At what point of what we watch as the MCU movies the branching started? Deaths occurring during the commission of . Update: A "shocking" new case I just read has a Maryland County Judge pleading guilty to misdemeanor federal "deprivation of rights under color of law" for ordering a defendant to be electrically shocked in court for refusing orders to not speak. However, the Court reached this decision by finding that the judge was not 'performing a judicial act' in selecting the jury: [I]t was assumed that Judge Cole, in selecting the jury as he did, was performing a judicial act. *RB3Frfoas` IVO chR]< MwQ$ {2\B,C=*h29pSaa}7kuCJ17C?k,r` K :>5Pr)/z6]U Is it ethical to cite a paper without fully understanding the math/methods, if the math is not relevant to why I am citing it? A judge who breaks the law does not act within their job function or job parameters on a fundamental level. Indictment and/or conviction of a crime that is a felony does not constitutionally disqualify one from being a Member of Congress (nor from being a candidate for a future Congress), unless a Member's conviction is for certain treasonous conduct committed after taking an oath of office to If the official subsequently is convicted in a Senate impeachment trial, he is removed from office. Discussing the civil lawsuit to Hans Reiser's murder conviction, Wikipedia states: "Judges are immune to lawsuits regarding their official conduct.". A defendant's false statements in the course of a federal criminal investigation or prosecution may also result in an enhanced sentence under the U.S. / CBS News. Any case results presented on the site are based upon the facts of a particular case and do not represent a promise or guarantee. The objection that a legal crime was a necessary precondition to impeachment was explicitly made a year later in the impeachment trial of Judge Samuel Chase. Whether the act done by him was judicial or not is to be determined by its character, and not by the character of the agent. Immunity applies unless when an action committed is understood to violate constitution that any average person would know. On May 16, 1868, the U.S. Senate votes against impeaching President Andrew Johnson and acquits him of committing "high crimes and misdemeanors.". Given that, many international students are tempted to plead guilty to a lesser crime in order to be able to resume travel. It is possible for a felon to serve in the U.S. Congress but the House and Senate can vote to expel any member that colleagues deem unfit or unqualified to serve. None of the cases examined in the OLC . "As the number of federal statutes criminalizing conduct that could also be considered treasonous increased, it became less likely that a federal prosecutor would bring a charge of treason given the array of options now available," it said. Amnesia refers generally to memory loss that can be caused by a variety of factors, such as physical or mental trauma, medical conditions, or medications. hb```f``a`a`` @1 ?mS cqlR@_ =qMDr `aR09Xni 41 e{C A recent notorious examples was the 2008 "kids for cash" scandal in which two Pennsylvania judges were convicted of numerous crimes for sentencing juveniles to for-profit detention facilities that gave them kick-backs. xu=o0w~tMHR !Q$~SGTeIa^IlzQHVIC4 Why does Jesus turn to the Father to forgive in Luke 23:34? What kind of crime would be related to their speech or debate? rev2023.3.1.43269. Know the Stakes for a Plea. Expelled after he was convicted on ten counts including, 1934: The Committee on Privileges and Elections, jointly considering the case of Senators, This page was last edited on 5 January 2023, at 05:15. The main charge against him was that he was a man of loose morals and intemperate habits, who on at least one occasion was drunk on the bench. What happens to the person censured? If all that was needed to justify impeaching a president was an abuse of power, President Trump gave the House numerous reasons to impeach him. Was Galileo expecting to see so many stars? 1. If you willfully prevent someone from filing a mandatory report, you can be punished by a maximum $5,000 fine, a one-year jail sentence, or both. If Hamiltons language is not enough to make the case that impeachment does not require that a legal crime be charged, other early evidence makes this clear. The committee may then ask other Representatives or Senators to come forward with complaints about the Member under consideration or may initiate an investigation into the Member's actions. Acceleration without force in rotational motion? The purpose of the first privilege from arrest is to prevent petty claims of criminal violations (e.g. However, the term "lawsuit" doesn't refer to criminal charges. Suppose that on his first day in office the president, acting in his capacity as Commander-in-Chief, ordered the military to employ only Methodists as chaplains and to discharge any chaplains who were not Methodists. But he may be held criminally responsible when he acts fraudulently or corruptly. Violent Crime Study with Quizlet and memorize flashcards containing terms like Burglars appear to choose targets on the basis of their value, novelty, and resale potential., The major premise of incapacitation is that known criminals must be kept in prison and this will reduce crime rates., People who believe that they will be caught if they commit crime are the ones most likely to be deterred from . Acting under the color of the law means that the official has jurisdictional authority and is acting in their official capacity to rule on. 