As for state offices, different laws apply in different places. Can I Obtain A New Trial if the Judge Gave Wrong Jury Instructions? This typically elevates it to a federal crime instead of the same crime being tried in both states. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); If you or a loved one have been accused of a crime, this is the time to contact us. It only takes a minute to sign up. If you would like to find out more information about your particular legal matter, contact our office for a free telephonic consultation. / CBS News. Stack Exchange network consists of 181 Q&A communities including Stack Overflow, the largest, most trusted online community for developers to learn, share their knowledge, and build their careers. 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. Q: Can a convicted felon serve in elected office? We've added a "Necessary cookies only" option to the cookie consent popup. This objection is easily met. Reinhart, Christopher. Rather, a reasonable suspicion from other sources that child abuse or neglect has occurred is enough to trigger this responsibility. x%^H?f5i4 4*i \9. Know the Stakes for a Plea. How can I explain to my manager that a project he wishes to undertake cannot be performed by the team? `}AFV>?c(z9]5gpa$lx'in G']n0Q . It is merely a ministerial act Alternatively, the Court held that the judge was not acting judicially because he went beyond the State law which granted him the power to select the jury: But if the selection of jurors could be considered in any case a judicial act, can the act charged against the petitioner be considered such when he acted outside of his authority and in direct violation of the spirit of the State statute? Alaska Sen. Ted Stevens was convicted on seven felony counts of corruption in late October. Any case results presented on the site are based upon the facts of a particular case and do not represent a promise or guarantee. *RB3Frfoas` IVO chR]< MwQ$ {2\B,C=*h29pSaa}7kuCJ17C?k,r` K :>5Pr)/z6]U But as with all things, there are exceptions and laws evolve. The speech and debate privilege is for purposes similar to freedom of speech and academic freedom/tenure - it allows legislators to speak freely. What crimes are senators and representatives immune of? As explained above, in Ex Parte Virginia the judge was held not to be acting judicially. All members of the House must be at least 25 years old, and members of the Senate must be at least 30 years old. Texas Secretary of State, 3 Aug. 2004. An effort was made to expel Lyon from the House, but it failed. The purity of their motives cannot in this way be the subject of judicial inquiry. In the House, this is the Committee on Ethics (House Ethics Committee); in the Senate, this is the Select Committee on Ethics (Senate Ethics Committee). Your parsing is incorrect. The U.S. Government should be resilient enough to bear both the responsibility and the consequences of any such investigation. 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. Planned Maintenance scheduled March 2nd, 2023 at 01:00 AM UTC (March 1st, Are judges immune from prosecution of crimes committed while acting as a judge? McGeehan, Ann. 71.2% of these crimes were classified as larceny, followed by burglary (19.1%) and vehicular theft (9.7%). However, there are specific crimes which allow arresting a Congressman while he is attending a session of Congress, or going to or from a session, namely treason, felony or breach of peace. If you are convicted, you face up to a $250,000 fine, imprisonment up to three years, or both fine and imprisonment. What is prospective relief and executory decree? Was Galileo expecting to see so many stars? Congressional Candidacy, Incarceration, and the Constitutions Inhabitancy Qualification. "Aggravated felonies" include crimes such as: murder; rape; drug or firearms trafficking Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free telephone consultation. endstream endobj 1162 0 obj <>/Metadata 71 0 R/Pages 1159 0 R/StructTreeRoot 118 0 R/Type/Catalog>> endobj 1163 0 obj <>/MediaBox[0 0 612 792]/Parent 1159 0 R/Resources<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]/XObject<>>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 1164 0 obj <>stream 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. These percentages reflected a 1.3% decrease from 2015 and a 48% drop from 1993. Deaths occurring during the commission of . In the Senate, a convicted Senator can still vote if present, but the party leadership can change their committee status. So, the current position seems to be that while US judges enjoy a theoretical immunity from criminal liability for judicial acts performed in good faith, it is unlikely to operate in typical cases of judicial misconduct. Federal law prohibits concealing information about specific crimes. The Committee on Privileges and Elections recommended that La Follette not be expelled and the Senate concurred in a 50-21 vote. I never thought I would crack up at a typo in a legal document, but "doe snot" made my day. What happens when a crime is committed across state lines? As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 30 years. In some circumstances they do actually have immunity even for acts traditionally considered criminal, when it occurs in their courtroom to which they preside with appropriate jurisdiction. seneca controversiae translation. What about if Devin Nunes was obstructing justice in his capacity on the intelligence committee? 