Tom Delay

Letting my brother die

Like Terri Schiavo, Phil was never going to recover. Removing his feeding tube was a devastating decision. But at least my family got to make it privately.

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Letting my brother die

It took my brother two weeks to die after we removed his feeding tube. For two weeks he lay in a hospital bed that had been set up in our family room, with hospice nurses tending to him around the clock. He didn’t seem to be in pain, though his movements stopped and his eyes stayed closed. Even though he was slowly dying, in some ways he seemed better than he had since a car accident left him brain damaged five and half years before. Maybe it was the natural light, filtering in through the picture window, casting some color onto his pallid face. Or maybe it was just that he was home — a place with smells and sounds and textures so different from the fluorescent, sterile, stinking despair of the hospitals he had been living in for so long.

I’ve been thinking a lot about Phil’s dying days as I’ve watched the Terri Schiavo spectacle unfold. Like most of us, I’m stricken by the situation, trying to sort out my position; I am now a wife and mother myself. But 16 years after Phil’s death, I’m also still Phil’s younger sister. I remember the decisions my family made back then, I remember how agonizing it was to contemplate causing the death of a loved one. There is never an unequivocally right answer. And I find it horrifying, as I listen to the moralizing and misinformation, to see a situation so private, so personal, so small and simultaneously huge, become subject to political grandstanding. As I watch Michael Schiavo and the Schindler family battle over Terri’s fate, I feel the queasiness of not knowing the right answer all over again. I understand why Terri’s parents don’t want their daughter to starve to death, and I understand why Terri’s husband wants to end her life. What I do not understand is the intrusion by the federal government. And even though it has been requested by Terri Schiavo’s parents, it is just that — an intrusion. I know — better than George Bush, better than Congress, better than Bill Kristol — that the question of whether Terri Schiavo lives or dies is a matter human and emotional, not political. My brother’s story, like Terri Schiavo’s, is tragic, unfair and perverse. It is the story of a young person who was lost in a split second, whose promise was extinguished.

On Dec. 14, 1985, Phil and his best friend Marc were driving to Saturday morning basketball practice when their car was hit by a truck with a snowplow on the front. Marc was at the wheel and escaped unharmed. Phil, a 17-year-old high school senior, suffered severe brain damage and went into a coma. After five weeks in intensive care, Phil entered a series of rehabilitation hospitals where he underwent years of physical, occupational and speech therapy. His coma lightened and he made some progress. Sometimes he could raise his thumb to indicate “yes” when you asked him a question. Sometimes after hearing a joke, the beginning of a smile formed on his mouth.

But those moments were few. Much of the time, Phil lay in bed. My mother spent hours with him every day. My father sat by his bedside and talked to him. I read aloud from our high school newspaper. And my older brother, Mark, watched Red Sox games with him and provided running commentary. Phil’s prognosis, like Terri Schiavo’s, was poor. There was little hope for any kind of meaningful recovery. Over time, his muscles atrophied. His eyes needed to be stitched at the corners to prevent drying, and his skin, once ruddy, turned pasty and cold.

For families living with a brain-damaged loved one, there is the before and after. Before Dec. 14, 1985, Phil was a star athlete, terribly handsome with dark curly hair and green eyes. The accident happened a few months before he would have gone to college, where he wanted to play soccer and maybe study international relations. He was the popular kid, a jock, a brain, almost absurdly well rounded. When he walked down the halls of our high school he was bombarded by hellos and high fives.

The after Phil, who jerked involuntarily, whose legs lay limp under coarse hospital sheets, was mostly unrecognizable to me. But glimpses of the before Phil, the scrappy athlete, would emerge, sometimes during the grueling physical therapy sessions, when he struggled to get past the barriers his body had placed in his way. In his laugh — even though it was labored — I heard the sound of the past, a time when he would tickle me until I turned red and was forced to surrender.

The picture of Terri Schiavo that has been beamed endlessly from TV screens and plastered on newspapers looks like something that might have been taken during one of Phil’s rare breakthrough moments — although in Terri’s case, most doctors believe the gestures are involuntary reflexes, while Phil’s attempts to respond could have been purposeful. But since they were inconsistent we’ll never know. In both cases, though, the people behind the apparently smiling masks were not ever going to return. And yet, when we see the video of Schiavo replayed over and over on cable news, it’s impossible not to wonder whether starving a woman who grins broadly at her mother is the right thing to do.

