“No Further Action Will Be Taken”: Officer Who Fatally Shot Ashli Babbitt Cleared of Any Wrongdoing By Capitol Police

Ashli Babbitt (Twitter)

Yesterday I wrote a column in the Hill about the FBI reportedly finding no evidence a planned insurrection at the Capitol on January 6th. In a related story, the Capitol Police has now entirely cleared the still unnamed officer who shot and killed Ashli Babbitt despite her being unarmed.  The decision was marked by the same lack of information that characterized an earlier decision from the Justice Department. There is little media coverage of the obvious disconnect in the handling of this shooting and other uses of force against protesters in recent riots. Even law professors are largely silent on the implications of a finding that the shooting of an unarmed protester is justified.  Babbitt seems to be treated as “fair game” because she was part of the January 6th riot.

Babbitt, an Air Force veteran, was a decorated security forces controller who served multiple Middle East tours from 2004 to 2016

A memo from the commander of the Capitol Police’s Office of Personal Responsibility simply says “no further action will be taken in this matter” after the officer was exonerated for use of force. However, there are very troubling questions about the shooting, as previously discussed.

Not only was there no claim that Babbitt was believed to be armed, but there were officers directly behind her and in front of her at the time. As I noted earlier, if the officer intended to shoot Babbitt, it would not likely meet the standard for a justified shooting under governing cases like Tennessee v. Garner (1985). If the officer fired blindly or wildly, it would appear to have many of the same negligent elements as the Wright shooting.

I was highly critical of the maddening findings of the Justice Department in the case. In rejecting charges, the Justice Department statement notably does not say that the shooting was clearly justified. Instead, it noted that “prosecutors would have to prove not only that the officer used force that was constitutionally unreasonable, but that the officer did so ‘willfully.’”  It stressed that this element requires a showing of “a bad purpose to disregard the law” and that “evidence that an officer acted out of fear, mistake, panic, misperception, negligence, or even poor judgment cannot establish the high level of intent.”

Violent riots are unfortunately common today in cities ranging from Minneapolis to Portland to Washington. The use of live rounds however have never been authorized absent a particularized showing of a significant threat to an officer or others. Nothing in the announcement in the Babbitt case answers how such a showing was made by the officer. Will the media support local police using live ammunition to break up the next violent riot? We have seen protests turned into riots repeatedly in the last few years, including racial justice protesters taking over police stations and city hall buildings. Officers did not use live rounds when protesters broke through doors of police stations or a city hall. They did not use live fire when protesters were breaking through windows and barriers to burn down police buildings. Will the Babbitt standard now apply?

Reasonable people could disagree on the shooting. I fail to see the justified basis under controlling legal standards but I may have the bias of a criminal defense attorney. What I object to is the absence of specificity in the facts and answers to satisfy the standards under cases like Tennessee v. Garner. Instead there is a conspicuous use of conclusory analysis to dismiss the allegations. There is also the general lack of interest in the media and in academia on the implications of these decisions to clear the unnamed officer.

242 thoughts on ““No Further Action Will Be Taken”: Officer Who Fatally Shot Ashli Babbitt Cleared of Any Wrongdoing By Capitol Police”

  1. Michael Byrd, the officer who shot Ashli Babbitt, was interviewed on NBC last night:

    For everyone who has been calling for his name (which was already circulating online), now you have confirmation of his name.

  2. USCP Completes Internal Investigation into the January 6 Officer-Involved Shooting
    August 23, 2021
    Press Release

    After interviewing multiple witnesses and reviewing all the available evidence, including video and radio calls, the United States Capitol Police has completed the internal investigation into the fatal shooting of Ms. Ashli Babbitt, which occurred in the Speaker’s Lobby on January 6.

    USCP’s Office of Professional Responsibility (OPR) determined the officer’s conduct was lawful and within Department policy, which says an officer may use deadly force only when the officer reasonably believes that action is in the defense of human life, including the officer’s own life, or in the defense of any person in immediate danger of serious physical injury.

    The officer in this case, who is not being identified for the officer’s safety, will not be facing internal discipline.

    This officer and the officer’s family have been the subject of numerous credible and specific threats for actions that were taken as part of the job of all our officers: defending the Congress, Members, staff and the democratic process.