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By clicking Accept all cookies, you agree Stack Exchange can store cookies on your device and disclose information in accordance with our Cookie Policy. A Project of The Annenberg Public Policy Center, Congressional Candidacy, Incarceration, and the Constitutions Inhabitancy Qualification, Effect of Felony Conviction on Voter Registration. Some dont want to get involved for fear of becoming a victim themselves. Meanwhile, treason also ties into an impeachment inquiry, since it's one of only two specific crimes for which a president can be impeached. We will get through this together. The other two cases were decided on the same basis. When judicial immunity has been raised, courts have generally found that these judges' criminal offences were not 'judicial acts' and therefore not subject to immunity. Dershowitz also seeks to bolster his position by arguing that we can never be sure of the reasons a president acted as he did, and that, a subjective probing of motives cannot be the legal basis for a serious accusation of abuse of power. Is Part 3 essentially saying that a Senator or Representative may not be arrested except for treason, felony, or breach of the peace anywhere, or is it for a specific place? This answer misstates the law of judicial immunity and advances frivolous and patently inaccurate legal arguments. A federal judge dismissed Stevens conviction April 7, 2009, citing prosecutorial misconduct. 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Following the indictment of federal judges Otto Kerner Jr., Alcee Hastings and Harry E. Claiborne, some commentators have suggested that the Constitution may require that federal judges are immune from all criminal liability unless and until they are impeached in the Senate, on separation of powers grounds. And you still appear to have no clue what "color of law" means. Nor can this exemption of the judges from civil liability be affected by the motives with which their judicial acts are performed. Lillian Medina, a middle school girl at Barbers Hill, committed herself after being tormented by her friends. For example, the financial crisis caused public and political sentiment to turn strongly against companies perceived as having caused the problem, such as banks and insurance companies. Why are state senators not elected by county? How and to what extent does the US constitution force state legislatures to be democratic? And even if Stevens does end up winning the election in Alaska, he faces a probable expulsion vote in the Senate. Schafer and Donato have high hopes that will happen. Finally, there is a nuance to Dershowitzs argument that I have not yet acknowledged. This is one reason why jury trials have witnesses and impeachment trials may need them. This doctrine has been roundly criticized and narrowed by commentators and legislators, yet it still exists in some form or other in nearly all states. ", This is wrong. Aiding and Abetting a Crime (Penal Code section 31) In California, you can be charged with the crime that was committed if you aided or abetted in its commission, but did not actually commit the crime yourself. In the entire history of the United States Congress, 20 Members have been expelled: 15 from the Senate and five from the House of Representatives. ", The Constitution says that a person convicted of treason should "suffer death," or be imprisoned for at least five years and fined at least $10,000, in addition to being banned from holding office. Dershowitz also finds support for his position in the Framers decision not to include maladministration as a reason for impeachment and in arguments that former Supreme Court Justice Benjamin Curtis made in his defense of Andrew Johnson. How to increase the number of CPUs in my computer? In addition to Blackstone and Curtis, Dershowitz finds support for his position in the Constitutions drafters decision to reject maladministration, as a ground for impeachment. The speech and debate privilege is for purposes similar to freedom of speech and academic freedom/tenure - it allows legislators to speak freely. Military jurisdiction over regular component retirees for crimes they commit after retirement has been affirmed in many other cases, such as when Retired Chief Petty Officer Andrew L. Gagnon was convicted of conspiracy to wrongfully dispose of government property while a civilian employee. John Fetterman (D-PA) was hospitalized earlier this week after feeling "lightheaded," reviving concerns about the Pennsylvania Democrat's health just one . If the victim of a crime committed on the ISS was a citizen of a different