The rooms of the rehab hospitals where Phil lived were populated with other young people, victims of automobile and motorcycle accidents, boys and girls who had once been strapping and pretty but who now, like my brother, were shells. Every day the nurses would wheel the patients into the hallways for a change of scenery. They would sit there for hours, Velcro straps keeping their heads in place. Some days, I would walk down the hall and see patients slumped over their trays, helpless, pools of saliva in their laps. Sometimes I would find my brother this way. There was no “culture of life” in these hallways. These were not people with “disabilities” as Tom DeLay would like us to believe. They were not people with Down syndrome or deafness, who can hold jobs, get married, eat and speak. These were not people who could be dramatically helped by therapy, as Bill Kristol shamelessly and ignorantly suggested about Schiavo. These were people who were living on an intermediate plane between life and death. And when I looked at them — sometimes when I looked at my brother — I felt that death was preferable. Sometimes.

At the end of my sophomore year of college, five and a half years after the accident, Phil developed the first serious physical complication of his head injury — pulmonary edema, a condition that caused fluid to flood his lungs. Phil struggled to breathe for hours. It must have felt like drowning. The doctors predicted more of these episodes for which there was no effective treatment. I was taking my final exams when my parents — who had divorced six months before Phil’s accident but made all decisions about his care together — called to tell me that they thought it was time to let Phil go. For the first time since the accident it was clear he was feeling pain. Still, I protested. Simply being able to touch my brother, to hold his hand and read to him was better than having him in the ground, I argued. I imagine that this is what Terri Schiavo’s parents are feeling.

When I returned home and went to the hospital, though, my mind began to change. Walking down the corridor, I could hear my brother’s wheezing. When I got to his room, I saw his strained face. His discomfort was unmistakable. Nonetheless, part of me believed, however irrationally, that the condition would improve. I had had those thoughts before, at the beginning, when I thought that Phil would get better in time to graduate with his classmates and go on to college as planned. I had seen the made-for-TV movies based on “true stories” about the person in a coma who one day suddenly wakes up asking for a cheeseburger. When your brother is slipping away and unreachable, you have to believe those stories — even when the doctors never speak optimistically, even when they tell you in all of their years of practice they have never seen a miracle. But then time passes.

About a year after the accident it became clear that the Phil we knew was never coming back. He had been in a coma too long. But because his vital organs were functioning strongly, we were told Phil would likely live to middle age or beyond. And so we resigned ourselves to a life with Phil in the hospital where we would care for him with all the love we could muster. My grandmother used to say, “At least we still have him.” But then the pulmonary edema developed, and it changed the equation for all of us.

My family’s situation differs from Terri Schiavo’s in two important ways. Ultimately, we all agreed about Phil’s care. If my parents’ divorce had been acrimonious, if they had opposing religious or moral views, then maybe Phil’s case would have found its way to court, too. What’s more, Phil was going to suffer more painful episodes. We chose to end his life to spare him that. As far as I know, Terri Schiavo is not in pain, which makes decisions about her life far more complicated. Though she may never fully recover and remain in hospitals for the rest of her life, maybe the fact that her parents can hold her hand is enough of a reason to keep her alive. I don’t know.

Indeed, I cannot know for sure whether Terri Schiavo should die. A few years ago, I read an article about brain research in the New York Times. New technology suggested that many people in vegetative states were more cognitively aware than previously believed. The article made me feel sick. Had we let Phil go too soon? If we had waited, would new technology have provided us with a window into this inner life and more options for his care? I wonder if in some way the pulmonary edema provided us with an out, a way to stop Phil’s excruciatingly sad life and retain some of the “before” memories before they were subsumed by the reality of who he had become.

But I also know that by managing his pain, making sure that everyone who loved him had the chance to say goodbye, allowing him to die in the house he grew up in, we did the most loving thing we could.