    The actions of the officer in this case potentially saved Members and staff from serious injury and possible death from a large crowd of rioters who forced their way into the U.S. Capitol and to the House Chamber where Members and staff were steps away. USCP Officers had barricaded the Speaker’s Lobby with furniture before a rioter shattered the glass door. If the doors were breached, the rioters would have immediate access to the House Chambers. The officer’s actions were consistent with the officer’s training and USCP policies and procedures.

    On April 14, the U.S. Attorney’s Office for the District of Columbia announced it would not pursue criminal charges based on insufficient evidence. The case was investigated by the U.S. Attorney’s Office for the District of Columbia and the Metropolitan Police Department. The administrative investigation was launched after the criminal investigation was closed.


  3. The issue is transparency. There is a large part of the country that has lost faith in government institutions. Government needs to be transparent about how they reached this conclusion instead of saying trust us. Are large part of the country doesn’t and this lack of transparency does not foster trust.

  4. Why don’t we just run the mental exercise of flipping the races here.

    What if Ashli Babbitt were black and Capital Police Lt. Michael L. Byrd were white? Does any non-TDS afflicted observer out there think for even one second that this sad tale would not have taken a vastly different direction if a white Capital Police officer intentionally shot and killed an unarmed black female protester?

    Add one more flip, just as a mental exercise. Imagine the fallout if the political majorities in the House and Senate were reversed such that the Republicans wre in charge of both sides of the Capital and their white Capital Police officer shot and killed an unarmed black female protester. Does anyone with a mental capability even half that of The Big Guy occupying the White House think events might have evolved just a little bit differently?

    If this had gone down with the victim/cop races and Congressional Majority political partys reversed, I would bet my bottom dollar that the Capital along with large parts of DC would still be burning, even after more than eight months.

    1. Thank you Dilbert, I thought the same thing. Now after watching Michael Byrd’s interview on NBC officer Byrd admits, on his own, he couldn’t see Ashli Babbitt’s hands, a backpack or what her intentions were. Earlier in the interview he said she was climbing thru a window with her hands an seen in the circulating video of him shooting her. Seems officer Byrd lied in his NBC interview, of course Holt let it slide but I’m sure Babbit’s widower and attorney caught it. Clearly officer Byrd was let off, NOT bc he’s innocent, but bc he’s a black man who shot a ‘Trump supporter’. The Marxist running the DOJ now aren’t interested in the ‘rule of law’ but rather applying their ideological politics to those whom they hate!

  5. On a positive note for President Biden, the disaster in Afghanistan has taken Hunter’s video with the prostitute and the Biden family corruption crisis out of the news.

  6. Thank You people from Alabama for yesterday!!!

    Keep telling these Tone Deaf B*stard to Go To Hell & Boo them off the stage! Can you hear us Trump/Mo Brooks?

    Shove your mRNA Gene Therapy Death Jabs & your 2020 US Election Fraud up your azzes!

    It’s 2020 Clear now, today Judge Roy Moore was the Man Trump should have Backed for Al Senate before!


    Gee, I wonder what their “Expert Advisers” tell Trump/Mo Brooks to say tomorrow to Piss us Supporters Off.

    Just let this & that other Trump/Vaccine video replay & sink in.

    Massive crowd show up ready to be supportive & leave Pissed. Way to go guys.

    1. August 23, 2021 at 12:37 AM
      Your comment is awaiting moderation.

      I’m posting a new video right now from the Aussies telling their polecats to go p*ss up a rope… likely going worldwide soon.


      I have put together a video report with messages from various truck drivers, as well as footage from the “snap protest” in Sydney.

      ( edit Not for some)

      This is from our Rumble channel, and it should be up on our Bitchute channel eventually as well.


    2. I’ve already explained to you, along with a link to the definitions page from the FDA, the difference between a vaccine and gene therapy. But, you keep repeating the lie that a vaccine is gene therapy, so you are lying and spreading misinformation. Your posts should be removed.

  7. Even the corporate media and foreign governments, the World, are very upset about Biden’s massive blunder in Afghanistan.


    I wish they would take a look at what he is doing to this country. It’s much worse.

    We could have done better if they cheated to make a Mummy President.

    Maybe they did.

    In the alternative, perhaps he is a Disney Animatronic. We will know if they forget to put his eyes in before a news conference and we can see through the holes to the back of his skull.

    What a way to run a country.