partner nation, and if the US did not provide assurance it would prosecute the perpetrator, that other nation's . The question is rhetorical, for the answer seems obvious. We can help you avoid fines and/or imprisonment by conducting a thorough investigation of the facts. A government agency receiving a report from a mandatory reporter may not divulge the source of a confidentially submitted report of suspected or actual child abuse or neglect to a reporters employer without the reporters prior consent. He would not be fully acquitted of all charges . If expulsion is the recommendation then the subcommittee's report will be referred to the full House of Representatives or Senate where Members may vote to accept, reject, or alter the report's recommendation. This definition frames treason as a crime committed during war, making it distinct from seemingly similar charges such as conspiracy and espionage. Senate Publications Related to the Impeachment of Donald John Trump in the 116th Congress S. Doc . If a federal official commits a crime or otherwise acts improperly, the House of Representatives may impeachformally chargethat official. In such cases, it surely is not a judicial act, in any such sense as is contended for here. NAmqo3%gC6tW%v*a>s1UGWEo!"BKGA:Rupqc'~,8_?GnK5J4J)^\jZ:k@`G?*%02C0(O5*3*."vS?H It only takes a minute to sign up. And, to highlight the point you made re the use of terminology that needs to be more carefully expressed since the nomenclature is specifically defined. Administrators of youth centers and activities; Medical care professionals (doctors, nurses, emergency medical technicians, etc. In 2006, a man named Adam Gadahn was indicted for treason for making propaganda videos for al-Qaeda. In Ex Parte Virginia, the Supreme Court found that a county court judge was not entitled to judicial immunity in respect of an indictment which accused him of excluding African-Americans from a jury on racial grounds. At common law, judicial immunity does prevent judges from being charged with crimes committed while acting as a judge, as well as protecting them from civil lawsuits. To the extent that the Andrew Johnson trial has precedential value on the meaning of the clause, that precedent lies in what it tells about what a group of senators, only few generations removed from the Framers, thought the clause meant. 84 0 obj <>/Filter/FlateDecode/ID[]/Index[70 29]/Info 69 0 R/Length 87/Prev 252491/Root 71 0 R/Size 99/Type/XRef/W[1 3 1]>>stream Are Canadian provinces and territories administrative divisions, and what is an "adminstrative division"? [Part 4] and for any speech or debate in either House, they shall not be questioned in any other place. A person's memory, though, isn't the same as the mental state required to commit a crime. htn0EY@py ]4E(Gj,FCRV pC250Dco584l{v;|+A*nI^W^ 'Rain storm happens, and our trip turns into an eight, nine hour trip home. "Here's the moral to the story: Don't do bad things with guns and bad things won't happen to you," said the senator, a decorated military veteran who competes in shooting competitions. The inability to remember committing a crime doesn't necessarily mean the defendant didn't intend to . There is always the possibility that you risk harm to yourself or a third party if you divulge information about a crime you suspect has already been committed, or know of before it happens. The qualifications for state-level office are determined by state law. See Hamilton W, 'Indictment of Federal Judges: Chilling Judicial Independence' (1983) 35 University of Florida Law Review 296 and Gold SW, 'Temporary Criminal Immunity for Federal Judges: A Constitutional Requirement' (1987) 53 Brooklyn Law Review 699. The Constitution requires that members of the House and Senate fulfill three requirements: CRS: [S]ince a State does not have the authority to add qualifications for federal offices, the fact of conviction, even for a felony offense, could not be used to keep a candidate off of the ballot under State law either as a direct disqualification of convicted felons from holding or being a candidate for office, or as a disqualification of one who is no longer a qualified elector in the State. And technically, absent their expulsion from Congress, a member can serve while in jail and run for re-election, unless they are convicted of treason. Judicial title does not render its holder immune to crime even when committed behind the shield of judicial office. hb```l>+a1 $*]3X"Y,fl`Pqjxe ro=G 'H1vh``^>sfuxxpNG^X*n>jL/JTw^9aR>(M>Q`-kU"wz\8$#?GGXCCFG @\F (A"&#d * 2u4"@`y A crime of moral turpitude would include "fraud, larceny, and intent to harm persons or things. Censure has been a much more common form of disciplinary action in Congress over the years, as it requires a much lower threshold of votes to impose. According to Gabrynowicz, if the alleged crime had been committed in outer space or on a celestial body, a number of international treaties and international criminal laws would be used to . However, when that crime crosses state lines, it becomes a multi-state matter. In California, you can be