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Air Strike Hits Electrical Substation In Russian City Near Border With Ukraine

Upon the initiative of the President, the Congress may, in the same manner, extend such proclamation or suspension for a period to be determined by the Congress, if the invasion or rebellion shall persist and public safety requires it. ” It also enumerates in para. Under this section, training may include “operations or missions undertaken. However, in times of an emergency such as war, rebellion, or natural disasters, these rights may be temporarily suspended, and martial law is established to maintain the society. “If that’s the malcolmmackillop case, if they genuinely believe that, they fundamentally fundamentally do not understand their own people,” Blinken said. Banks noted that the civilian in charge of the military — in this case, Defense Secretary Mark Esper — is the key to ensuring the military is kept out of the 2020 elections. He was born and raised in Hawaii. I was caught up in a martial law situation a few years ago. For more information about what life is like for civilians under military law, check out: After Pearl Harbor, Hawaii Spent Three Years Under Martial Law. Source: FDA News Release. The limited Supreme Court precedent on martial law is old, vague, and inconsistent. The Supreme Court has never clearly stated whether the federal government has the power to declare martial law, and if so, whether the president could unilaterally declare it or whether it would require congressional authorization. Constitution, which forbids the military from intervening in public affairs, with the exception of a rebellion or situation in which public safety is significantly at risk. When a client is detained for any reason, including a violation of a state law or local ordinance, the client needs their criminal lawyer to make sure that the police don’t violate any habeas corpus rights in their detention and criminal proceeding. The law governing states’ use of martial law is comparatively simple. For instance, if I were suddenly asked, to pose a given situation, to decide in five minutes when and where to suspend the privilege of the writ of habeas corpus, I have decided that there should be at least five questions that I would ask, and depending on the answers to these five questions, I would know when and where to suspend the privilege of the writ of habeas corpus. No such treaty, except for the “Big Lie” that Hawai’i is a part of the United States. The real problem is people like you who seek entitlements because of what happened in the past. Footnote21 clokcnq 21 Mark E. Governor Brigham Young declared martial law in 1857. This led to a series of conflicts known as the Illinois Mormon War. 7 The Law has resumed the labour monitoring and inspection rights of the state during martial law. Section 252 allows the president to deploy troops without a request from the affected state — indeed, even against the state’s wishes — in order to “enforce the laws” of the United States or to “suppress rebellion” whenever “unlawful obstructions, combinations, or assemblages, or rebellion” make it “impracticable” to enforce federal law in that state by the “ordinary course of judicial proceedings. After Jackson relinquished control of New Orleans back to its civilian government, the local federal district judge held him in contempt of court, fining him $1,000.

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El Salvador’s president has taken over the government and installed martial law

6 prohibiting any resisting activities against the enforcement of the martial law. 1 persons who engage in unlawful assembly, procession, demonstration or other mass activities;. Throughout history, martial law has been imposed at least 68 times in limited, usually local areas of the United States. One instance was in 1941. If David defeated Goliath with a sling shot and a rock ,,,we we can defeat the enemy. Martial law shall be canceled if Parliament does not approve the presidential edict for declaration extension of martial law within 48 hours after it has convened. In China, martial law in the Beiyang government could be dated back to the final year of the Qing dynasty. The changes go into effect for the June 2023 promotion month. When Dorr rallied his supporters to assert their authority by force, the Rhode Island General Assembly declared martial law and called out the state militia to suppress the rebellion. The potential for Trump’s invocation of the act also came up amid the unrest last summer during racial justice protests. I dont like guns so i dont have one. 243 1864, the Court had held, while war was still flagrant, that it had no power to review by certiorari the proceedings of a military commission ordered by a general officer of the Army, commanding a military department. 281; and 1871, 17 Stat. Archives are organized by Record Group RG, which is then broken out by ARC identifier numbers. 228 Ex parte Milligan, 71 U. 1081 be officially signed on a date that was divisible by seven. Troop activation is authorized. This option is similar to the previous example, but by creating a secret room or by adding built in cabinets into the walls, you’ll have a doorway that provides easier access. Declaring martial law also does not suspend the Constitution, and the military has no role in administering elections.