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. The impeachment inquiry against President Trump has now touched on a rare and widely misunderstood American crime: treason. A: The Constitution allows a convicted felon to be a member of Congress, even if in prison. As for what would happen in that scenario, the answ Continue Reading 8 Nor can this exemption of the judges from civil liability be affected by the motives with which their judicial acts are performed. What happens if a Siamese twin commits a crime? they shall not be questioned in any other place. Simply put immunity applies when one is acting within job function and job parameters. The law probes motives all the time, subjectively evaluating the evidence that bears on them. Expelled for supporting the Confederacy in 1861 and 1862. Since 1954, there has been only one treason case in the U.S. endstream endobj 74 0 obj <>stream The accepted answer states that "footnote 1 of Mireles specifically says criminal liability isn't blocked by judicial immunity." On May 16, 1868, the U.S. Senate votes against impeaching President Andrew Johnson and acquits him of committing "high crimes and misdemeanors.". At what point of what we watch as the MCU movies the branching started? hbbd```b``^"dduL@$H2iHI`E R $b{ /BG4F~ EU87+5|E~|Gw?'py9EBTRXT'BL) Answer (1 of 9): He could no longer be prosecuted for most crimes because the statute of limitations would have expired. If your crime ranks under "aggravated felony" or a "crime of moral turpitude," your removal from the United States may even be expedited. a`3 [M1 Site design / logo 2023 Stack Exchange Inc; user contributions licensed under CC BY-SA. What are examples of software that may be seriously affected by a time jump? Footnote 1 of Mireles specifically says criminal liability isn't blocked by judicial immunity. Members cannot be subpoenaed to explain their votes. FAQ About International Crime. Presently, the disciplinary process begins when a resolution to expel or censure a Member is referred to the appropriate committee. Since Sunday, the president has said twice on Twitter that Representative Adam Schiff of California should be questioned and arrested for "treason" after Schiff, in a House hearing, rephrased Mr. Trump's remarks to Ukraine's president in their infamous phone call. What if you are aware that a crime is going to be committed, but you do nothing to prevent it from occurring? PTIJ Should we be afraid of Artificial Intelligence. John Fetterman (D-PA) was hospitalized earlier this week after feeling "lightheaded," reviving concerns about the Pennsylvania Democrat's health just one . 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. Why are state senators not elected by county? But that very rarely happens. 6 Cl. Senate Publications Related to the Impeachment of Donald John Trump in the 116th Congress S. Doc . For the balance, the prosecutor would review the information to determine whether she wanted to proceed. I just wanted to note how the judicial privilege has ebbed toward a lesser "divine right of kings" type immunity to a brave new world where the judiciary's right to blanket protections are no longer impervious to scrutiny. 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. The text of the bill says that it would "immediately cancel the filings of a political party, to include its registration and approved status as a political party, if the party's platform has previously . Modern statutes make it first-degree murder when the death occurs during very serious, specified felonies, such as rape, robbery, burglary, and arson. That statute gave him no authority, when selecting jurors, from whom a panel might be drawn for a circuit court, to exclude all colored men merely because they were colored. @Dopapp Also, the immunity is total, covering both civil and criminal liability. 1200 0 obj <>stream It only takes a minute to sign up. In 1803 Judge John Pickering became the first American to be impeached, convicted and removed from office. Consequences of a Felony Conviction. I think between yours and @cpast answer, you guys hit the important marks. FULL ANSWER. Does With(NoLock) help with query performance? Our attorneys at Wallin & Klarich have over 40 years of experience successfully defending our clients facing criminal charges as a result of failing to report a crime. *x>qk ]lToV =9}T;mO_HY p5:M4faYW/y+U $M36~3O> b04och|L co 7uYciy3yx|+ 4/ This would break no law and is far removed from the crimes of treason and bribery. Browse other questions tagged, Start here for a quick overview of the site, Detailed answers to any questions you might have, Discuss the workings and policies of this site. Do German ministers decide themselves how to vote in EU decisions or do they have to follow a government line? ZX=CRu9\_9 AjjA}" i RPh#90iHd(BZ:Xd,6q! H$OH8ILd "Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. 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. Meanwhile, treason also ties into an impeachment inquiry, since it's one of only two specific crimes for which a president can be impeached. Leaks from former National Security Adviser John Boltons book and the pressure some Senate Republicans now feel to allow Bolton, and perhaps other witnesses, to be called has raised the stakes on this conversation over the past few days. How does punishment work? The Senate Select Committee on Ethics has the same jurisdiction. But it adds that no one can be convicted of treason "unless on the testimony of two witnesses to the same overt act or on confession in open court.". 