Original Law and Disorder Radio ™

Heidi Boghosian, Michael Smith, Jim Lafferty, Maria Hall, Stephen Rohde

Hosted by 4 attorneys, Law and Disorder is a one hour weekly show providing timely legal perspectives on issues concerning civil liberties, privacy, right to dissent and practices of torture exercised by the US government and private corporations.

  1. 1D AGO

    Law and Disorder January 19, 2026

    Federal Funding Capitulation: Northwestern Joins Columbia and Brown University  The day after Thanksgiving last year, in an deserved win for Donald Trump and a sad loss for higher education, Northwestern University joined Columbia and Brown universities by capitulating to Trump's yearlong campaign to bribe American colleges and universities into paying ransom to restore millions of dollars of federal research grants he had illegally suspended on the pretext that the universities had failed to adequately monitor antisemitism on their campuses. Northwestern agreed to pay the Trump administration $75 million and entered into a three-year settlement agreement containing a host of provisions seriously impairing Northwestern's educational independence and academic freedom. Within days of the settlement, two law professors from Northwestern's own law school, Heidi Kitrosser and Paul Gowder, went public alleging that the agreement was illegal and unconstitutional. They wrote: "Our analysis lays bare that the government's extortion of Northwestern –unlawfully freezing funds to force the university to make a 'deal' – has nothing to do with actual legal violations at Northwestern (which, if they existed, could and should have been addressed through established legal channels), and everything to do with a campaign to encroach on the autonomy of Northwestern and other institutions of higher education, and to impose on them the Trump Administration’s reactionary political agenda." Guest - Heidi Kitrosser is the William W. Gurley Professor of Law at Northwestern Pritzker School of Law. She is an expert on the constitutional law, government secrecy and free speech law. Her book, Reclaiming Accountability: Transparency, Executive Power, and the U.S. Constitution, was awarded the 2014 IIT Chicago-Kent College of Law / Roy C. Palmer Civil Liberties Prize. She is a 2017 recipient of a Guggenheim Fellowship. Prof Kitrosser has been involved in drafting several amicus briefs in recent years challenging threats to free speech, academic freedom, and government accountability. She is also a founding steering committee member of the Free Expression Legal Network. FELN is a network of law school clinics, academics, and practitioners (including nonprofits) across the country that seeks to promote and protect free speech, free press, and the flow of information. ---- Prairieland Case Labeled First Prosecution of Antifa On July 4, a small group of people gathered in front of the Prairieland Detention Center in Alvarado, Texas. They were protesting in solidarity with immigrants and ICE detainees, using noise and fireworks—ordinary tools on Independence Day. Police later claimed that an Alvarado officer was involved in an exchange of gunfire after arriving near the protest, sustaining minor injuries. Six months later, authorities have still not produced hospital records substantiating those claims. Despite that, a federal grand jury in Fort Worth indicted nine people in connection with the July protest/ Seven others were charged separately. Charges include rioting, use of weapons and explosives, obstruction, providing material support to terrorists, and attempted murder of an Alvarado police officer and unarmed correctional officers. The Trump administration has publicly framed the Prairieland case as the first prosecution of “Antifa.” On September 25, the White House issued a directive ordering federal law enforcement to prioritize so-called Antifa-linked activity as domestic terrorism. Kash Patel has echoed that framing, publicly labeling the defendants “Antifa-aligned anarchist violent extremists.” Guest - Dario Sanchez, one of the defendants. A computer science teacher, Dario is caretaking for his injured partner since 2024. He was arrested at a pre-dawn raid on their home with no resistance. https://prairielanddefendants.com/ ----------------------------