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By the end of January 1970, Enrile, with the help of Efren Plana and Minerva Gonzaga Reyes, submitted the only copy of the confidential report on the legal nature and extent of Martial Law to Marcos. In January 2004, the Prime Minister of Thailand, Thaksin Shinawatra, declared a state of martial law in the provinces of Pattani, Yala, and Narathiwat in response to the growing South Thailand insurgency. By Gaiane Nuridzhanian. “245 And the adherence of the United States to the Charter of London in August 1945, under which the Nazi leaders were brought to trial, is explicable by the same theory. Vyacheslav Gimadi, an attorney for jailed Russian politician Aleksei Navalny’s Anti Corruption Foundation, expressed skepticism over Putin’s statement. In the midst of the trial, the accused petitioned the Supreme Court and the United States District Court for the District of Columbia for leave to bring habeas corpus proceedings. 251 In Rasul, the Court noted that the Guantanamo petitioners were not citizens of a country at war with the United States,252 had not been afforded any form of tribunal, and were being held in a territory over which the United States exercised exclusive jurisdiction and control. , discarding their uniforms upon entry, for the commission of hostile acts involving destruction of life or property, have the status of unlawful combatants punishable as such by military commission. These include constitutional provisions empowering Congress to call out the militia for suppressing insurrections and repelling invasions, and acts of Congress authorizing the president to employ the army, navy, and militia to put down insurrections against federal or state authority. On the same day, the Verkhovna Rada Ukrainian legislature approved the presidential decree allowing imposition of the legal regime of martial law for a period of 30 days. With the last time being in 1940 when the Oklahoma governor invoked martial law in an effort to prevent operation of the Grand River Dam, according to the Brennan Center for Justice. First, all well trained military personnel understand that the duty to follow orders is limited to legal orders. Qualified martial law is generally proclaimed when state and local law enforcement cannot control issues riots, looting, strikes, protests that have arisen due to an emergency. Constitution or act of Congress. Former acting Attorney General Jeffrey Rosen, and Stephen Engel, a former official in the DOJ’s Office of Legal Counsel, testified before the House January 6 committee last month that Trump had raised the question of whether DOJ would file an election lawsuit with the Supreme Court and had a draft lawsuit sent to the Justice Department. Dan Kitwood/Getty Images. Capitol, Trump said that he’s focused on “ensuring a smooth, orderly and seamless transition of power” and that “a new administration will be inaugurated on Jan. Two popular options for Russians fleeing Mr Putin’s regime are Georgia and Armenia as they do not require a visa to live and work. Jesus Christ our Lord. Martial law was declared first in 1947 in Taiwan Province after the February 28 incident, then again in 1949 as the Chinese Civil War was also raging across the country despite the democracy promised in the Constitution of the Republic of China the central government refused to implement the constitution on Taiwan until after 1949. One might also argue that the Kosovo intervention was authorized retroactively by a congressional appropriation of funds to continue military operations. Or if things simply continue to go down the path they are going.

Words related to martial law

By the end of January 1970, Enrile, with the help of Efren Plana and Minerva Gonzaga Reyes, submitted the only copy of the confidential report on the legal nature and extent of Martial Law to Marcos. After you’ve cut and finished off your stair cache to your satisfaction, panel that wall. The President justified his action on the ground that there was a substantial likelihood of domestic violence because state authorities were refusing to protect the marchers. Post independence, martial law has never been invoked in any place of India till date, but emergencies have been proclaimed. Mijares also claimed that the ammunition planted by the Presidential Guard Battalion in Digoyo Point, Isabela—which was later confiscated by the Philippine Constabulary on July 5, 1972—was used to connect the ambush with alleged Communist terror attacks. Each evening at 1830 UTC, DW’s editors send out a selection of the day’s hard news and quality feature journalism. “uestions of extraterritoriality turn on objective factors and practical concerns, not formalism. 253 In addition, the Court found that statutory grounds existed for the extension of habeas corpus to these prisoners. 2 Hale, History of the Common Law, p. Under §1292b, the district court judge must first certify that the request to appeal an interlocutory order to the Ninth Circuit has met certain elements. Many of them are now in their senior years, like me, so a museum is not for me, I lived through it. The Enrile ambush as pretext for Martial Law. There are very specific rules for use of force by military personnel. No federal statute or U. Our source for this is Dr. “What are the allowable limits of military discretion,” the Court wrote, “and whether or not they have been overstepped in a particular case, are judicial questions. ” footnote2 8k3uslb 2 Sterling, 287 U.