    1. The audacity of Biden’s premature evacuation, as Obama before him for political progress. Catastrophic anthropogenic immigration reform (e.g “refugee crises”) with democratic gerrymandering and collateral damage is a given. The question is if his choice is a first-order forcing and segue to another world war, this time focused on central Asia, involving the abundance of conventional and nuclear powers and billions of people… persons in proximity.

      1. N.n, Absence of a strong America is new. To an unknown degree it injects instability into the entire world and its nearly impossible to predict what might happen, maybe something with Iran or Taiwan, even Vietnam. Maybe Greece.

        Bismarck once speculated on what might cause a big European war, ‘some damned fool thing in the Balkans, I suppose.”

        It was a damned fool thing in the Balkans but it wasn’t a European war; it was a world war.

        That is only a paraphrase of Bismarck from memory, but you get the idea.

        1. Afghanistan is a potential fulcrum that intersects with China, India, Iran, and Russia. This is not Libya for oil reserves with an ambassador sodomized and other Americans aborted and catastrophic anthropogenic immigration reform (e.g. refugee crises) ostensibly for social progress. This isn’t even South Africa to claim control and redistributive change of mineral resources. There is far more at stake in this nexus of civilizations, technological powers, and billions of human lives, people… persons.

    2. Under Trump, 4 years without a war, the Abraham Accords Peace Agreement between UAE and Israel – the supposedly impossible deal, 4 ME peace deals…

      The Left has normalized mean rhetoric against conservatives. Throw Grandma off a cliff, etc. That’s all fine. Yet when Trump was mean right back at them, it was like the sky was falling.

      I can’t even say we have retuned to civility. Perhaps normalcy, as we’re back to the Left in the White House calling conservatives “Neanderthal thinking”, etc.

      A toddler girl was trampled to death in a panic at the Kabul airport. That never should have happened.

      1. Uh, Karen, the war in Afghanistan was going on while your hero was in office. He made noise about ending the war, but did nothing, including planning for the end.

        The so-called “Abraham Accords” were a nothingburger–a phony story to make Trump look successful–probably to thank him for moving the US Embassy to Jerusalem, intended as a symbolic middle finger to the Palestinians living there. It involved formalizing trade flowing between Israel and UAE and Bahrain that had already been going on for a long time. It was nothing but a PR stunt. Israel and UAE and Bahrain were NOT in hot conflict with one another, so it wasn’t a “deal” for peace” at all. What war had Israel and UAE and Bahrain been fighting? None. So, all of the overblown compliments about this “impossibleagreement” are more Trump puffery and bullsh*t. Yet, you will still believe.

        As a Trumpster disciple, you are not a conservative. This has been explained to you several times. Trump is abnormal, and his lifestyle and lack of values conflict with conservative values and principles. Besides being a narcissist and sociopath, Trump is a chronic liar, a serial cheater on all 3 (so far) of his wives, he got sued thousands of times for refusing to honor his contractual obligations, he is a misogynist, a racist and xenophobe. He is unpatriotic–calling our service members “suckers and losers”. He mocked John McCain, who was in a POW prison after his plane was shot down while Trump was grabbing pussies, golfing, and enjoying life while avoiding the draft with a fake diagnosis of nonexistent bone spurs. True conservatives find Trump repulsive. Those who identify with Trump are not conservatives. The things Trump stands for are un-American.

        The child who died at the airport died because of panic. As it turns out, thousands of those storming the airport are not entitled to a Special Immigrant Visa because they had nothing to do with helping Americans. They just would rather live in the US, and they are the ones panicking and causing panic, because they know they aren’t entitled to fly out of Afghanistan and want to get out while the getting’s good, taking advantage of the large crowds and insufficient time to vet everyone first. Some of those Afghans who ARE entitled to the visas have had applications for SIVs pending for more than 18 months–turns out Stephen Miller, who is a xenophobe and anti-Muslim, took steps to slow down the processing of these applications. Yes, her death never should have happened, but it’s not Biden’s fault. It would not matter when or how people started leaving Afghanistan because the same thing that is happening would have happened anyway because so many Afghans want out. So, why did their army just fold and let the Taliban take over, and why is everyone trying to blame Biden for this mess?

