Happy Birthday, Bill [of Rights]: Obama Breaks Promise To Veto Bill Allowing Indefinite Detention of Americans

There was a brief moment when civil libertarians were stunned to see President Barack Obama actually take a stand in favor of civil liberties after years to rolling back on basic rights of citizens and moving beyond the Bush Administration in building up the security state. Obama said that he would veto the defense bill that contained a horrific provision for the indefinite detention of American citizens. While many predicted it, Obama has now again betrayed the civil liberties community and lifted the threat of the veto. Americans will now be subject to indefinite detention without trial in federal courts in a measure supported by both Democrats and Republicans. It is a curious way to celebrate the 220th anniversary of the Bill of Rights.

This leave Ron Paul as the only candidate in the presidential campaign fighting the bill and generally advocating civil liberties as a rallying point for his campaign. Paul offered another strong argument against the Patriot Act and other expansions of police powers in his last debate. He also noted that the Patriot Act provisions were long advocated before 9-11, which was used as an opportunity to expand police powers. As discussed in a prior column, Obama has destroyed the civil liberties movement in the United States and has convinced many liberals to fight for an Administration that blocked torture prosecutions, expanded warrantless surveillance, continued military tribunals, killed Americans on the sole authority of the President, and other core violations of civil liberties.

The White House is saying that changes to the law made it unnecessary to veto the legislation. That spin is facially ridiculous. The changes were the inclusion of some meaningless rhetoric after key amendments protecting citizens were defeated. The provision merely states that nothing in the provisions could be construed to alter Americans’ legal rights. Since the Senate clearly views citizens are not just subject to indefinite detention but even execution without a trial, the change offers nothing but rhetoric to hide the harsh reality. THe Administration and Democratic members are in full spin — using language designed to obscure the authority given to the military. The exemption for American citizens from the mandatory detention requirement (section 1032) is the screening language for the next section, 1031, which offers no exemption for American citizens from the authorization to use the military to indefinitely detain people without charge or trial.

At least Senator Lindsey Graham was honest when he said on the Senate floor that “1031, the statement of authority to detain, does apply to American citizens and it designates the world as the battlefield, including the homeland.”

I am not sure which is worse: the loss of core civil liberties or the almost mocking post hoc rationalization for abandoning principle. The Congress and the President have now completed a law that would have horrified the Framers. Indefinite detention of citizens is something that the Framers were intimately familiar with and expressly sought to bar in the Bill of Rights. While the Framers would have likely expected citizens in the streets defending their freedoms, this measure was greeted with a shrug and a yawn by most citizens and reporters. Instead, we are captivated by whether a $10,000 bet by Romney was real or pretend in the last debate.

Even more distressing is the statement from sponsor Senator Levin, Chairman of the Armed Services Committee that “The language which precluded the application of Section 1031 to American citizens was in the bill that we originally approved … and the administration asked us to remove the language which says that U.S. citizens and lawful residents would not be subject to this section.”

Source: Guardian

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Section 1031:

Subtitle D–Detainee Matters
(a) In General- Congress affirms that the authority of the President to use all necessary and appropriate force pursuant to the Authorization for Use of Military Force (Public Law 107-40) includes the authority for the Armed Forces of the United States to detain covered persons (as defined in subsection (b)) pending disposition under the law of war.
(b) Covered Persons- A covered person under this section is any person as follows:
(1) A person who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored those responsible for those attacks.
(2) A person who was a part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces.
(c) Disposition Under Law of War- The disposition of a person under the law of war as described in subsection (a) may include the following:
(1) Detention under the law of war without trial until the end of the hostilities authorized by the Authorization for Use of Military Force.
(2) Trial under chapter 47A of title 10, United States Code (as amended by the Military Commissions Act of 2009 (title XVIII of Public Law 111-84)).
(3) Transfer for trial by an alternative court or competent tribunal having lawful jurisdiction.
(4) Transfer to the custody or control of the person’s country of origin, any other foreign country, or any other foreign entity.
(d) Construction- Nothing in this section is intended to limit or expand the authority of the President or the scope of the Authorization for Use of Military Force.
(e) Authorities- Nothing in this section shall be construed to affect existing law or authorities, relating to the detention of United States citizens, lawful resident aliens of the United States or any other persons who are captured or arrested in the United States.
(f) Requirement for Briefings of Congress- The Secretary of Defense shall regularly brief Congress regarding the application of the authority described in this section, including the organizations, entities, and individuals considered to be ‘covered persons’ for purposes of subsection (b)(2).

