledge is of two kinds. We know a subject ourselves, or we know where we can find information upon it."
-- Samuel Johnson, Life Of Johnson
"Very well, what did my critics say in attacking my character? I must read out their affidavit, so to speak, as though they were my legal accusers: Socrates is guilty of criminal meddling, in that he inquires into things below the earth and in the sky, and makes the weaker argument defeat the stronger, and teaches others to follow his example."
-- Socrates, via Plato, The Republic
"Every gun that is made, every warship launched, every rocket fired, represents, in the final analysis, a theft from those who hunger and are not fed, who are cold and are not clothed. This world in arms is not spending money alone. It is spending the sweat of its laborers, the genius of its scientists, the hopes of its children."
-- Dwight D. Eisenhower
"Reputation is what other people know about you. Honor is what you know about yourself."
-- Lois McMaster Bujold, A Civil Campaign
"Remember, Robin: evil is a pretty bad thing."
-- Batman
"Being evil is not a full-time job."
-- James Lileks
Gary Farber is now a licensed Double Super-Secret Master Pundit.
He does not always refer to himself in the third person.
Did he mention he was presently single?
The lutefisk is dead. Donate via the donation button on the top left
or I'll shoot this gefilte fish.
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And you may find yourself living in a shotgun shack
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Farber's First Fundamental of Blogging:
If your idea of making an insightful point is to make fun of people's
names, or refer to them by rilly clever labels such as "The Big Me" or "The Shrub,"
chances are high that I'm not reading your blog. The same applies if you refer
to a group of people by disparaging terms such as "the Donks" or "the pals." (Note: I have to say I don't give that much of a damn any more.)
Farber's Second Fundamental of Blogging:
The more interested you are in scoring a "point" for a political "team," a "side," than in exploring the validity or value of an idea, the less interested I am in what you're saying.
(Note: Partially suspended for the Duration. Later note: forget I ever said this.)
Farber's Third Fundamental of Blogging:
If you see a link on another blog, and use it, credit the blog.
Some places I go:
[weblogs, sites, and columns]
People I've known and still miss include Isaac Asimov, rich brown, Charles Burbee, F. M. "Buzz" Busby, Terry Carr, A. Vincent Clarke, George Alec Effinger, Abi Frost,
Bill & Sherry Fesselmeyer, George Flynn, John Milo "Mike" Ford. John Foyster, Jay Haldeman, Chuch Harris, Mike Hinge, Lee Hoffman, Terry Hughes, Damon Knight, Ross Pavlac, Bruce Pelz, Elmer Perdue, Tom Perry,
Larry Propp, Bill Rotsler, Art Saha, Bob Shaw, Martin Smith, Harry Stubbs, Bob Tucker, Harry Warner, Jr., Jack Williamson, Walter A. Willis, Susan Wood, Kate Worley, and Roger Zelazny.
It's just a start.
And She of whom I must write someday.
You Like Me, You Really Like Me
...Darn: I saw that Gary had commented on this thread, and thought: oh. my. god. Perfect storm. Unstoppable cannonball, immovable object.
-- Hilzoy
Guessing that Gary is ignorant of anything that has ever been written down is, in my experience, unwise.
Just saying.
-- Hilzoy
Where would the blogosphere be without the Guardian? Guardian fish-barreling is now a venerable tradition. Yet even within this tradition, I don't believe there has ever been a more extensive and thorough essay than this one, from Gary Farber's fine blog. Gary appears to have examined every single thing that Guardian/Observer columnist Mary Ridell has ever written. He ties it all together, reaches inevitable conclusion. An archive can be a weapon.
-- Dr. Frank
Isn't Gary a cracking blogger, apropos of nothing in particular?
-- Alison Scott
I usually read you and Patrick several times a day, and I always get something from them. You've got great links, intellectually honest commentary, and a sense of humor. What's not to like?
-- Ted Barlow
...writer[s] I find myself checking out repeatedly when I'm in the mood to play follow-the-links. They're not all people I agree with all the time, or even most of the time, but I've found them all to be thoughtful writers, and that's the important thing, or should be.