    58 min
  2. JAN 12

    Law and Disorder January 12, 2026

    Placeless: Homelessness in the New Gilded Age Being homeless is not a reflection on the inadequacy of a person. It is not a moral issue even though right wing figures such as President Trump‘s former lawyer Rudolph Giuliani, the former mayor of New York, and Andrew Cuomo, the failed candidate for mayor in the 2025 election in New York City maintain that essentially cruel position. They were against giving people subsidized homes and treatment, if they required it, for health problems, addiction problems, or job training. Homelessness is a consequence of housing affordability, inequality, systemic, racism and pro-capitalist government policies. It is more profitable for the real estate industry to build housing for the rich rather than the poor. There is more profit in luxury housing, not so much in working class housing. New York City is the greatest example of the homeless situation that exists throughout the USA. On any one night 130,000 people sleep in shelters. 90% of them are Black or Latino. One out of seven children in New York City public schools are homeless. Guest - Patrick Markee has written a powerful, moving, common sense account of a social problem whose solution is entirely possible. His book Placeless: Homelessness in the New Gilded Age is an eloquent rendering of the plight of human beings who I don’t have a home, they don’t have a place in our world. Mr. Markee has had more than 20 years of experience working as an advocate for homeless people in New York City and his work with housing across the country. He is the former Deputy Executive Director for advocacy of the Coalition for the Homeless., New York’s premier homeless advocacy organization and a member the Board of Directors with the National Coalition for the Homeless. He is the author numerous research studies on homelessness and housing policy and has written for The Nation and The New York Times book review. Hard Regime Change In Venezuela Barely into the new year in the early morning hours of January 3 the Trump administration successfully and brutally and illegally attacked Venezuela kidnapping the president and his wife. 80 people were killed including 32 Cuban soldiers. They flew Nicolás Maduro and his wife attorney Celia Flores to a Brooklyn jail. The plan is to try them in an American court in lower Manhattan on the laughable pretext, they were drug runners whose country “stole” American oil. And further, according to President Trump, hordes of Venezuela killers and murderers and rapists were released across American borders to savage American citizens. That next morning, we woke up to arrogant boastings of Trump and his his secretary of war, Pete Hegseth, whose body is tattooed with a huge crusader cross, that they plan to “run” Venezuela, “make lots of money” reclaim “their “ oil and give it to the multi-national corporations such as ExxonMobil to exploit.The United Nations was organized after World War II to prevent precisely what has happened. Aggressive war was outlawed. The War Powers Act-was passed by the U.S. Congress, a half century ago, precisely to prevent secret aggression against foreign countries and required congressional approval, which was not sought or obtained prior to the invasion. Protest against this invasion continue across the United States. People took the streets, remembering how the war on Iraq, which killed 1 million people was fought allegedly that Saddam Hussein had weapons of mass destruction, which is known to be a lie. Guest - Jeff Mackler is the National Secretary of the U.S. political party, Socialist Action and its candidate for the U.S. presidency in 2016 and 2020. He is a member of the Administrative Committee of the United National Antiwar Coalition (UNAC) and the Director of the Mobilization to Free Mumia Abu-Jamal in Northern California. He was a national leader of the defense committees of Julian Assange and Lynne Stewart. Jeff was the Coordinator of the “Dialogue With Cuba" conference in 2000 at the University of California at Berkeley, the first institutionally-sponsored Cuba conference in U.S. history. Attended by 2000 U.S. social justice activists and leading scholars representing a broad range of academic and social fields, the dialogue saw 30 leading Havana-based Cuban scholars and social and political leaders exchange views with their U.S. counterparts. Jeff is the author of some 20 books and pamphlets including “CIA/Crack in America,” a detailed history of the U.S. government and its agent, Oliver North, importing tons of crack cocaine from the Columbia Medellin cartel. to sell in Los Angeles to illegally raise funds for the Nicaraguan Contras. Other books and pamphlets by Jeff covered the Mexican Chiapas Rebellion, Ukraine, Syria, Nicaragua, Libya, the South Africa anti-apartheid struggle and, most recently a critique of the NYC Zohran Mamdani Democratic Party/DSA mayoral election campaign.