I think about Phil’s last days. I remember drinking tea in the middle of the night with the hospice nurses and telling them about who my brother used to be, making sure they knew that the motionless body in the next room wasn’t all that they saw. I remember opening the window to let the hopeful June air blow in the room. I remember going out for a drive with a friend and coming home and learning that he was dead. We all sat with his body for a while. We cried over him, and spoke to him. And then he was taken out the back door and away.

I think about those moments and juxtapose them with the cameras and prayer vigils and placards, flash bulbs and commentators who are camped out in Florida waiting for news of Terri, watching the clock and debating the merits of her life in death. I think of our president’s middle of the night bill-signing to “save” an incapacitated woman he does not know. And I think of all the places where government should intervene and take an interest in the well being of its citizens. Those corridors where I used to see the slumped husks of human beings are not among them. Those halls are for families — perhaps sad and torn, perhaps people who may not know for sure — but still the people who know best.

Phil would have been 37 next week. Had he lived, he would still be in the hospital, not dead but not alive either. I have a son now, a 1-year-old boy named for his uncle. If Phil were alive I would bring my son to meet him. I would put their hands together, and I’m sure I would cry. But I cry for Phil anyway. I will tell my son about his uncle, about the before and after, and he will live on in my stories and in the smile that lights up the face of his namesake. My brother is gone, but he was gone long before the feeding tube came out.

I’m still not sure that Terri Schiavo should die, and the fact that her family is divided on the issue makes her story all the more tragic. But I do know this: The Schindlers have run through their legal options and at every level the law has backed Michael Schiavo, who says his wife would have wanted to die. I don’t know how to second-guess the courts’ decision, and I know a lot more about this topic than Congress does. The political grandstanding over Terri Schiavo, the fact that she has become a political pawn, sickens me. How odd that it took this congressional circus to show me that my brother, and my family, were blessed to be able to suffer our tragedy privately.

Lori Leibovich is a contributing editor at Salon and the former editor of the Life section.

John Edwards’ creepy mug shot

The disgraced senator flashes an unnerving grin -- just like Tom DeLay

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John Edwards' creepy mug shotEdwards sports a cold, dead smile in his mugshot

If the pictures of Anthony Weiner and (allegedly) a sunbathing Newt Gingrich weren’t too much for you, here’s another unsettling image: CNN’s Ed Hornick has posted John Edwards’ mug shot. Edwards, who faces felony charges for allegedly using over $1 million of campaign cash to hide his extramarital affair and child, went for the unnerving smile with accompanying cold, dead eyes for his photo:

The image is reminiscent of Tom DeLay from the Republican former House majority leader’s mug shot. (DeLay was ultimately convicted on conspiracy and money-laundering charges.)

We wonder whether the smiles here are meant to convey confidence or an image of innocence. If so, neither man succeeded.

Natasha Lennard covers the Occupy movement for Salon. A British-born, Brooklyn-based journalist, she has been covering Occupy Wall Street since before the first sleeping bag was unrolled in Zuccotti Park. One of the first journalists arrested at an Occupy action, she has managed to enrage Andrew Breitbart, Rush Limbaugh and Glenn Beck. You can follow her on Twitter (@natashalennard), and email her any Occupy updates/videos/ideas to natasha.lennard@gmail.com

Meet Patrick McHenry, the rudest, most shameless College Republican in Congress

Of course he was unfair to Elizabeth Warren: He was trained by the most cutthroat political organization around

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Meet Patrick McHenry, the rudest, most shameless College Republican in CongressPatrick McHenry

Rep. Patrick McHenry (R-Countrywide) called Elizabeth Warren a liar at the conclusion of a House Oversight subcommittee hearing that had already consisted mainly of Republican members of Congress getting very basic information about Warren’s Consumer Financial Protection Bureau completely wrong.

McHenry has been one of the most completely shameless of House Republicans since his arrival in Congress, in 2005, when he immediately and publicly endorsed Tom DeLay’s brilliant plan to exempt himself from ethics rules as his connections to Jack Abramoff began to end his career. But he was born to be cheerfully corrupt: He’s a product of the College Republicans, an organization that trains little Lee Atwaters, Karl Roves and Grover Norquists in the arts of scorched-earth campaigning and wholly irresponsible “governing” on behalf of the monied interests that bought you your job. The ethos is win by any means necessary, legal or quasi-legal (or worse, as long as you never get caught), and McHenry was very good at that, according to Benjamin Wallace-Wells’ memorable profile of the then-freshman in the Washington Monthly.