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“We’re introducing martial law on the whole territory of our country. Legislation that has far reaching implications for millions of Americans deserves to be considered under a more democratic process. According to Professor Oppenheim, once recognition of a State is granted, it “is incapable of withdrawal” by the recognizing State. Sign In or Create an Account. And she took back almost all of her claims in an April 30 newsletter “clarifying” her position. But after just five years in exile, the family returned and immediately began making their way back into political circles. “The emperor has no clothes. Of all the ideas floated out there, this one is the flimsiest, experts said. However, even under martial law, state officials are bound both by the U. This is what happened in Hawaii during World War II. In response to the September 11, 2001, terrorist attacks on New York City’s World Trade Center and the Pentagon in Washington, D. Some of the actions contemplated in these documents are blatantly unconstitutional, but presumably somebody at the Department of Justice who rubber stamped them was taking the position that there are inherent constitutional powers that the president has under Article 2 to take such measures. The precedents are also old: the most recent one — in which the Court overturned Harry White’s conviction — was decided almost 75 years ago. This holding has been ignored by states on numerous occasions. The governor sent in the National Guard to shut down the violence, which was successful for a while. The Insurrection Act is a federal law that allows the president to deploy military force to quell civil disorder, insurrection or rebellion. Seven years, because didn’t they didn’t want anybody in that job. But God gave His only begotten Son Jesus Christ, who died on the cross for all sin of mankind, ascended on the third day, sits at the right hand of God and will soon return to judge the living and the dead. Rumors circulated that martial law could only last for 3 months, after which it would either have to be lifted or a state of war declared. The Insurrection Act has been used in moments of civil unrest — the Civil War, desegregation battles, rioting following the Rev.

Reform the Insurrection Act

Vladeck, “The Calling Forth Clause and the Domestic Commander in Chief,” Cardozo Law Review 29 January 2008: 1091–108. Also, the president can declare martial law. Don’t forget: Back in December 2020, Axios’ Jonathan Swan reported that Trump officials were getting increasingly worried about the president’s perceived power grab. This means that Congress has created such a dense and comprehensive network of rules that anything the president does in this area that is not affirmatively authorized by statute is almost necessarily against Congress’s will. Grow vegetables and chill before you have a coronary. During the colonial era, martial law was proclaimed and applied in the territory of the Province of Quebec during the invasion of Canada by the Continental Army during the American Revolutionary War in 1775–1776. If the power is cut off or becomes limited, you are going to want things like battery powered fans, blankets, DIY heater supplies, and anything else that will help to keep you cool or warm. Related: 6 Times the Military was Used for Riot Control in the US. Medical exemptions, for example, require paperwork from doctors, but doctors in the country are currently preoccupied with patching up trauma victims. Billion pesos worth of property and ill gotten wealth was said to be acquired by Marcos’ consort, First Lady Imelda Marcos. 1959, aff’d sub nom Faubus v. But the cases have been prosecuted as murders because femicide is not recognized in Bosnian law. According to the official facebook page of the Ukraine State Border Guard Service, as of September 29 2022, this prohibition of border crossing remains in effect. Before invoking it, the president “must first issue a proclamation ordering the insurgents to disperse within a limited time, 10 U. After the Bush Administration responded to Rasul by permitting detainees to bring their petitions before military tribunals, the Supreme Court again addressed the matter in 2006 when they decided Hamdan v. LĀWA’I – The public is advised that Piko Road in Lāwa’i, from Kaumuali’i Highway to Kōloa Road, will be closed Sept.