330 thoughts on “Happy Birthday, Bill [of Rights]: Obama Breaks Promise To Veto Bill Allowing Indefinite Detention of Americans”

  1. 1zb1,

    There is not much daylight between the Paulites and the Naderites, psychologically speaking. They are True Believers, in the original Eric Hoffer sense of the term. Not to be shaken by logic, proof or even disastrous outcomes, they keep on the purity path and will not deviate because they Know The Truth. Kind of a combination of obsessive-compulsive and autistic thought process that cannot really be understood by most mortals.

    It is said that the difference between a neurotic and psychotic is that the neurotic builds castles in the air, but the psychotic lives in them. And the psychiatrist & psychologist collect the rent.

    1. If you travel around the circle of politics the far right and the far left seem to sit right next to each other at times.

      I am not one for the cut the baby in half approach (ie compromises somewhere half way between the two sides). As we have seen this past year the R/Tparty has set their side so far over to one side that cutting the difference puts you in a place you don’t want to be.

      I guess I prefer the all out war approach as in we are fighting a second civil war. it means having clear objectives but understanding that to win a war you need to make tactical retreats at times; sacrifice some of your forces at times to protect your army, Washington won very few battles but he won the war. Its important to have a clear vision of what victory is about; that there is reason worth sacrificing for; who the enemy is.

      This is like the first battle of bull run. The North thought it was going to be a cake walk but it turned into a rout. People need to understand what is at stake but one still has to be smart about how you fight for your ideals. We are all part of something bigger then ourselves.

  2. bettykath, I am affraid that you are factually mistaken on many of your statements. I won’t go through the whole list but here are a few examples and then I will tell you why you are completely wrong on your position to basically drop out because the system is broken.

    First, “Financial Regulation of Banking Industry – no. It was Clinton that killed regulations and new regulations were compromised to be ineffective. In fact, Glass Steagal was pushed through by the Republican controlled Congress. Many Democrats were opposed to it. Clinton signed it and claims it actually helped mitigate the 2008 crisis. (Personally, I am no fan of Clinton and he did much to undermine the Democratic Party. I am deeply offended by his personal doings. However, I also understand he had to deal with a Republican controlled Congress.

    In any event, most analysts believe the 2008 Crisis was not brought on so much by a lack of regulation but rather a lack of enforcement of regulation under the Bush/Republican control of government. You might notice that efforts to regulate the financial markets under Obama – Dodd-Frank – has met with fiearce attacks by the Republican/Tparty as have consumer protection laws. So however, badly you may think Democrats have done, compared to what you got and will get with the Republican/Tparty there is no comparison.

    Regarding the payfoll bill. In fact Obama proposed paying for it, in other words making up the contribution to SS, with the a small surtax on millionaires. Republican/Tparty blocked this.

    The Debt Crisis. This is one I really love. Obama Cleaned their Clock. think about it, the R/Tparty held the nation ransom. Obama settled it with the supercommittee. What was the outcome when it failed: 1.5 trillion in cuts mostly from defense; and SS and Medicare were protected. In another words, Obama got 1.5 Trillion in Deficit Reduction, the end of the Bush Tax cuts for another Trillion; Troops out of Iraq for another couple of hundred billion. Think about it, he got almost 3 trillion in deficit reduction, no hit on SS and Medicare, and the end of the Bush Tax cuts. The guy really is brilliant. He cleaned their clock on the Debt Crisis.

    The fact is if you can’t see the difference between what the Republican/Tparty wants to do and what Obama and the Democrats have done and trying to do, frankly, I beleive you are just not paying attention. Alternatively, you really are just buying into this invention that “government is broken”. Its not government that is broken, its the Republican/Tparty that is broken and what they want you to believe is that everything is broken because that serves their ends. Don’t by into it.

  3. bettykath, you live in a fantasy world. The real world of politics is kind of like making sausage. You really don’t want to know how it is made. It was the Nader fan club that gave us George Bush II. As far as I am concerned, that puts Ralph Nader into the top three or four of the Worst Persons of the Past Decade.