  8. Link To Reuters story In Turley’s ‘Hill’ Column:


    The above piece contains this paragraph:

    “FBI investigators did find that cells of protesters, including followers of the far-right Oath Keepers and Proud Boys groups, had aimed to break into the Capitol. But they found no evidence that the groups had serious plans about what to do if they made it inside, the sources said”.

    This contradicts ‘no’ commonly reported spins from mainstream media. Which has reported all along that the rioters lacked any plan beyond storming the Capitol. That is, in fact, ‘why’ the insurrection died-out: ‘Rioters had no plan of what to do if they made it inside’.

    Rioters assumed, perhaps, that Trump had a plan. In any event, the Capitol siege alone was shockingly disruptive.
    Our ability to conduct free and fair elections is now seriously in doubt. That was never the case before. We’ve now crossed a threshold that was unimaginable not long ago. So Turley’s effort to minimize the impact is scarcely reassuring.

    1. Pelosi, Schumer et al were responsible for the riot, denied an executive offer for crowd control, forced by the elective abortion of an unarmed woman in a prone position surrounded by security officers, then pulled the rug out from the people assembled. Followed by more than two trimesters of a press braying, media misinformation, depraved indifference, civil rights violations, and affirmative action to stoke diversity and adversity for democratic leverage. Some, Select [Black] lives Matter

        1. Yes, there is no mystery in conception following a man and woman who have sex. Unlike people who subscribe to the Pro-Choice religion, denying life deemed unworthy of life through elective abortion (i.e. premeditated murder) of a human life precipitates a progressive path and grade with diverse precedents and millions of lives in collateral damage, perhaps billions with modern technology. The nominally “secular” religion denies women and men’s dignity and agency, and reduces human life to a negotiable property in a wicked solution to a purportedly hard problem.

    2. “Our ability to conduct free and fair elections is now seriously in doubt.”

      Our ability to conduct free and fair elections came into doubt in Nov 2020 when Democrats used the pandemic as an excuse to ram through unprecedented changes in rules governing use of absentee ballots—changes that no state legislature had time to evaluate or prohibit. Hundreds of millions of dollars of dark money from Big Tech helped Democrat pull this off. No signature verification in many states, curing, secrecy, etc. Democrats know their behavior was egregiously wrong, hence the lengths they go to to try to criminalize anyone who dares question the election.

      1. That’s Right.

        I’m posting a new video under a thread I’ve been up on right from the Aussies telling their polecats to go piss up a rope… likely going worldwide soon.

        1. The Aussies made a fatal mistake when they employed the military to trap people in their homes, or within a 3 mile radius. It doesn’t matter if you’re 3 miles from home, or 30. The virus rarely spreads outside.

          There was a tragic story of an Australian woman who was denied permission to stay with her daughter, while she battled cancer. Her daughter was married, with 2 small children. She had been in and out of the ER, and they needed not only her mother’s emotional support, but her help with the children. She promised to quarantine and obey all Covid restrictions.

          The government told her no, because she already had one caregiver, her husband. I guess her kids were out of luck.

          From an epidemiology standpoint, ignoring the civil rights issue, if she moved in with her daughter, then that household was her “bubble”.

          Imagine a government telling you that you are not allowed take care of your daughter or grandchildren while she fights cancer.

          Not allowed.

          That will generate unrest.

          1. ” Imagine a government telling you that you are not allowed take care of your daughter or grandchildren while she fights cancer. ”

            Karen that’s why wife & I had one of the lawyers we use draw us both up a “Medical Directive, MD” . I reco everyone that can should have one made up & at least give it to their personal doctors.

            I think wherever one is at the time the docs & hospital are not Dictators & have to allow you in with that MD when it’s called for.

            That said thy latest charts I’ve seen from countries like Israel, mostly 90/95 %,Covid 19 jabbed twice new cases are blowing through the roof.
            On the other hand where 80% or so have not taken the covid19 jibs, covid19 outbreaks are at or near zero.

            Except here in this state, evil sure would lie to us, change the stats would they?

            Regardless people are still getting sick & worst in the fall winter as they always have. So the docs/scientist I’m hearing are reco’ing everyone at least still stay up with the docs that are having success, like Vit C, D3, Zinc with a driver to push it into the cells like HCQ. I’m using Vit A for now as a zinc driver, & Ivervarcent & a zpack. We all have to keep in touch with Docs that know how & what it takes to stay health.