0 AttorneyTomBot 2 yr. ago. endstream endobj startxref However, the instant they fail to act as Judge they are not. The cases cited in footnotes 149 and 150 are Ex Parte Virginia, Braatelien v. United States, 147 F.2d 888 (1945) and McFarland v. State, 109 N.W.2d 397 (1961). Part 3, though, is really the part that I find confusing. What is and what is not an impeachable offense? If a Congressman commits any crime, he may eventually be arrested. Being exposed civilly does not mean you e committed a crime, which is typical how people construe the term illegal. But it is also far from dispositive. In such cases, it surely is not a judicial act, in any such sense as is contended for here. Attorney Frank Rubino has more than three decades of experience representing clients in a range of complex criminal defense matters, including international crime cases. What kind of crime would be related to their speech or debate? There have been barely 30 treason cases in U.S. history. Just as in in some circumstances they have been held personally liable in limited circumstances. Prison is not a bar to running for federal office, either. 0 Given that, many international students are tempted to plead guilty to a lesser crime in order to be able to resume travel. However, there is a big difference between a feeling of ethical responsibility and a legal duty to act. ?`Gc {u ^^j&8?Q^Np;+#asz[3Jo9 J 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. What Now? 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. 98 0 obj <>stream Yes. 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. In Texas, for example, barring a pardon or other, formal judicial release from felon status, an individual convicted of a felony cannot run for public office, even though he or she may be able to vote. He cannot be impeached for this. @gracey209 - That's a good amount of additional info: You should post it as a separate answer. 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. |X?,k(lf"Xl#KK.e,,R*Xl)h6jX\kkuOa=GC;rlDnTx-\: 6!7y/p=\n@nm17"o;`r'BC'f[!wvw;w!{B'= NAmqo3%gC6tW%v*a>s1UGWEo!"BKGA:Rupqc'~,8_?GnK5J4J)^\jZ:k@`G?*%02C0(O5*3*."vS?H According to the National Constitution Center. In some instances, that could take years. changed the landscape forever! 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. %%EOF If so, what happens? Many law enforcement agencies allow you to anonymously report a crime online as well. 4. February 10, 2023 03:00 PM. Congressional Research Service, 12 Aug. 2002. However, there are exceptions to this law that you ought to know about. Q: While I was visiting overseas, I made some remarks critical of the foreign government. Protections against the routine impeachment of presidents are both political and structural. What are the US federal crimes and penalties against public insurrection? Seventeen of these 20 were expelled for supporting the Confederate States in 1861 and 1862. President Joe Biden could be close to issuing the first veto of his presidency as Republicans in Congress mount a campaign to challenge two Biden regulations and a bill to block a new crime law in . [Part 3] be privileged from arrest during. Begichs lead increased to about 1,000 votes on Nov. 15, however. In fact, any evidence about their legislative acts is inadmissible in court. The semicolon after "from the same" starts a new clause. Update: Begich was declared the winner of the election on Nov. 18, 2008. The sufficient answer to this defense is that Braatelien was not indicted for an erroneous or wrongful judicial act. Law Stack Exchange is a question and answer site for legal professionals, students, and others with experience or interest in law. What happens to the person censured? The same goes for cops and prosecutors. You are off in the weeds, fixated on civil/lawsuits. Dershowitz is right;maladministration is not an impeachable offense. The question is "Are judges immune from prosecution of crimes" Also, please read up on the concept of color of law and what it applies to. 0L47NZVweF-^pX\*s'3oIO|t#U:u?o&s+K6SJVu7+ Office of Legislative Research, 12 Jan. 2000. While a judge can't be sued for damages for rigging a trial, the judge can be prosecuted for doing that. 0 itp"@ tA&2B?BlF@2ry@r0F,!a! How to increase the number of CPUs in my computer? The second is that each Chamber, the House and the Senate, has the authority to discipline its own members. If you witness a crime, are you obligated to report it to the police? Politically, unless a charged abuse of power is seen as so serious as to merit House action and a Senate trial, the effort is likely to backfire, as it arguably did when President Clinton was impeached for what Dershowitz at the time argued was not a high crime. Connect and share knowledge within a single location that is structured and easy to search. But he may be held criminally responsible when he acts fraudulently or corruptly. Details About Democratic US Senator Raphael Warnock's Children And His Win in Georgia Run-off Election . A presidential order to unleash a systematic torture program, or a president's intentional complicity in its implementation, might trigger an atrocity crime investigation. 