    You like the sound of President Gingrich? Keep treading the naive ideological purity path you are on.

    1. You know, it really feels good when you stop hitting your head against a brick wall.

  4. Keep voting for the lesser evil and that’s what you’ll get. You aren’t going to get anything better until you start voting for it.

    Instant runoff voting would be a great help and for that reason those in power aren’t going to enact it.

    Frankly, I don’t see a lot of difference between what the 2 parties actually give us. The perception seems to be that the Democrats would be more people friendly, but look at what they did when they had both of houses of Congress and the WH. Obama allowed the Republicans to lead. He started every negotiation with a compromised position and let the Reps negotiate him down. Where was Pelosi? Instead of sending Boerner to negotiate with his (Boener’s) counterpart in Congress, he lowered Pelosi’s standing and increased Boener’s by leaving her out and negotiating directly with him as if he were a co-president.

    The Dems have friendlier rhetoric but they are just as nasty as the Reps.

    Nader. Oh, dear. You’ve bought the Democrats’ “bad Nader” bs. Never mind that there were lots of problems with the computer machines that swapped votes from Gore to Bush, machines that counted more votes for Bush than there were voters in the district, the “butterfly” ballot that caused lots of problems for voters, votes that weren’t counted b/c the Supreme’s cut off the recount. Even Pat Buchanan doubted that he got the number of votes he was credited with, votes that probably would intended for Gore.

    Nader wasn’t the only non-R/D on the ballot. There were several. Why not pick on Monica? She got more votes than the difference between Gore and Bush.

    Nader’s votes came from Greens, Republicans, Democrats, and lots of independents, many of them people who would NOT have voted for Gore if Nader had not been on the ballot. They most likely wouldn’t have voted at all. If Gore wanted the votes that Nader rec’d he should have paid more attention to what Nader was campaigning about and actually earned those votes.

    And who are you, or anyone, to suggest that only Democrats and Republicans deserve to be on the ballot? It’s very difficult in most states to get on the ballot if you aren’t a Dem or a Rep. And then, if you have the kind of recognition Nader has, you have to put up with personal attacks that have absolutely no basis in fact.

    I doubt that Nader will run again, but if he does, he’ll get my vote. He may get it anyway as a write-in if there is no acceptable candidate. Cynthia McKinney probably got my vote last time. (I’m not sure. I was soooo delighted to actually have a choice that didn’t involve a lesser evil: Nader or McKinney, that I didn’t make up my mind until I was marking my ballot.)

    If only the lesser evil folks would actually vote their hopes, not their fears, we might actually get a no-evil winner.

  5. BettyKath,
    until we have run-off voting third parties will never be a viable answer. The lesser of two evils is better than letting the worst candidate win.

  6. bettykath, it would never had gone to the SCOTUS had so many votes not been drained off by Nader. Gore would have had a big enough margin that the outcome would not have been so close as to trigger all that litigation and the circus about hanging chads.

  7. Otteray Scribe,

    The Republican candidates are a bad joke; great fodder for the comedians. My point is: both parties are f*ing us b/c they are lackies for the corporations that paid for them. I didn’t vote for either McCain or Obama because it would have been picking a lesser evil and we end up w/ a lesser evil. McCain had the longer unsatisfactory record but I listened closely to Obama. He promised an escalation of war. (Why would he refuse to investigate for prosecution the war crimes of the previous administration? Could it be b/c he was going to commit a few himself? ok, it was after he took the oath to uphold the Constitution rather than a campaign promise.) It’s been decades since I’ve voted for a Democrat or a Republican. I’ve voted for independent candidates, mostly Greens, or a write-in, or not at all. My candidates haven’t done well but I hope that at some point you-all wake up and realize that by voting for them, you just encourage the bastards.

    Not only are the candidates corrupt so is the process with the advent of computer voter machines that pick the winner regardless of how the votes are cast and the decision that corporations can buy the candidates and the winners.

    I may not vote again. Participation is a form of endorsement.

    re: the 2000 race. Gore DID win. If you have a beef, take it up with the 5 Supremes that appointed Bush over the majority of the Florida voters.