What is an example of martial law?

We will win over everybody because we are Ukraine. Public demonstrations are banned under the legislation. Officials were worried that Trump could invoke the act to seize control of the city’s police department the day of the Capitol riot, but that didn’t happen. Habeas corpus was suspended federally only once in 1863 during the Civil War. All quotes delayed a minimum of 15 minutes. Usually, the term martial law refers to the military taking the place of civilian authorities. Com, we pride ourselves on being the number one source of free legal information and resources on the web. By this time, the United States’ second experience with martial law was already underway in Rhode Island. The last time that the act was used was in 1992, when riots in Los Angeles broke out after four white police officers were acquitted in the beating of Rodney King, a black motorist. “Danone considers that this is the best option to ensure long term local business continuity, for its employees, consumers and partners,” the group said in the statement. It does not explain the legal basis for martial law, its scope, when it may be declared, or who is authorized to declare it. Based on opposition by Congress, individual state Governors, law enforcement community, and absence of clarity on who even introduced these changes, the ‘Enforcement of the Laws to Restore Public Order’ law was repealed on January 28, 2008, based on Sen. 2 By the second theory, martial law can be validly and constitutionally established by supreme political authority in wartime. “Today each of you should keep calm. In any event, the Court rejected the jurisdictional challenge by one of the saboteurs on the basis of his claim to U. It started with the declaration of June 6 as a day of insurrection and this theme will continue as they try to smear conservative thought and demonstration and frame it as anti American. Chief among these are repealing the Insurrection Act, which lets the President put federal troops in our streets; repealing the National Emergencies Act, which gives the President enormous powers when he or she unilaterally declares an emergency; and overturning National Security and Homeland Security Presidential Directive 51, which gives the President even more powers after he or she unilaterally declares a “catastrophic emergency. This was an attempted coup. LessonCount lessons course. This might keep you safe for a day or two, but it’s a pretty dumb solution long term. As long as you’re on their side there with you and you can count on them they will die for you. When women and children flee alone, being separated from their male relatives makes them vulnerable to trafficking and heightens their economic and psycho social stress. What this would do: This is slightly different from martial law in that it’s an actual legal tool the president has that allows him to use the military in extreme ways. In the most recent hearing, former White House counsel Pat Cipillone discussed a rancorous meeting in which Trump’s outside legal team brought a draft executive order to seize the states’ voting machines. Nobody knows where it came from. These restrictions must serve a legitimate purpose Art. Relevant Presidential Proclamations or Executive Orders: NoneCivilians Tried by Military Tribunal. No religious test shall be required for the exercise of civil or political rights. The education system is a cornerstone of active citizenship. Both these powers are derived from the Constitution, but neither is defined by that instrument.

In Indonesia, a Rising Tide of Religious Intolerance

Trump often seemed more bluster than bite, and the Pentagon brass still believed that he did not want an all out war, yet he continued pushing for a missile strike on Iran even after that November meeting. Footnote15 33mg3s6 15 Duncan, 327 U. Pol’y113 2010Google Scholar; Prakash, Saikrishna, Unleashing the Dogs of War: What the Constitution Means by “Declare War,” 93Cornell L. When Dorr rallied his supporters to assert their authority by force, the Rhode Island General Assembly declared martial law and called out the state militia to suppress the rebellion. Martial law enforcing officers who, in violation of the provisions of this Law, abuse their powers and infringe upon and harm the lawful rights and interests of citizens, shall be investigated for legal responsibility in accordance with law. Woolley, The American Presidency Project. On July 2, the President appointed a military commission to try them for violation of the laws of war, to wit: for not wearing fixed emblems to indicate their combatant status. Supreme Court de facto. Footnote15 33mg3s6 15 Duncan, 327 U. United States, the 1944 Supreme Court decision that upheld the internment of Japanese Americans, each emergency power “lies about like a loaded weapon, ready for the hand of any authority that can bring forward a plausible claim of an urgent need. Martial law is when a military force takes control of a civilian government. Whether you’re thinking of joining the military, looking for post military careers or keeping up with military life and benefits, Military. Lincoln imposed the suspension on “prisoners of war, spies, or aiders and abettors of the enemy,” as well as on other classes of people, such as draft dodgers. McDaniel, who joined the WMU Cooley Law School full time faculty as a professor in the Constitutional Law Department in 2010, and developed an LL. 1 Article 336 of the Criminal Code stated. Policy decisions are made by military officers rather than elected officials. State officials do have the power to declare martial law, but their actions under the declaration must abide by the U. Millard Tawes imposed it on the city of Cambridge for more than a year in response to clashes between racial justice advocates and segregationists. However, there was much to be done to restore order.