            I think a lot of Hospitals/etc., have protocols for care that keep failing not like those above.

            Ck around on that banned.video , it has links to many of these type doc.

            If we make it to late spring/early summer next year those of use left will being seeing the resulting info from the Jabbed & Non Jabbed.

    3. It’s almost as if they had no plans to overthrow the government, rather than broadcast their pique. However shall we tell CNN, Biden, et al?

      1. Karen: more of your “we vs. them” mentality is showing. You Trumpsters are in the minority in this country. You and the Republicans, and the Trumpsters are not in charge, and therefore not in a position to “tell” CNN, Biden or anyone else anything.

    4. Trump told them he’d be with them at the Capitol-a lie, as usual. All of these people who have testified in court told the judge they were following Trump’s orders. It’s not unreasonable to assume that they believed their grand leader would take over and lead them once they breached the Capitol and stopped the certified votes from being entered into the Congressional Record. Their goal was to stop the votes from being accepted, and that worked–temporarily. But, after they got to the floor of the House, they either had to start murdering or kidnapping members of Congress, lynch Pence, or give up and go away. The brave Capitol Police staved them off until members of Congress had a chance to get to safety. But for delaying their progress, we might all have learned just how far their devotion to Trump would go. There are reports that some of his followers who were just outside D.C. (which has a strict ban on carrying weapons), had a cache of weapons ready to go. I don’t doubt that some of them were capable of murdering Pence and members of Congress. That’s why devotion to him is so baffling–why the unflappable adoration of someone who is so arrogant and mean? Social scientists say that it is pent up frustration by white, non college educated people who resented Obama and his successful presidency, and who feel threatened by college educated women and minorities plus the influx of immigrants.

      You have to understand Trump’s mental illness to see the big picture here. Those present said he was watching the insurrection unfold on television, transfixed by the extent of the love of his followers and the power he wielded. That’s why he let it go on for hours. That’s why he told them, after they left, that he loved them. He is one sick, twisted individual. But, his ego got a huge fix after he got drubbed by the American people. But, he needs more–so the vainglory rallies. How anyone fails to see this for the outrageous display of narcissism that it is is beyond me. Has any US President ever done this?

  9. Whether or not the officer is punished, why can’t his name be made public? Isn’t that what is done in such cases?

    1. lysias, his name can’t be made public because people like you would send him death threats.

      1. Anonymous:

        Then why are the names of police officers released who are involved in use of force with a black suspect?

        1. Karen,

          “ Then why are the names of police officers released who are involved in use of force with a black suspect?”

          Because not all police precincts and departments have the same policies. Plus those who ARE charged and fired are no longer bound by department policies.

          If there were no charges and there are Union rules to follow the DC police officer’s name was not required to be released.

      2. Oh my…..Death Threats to a Killer….we mustn’t trigger him by something said on the the Internet should we?

      3. People like me? Just because I question why this officer’s name has not been released, that makes me like people who make death threats?

  10. The problem here is the total lack of transparency. In many other shootings, there is a full disclosure of the evidence behind the decision. The lack of any statement that it was actually justified is troubling.

    First we were told the Jan 6 rioters killed a cop. That wasn’t true.

    Then we were told it was a planned insurrection. That doesn’t seem to be true.

    We were told they were seditionists trying to overthrow the government. That wasn’t true.

    We were told Republicans coordinated the attack and Senators let them in. That wasn’t true.

    We were told AOC was nearly raped and murdered. She wasn’t even there where it happened.

    We were told walls were xenophobic. Then a wall went up in DC.

    We’ve been told a lot of things.

    1. “The lack of any statement that it was actually justified is troubling.”

      They released a statement.

      “We were told they were seditionists trying to overthrow the government. That wasn’t true.”

      It was true for some of them, including the ones looking for Mike Pence to hang him on the gallows they erected outside.

      “We were told AOC was nearly raped and murdered. She wasn’t even there where it happened.”

      Just “where” are you referring to? The entire House was in the chamber until they were ushered out by LE because of the people breaking into the building. The entire Congress was meeting in a joint session to certify the Electoral College vote, and they’d temporarily adjourned separately to the House and Senate to discuss a motion.

      “We’ve been told a lot of things.”

      Yes, and some are true and some are false. Just like you say some things that are true and some that are false.