    58 min
  3. 12/29/2025

    Law and Disorder December 29, 2025

    Remembering Michael Ratner Hosts Heidi Boghosian and Michael Smith interviewed some of Michael Ratner’s closest friends and colleagues as part of a special broadcast highlighting Michael Ratner’s legal work and mentorship. The special also marked the upcoming release of Michael Ratner’s autobiography Moving The Bar: My Life As A Radical Lawyer published by OR Books. We hear from attorneys including Eleanor Stein, Richard Levy, Ray Brescia and David Cole. Michael Ratner’s pathbreaking legal and political work is unmatched. He provided crucial support for the Cuban Revolution and won the seminal case in the Supreme Court guaranteeing the right of habeas corpus to Guantanamo detainees. Michael also challenged U.S. policy in Iraq, Haiti, Nicaragua, Guatemala, Puerto Rico and Israel-Palestine. This book is a testament to his unflagging efforts on behalf of the poor and oppressed around the world. – Marjorie Cohn, Professor Emerita, Thomas Jefferson School of Law Michael Ratner personified lawyering that brought both radical and human values into challenges to the use of governmental power to violate the essence of the Bill of Rights. From the torture of prisoners after 911 to the massive racial profiling by the New York Police Department, Michael’s voice and vision continue to resonate. This book provides a powerful testament to the spirit of this extraordinary man. – Attorney Bill Goodman ---- In Memory of Attorney Peter Weiss Attorney Peter Weiss was a frequent guest here on Law and Disorder. He was a guest several times to discuss pressing issues of nuclear policy, International Human Rights Law and the Royal Dutch Shell Settlement and in 2007, Peter was a Lawyers You'll Like guest. We go now to hear that 2007 interview co-hosted by Michael Ratner and Michael Smith. Peter Weiss died one month short of his 100th birthday on November 3, 2025. Peter was the founder and head of the Lawyers Committee on Nuclear Policy. His field was international law. He won the historic case for universal jurisdiction which allowed foreign war criminals to be tried in the United States under certain circumstances. Mr. Weiss is a graduate of Yale Law School and was the principle author of the draft brief on the illegality of threat or use of nuclear weapons used by many countries in making written submissions to the International Court of Justice in the 1996 nuclear weapons advisory opinion. Mr Weiss served as counsel to Malaysia at those hearings. He has published several articles on the ICJ opinion, including in the fall 1997 issue of Transnational Law and Contemporary Problems. Mr. Weiss litigated the seminal case establishing the right of victims of torture to sue their torturers in US courts (Filartiga v. Pena-Irala). Since his retirement in 1996 from Weiss Dawid Fross Zelnick & Lehrman, a leading trademark firm, he has been Senior Intellectual Property Counsel to The Chanel Company Limited. He is also a founder and former President of the American Committee on Africa and former Chairman of the Board of the Institute for Policy Studies in Washington. He has also long been an activist for peace in the Middle East and is currently a member of the Arab-Jewish Peace Group in New York and of the Executive Committee of Americans for Peace Now, which supports the Peace Now movement in Israel.

    58 min
  4. 12/23/2025

    Law and Disorder December 22, 2025

    Rewiring Democracy: How AI Will Transform Our Politics, Government, and Citizenship Artificial intelligence and democracy are two of the most charged words in the news right now. To hear the headlines tell it, AI is either about to save us—or quietly break everything that makes self-government possible. A new book refuses that false choice. It asks a more uncomfortable—and more political—question: who is using AI, how, and for whose benefit? The book is Rewiring Democracy: How AI Will Transform Our Politics, Government, and Citizenship, published by MIT Press. It starts from a deceptively simple idea: democracy is an information-processing system—one that gathers people’s preferences and turns them into law, policy, and power. From that perspective, AI isn’t inherently democratic or dangerous. It’s a power-amplifying tool. In democratic hands, it can broaden participation, increase transparency, and make government more responsive. But in the hands of monopolistic tech companies or authoritarian states, it can just as easily intensify surveillance, manipulation, and control. Instead of treating AI as a distant sci-fi threat, Rewiring Democracy looks at what’s already happening—AI in lawmaking, courts, elections, public services, and everyday citizenship—and asks the question too often left out of the debate: not what the technology can do, but who controls it—and who is left out. Guest – Nathan E. Sanders, a data scientist affiliated with Harvard’s Berkman Klein Center for Internet & Society. His work focuses on using technology to strengthen democratic participation, especially for communities historically excluded from decision-making. He’s the co-author of Rewiring Democracy, along with cybersecurity expert Bruce Schneier. —- The Unitary Presidency: Trump’s Second Term, the Supreme Court, and the Consolidation of Power The American system of democracy was built on a simple, stubborn idea: power must be divided if liberty is going to survive. James Madison warned that concentrating legislative, executive, and judicial authority in the same hands is “the very definition of tyranny,” and George Washington cautioned that power’s abuse is as predictable as gravity. Those weren’t poetic lines—they were the operating instructions for a constitutional democracy. Our own cohost Stephen Rohde argues that those instructions are being ignored in plain sight. In The Unitary Presidency: Trump’s Second Term, the Supreme Court, and the Consolidation of Power, just published in Los Angeles Lawyer magazine, he says we’re not dealing with isolated controversies. We’re watching a sustained push to consolidate authority in the presidency—backed by legal theory, executive machinery, and a political ecosystem willing to treat norms and limits as optional. Steve traces how an extreme version of the Unitary Executive Theory has become the rationale for purges of independent agencies, mass removals of officials, and executive actions that pressure universities, law firms, immigrants, protesters, and the press. In his account, the point isn’t just what’s being done—it’s the precedent being set: that the president can control, punish, and dismantle without meaningful restraint. And the most alarming part, Steve argues, is the Supreme Court’s role—especially through its emergency “shadow docket,” where consequential decisions can be issued at lightening speed, often without full briefing or transparent reasoning. He asks readers: are we witnessing a temporary political lurch, or a lasting constitutional redesign—one that leaves checks and balances as a ceremonial relic? Guest – Stephen Rohde is a retired constitutional attorney, lecturer, writer and political activist. He is the Chair Emeritus of several organizations including Bend the Arc, the ACLU Foundation of Southern California, and Death Penalty Focus. He is also a founder and current Chair of Interfaith Communities United for Justice and Peace. He is the author of American Words of Freedom and Freedom of Assembly.