-- Tom Tomorrow
Amygdala - So much stuff it reminds Unqualified Offerings that UO sometimes thinks of Gary Farber as "the liberal Instapundit." -- Jim Henley
I look at it almost every day. I can't follow all the links, but I read most of your pieces. The blog format really seems to suit you. It also suits me; I am not a news junkie, so having smart people like you ferret out the interesting stuff and leave it where I can find it is wonderful.
-- Lydia Nickerson
Gary is certainly a non-idiotarian 'liberal'...
-- Perry deHaviland
...the thoughtful and highly intelligent Gary Farber... My first reaction was that I definitely need to appease Gary Farber of Amygdala, one of the geniuses of our age.
-- Brad deLong
My friend Gary Farber at Amygdala is the sort of liberal for whom I happily give three cheers. [...] Damned incisive blogging....
-- Midwest Conservative Journal
If I ever start a paper, Clueless writes the foreign affairs column, Layne handles the city beat, Welch has the roving-reporter job, Tom Tomorrow runs the comic section (which carries Treacher, of course). MediaMinded runs the slots - that's the type of editor I want as the last line of defense. InstantMan runs the edit page - and you can forget about your Ivins and Wills and Friedmans and Teepens on the edit page - it's all Blair, VodkaP, C. Johnson, Aspara, Farber, Galt, and a dozen other worthies, with Justin 'I am smoking in such a provocative fashion' Raimondo tossed in for balance and comic relief.
Who wouldn't buy that paper? Who wouldn't want to read it? Who wouldn't climb over their mother to be in it?
-- James Lileks
Gary is a perceptive, intelligent, nice guy. Some of the stuff he comes up with is insightful, witty, and stimulating. And sometimes he manages to make me groan.
-- Charlie Stross
One of my issues with many poli-blogs is the dickhead tone so many bloggers affect to express their sense of righteous indignation. Gary Farber's thoughtful leftie takes on the world stand in sharp contrast with the usual rhetorical bullying. Plus, he likes "Pogo," which clearly attests to his unassaultable good taste.
-- oakhaus.com
Gary Farber is a principled liberal....
-- Bill Quick, The Daily Pundit
I read Amygdala...with regularity, as do all sensible websurfers.
-- Jim Henley, Unqualified Offerings
Okay, he is annoying, but he still posts a lot of good stuff.
-- Avedon Carol, The Sideshow
The only trouble with reading Amygdala is that it makes me feel like such a slacker. That Man Farber's a linking, posting, commenting machine, I tell you!
-- John Robinson, Sore Eyes
Jaysus. I saw him do something like this before, on a thread about Israel. It was pretty brutal. It's like watching one of those old WWF wrestlers grab an opponent's
face and grind away until the guy starts crying. I mean that in a nice & admiring way, you know.
-- Fontana Labs, Unfogged
We read you Gary Farber! We read you all the time! Its just that we are lazy with our blogroll. We are so very very lazy. We are always the last ones to the party but we always have snazzy bow ties.
-- Fafnir, Fafblog!
Gary Farber you are a genius of mad scientist proportions. I will bet there are like huge brains growin in jars all over your house.
-- Fafnir, Fafblog!
Gary Farber is the hardest working man in show blog business. He's like a young Gene Hackman blogging with his hair on fire, or something.
-- Belle Waring, John & Belle Have A Blog
I bow before the shrillitudinousness of Gary Farber, who has been blogging like a fiend.
-- Ted Barlow, Crooked Timber
Gary Farber only has two blogging modes: not at all, and 20 billion interesting posts a day [...] someone on the interweb whose opinions I can trust....
-- Belle Waring, John & Belle Have A Blog
Gary Farber! Jeez, the guy is practically a blogging legend, and I'm always surprised at the breadth of what he writes about.
-- PZ Meyers, Pharyngula
Gary Farber takes me to task, in a way befitting the gentleman he is.
-- Stephen Green, Vodkapundit
I do appreciate your role and the role of Amygdala as a pioneering effort in the integration of fanwriters with social conscience into the larger blogosphere of social conscience.
-- Lenny Bailes
ANOTHER MAJOR CLUE AS TO WHY NO FISA WARRANTS were sought. Because the chief judge of the FISA Court blew her stack at the idea of using information from warrantless eavesdropping and data-mining to attempt to get a legal warrant. [ADDENDUM: I should have written "for eavesdropping via 'The Program' after 'no FISA warrants.'" END ADDENDUM]
That is, both successive chief judges of the Foreign Intelligence Surveillance Court blew.