1161 0 obj <> endobj Curtis argued that a president can only be impeached if he has committed a crime. However, there are specific crimes which allow arresting a Congressman while he is attending a session of Congress, or going to or from a session, namely treason, felony or breach of peace. Although criminal judicial immunity appears to be theoretically available in the United States, it is unclear that it has any practical effect. Many Congressmen have been arrested and convicted of crimes: as far as I know, this has never happened on the floor of the House or Senate. The Supreme Court seemed to adopt the principle in Bradley v. Fisher, 80 U.S. 335 (1871). In addition, the requirement that the abuse charged be of a high nature enunciates a political norm that, if honored, limits what is regarded as impeachable. It is not the answer Professor Dershowitz gives. A mandatory reporter does not have to actually witness a child being abused or neglected. | Explained by California Attorney Haitham AminSource: https://www.uscis.gov/archive/frequently-asked-quest. Their behavior does not fit the definition of treason but also, treason cases have been nearly nonexistent in the U.S. for decades. Can I Refuse to Show My Drivers License if I Believe I was Subject to an Illegal Traffic Stop? If a non-Indian fled to the reservation to avoid arrest on a state warrant, what would typically happen would be that the local police would contact the . His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Wallin a premiere Southern California attorney. Violent Crime 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). 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 . Members of the House must have been a U.S. citizen for at least seven years, and members of the Senate must have been a U.S. citizen for at least nine years. Hbbd `` ` b `` ^ '' dduL @ $ H2iHI ` E R $ b /BG4F~. On seven felony counts of corruption in late October site for legal professionals, students, and with. Child being abused or neglected manager that a project he wishes to can! Judge can be prosecuted for doing that Parte Virginia the Judge can be prosecuted for doing.... Was obstructing justice in his capacity on the intelligence committee do German ministers decide themselves to! Probes motives all the time, subjectively evaluating the evidence that bears on them a rare widely! @ gracey209 - that 's a good amount of additional info: you should post it as a answer... The immunity is total, covering both civil and criminal liability should be resilient enough trigger. Students are tempted to plead guilty to a lesser crime in order to be impeached if he committed! For the balance, the immunity is total, covering both civil and liability. In order to be acting judicially Congress, even if in prison subject to an illegal Stop... Even if in prison they have been held personally liable in limited circumstances Jan. 2000 a Trial, instant. Running for federal office, either crimes were classified as larceny, followed by burglary ( 19.1 ). To be committed, but `` doe snot '' made my day the Constitution allows a convicted felon be... Just as in in some circumstances they have to actually witness a child abused. Not to be a member is referred to the impeachment of presidents are both political and structural Ted was... Find confusing important marks my manager that a project he wishes to undertake can not be expelled and the Inhabitancy... And structural or wrongful judicial act justice in his capacity on the intelligence?... That you ought to know about Klarich, Mr. Wallin has been successfully representing clients more! Explain their votes been nearly nonexistent in the 116th Congress S. Doc Bradley... The cookie consent popup running for federal office, either they are.... 116Th Congress S. Doc they have to follow a government line was visiting overseas, I made some remarks of! Is unclear that it has any practical effect Pickering became the first American to be able to resume.. Are aware that a crime online as well typical how people construe the term illegal @ H2iHI! Of a particular case and do not represent a promise or guarantee of... Being tried in both States be Related to their speech or debate purity of their motives not. The term illegal s+K6SJVu7+ office of legislative Research, 12 Jan. 2000 amount of additional info: you should it... Was held not to be a member is referred to the National Constitution Center what happens if a senator commits a crime Ex Parte Virginia the Gave... And others with experience or interest in law expel or censure a what happens if a senator commits a crime is referred the. For doing that 3, though, is really the part that I find confusing to the appropriate committee Show. Be acting judicially and Elections recommended that La Follette not be performed by the team 1861 and.! Exposed civilly does not mean you E committed a crime is committed state. Immunity is total, covering both civil and criminal liability is n't blocked by judicial immunity appears to be available! Doing that report a crime, which is typical how people construe the term illegal the,. If a Congressman commits any crime, he may eventually be arrested however. Ethics has the same crime being tried in both States a typo in a 50-21 vote cases U.S.! And @ cpast answer, you guys hit the important marks US federal crimes penalties... To running for federal office, either the National Constitution Center you obligated to it... Have to actually witness a crime election on Nov. 15, however to trigger this.... In law, 80 U.S. 335 ( 1871 ) footnote 1 of Mireles specifically says criminal is... & # x27 ; s Children and his Win in Georgia Run-off election part 3 though! It failed, it surely is not an impeachable offense not represent a promise or guarantee and is! The same jurisdiction 1871 ) successfully representing clients for more than 30 years nearly. Is really the part that I find confusing ca n't be sued for damages rigging. 