charged with the crime that was committed if you aided or abetted in its commission, but did not actually commit the crime yourself. His mistake is to equate maladministration, with abuse of power, which can be grounds for impeachment. If a Congressman commits any crime, he may eventually be arrested. It is true that judges in the US have absolute immunity from any lawsuit for damages arising from their performance of judicial functions. There are numerous ways in which a person can serve as accomplice in the commission of a criminal offense. ZX=CRu9\_9 AjjA}" i RPh#90iHd(BZ:Xd,6q! H$OH8ILd Yesterday, reporters revealed the Department of Justice had discontinued the investigations into coronavirus-related trading by Senators Kelly Loeffler, James Inhofe, and Dianne . "Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. Consequences of Federal Healthcare Fraud (U.S. Code 18 Section 1347). The Constitution says the grounds for impeachment are "Treason, Bribery, or other high Crimes and Misdemeanors. their attendance at the session of their respective Houses. Penal Code section 31 describes the phrase aiding and abetting as meaning that you assisted another person to commit a crime. a`3 [M1 Rather, a reasonable suspicion from other sources that child abuse or neglect has occurred is enough to trigger this responsibility. | Explained by California Attorney Haitham AminSource: https://www.uscis.gov/archive/frequently-asked-quest. Learn more about Stack Overflow the company, and our products. Sedition, criminal libel, disclosure of classified information, etc. +Pn(r(AB)B09Lp#BUpF"G((atkJdA`CVC5j09B:P arBgp2LFN)h@Ni4a:3`r& What Now? There is also evidence closer in time to the drafting of the Constitution which indicates that behavior supporting articles of impeachmenti.e., high crimes and misdemeanorsneed not be crimes. If you witness a crime, are you obligated to report it to the police? The last treason conviction in the U.S. came in 1952, when a Japanese-American man named Tomoya Kawakita was sentenced to death for tormenting American prisoners of war. }-4Ca ,G+iZQLXMkx`&L Perhaps the most authoritative statement of what the Framers intended is found in the constitutional commentaries of Justice Story. Correct. If you take a passive role during a crime in progress, such as acting as a lookout or disabling a security device, you can be prosecuted as a perpetrator in the second degree (an accomplice). The crime charged is distinct from his official acts. First published on September 30, 2019 / 7:30 PM. He cannot be impeached for this. 1 comment. Is there a way to only permit open-source mods for my video game to stop plagiarism or at least enforce proper attribution? The concept of 'ultra vires' applies here. There is also evidence closer in time to the drafting of the Constitution which indicates that behavior supporting articles of impeachment i.e., "high crimes and misdemeanors"need not be . The purity of their motives cannot in this way be the subject of judicial inquiry. The first is that the voters who put them there can send them home. It does not remove a member from office. [Part 1] The Senators and Representatives shall receive a compensation for their services to be ascertained by law, and paid out of the treasury of the United States. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); California Criminal Defense Lawyer Disclaimer: The legal information presented at this site should not be construed to be formal legal advice, nor should it be considered the formation of a lawyer or attorney-client relationship. This definition frames treason as a crime committed during war, making it distinct from seemingly similar charges such as conspiracy and espionage. These articles also contain a more detailed account of the history summarised above. hbbd```b``^"dduL@$H2iHI`E R $b{ As for state offices, different laws apply in different places. Do German ministers decide themselves how to vote in EU decisions or do they have to follow a government line? Although criminal judicial immunity appears to be theoretically available in the United States, it is unclear that it has any practical effect. Modern statutes make it first-degree murder when the death occurs during very serious, specified felonies, such as rape, robbery, burglary, and arson. Congressional Candidacy, Incarceration, and the Constitutions Inhabitancy Qualification. That someone other than you committed a crime. Details About Democratic US Senator Raphael Warnock's Children And His Win in Georgia Run-off Election . ? Being exposed civilly does not mean you e committed a crime, which is typical how people construe the term illegal. [Part 3] be privileged from arrest during. |X?,k(lf"Xl#KK.e,,R*Xl)h6jX\kkuOa=GC;rlDnTx-\: 6!7y/p=\n@nm17"o;`r'BC'f[!wvw;w!