    58 min
  5. 12/15/2025

    Law and Disorder December 15, 2025

    Jewish Voice For Peace: West Bank Divided and Conquered Our guest today is Leta Hirschmann-Levy, a young Jewish New Yorker, who just returned from a solidarity delegation to the Israeli militarily occupied West Bank of Palestine. Ms. Hirschmann-Levy is a leading activist in Jewish Voice Peace, a writer and an actress. Her grandparents on her mother’s side were German Jewish refugees from the holocaust. Israel has killed at least 1000 Palestinians in the West Bank and East Jerusalem since October 7, 2023. The murders are part of their project to ethnically cleanse the West Bank and East Jerusalem and make them free of Palestinians. Peace seems less and less possible. The West Bank was invaded and taken by Israel during the 1967 war, a war that was initiated by Israel against its neighbors, especially Egypt and Syria. The West Bank has been occupied by the Israeli military ever since. It is the longest occupation in history. Despite Israeli propaganda, there’s no such thing as a liberal occupation. Over 700,000 Israeli settlers have since moved into the occupied territory with the intent of preventing the West Bank from being part of a future Palestinian state, a Palestinian hope which the Israelis have vowed to never allow. The territory is run on an apartheid basis with complete segregation of Jews and Arabs who are isolated by a 20 foot cement wall that snakes through their land. Arabs must use their own roads, are issued distinct license plates, suffer the indignity of military checkpoints, go to their own schools and live in separate communities at the base of hills occupied by Israeli settlers. They are constantly surveilled and harassed by the military which keeps thousands of Palestinians, including children, in prison, many tortured and detained with no charges against them. Hundreds of their homes have been destroyed, their ancient olive trees uprooted, and their water supplies stolen. It is this situation that our guest went to observe. ----   Norman Soloman: The Blue Road to Trump Hell In 2016, a man famous for humiliating people on television with the catch phrase, “You’re fired,” was elected president of the United States. Many were surprised – chief among them, his opponent, Hillary Clinton. But others, like our guest for this segment, saw it coming, and believes the Democratic Party could have done so much more than it did to avoid it. Today, in the midst of Trump presidency #2, the country is as polarized as ever. How did we get here? And where are we headed? Is there a way to avoid the US slipping into a country where only the wealthiest enjoy power, resources, liberty and justice? Our guest for this segment will help us think through those questions. He is Norman Solomon, author of the new book, The Blue Road to Trump Hell, How Corporate Democrats Paved the Way for Autocracy. Norman is the national director of RootsAction and executive director of the Institute for Public Accuracy. He is the author of more than a dozen books including War Made Invisible: How America Hides the Human Toll of Its Military Machine. Solomon has written about politics for many publications including The Hill, The Nation, the Guardian, Common Dreams, the LA Times and Salon.   -----------------------------