After the College Republicans, and a failed state legislature race, McHenry moved on to truly insidious conservative astroturfing/push-polling/communications firm DCI, then worked for Rove, then took a political appointment in the Bush administration, then moved to the district he now represents, where he started a real estate company that did not actually buy or sell any real estate, so that he could run for Congress as “a small businessman.”

Once in the United States House of Representatives, McHenry personally intervened in a wild and bloody College Republican National Committee chair election, on behalf of a personal friend of his who’d become slightly toxic after he sent fundraising letters attempting to trick “elderly people with dementia” into donating to the CRNC. And he was successful! The horrible kid won, against all odds:

In other phone calls, McHenry was more blunt: “He told me, and several of my friends that we were done in politics if we didn’t support him,” another College Republican chapter president told me. (McHenry has admitted that he and Deans made the calls but denied that they threatened anyone’s career). Over the course of two weeks, after a couple of a dozen calls, McHenry prevailed upon those in the North Carolina delegation to change their votes, removing three votes from Davidson’s column and putting them in Gourley’s. Gourley ended up winning by six votes; had North Carolina voted the other way, Davidson might have won.

Another of McHenry’s first acts in Congress, Wallace-Wells writes, was to champion a bill that was specifically written to rip off a large portion of his constituents, by making it “much harder for government to regulate or block the conversion of credit unions into banks …” He is a close ally of major consumer financial institutions with a plum assignment to the Committee on Financial Services, which is great for raising money.

It’s only natural that Elizabeth Warren, whose mission is to protect consumers from unethical and predatory practices by these institutions, is Patrick McHenry’s enemy. You can complain on his Facebook wall all you like, but the Republican from North Carolina is incapable of feeling embarrassment.

And his treatment of Warren will only make him a bigger conservative hero and an even more attractive investment opportunity for major banks.

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Alex Pareene

Alex Pareene writes about politics for Salon and is the author of "The Rude Guide to Mitt." Email him at apareene@salon.com and follow him on Twitter @pareene

The end of Tom DeLay

And why he'll probably never spend a day in prison

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The end of Tom DeLayTom Delay

On Monday, Tom DeLay was sentenced to three years in prison on two felony charges, conspiracy and money laundering, in a campaign finance corruption case that had dragged on for years.

The sentencing of DeLay, once one of the most powerful Republicans in Washington and the majority leader of the House of Representatives, was largely ignored because of the aftermath of the mass shooting in Arizona.

But it’s an extraordinary story — and one that’s not quite over. When he was indicted in Texas in 2005, DeLay’s political career sustained a fatal blow. He was forced to step down from his House leadership position and, in 2006, he resigned from Congress. 

The charges arose after DeLay set up a PAC to funnel corporate money, which is barred in Texas elections, to candidates for the state legislature. The group raised $190,000 and funneled it through the national Republican Party, which then distributed the money to several state-level candidates in Texas.

To learn more about the case that brought DeLay down, I spoke with Lou Dubose, who co-authored “The Hammer,” a biography of DeLay. The former editor of the Texas Observer and the current editor of the Washington Spectator newsletter, Dubose covered the trial gavel to gavel in Austin. He was in the courtroom on Monday when DeLay gave a lengthy presentencing speech accusing prosecutors of having political motivations and claiming he had $10 million in legal bills. 

I asked Dubose whether DeLay, who is planning an appeal, will ever see the inside of a jail cell, and whether the former majority leader appears humbled by the ordeal of the trial.  The conversation has been edited for length and clarity.

Did you ever think that you would see this happen?

I really didn’t. This was a working class jury, and I think that made a huge difference.

What was the dynamic with the jury — why did that make a difference?

Gary Cobb, the assistant DA who tried the case, really dragged out the $50,000 checks and the flights on corporate jets with the same persons who had written the checks to DeLay’s PAC. The sort of life that Tom DeLay lived at the expense of the corporate lobby — I think that really made an impact. By their clothes and what we know about them, it was a real working-class jury.