Twice in the past four years, a top Justice Department lawyer warned the presiding judge of a secret surveillance court that information overheard in President Bush's eavesdropping program may have been improperly used to obtain wiretap warrants in the court, according to two sources with knowledge of those events.
The revelations infuriated U.S. District Judge Colleen Kollar-Kotelly -- who, like her predecessor, Royce C. Lamberth, had expressed serious doubts about whether the warrantless monitoring of phone calls and e-mails ordered by Bush was legal. Both judges had insisted that no information obtained this way be used to gain warrants from their court, according to government sources, and both had been assured by administration officials it would never happen.
The two heads of the Foreign Intelligence Surveillance Court were the only judges in the country briefed by the administration on Bush's program. The president's secret order, issued sometime after the Sept. 11, 2001, attacks, allows the National Security Agency to monitor telephone calls and e-mails between people in the United States and contacts overseas.
James A. Baker, the counsel for intelligence policy in the Justice Department's Office of Intelligence Policy and Review, discovered in 2004 that the government's failure to share information about its spying program had rendered useless a federal screening system that the judges had insisted upon to shield the court from tainted information. He alerted Kollar-Kotelly, who complained to Justice, prompting a temporary suspension of the NSA spying program, the sources said.
Yet another problem in a 2005 warrant application prompted Kollar-Kotelly to issue a stern order to government lawyers to create a better firewall or face more difficulty obtaining warrants.
The two judges' discomfort with the NSA spying program was previously known. But this new account reveals the depth of their doubts about its legality and their behind-the-scenes efforts to protect the court from what they considered potentially tainted evidence. The new accounts also show the degree to which Baker, a top intelligence expert at Justice, shared their reservations and aided the judges.
Both judges expressed concern to senior officials that the president's program, if ever made public and challenged in court, ran a significant risk of being declared unconstitutional, according to sources familiar with their actions. Yet the judges believed they did not have the authority to rule on the president's power to order the eavesdropping, government sources said, and focused instead on protecting the integrity of the FISA process.
[...]
Both presiding judges agreed not to disclose the secret program to the 10 other FISA judges, who routinely handled some of the government's most highly classified secrets.
So early in 2002, the wary court and government lawyers developed a compromise. Any case in which the government listened to someone's calls without a warrant, and later developed information to seek a FISA warrant for that same suspect, was to be carefully "tagged" as having involved some NSA information. Generally, there were fewer than 10 cases each year, the sources said.
According to government officials familiar with the program, the presiding FISA judges insisted that information obtained through NSA surveillance not form the basis for obtaining a warrant and that, instead, independently gathered information provide the justification for FISA monitoring in such cases. They also insisted that these cases be presented only to the presiding judge.
Lamberth and Kollar-Kotelly derived significant comfort from the trust they had in Baker, the government's liaison to the FISA court. He was a stickler-for-rules career lawyer steeped in foreign intelligence law, and had served as deputy director of the office before becoming the chief in 2001.
Baker also had privately expressed hesitation to his bosses about whether the domestic spying program conflicted with the FISA law, a government official said. Justice higher-ups viewed him as suspect, but they also recognized that he had the judges' confidence and kept him in the pivotal position of obtaining warrants to spy on possible terrorists.
In 2004, Baker warned Kollar-Kotelly he had a problem with the tagging system. He had concluded that the NSA was not providing him with a complete and updated list of the people it had monitored, so Justice could not definitively know -- and could not alert the court -- if it was seeking FISA warrants for people already spied on, government officials said.
Kollar-Kotelly complained to then-Attorney General John D. Ashcroft, and her concerns led to a temporary suspension of the program.
I have this, to say about that: aha! A-HA! Aha!-aha!-aha!-aha!-aha!-aha!-A-HA!-A-HA-! A-HA! A-fucking-ha!!!
Well. That explains the rush trip to Ashcroft in the hospital, and his still refusing to okay the continuation of The Program. (See here, from January 1st, and here.)
Onward:
The judge required that high-level Justice officials certify the information was complete -- or face possible perjury charges.