  8. bettykath,

    Your point is? Which one of the Republican candidates do you think will be better? You know, of course, there will be no viable third party candidate, and if there is, he or she will only drain off votes that could end up putting one of the merry trolls in the Big Office. We saw that happen in 2000. How do you like President Gore?

  9. 1zb1,
    I like the way you sum up the situation in a concise manner. That makes a compelling closing argument.

    When I look at the panel the Republicans have running, it is a choice between dolts and fruitcake crazy. The frontrunners are a charming con man and a fat ugly con man. The Old Guy has a cult following but no chance at all of being allowed to get the nomination. Wow! What did the country do to deserve this?

  10. I’ve tried to look at this from a pragmatic view (an unnatural approach for me). For example, I know there are many Gay people who are very unhappy Obama hasn’t come out for Gay marriage even though he ended DADT and even given the reality the R/Tparty would put them all in jail if they got the chance.

    People are upset that he didn’t tear apart the banking industry for what they did. Seniors are upset he is making cuts to Medicare Advantage (which is actually a private insurance program subsidized by other Medicare receipients.

    I get that for every single issue there is a group very upset with what he did or didn’t do. Perhaps I saw from the beginning he was going to try and be a compromiser. When you think about it thats what he really promised. I don’t think he or anyone else anticipated how extreme the rightwing has become.

    What’s the worst thing Obama has done: get healthcare for 30 million people. For this they hate him? What has become of us.

    Personally I think he Obama has done a brilliant job of threading a needle against the most vial politics in decades. this kind of summerizes for me what has happened and what will happen. I’m of an age that I grew up when segregation was still the law of the land. We are not so far removed from those days and there are a lot of people who want to take us back to them. As far as I’m concerned the R/Tparty is nothing more then the party of the old civil war south. They want the government to be broken. Ultimately they want the union broken. As far as I’m concerned we are not just fighting politics as usual but fighting a second Civil War.


    Saved the country from Republican caused full blown depression.; Healthcare for 30 million people. ; Rained in Insurance Companies ; Financial Regulation of Banking Industry. ; Killed Bin Laden. ; Courage to go after them in Pakistan. (Republicans did not) ; Got rid of Gadhafi in 6 months, 2 billion dollar cost, no American Lives. (Compare to Republicans 10 years in Iraq, trillion dollars, & thousands Americans lost) ; Beat Republicans holding country hostage over debt crisis. ; Ending Bush Tax Cuts for the Wealthy . ; 3 Trillion in deficit Reduction (Super committee, Bringing Troops Home, End of Bush Tax Cuts for Wealthy) ; Brought troops home from Iraq. ; Stabilized situation in Afghan (Republicans had abandoned) ; Ended Don’t Ask Don’t Tell (a vestige of Republican Bigotry) ; Payroll Tax cut for middle class. ; Extended unemployment benefits. ; Got China to reduce currency manipulation. ; Strengthened America’s Military Position in Asia to confront China. ; Financial support to states and local governments for police & teachers. ; Slowed illegal immigration and deported more criminal illegal immigrants then Bush/Republicans. ; Protected Social Security and Medicare from Republicans. ; Set back Iran’s nuclear program with software virus. ; Opening up Miramar. ; Fixing Republican Donut Hole Drug Plan. ; Saving 100 Billion Dollars on healthcare plan. ; Protecting Patients from coverage denial. ; More health and job help for Veterans.; Saved American Automobile Industry that Republicans wanted to abandon.; Helped get $20 billion Aircraft Sale for Boeing. and more!

    WHAT REPUBLICAN’S HAVE ACCOMPLISHED: ; Caused the worst economic crisis since Great Depression. ; Lied our way into a trillion dollar war in Iraq (that has killed or wounded nearly 50,000 Americans) ; Unfunded war in Iraq. ; Unfunded Tax Cut for Millionaires. ; Virtually abandoned Afghanistan. ; Did not get Bin Laden. ; Caused housing crisis. ; Turned a 3 trillion dollar surplus into a 5 trillion dollar Deficit ; Caused Banking Crisis ; Made the whole world angry at us. ; Sent millions of Jobs to China ; Killed millions of Jobs in America ; 911 ; Held the nation hostage over the debt ; No healthcare. ; Increased the wealth gaps between rich and middle class. ; Assault on personal liberties. ; Ignored China’s growing power. ; Did almost nothing to stop Iran nuclear efforts ; Unfunded drug plan with donut hole ; Gave Tax cuts to the wealthy even as we went to war. ; Republican Appointed Supreme Court gave Corporations more rights then citizens. ; Republican Appointed Supreme Court blocked campaign finance reform.;