Oddly enough, Tom DeLay spent the entire duration of the three-week trial in a motor home rather than the Four Seasons. He drove his motor coach over here and checked into a motor home park in south Austin, a long way from where he was playing golf at Saint Andrews in Scotland. Then there was also the fact of the way the DeLays dressed, the fact that Reverend Rick Scarborough was sitting behind them. There was a lot of bling there that these people on the jury didn’t have.

Was it possible to tell where the $190,000 ended up? Did it just go to the state GOP?

The money came back, and it went to the candidates in Texas for whom it was designated. The backstory, of course, is that the Republicans controlled everything in Texas but the statehouse. Therefore they could not control redistricting. So DeLay set this organization up in 2001 for the 2002 election and they had to win a majority in the house. They moved this $190,000 up to D.C. because they were specifically raising corporate money, which was easier to raise. They sent it to Washington with specific instructions to send it back to these designated candidates. The candidates got the checks in the exact amount of $190,000.

And DeLay personally raised the money?

Well, that was the question. He stayed in the background but the state proved that he was aware that that transaction had happened. He was probably involved in directing it, although they didn’t have direct testimony on that. They put the three men who did the money-laundering in a room together in Sugar Land, Texas, in DeLay’s district, before the transaction was made.

Remarkably, at one point in the trial, DeLay went out and talked to Laylan Copelin of the Austin American-Statesman, who is a really terrific reporter. And Laylan asked him if he could have stopped the transaction. And DeLay said, “I could have stopped it, but why would I?”

And that was used in the trial?

In the middle of the trial, the state called Laylan Copelin as a witness — really bizarre. He’d been sitting there most of the trial; two weeks into the trial they call him as a witness because of what DeLay had said. His story ran, and two days later he was on the stand testifying as to what he had been told.

So I think DeLay proved to be a terrible client for a storied criminal defense attorney, Dick DeGuerin. That said, the state did an incredible job putting on a case that had to be by nature largely circumstantial.

Do you think he will ever spend a day in jail?

No. Simply because the Court of Criminal Appeals is an elected court, it’s all Republican, it’s highly political. It’s known as a prosecutors’ court, but in this case I would bet that they’re going to rule for the defendant. The Third Court of Appeals, where the appeal will start, is also a Republican court.

What are the issues in the appeal?

These courts are going to have to find a creative way of setting Tom DeLay free. One argument that they once made that they might try to revive is that money-laundering didn’t apply to checks, it applied to cash. This involved checks. The problem with that at the appellate level is that there have been a number of convictions based on money laundering with checks. So are you going to overturn all these prior convictions in order to save Tom DeLay?

What is DeLay doing these days?

You know, nothing. He is struggling to remain relevant. DeLay was always the star at CPAC, the annual conservative conference in Washington. But he hasn’t been allowed to speak there. Two years ago at CPAC, he was trolling for interviews. At the last CPAC convention, he was shunned.

He’s become a pariah to the Republican Party, and I don’t quite understand why. The true believers hold him responsible, rightly, for the Bush Medicare prescription drug bill, which DeLay pushed through. But he’s of no use to them anymore, and he’s not wanted. So most of what he does is struggle to remain relevant, and he’s not. Dick DeGuerin, in his closing argument, said “This prosecution has rendered my client unemployable.” And to my knowledge, he’s not employed.

His media statements have been defiant, but has he changed?

I don’t think so. That’s what’s remarkable. This is the same Tom DeLay that I saw every day for a year and a half when I followed him in Washington. It seemed to me that it never occurred to him that he no longer had the power that he once exercised. He had no regrets — he’s the same guy, except that he’s driving in a motor home instead of sleeping in the Four Seasons.