In 2005, Baker learned that at least one government application for a FISA warrant probably contained NSA information that was not made clear to the judges, the government officials said. Some administration officials explained to Kollar-Kotelly that a low-level Defense Department employee unfamiliar with court disclosure procedures had made a mistake.
Kollar-Kotelly asked Defense Secretary Donald H. Rumsfeld to ensure that wouldn't happen again, government officials said.
[...]
Shortly after the warrantless eavesdropping program began, then-NSA Director Michael V. Hayden and Ashcroft made clear in private meetings that the president wanted to detect possible terrorist activity before another attack. They also made clear that, in such a broad hunt for suspicious patterns and activities, the government could never meet the FISA court's probable-cause requirement, government officials said.
So it confused the FISA court judges when, in their recent public defense of the program, Hayden and Attorney General Alberto R. Gonzales insisted that NSA analysts do not listen to calls unless they have a reasonable belief that someone with a known link to terrorism is on one end of the call. At a hearing Monday, Gonzales told the Senate Judiciary Committee that the "reasonable belief" standard is merely the "probable cause" standard by another name.
Several FISA judges said they also remain puzzled by Bush's assertion that the court was not "agile" or "nimble" enough to help catch terrorists. The court had routinely approved emergency wiretaps 72 hours after they had begun, as FISA allows, and the court's actions in the days after the Sept. 11 attacks suggested that its judges were hardly unsympathetic to the needs of their nation at war.
If I might translate: "puzzled" here means "what the fuck?"
Onward:
Mueller and Justice officials went to Lamberth, who agreed that day to expedited procedures to issue FISA warrants for eavesdropping, a government official said.
Remember, that's Federal Judge Royce C. Lamberth, head of the Foreign Intelligence Surveillance Court in 2001.
The requirement for detailed paperwork was greatly eased, allowing the NSA to begin eavesdropping the next day on anyone suspected of a link to al Qaeda, every person who had ever been a member or supporter of militant Islamic groups, and everyone ever linked to a terrorist watch list in the United States or abroad, the official said.
This was the arduous procedure that Attorney-General Gonzales, and other administration spokespeople, including the President of the United States, describe as too antediluvian to follow.
And, of course, given the massive sweep of Americans covered, and the lack of probable cause, as mandated by that antediluvian "Fourth Amendment," so it was. That "subtly softer trigger" for eavesdropping, based on a powerful "line of logic," started with "basic information about hundreds of thousands of faxes, e-mails and telephone calls into and out of the United States" and proceeded to a currently estimated "about 5,000" Americans having their conversations directly listened to by human beings, or having their e-mails read. (See, again, here.)
Perhaps "about 5,000" Americans are as President Bush has described them: "terrorists" and "if you're talking to a member of al Qaeda, we want to know why."
If so, I assume they've all been rounded up and safely locked away somewhere.
If so, I'm sure we shouldn't ask any questions, because that would be giving aid and comfort to the enemy.
Only a terrorist-loving terrorsymp liberal would want to do that.
So I have no questions. Nope. Not me. I'm a loyal American.
Read The Rest Scale: 5 out of 5.
ADDENDUM, 12:27 p.m.: Here is the Washington Post version of the FI Court story, by Carol D. Leonnig. I don't see anything not in the NY Times version. Also, National Journal-leaning William Beutler links and quotes this post.
ADDENDUM: 12:43 p.m.: Via NJ's Hotline blog, this gem, slightly out of context, but not really, from Mickey Kaus -- hey, he or Slate chose to bold these words and only these words, from the relevant bit (click the link for full context):
...that shows how wildly obsolete the Constitution's "probable cause" requirement is....
I'm glad we've cleared up Mickey Kaus's position on that obsolete 'ol "Bill Of Rights." We should get started on a new Amendment to get rid of those annoying Fourth Amendment restrictions right away.
We have to protect America.
While we're at it, best to also deal with the problematic First, as well, don't you think, Mickey? We can't let the traitorous MSM, or anyone else, lead our proud nation into doubting its leaders, and undermining the war effort, surely. Who would disagree, given this uniquely existential terrorist threat to the country?
2/09/2006 02:27:00 AM |permanent link| | Main Page |
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