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Many nations have measures in their legal codes which allow martial law to be declared. By pursuing a refund, Jackson hoped to set a precedent for, as one historian put it, “the legitimacy of violating the Constitution and civil liberties in times of national emergency. 1081, placing the entire country under Martial Law, placing the signing at around 3 a. ” footnote30 wwhpw3j 30 Quirin, 317 U. The president, congress, and state governors can declare martial law in the United States. Even here, however, professional human rights and humanitarian NGOs have been looking at the problem through a lens that makes it hard rather than easy to address: whether military conscription itself violates human rights. The precedents are also old: the most recent one — in which the Court overturned Harry White’s conviction — was decided almost 75 years ago. Menaces envers la sécurité du Canada. Sarah Sicard is a Senior Editor with Military Times. But no martial law was imposed. Asteroid destroys half of the United States. In short, martial law can be imposed when civil rule fails, temporarily being replaced with military authority in a time of crisis. It bears emphasizing that this conclusion is compelled partly by the Constitution and partly by federal law. The Insurrection Act is generally reserved for when “things are really bad,” Banks said. Neither group, however, drew enough followers to form a viable opposition until Marcos declared Martial Law. Martial law is the imposition of direct military control of normal civil functions or suspension of civil law by a government, especially in response to an emergency where civil forces are overwhelmed, or in an occupied territory. For example, a president may be authorized to declare martial law during a time of violent civil unrest, but only for 60 days. After the Nationalist led central government of China lost control of the mainland to the Chinese Communist Party and retreated to Taiwan in 1949, the perceived need to suppress Communist activities in Taiwan was utilised as a rationale for not lifting martial law until thirty eight years later in 1987, just prior to the death of then President Chiang Ching kuo. Much of Ireland was declared under martial law by the British authorities during the Irish War of Independence.

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The 34 year old former U. Source: White House Memorandum. Martial law is the substitution of a civil government by military authorities with unlimited powers to suspend the ordinary legal protections of civilian rights. Citizenship, finding U. Please choose below to continue. Many attorneys offer free consultations. Ukrainian foreign minister Dmytro Kuleba also addressed the situation, writing on Twitter: “Putin has just launched a full scale invasion of Ukraine. By clicking to subscribe, you acknowledge that your information will be transferred to Mailchimp for processing. Ultrabright Tactical Flashlight. Do you really need Obama to make an official declaration of martial law to consider your situation and start preparing. The military is not trained to use restraint and force like law enforcement is – they certainly can do that, but it is not their primary role, and it’s only to be used as a last resort. Maximo Soliven and Amando Doronila had already been rounded up, starting with the arrest of Senator Aquino at midnight on September 22, and going into the early morning hours of September 23, when 100 of the 400 personalities targeted for arrest were already detained in Camp Crame by 4 a. 18, 2020 6:24 AM, reads: “Under the Insurrection Act I have declared Martial Law. Further, the statute requires the President to remove all troops after 60 days if Congress has not granted an extension. Michael Luttig, a conservative lawyer and former appeals court judge. It seems to me that black people like you will never be happy until every last white person is dead. Much of Ireland was declared under martial law by the British authorities during the Irish War of Independence.