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Justin Elliott

Justin Elliott is a reporter for ProPublica. You can follow him on Twitter @ElliottJustin

Tom DeLay sentenced to 3 years in prison

Former U.S. House majority leader was convicted of money laundering and conspiracy

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Tom DeLay sentenced to 3 years in prisonFILE - In this Oct. 26, 2010 file photo, former House Majority Leader Tom DeLay arrives at the Travis County courthouse in Austin, Texas, for jury selection in his corruption trial. Delay will be back in court on Monday, Jan. 10. 2011, for the sentencing phase of his trial after his Nov. 24 conviction on charges of money laundering and conspiracy to commit money laundering in a scheme to illegally funnel corporate money to Texas candidates in 2002. (AP Photo/Jack Plunkett, File)(Credit: AP)

A judge has ordered U.S. House Majority Leader Tom DeLay to serve three years in prison for his role in a scheme to illegally funnel corporate money to Texas candidates in 2002.

The sentence comes after a jury in November convicted DeLay on charges of money laundering and conspiracy to commit money laundering. DeLay was once one of the most powerful men in U.S. politics, ascending to the No. 2 job in the House of Representatives.

The former Houston-area congressman had faced up to life in prison. His attorneys asked for probation.

Senior Judge Pat Priest issued his ruling after a brief sentencing hearing on Monday in which former U.S. House Speaker Dennis Hastert testified on DeLay’s behalf.

Priest declined to hear testimony from the state’s only witness.

THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP’s earlier story is below.

Jury convicts Tom DeLay in money-laundering trial

DeLay maintains his innocence and plans to appeal the verdict it took 19 hours to reach

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Former U.S. House Majority Leader Tom DeLay — once one of the most powerful and feared Republicans in Congress — was convicted Wednesday on charges he illegally funneled corporate money to Texas candidates in 2002.

Jurors deliberated for 19 hours before returning guilty verdicts against DeLay on charges of money laundering and conspiracy to commit money laundering. He faces up to life in prison on the money laundering charge.

After the verdicts were read, DeLay hugged his daughter, Danielle, and his wife, Christine. His lead attorney, Dick DeGuerin, said they planned to appeal the verdict.

“This is an abuse of power. It’s a miscarriage of justice, and I still maintain that I am innocent. The criminalization of politics undermines our very system and I’m very disappointed in the outcome,” DeLay told reporters outside the courtroom. He remains free on bond, and his sentencing was tentatively set to begin on Dec. 20.

Prosecutors said DeLay, who once held the No. 2 job in the House of Representatives and whose heavy-handed style earned him the nickname “the Hammer,” used his political action committee to illegally channel $190,000 in corporate donations into 2002 Texas legislative races through a money swap.

DeLay and his attorneys maintained the former Houston-area congressman did nothing wrong as no corporate funds went to Texas candidates and the money swap was legal.

The verdict came after a three-week trial in which prosecutors presented more than 30 witnesses and volumes of e-mails and other documents. DeLay’s attorneys presented five witnesses.

Prosecutors said DeLay conspired with two associates, John Colyandro and Jim Ellis, to use his Texas-based PAC to send $190,000 in corporate money to an arm of the Washington-based Republican National Committee, or RNC. The RNC then sent the same amount to seven Texas House candidates. Under Texas law, corporate money can’t go directly to political campaigns.

Prosecutors claim the money helped Republicans take control of the Texas House. That enabled the GOP majority to push through a Delay-engineered congressional redistricting plan that sent more Texas Republicans to Congress in 2004 — and strengthened DeLay’s political power.

DeLay’s attorneys argued the money swap resulted in the seven candidates getting donations from individuals, which they could legally use in Texas.

They also said DeLay only lent his name to the PAC and had little involvement in how it was run. Prosecutors, who presented mostly circumstantial evidence, didn’t prove he committed a crime, they said.

DeLay has chosen to have Senior Judge Pat Priest sentence him. He faces five years to life in prison on the money laundering charge and two to 20 years on the conspiracy charge. He also would be eligible for probation.

The 2005 criminal charges in Texas, as well as a separate federal investigation of DeLay’s ties to disgraced former lobbyist Jack Abramoff, ended his 22-year political career representing suburban Houston. The Justice Department probe into DeLay’s ties to Abramoff ended without any charges filed against DeLay.

Ellis and Colyandro, who face lesser charges, will be tried later.

Except for a 2009 appearance on ABC’s hit television show “Dancing With the Stars,” DeLay has been out of the spotlight since resigning from Congress in 2006. He now runs a consulting firm based in the Houston suburb of Sugar Land.

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