    (Based on past actions and statements by candidates); More Tax Cuts for wealthy and big corporations;; Cuts to Social Security and Medicare and probable effort to eliminate;; Appointment of 2 new Supreme Court Justices like Thomas, Scalia, Roberts, Alito;; Overturning a Woman’s Right To choose;; Deregulation of Financial Industry;; Elimination of regulation that protects the environment, consumers, minorities, workers.; Elimination of worker’s rights to organize;; Ending healthcare for 30 million people;; Elimination of regulation of the Insurance industry;;

  11. I just got this in an email from an old friend. Hope you get a grin out if it. Speaks directly to public sentiment about the group with an 11% favorable rating.

    A driver was stuck in a huge traffic jam on the beltway around Washington, D.C.

    Nothing is moving. A man approaches with a very large canister and knocks on the window.

    The driver rolls down the window and asks, “What’s going on?”

    “Terrorists have kidnapped the members of Congress and they’re asking for a $100-million dollar ransom. Otherwise, they are going to douse them all in gasoline and set them on fire. We are going from car to car, collecting donations.”

    “How much is everyone giving, on average?” the driver asks.
    The man replies, “Roughly a gallon.”

  12. angryman,

    Sometimes the jokes write themselves. Sometimes the jokes write…..

  13. Oh Yeah! One more thing. There’s a message for you at the Prof’s desk. Some guy named c3po or something. I don’t know Must be a realative or something………………………………………..

    Oh Da hu-mah aroun he-ah just keeps on gettin’ bett-ah and bett-ah.

  14. Lets assume everything you say is exactly correct. On the one hand we have a Republican/Tparty that is so far removed from individual rights (the real individual rights and not their idea of right to exploit people) and fundemental liberal principles; on the other we have a Democratic Party that often does not or cannot do all the liberal things we would like. We also have an American popluation that is increadibly ignorant and strikingly biogted. Add to that we have real danger from people at home and abroad who want to do us great harm.

    Given the complexity and reality of the world, nation, and politics we seem to have by your view a bad choice and worse choice. If Ron Paul speaks the language on this particular issue he is also completely out of touch with other important issues so he is no choice.

    So, stay at home and you have a Republican/Tparty. Vote for Obama and at the very least you buy time for the future.

    If nothing else, the past year has demonstrated the Republican/Tparty is no choice at all and to stay home might as well be a vote for them.

    1. 1zb1,

      I like your line of reasoning, especially: “So, stay at home and you have a Republican/Tparty. Vote for Obama and at the very least you buy time for the future.” I’ve been making the same point for a while hers.

    2. Well said 1zb1,

      This what I keep trying to explain to those who are so against Obama. I tell them that it just doesn’t matter. We have to keep him in for the next four years. Failing to do so and allowing one of the many boobs the GOP is submitting for approval would be a bold statement and testimony to the fact that they can do with us as they please. We have given up. At least if we re-elect Obama it maintains the illusion that we’re buying the load their selling.

    3. What Obama has accomplished?
      Healthcare for 30 million people. – but they have to buy insurance from bloated insurance companies that pay their top executives millions of dollars

      Rained [sic] in Insurance Companies – a bit of regulation in return for a nation of new customers.

      Financial Regulation of Banking Industry – no. It was Clinton that killed regulations and new regulations were compromised to be ineffective. Haven’t you heard that the banks are again gambling with derivatives?

      Killed Bin Laden – right. I got a great bridge in Brooklyn; it’s most probable that Bin Laden died of kidney failure years ago

      Courage to go after them in Pakistan. (Republicans did not) – another country invaded

      Got rid of Gadhafi in 6 months, 2 billion dollar cost, no American Lives. (Compare to Republicans 10 years in Iraq, trillion dollars, & thousands Americans lost) – Another country invaded. How many lives lost in Iraq and Afghanistan since Obama took over? Bet folks on Main St. would find better use for the $2 billion.