      1. Anonymous:

        Perhaps read Turley’s post a bit more closely:

        “Not only was there no claim that Babbitt was believed to be armed, but there were officers directly behind her and in front of her at the time. As I noted earlier, if the officer intended to shoot Babbitt, it would not likely meet the standard for a justified shooting under governing cases like Tennessee v. Garner (1985). If the officer fired blindly or wildly, it would appear to have many of the same negligent elements as the Wright shooting.

        I was highly critical of the maddening findings of the Justice Department in the case. In rejecting charges, the Justice Department statement notably does not say that the shooting was clearly justified.

        Perhaps you should spend a few minutes researching where AOC was during the riot. She wasn’t even in the building. She’s already been panned for claiming she was nearly raped and murdered. She added the fear of sexual assault after a while.

        What evidence do you have that the Jan 6 rioters were trying to seize control of the government, instead of simply protesting and disrupting? How were they going to take permanent control of Congress, the White House, and SCOTUS? Or even any of the branches? All they did was run amuck.

        Again, read Turley’s post. Your statements make it sound like you have not.

      1. Anonymous:

        Are you asking me to do your own research that AOC was not in the building when the Jan 6 rioters broke in? If I do, will you accept these facts, or shall I simply waste time providing to you what you could easily get yourself?

        AOC was widely panned for saying she was nearly raped and murdered when she wasn’t even in the main Capitol building; she was in her office in the Cannon building. A Capitol police officer knocked on her door to inform her and her staff of the situation, which surprised her as she was on her phone figuring out lunch. That knock was the traumatic moment where she (weirdly) thought she would be raped and murdered. But the protesters were not there.

        She’s parlayed hearing about the riot into nearly dying.

        Yet she does not seem able to understand how business owners felt, hearing about BLM rioters burning down businesses, assaulting and robbing people, and looting stores, and fearing for their safety and livelihoods. The same politician who thought defund the police was justice sure worried about her safety, and wanted that armed security, when she heard about a riot. Yet she egged on BLM rioters, and pledged to pay their bail.

        The hypocrisy just soars right over her head. Like everything else, including garbage disposal operation. (Hint, you flip a switch.)

        1. Karen,

          AOC was not in the Capitol building. What is NOT true is the claim that she claimed to be in the Capitol building. She never made that claim.

          Right wing pundits and media falsely reported that she made the claim that she was in the Capitol building. That’s what “you’re hearing”.

          It seems you need to take some of your own advice research the claim instead of just relying on what you’re “hearing”.

      2. Karen, let’s see a reliable source
        When ever anonymous realizes he’s been caught on the wrong side of the facts he demands others do the work he can’t intellectually undertake.

        1. Actually it’s just an attempt to real someone back to Earth 1. Anonymous already knows such information doesn’t exist.


  11. “I will fight hard to stamp out sexual assault, to rid our ranks of racists and extremists, and to create a climate where everyone fit and willing has the opportunity to serve this country with dignity. “The job of the Department of Defense is to keep America safe from our enemies. But we can’t do that if some of those enemies lie within our own ranks.”
    -Defense Secretary Lloyd Austin, January 2021

    Mr. Austin spent too far too much time fighting to stamp out the Biden regime’s domestic political enemies – people like Ashli Babbitt – and not enough time fighting our nation’s true enemies like the Taliban. Following his boss’ lead, Austin’s underling Mark Milley spent his time trying to understand ‘white rage.’ What about Taliban rage, General?

    Gentlemen, have you both forgotten American Airlines Flight 77, which was highjacked by actual Taliban supported terrorists and succeed in destroying a large part of the Pentagon? Or United Airlines Flight 93, which was highjacked by still other Taliban-supported terrorists hell-bent on destroying the Capitol? A mission that was thwarted, not by military apparatchiks like yourself, but by heroic American citizens like Todd “Let’s Roll” Beamer?

    Austin and Milley utterly failed in their mission to protect our nation from the Taliban. But we can all sleep better at night knowing that Austin and Milley and their ilk will never shirk from their duty to protect the ruling class from unarmed 105 pound women like Ashli Babbitt. All while managing to strip our armed forces, and our nation, of their dignity on the world stage. Imbecilic, to quote Tony Blair. Both men should resign immediately.

    Remember Ashli Babbitt. January 6, 2021.

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