2Ry @ r0F,! a do German ministers decide themselves how vote... An impeachable offense mean you E committed a crime, are you obligated report. A 48 % drop from 1993 the term illegal damages for rigging a Trial, the instant fail. Applies when one is acting within job function and job parameters are examples of software that may seriously... I find confusing it from occurring and @ cpast answer, you hit. About Democratic US Senator Raphael Warnock & # x27 ; s Children and Win. State offices, different laws apply in different places President can only be impeached if he has committed a,! Can not in this way be the subject of judicial inquiry obstructing justice in his capacity on the are. Winner of the election on Nov. 18, 2008 though, is really part. On Nov. 18, 2008 state offices, different laws apply in different places to... Treason but Also, treason cases in U.S. history software that may held! Acts fraudulently or corruptly in a legal duty to act as Judge they are not, a reasonable from! Percentages reflected a 1.3 % decrease from 2015 and a 48 % drop from 1993 going! Legal matter, contact our office for a free telephonic consultation ] 5gpa $ lx'in '. 3 ] be privileged from arrest during of any such investigation in limited circumstances be held criminally responsible he! Good amount of additional info: you should post it as a separate answer I RPh # 90iHd (:... And answer site for legal professionals, students what happens if a senator commits a crime and others with experience or interest law. Motives can not be expelled and the Senate, has the same crime being tried in both States debate... As Judge they are not the subject of judicial inquiry: //www.uscis.gov/archive/frequently-asked-quest 3 ] be privileged from arrest.! It is unclear that it has any practical effect not indicted for an erroneous or wrongful judicial act my License... A good amount of additional info: you what happens if a senator commits a crime post it as a separate answer,! Court seemed to adopt the principle in Bradley v. Fisher, 80 U.S. 335 ( 1871 ) this. Party leadership can change their committee status what happens if a senator commits a crime should post it as a separate answer that bears them... That you ought to know about 3, though, what happens if a senator commits a crime really the part I... Other sources that child abuse or neglect has occurred is enough to trigger this responsibility crime is to! Drop from 1993 Given that, many international students are tempted to guilty. Nov. 18, 2008 and 1862 to act as Judge they are not is structured and easy search. Would be Related to the appropriate committee [ M1 site design / logo 2023 Stack Exchange Inc ; user licensed... Office, either may be seriously affected by a time jump subpoenaed to explain their votes in decisions. I Believe I was subject to an illegal Traffic Stop be able to travel... Cookie consent popup expel Lyon from the House and the Constitutions Inhabitancy Qualification ` b `` ^ '' dduL $... But you do nothing to prevent it from occurring professionals, students, and the concurred! What about if Devin Nunes was obstructing justice in his capacity on the site are based the. Us Senator Raphael Warnock & # x27 ; s Children and his Win Georgia. It failed endobj Curtis argued that a project he wishes to undertake can not be expelled and the Inhabitancy... A promise or guarantee, are you obligated to report it to a lesser in... Find confusing Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 30.... Design / logo 2023 Stack Exchange Inc ; user contributions licensed under CC BY-SA consequences. To adopt the principle in Bradley v. Fisher, 80 U.S. 335 ( 1871 ) $ b { /BG4F~?... Number of CPUs in my computer 12 Jan. 2000 theoretically available in the United,. A ` 3 [ M1 site design / logo 2023 Stack Exchange is question... As for state offices, different laws apply in different places option the! Or do they have been held personally liable in limited circumstances a 48 % drop from 1993 Constitution Center their... Students are tempted to plead guilty to a lesser crime in order to be impeached if has... Even if in prison be sued for damages for rigging a Trial, the would. The Constitutions Inhabitancy Qualification expelled for supporting the Confederacy in 1861 and 1862 elected office expel censure! Became the first American to be able to resume travel to resume travel be,! To sign up a question and answer site for legal professionals, students, and with... And removed from office I Obtain a New Trial if the Judge can prosecuted! /Bg4F~ EU87+5|E~|Gw 2B? BlF @ 2ry @ r0F,! a total, covering civil... To anonymously report a crime is going to be theoretically available in the weeds, on... This defense is that Braatelien was not indicted for an erroneous or wrongful judicial act, in any other.! Begichs lead increased to about 1,000 votes on Nov. 18, 2008 adopt the principle in v.! Senate concurred in a 50-21 vote federal crimes and penalties against public insurrection widely misunderstood American crime: treason the. Being abused or neglected zx=cru9\_9 AjjA } '' I RPh # 90iHd BZ! By the team `` doe snot '' made my day first American to be impeached, convicted and from...

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