      Beat Republicans holding country hostage over debt crisis – puleezez. It was a draw.

      Ending Bush Tax Cuts for the Wealthy . ; 3 Trillion in deficit Reduction Super committee – Exactly what did the super committee agree to?

      Bringing Troops Home – well, actually, they were kicked out by Iraq; good thing too they’re needed for redeployment. However, left lots of mercen- oops, private contractors behind. Also, about 50,000 non-combat troops left behind i.e. medics for battlefield wounds and pastors (mostly Christian in a mostly Muslim country) right?

      Stabilized situation in Afghan (Republicans had abandoned) – I just see more troops, more deaths (I also count the Afghans and Pakistanis that are killed)

      Financial support to states and local governments for police & teachers. – including military supplies to police departs. Ya just gotta love the tanks rumbling down Main Streets.

      Slowed illegal immigration and deported more criminal illegal immigrants then Bush/Republicans. – Agreed far more people being held in detention centers w/o any rights. More people incarcerated for medical marijuana growing/usage.

      Protected Social Security and Medicare from Republicans. – but reduced the amount of SS money being collected so the so-called SS fund shortfall can be exploited later.

      Set back Iran’s nuclear program with software virus – really? I thought that was from Israel

      I’m getting tired of typing and the topic is depressing but I must point out that Bush invaded Iraq and Afghanistan. Obama continued in Iraq, expanded in Afghanistan, drone attacks in Pakistan and Yemen, boots on the ground in Libya, Saber rattling in Iran. Troops in Africa.

      Let’s not forget TSA and its sexual assault on those who don’t want to be exposed to more radiation and others picked at random, and the extension of the PATRIOT act, and indefinite detention of American citizens w/o charge, trial, or conviction.

      I don’t see any good option unless an independent leader comes forward. Both parties are totally compromised. Ron Paul is good on the anti-war bit but devastating on domestic policy. A good start to turning the country around would be the passage of Bernie Sanders proposed constitutional amendment that clearly states that corporations are not people. Followed by a complete house- (and senate cleaning).

  15. I am sorry but I do not know where Mr Turley thinks that liberals like Obama. They do not. I don’t know of any. They are very critical of him as he is of them. They do not see Obama as a liberal and never have. They saw his voting record before he ran and they knew then as they know now that he is a centrist Democrat. He never leaned toward the left but what he did was, he deceptively campaigned on liberal causes but never came through on those promises.

    Did he pass a stimulus package as large as liberal economists Paul Krugman, Joseph Stiglitz and Nouriel Roubini said we needed? NO
    Did he pass Cramdown (relieving distressed homeowners from having their homes foreclosed on by predatory banks) or a WPA-style jobs program (Gov’t jobs to work on our broken down infrastructure)? NO
    Did he even put a single payer health care plan on the table? Did he fight for a public option? (No! Instead we got the Republican watered down version, that the GOP has been putting on the table for the past 40yrs.)
    Did he reject the generals’ request to further escalate the war in Afghanistan? NO
    Did he shut down Gitmo, secret renditions, or domestic spying? NO
    Did he even begin to address immigration reform? NO
    Did he pass Cap-and-Trade or respond to the BP oil disaster by ending deepwater drilling? NO

    The people who love Obama are centrist Democrats. He has disappointed a lot of people who thought he had better leadership skills – not just liberals.

    1. I’ve been saying this but it seems most people insist on clinging to the two party political model.
      In that model you either are Right or Left; Republican or Democrat. There are no gradations; no other possibilities.
      So Obama- The Liberal. Now from my point of view; Obama is just left of Hitler. Of course I stand to the left of center……..well Ok.. I stand to the far left of center but I’m also somewhere off to the side as well. None of these political chamelions have it right. None ever will because it isn’t in the interest of their a-political Masters.

      But you have it right.

      I say; bup, bup; highly irregular; what?

      Good show though. Jolly good; what?

  16. Amerika is the complete model of the police state, and entirely fascist, maintaining the pretense of private property with all control in the state, waging wars to support the economy and presenting noble visions of Amerikan exceptionalism to justify its quest for global empire and domestic totalitarianism. Of course, anyone who believes Obama is anything but a frontman is delusional anyway. The US government must be destroyed before it destroys the world.

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