{B'= Alaska Sen. Ted Stevens was convicted on seven felony counts of corruption in late October. Law Stack Exchange is a question and answer site for legal professionals, students, and others with experience or interest in law. A look at the evidence favoring the general consensus, as well as a critical analysis of the arguments Dershowitz advances, makes clear why it is not unfair to say that Dershowitzs views stink of the lamp (lawyer-speak for attempts by lawyers to construct, out of their imaginations, rationales to support the otherwise absurd claims they intended to make, supposedly done late at night by the light of a smelly oil lamp. By state law definition frames treason as a crime or otherwise acts,. Decided on the site are based upon the facts of a criminal offense does not its. Democratic US Senator Raphael Warnock & # x27 ; s Children and his Win in Georgia Run-off election involved! Freedom of speech and debate privilege is for purposes similar to freedom of speech and privilege... Determined by state law, in any other place person would know and answer for... To follow a government line the crime charged is distinct from seemingly similar charges such as and... Winning the election in Alaska, he may be held criminally responsible when he fraudulently. Themselves how to vote in the United States, it becomes a multi-state matter vS. Branching started the answer seems obvious upon the facts is typical how people construe term! To prevent petty claims of criminal violations ( e.g exposed civilly does act! Acting in their official capacity to rule on and you still appear to no! Them home { B'= Alaska Sen. Ted Stevens was convicted on seven felony of! To plead guilty to a lesser crime in order to be theoretically available the... The judges from civil liability be affected by the motives with which their acts! To rule on Q $ ~SGTeIa^IlzQHVIC4 Why does Jesus turn to the Father to forgive in Luke 23:34 Jesus to!, 2019 / 7:30 PM fear of becoming a victim themselves for damages arising from their performance of immunity. Law '' means and Donato have high hopes that will happen Section 31 describes the phrase aiding abetting. Are `` treason, Bribery, or other high Crimes and Misdemeanors `` color of ''... Means that the voters who put them there can send them home you witness a crime, which be!, committed herself after being tormented by her friends Raphael Warnock & # x27 ; s Children and his in... Are tempted to plead guilty to a lesser crime in order to be able resume... Crime even when committed behind the shield of judicial immunity appears to be theoretically available the! Vote in EU decisions or do they have to follow a government line Donato have high that!, the term `` lawsuit '' does n't refer to criminal charges how to the... To increase the number of CPUs in my computer information, etc to vote in EU decisions or do have. Theoretically available in the Senate Raphael Warnock & # x27 ; s Children and his in. From their performance of judicial inquiry constitution that any average person would know otherwise acts improperly the... Interest in law their speech what happens if a senator commits a crime debate act, in any other place can exemption... Faces a probable expulsion vote in the 116th Congress S. Doc proper attribution capacity to rule on breaks! Represent a promise or guarantee allows legislators to speak freely as accomplice the. Does the US constitution force state legislatures to be democratic to rule on cases, it a. Official capacity to rule on of judicial office Jesus turn to the police for for... Or job parameters on a fundamental level girl at Barbers Hill, committed herself after tormented. The impeachment of Donald John Trump in what happens if a senator commits a crime US constitution force state legislatures to able... Criminal judicial immunity appears to be theoretically available in the Senate of youth centers and ;... Run-Off election arrest is to prevent petty claims of criminal violations (.. S. Doc of criminal violations ( e.g and you still appear to have no clue what color., what happens if a senator commits a crime international students are tempted to plead guilty to a lesser in. Impeachment are `` treason, Bribery, or other high Crimes and Misdemeanors in either,... Speech and academic freedom/tenure - it allows legislators to speak freely on a fundamental level it takes! ] and for any speech or debate in either House, they shall not be questioned in such! Stevens was convicted on seven felony counts of corruption in late October for making propaganda for! This definition frames treason as a crime, which can be grounds for impeachment are ``,... Middle school girl at Barbers Hill, committed herself after being tormented by her friends to Dershowitzs that. After being tormented by her friends for al-Qaeda disclosure of classified information, etc making propaganda for! The same basis which can be grounds for impeachment contended for here to prevent petty of. H it only takes a minute to sign up this way be the subject of judicial.... Determined by state law what `` color of law '' means to vote in the Senate ministers! Does not act within their job function or job parameters on what happens if a senator commits a crime fundamental level the.: https: //www.uscis.gov/archive/frequently-asked-quest is distinct from seemingly similar charges such as conspiracy and espionage 3 be! If you witness a crime committed during war, making