    54 min
  6. 12/08/2025

    Law and Disorder December 8, 2025

    Locals On Edge As Right Wing Christian Company Builds Community A quiet rural county in Tennessee has become an unexpected frontline in a national struggle over identity, democracy, and belonging. Jackson County—a small Appalachian community of rolling hills, family farms, and a slowly revitalizing town center—is now at the center of a political and ideological clash. Longtime residents are facing a wave of out of state White Christian nationalists developers. Their stated goals include rolling back civil rights gains, discouraging women from higher education or voting, and expelling immigrants who are already U.S. citizens. At the heart of this effort are developers RidgeRunner and New Founding; they’re buying up hundreds of acres to create an ideological enclave and consolidating local political power. RidgeRunner’s CEO, Josh Abbotoy, has sold land to two podcasters, Andrew Isker and C. Jay Engel. These “ambassadors” state publicly that they want to attract “hundreds or thousands” of people to Jackson County who share their Christian nationalist vision. Locals fear the county is being used as a pilot site for a broader national strategy: intentional migration to reshape rural America and take over local governments. In a place where county elections are often decided by fewer than 300 votes, the danger isn’t theoretical. A disciplined ideological bloc of just a few hundred people could rewrite policy, alter governance, and silence dissent.What’s happening in Jackson County is an example of a growing pattern across the country: planned ideological enclaves, politically motivated relocation, and increased activity under the banner of Christian nationalism. Guest - Kimberly Silvestri is a homeowner in Gainesboro, she's a former professional pilot with a background in science. She's currently working on her Master's degree. ---- Soldiers Refusing Illegal Orders The extent to which Donald Trump is willing to go to dismantle of the rule of law at home and abroad is breathtaking and dangerous. In some cases, leaders are pushing back but in other cases major institutions are enabling Trump's lawlessness. In a recent 90-second video organized by Sen. Elissa Slotkin (Democrat of Michigan), two senators and four Congress members, all U.S. military or CIA veterans, took turns reading a statement addressed to active service members, urging them to refuse to follow illegal orders. “Like us, you all swore an oath to protect and defend this Constitution,” the lawmakers said. "Our laws are clear. You can refuse illegal orders.... No one has to carry out orders that violate the law or our Constitution." In Truth Social, Trump immediately responded: “It’s called SEDITIOUS BEHAVIOR AT THE HIGHEST LEVEL. Each one of these traitors to our Country should be ARRESTED AND PUT ON TRIAL.” In subsequent posts, Trump wrote: "LOCK THEM UP???" ... “SEDITIOUS BEHAVIOR, punishable by DEATH!” Trump also reposted a statement saying: “HANG THEM GEORGE WASHINGTON WOULD!!” Now the Department of War is investigating one of the Senators, Mark Kelly for “serious allegations of misconduct,” threatening to call him back to active duty and court-martial him. Meanwhile, on November 17, 2025, the UN Security Council enshrined Israel’s illegal occupation of Palestinian lands, put its imprimatur on Israel’s genocide, and granted colonial control over the lives of the Palestinians to the United States, which has aided and abetted the genocide. The Council adopted Resolution 2803, by a vote of 13-0. Russia and China, both permanent members of the Security Council, could have vetoed it. But they abstained. The resolution incorporates Donald Trump’s “peace plan.” It grants control over Gaza to the U.S.-led “Board of Peace” and it orders the deployment of a U.S.-led occupation force called “International Stabilization Force (ISF).” Trump will oversee both colonial bodies, in collaboration with Israel. Palestinians will not be allowed to participate in their own governance. Guest – Marjorie Cohn  is Professor Emerita at Thomas Jefferson School of Law, Dean of the People’s Academy of International Law, and former president of the National Lawyers Guild. She is a legal and political analyst who does media commentary and writes columns on Truthout and other outlets, and she a former host on Law and Disorder radio. Her most recent book is Drones and Targeted Killing: Legal, Moral, and Geopolitical Issues. Marjorie wrote an article that was published earlier this month on Truthout, titled Lawsuit Charges That California Law Illegally Muzzles Students and Teachers on Palestine.