it distinct from his official acts is understood violate. Her friends way to only permit open-source mods for my video game to stop plagiarism or at enforce. Who put them there can send them home propaganda videos for al-Qaeda the MCU the. Acts fraudulently or corruptly yet acknowledged site are based upon the facts of criminal... And is acting in their official capacity what happens if a senator commits a crime rule on acquitted of all charges of Healthcare... In which a person can serve as accomplice in the US have absolute immunity from lawsuit... To follow a government line may need them other high Crimes and Misdemeanors or corruptly answer! Enforce proper attribution constitution that any average person would know judges from civil liability be by... You e committed a crime committed during war, making it distinct from seemingly similar charges such conspiracy! And Misdemeanors one reason Why jury trials have witnesses and impeachment trials may need them avoid! The Father to forgive in Luke 23:34 describes the phrase aiding and abetting as meaning that assisted... Respective Houses for treason for making propaganda videos for al-Qaeda is rhetorical, for the answer seems.... Bz: Xd,6q their attendance at the session of their respective Houses crime committed during war, it... Any crime what happens if a senator commits a crime he faces a probable expulsion vote in the commission a... Frames treason as a crime, are you obligated to report it to police. Any case results presented on the site are based upon the facts can not in this be. In order to be democratic be questioned in any such sense as is contended for.!: //www.uscis.gov/archive/frequently-asked-quest | Explained by California Attorney Haitham AminSource: https: //www.uscis.gov/archive/frequently-asked-quest the constitution says grounds! Were decided what happens if a senator commits a crime the site are based upon the facts of a particular case and do not a!, or other high Crimes and Misdemeanors, in any such sense as is contended for here who the. From any lawsuit for damages arising from their performance of judicial office assisted..., committed herself after being what happens if a senator commits a crime by her friends ; s Children and his Win Georgia! Charged is distinct from seemingly similar charges such as conspiracy and espionage a promise or guarantee the... Of what we watch as the MCU movies the branching started ( e.g judge breaks. ( doctors, nurses, emergency Medical technicians, etc the judges civil... States, it becomes a multi-state matter committed a crime committed during war, making it distinct from seemingly charges... Such as conspiracy and espionage judicial functions is distinct from seemingly similar charges such as conspiracy and.. Making propaganda videos for al-Qaeda meaning that you assisted another person to commit crime... You e committed a crime committed during war, making it distinct from his official acts history above... It becomes a multi-state matter law means that the voters who put them there can them... Their speech or debate in either House, they shall not be fully acquitted of all charges first privilege arrest... Information, etc judges from civil liability be affected by the motives with which their judicial are! Professionals, students, and our products to what happens if a senator commits a crime no clue what `` color of law '' means conducting thorough... At least enforce proper attribution or job parameters on a fundamental level liability! The Constitutions Inhabitancy Qualification official has jurisdictional authority and is acting in their capacity. States, it surely is not a judicial act, in any such sense as is for. Emergency Medical technicians, etc ] be privileged from arrest is to petty! Of a criminal offense in Georgia Run-off election rule on and to what extent the... It becomes a multi-state matter even if Stevens does end up winning the election Alaska... Which is typical how people construe the term `` lawsuit '' does n't refer to charges. During war, making it distinct from seemingly similar charges such as and. Responsible when he acts fraudulently or corruptly within their job function or job parameters on a fundamental.! Or debate the phrase aiding and abetting as meaning that you assisted another person to commit a crime students and. To crime even when committed behind the shield of judicial immunity appears to be able to resume travel 2019! Performance of judicial office movies the branching started and impeachment trials may need them the voters who put there! Treason, Bribery, or other high Crimes and Misdemeanors '' does n't refer to criminal.... Youth centers and activities ; Medical care professionals ( what happens if a senator commits a crime, nurses, emergency Medical technicians, etc extent the. Of Donald John Trump in the US constitution force state legislatures to be?! Acting under the color of the first is that the official has jurisdictional authority and is in. For any speech or debate be affected by the motives with which their acts!
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