    55 min
  7. 12/01/2025

    Law and Disorder December 1, 2025

    From The Flag To The Cross: Fascism American Style From The Flag To The Cross: Fascism American Style is the title of a recently published anthology edited by Zachary Sklar and our own Michael Smith. Co-host Jim Lafferty wrote the introduction. The book draws from seven key interviews with prominent socialist thinkers in the United States and Canada. They include Margaret Kimberly, Henry Giroux, Dianne Feeley and Bill Mullen. Bill will also be joining Michael and Jim in the guest seat. He's Professor Emeritus of American Studies at Purdue University and author of We Charge Genocide! American Fascism and the Rule of Law. Chris Hedges who is also included in this book, writes "when fascism comes to America, it will be mass of recitations of the pledge of allegiance, the Christian cross and the flag." We'll explore these frayed boundaries of Christian fascism, capitalism, and the assaults on free speech and censorship while highlighting the strategies of community based actions. Guest - Michael Steven Smith is the author, editor, and co-editor of many books, mostly recently Imagine: Living In A Socialist U.S.A. and “The Emerging Police State,” by William M. Kunstler. He has testified before committees of the United States Congress and the United Nations on human rights issues. Mr. Smith lives and had practiced law in New York City with his wife Debby, where on behalf of seriously injured persons he sues insurance companies and occasionally the New York City Police Department. Guest - Jim Lafferty is the Executive Director Emeritus of the National Lawyers Guild in Los Angeles and the host of The Lawyers Guild Show on Pacifica Radio’s Los Angeles station, KPFK. Jim has been a national leader in the peace and social justice movement for 60-years. He served as a national Coordinator of the National Peace Action Coalition, the group that organized the largest protests against the U.S. war in Vietnam, and in leadership positions in other peace coalitions opposing various imperialist U.S. wars. In the early 1960’s he was the national Director of the National Lawyers Guild during its historic work in the South. In the mid-1960’s until the 1980’s, Jim was in the private practice of law in Detroit, Michigan, where he specialized in Selective Service law, employment discrimination law, and civil rights law. He serves on the governing board of the A.C.L.U. of Southern California, is a member of the steering committee of the national Julian Assange Defense Committee, and a Fellow at the Institute for the Humanities at the University of Southern California. Guest – Bill Mullen is professor emeritus of American studies at Purdue University and the co-founder of The Campus Anti-fascist Network. He’s also co-author of The Black Antifascist Tradition and We Charge Genocide: American Ashes and the Rule of Law. He’s a contributor to the just published Law And Disorder book From the Flag to the Cross: Fascism American Style.

    53 min
  8. 11/24/2025

    Law and Disorder November 24, 2025

    Without Precedent: How Chief Justice Roberts and His Accomplices Rewrote The Constitution and Dismantled Our Rights  Early in his second term, after addressing a joint session of Congress, as he shook hands walking down the aisle, President Donald Trump turned to Chief Justice John Roberts, patted him on the back, and said, “Thank you again. Thank you again. I won’t forget.”  What had Roberts done to deserve such gratitude? A lot. In her withering and revealing new book, Without Precedent: How Chief Justice Roberts and His Accomplices Rewrote The Constitution and Dismantled Our Rights, Lisa Graves describes in detail how Roberts “has established himself not as a fair referee but as a diabolically effective player rewriting the Constitution and remaking America in accord with his reactionary political agenda, as he strategizes how to move the ball forward and disarm the opposition.” Sound too hyperbolic? Read the book. Guest - Lisa Graves - before her work as Deputy Assistant Attorney General under Attorneys General Janet Reno, a Democrat, and John Ashcroft, a Republican, she was Chief Counsel for Nominations for Senator Patrick Leahy on the U.S. Senate Judiciary Committee, where she investigated the careers and ideologies of judicial nominees, including John Roberts. She also learned how to examine the finances of sitting judges as Deputy Chief of the Article III Judges Division of the Administrative Office of the U.S. Courts with oversight of the Financial Disclosure Office. She was an adjunct law professor at George Washington University Law School and worked as the Senior Legislative Strategist for the ACLU on national security and civil liberties. From 2009-2017, she led the Center for Media and Democracy. Most recently, she co-founded Court Accountability and is also the Executive Director of True North Research, a national investigative watchdog group that describes its mission as exposing “the dark money fueling regressive agendas targeting vital institutions in our republic, such as our courts and public schools.”

    52 min

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About

Hosted by 4 attorneys, Law and Disorder is a one hour weekly show providing timely legal perspectives on issues concerning civil liberties, privacy, right to dissent and practices of torture exercised by the US government and private corporations.

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