USNS Mercy departs Los Angeles after supporting DOD’s COVID 19 response efforts for a month and a half. It pursues this mission through multidisciplinary teaching, research, creative work, and outreach initiatives, prepares individuals to be competent, ethical, and responsive to local and global social realities. 6 committee in late 2021 before he decided not to cooperate with the panel. 4 The Government of the Philippines will assume all continuing obligations of the United States under the Treaty of Peace withSpainceding the Philippine Islands to the United States. ” This language is less clear cut than the Calling Forth Clause, but it certainly does not constitute a “conclusive and preclusive” commitment of power to the executive. In six states he lost, officials have found just a handful of incidents worth investigating — nowhere near the tens of thousand of votes Trump would need to overturn his loss. While there are a number of statutory exceptions to the Posse Comitatus Act, none of them authorizes the president to declare martial law, as part III of this report explains. It is unclear whether he ever saw the documents, which included proposals for National Security Agency involvement and extrajudicial control of the government. The Supreme Court has held that individual states have the power to declare martial law — and such a declaration is valid simply if it is authorized by the constitution or laws of the state. “They can try to change history, but they can’t. We are getting a lot of members on board. If I have to choose between my family and them. Yet, while governments do often have the legal authority to enact martial law, it remains a controversial issue because of the number of times that it has been used to suppress political opposition, and the frequency with which it causes more violence, such as during the protests of Tiananmen Square in 1989. Some defenses of independent presidential warmaking go back further, invoking pre Vietnam episodes that arguably show enhanced presidential power. Secondly, these measures must aim to ensure, as soon as possible, the return to regular functioning of public authorities. In any event, even if the necessity based exception articulated in Milligan were considered to be authoritative, it would be extremely narrow. Streets, scooping up voting machines and tossing anyone who objects before a military tribunal. An application for a writ of habeas corpus filed by.

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Martial law is even subject to judicial review when declared in any part of the United States. Constantin,233 where the Court made it very clear that “t does not follow. This comes days after Ukraine President Volodymyr Zelenskyy imposed martial law on the country after Moscow launched their military operation on the country. However, National Guard units, which take their direction from state governors, are exempt from the Posse Comitatus Act. Still, Trump himself seemed keen to the idea, telling Fox News host Jeanine Pirro that he would “put down very quickly” if they broke out after the election: “Look, it’s called insurrection. Vladeck, “Emergency Power and the Militia Acts,” 152n9. Initially, President Poroshenko signed a decree for martial law within the whole of Ukraine for 60 days; however, after 5 hours of deliberations, a less restrictive version was signed into the law by an emergency session of the Verkhovna Rada. In the early years of the Supreme Court, the American judiciary embraced the latter theory as it held in Luther v. Trump’s antipathy toward the career federal workforce may have been sealed on Inauguration Day, after a National Park Service employee retweeted Twitter messages comparing crowd sizes at the 2017 ceremony with those of the 2008 inauguration of President Obama. 109–148, § 1005e1 providing that “no court. Such appointment requires no confirmation. The country has used martial law in response to acts of war, natural disasters and during times of civil unrest. ” It was the last time the two of them spoke. The infrastructure for this endeavor is also ready, according to Yevgeniy Balitskiy, the Russian appointed head of the Zaporizhzhia regional administration. Unable to control the unrest, the Shah dissolved the civil government headed by Prime Minister Jafar Sharif Emami on November 6 and appointed General Gholam Reza Azhari as the prime minister whom ultimately failed in his efforts to restore order to the country. At the same time, a request was made for federal troops to back guardsmen.

The Night of the Declaration

William “Alfalfa Bill” MurrayTerminating Authority: Unclear. As in Section 252, the desires of the state are irrelevant. West Coast port walked off the job in order to support unionizing the industry. “Can you imagine what a group of people who are much more capable could have done. The powers of the Commander of the Joint Forces are determined by the Provision about the Joint Operational Headquarters of the Ukrainian Armed Forces, which is drafted by the General Staff of the Ukrainian Armed Forces and approved by the Commander in Chief of the Ukrainian Armed Forces on the submission of the Minster of Defence of Ukraine. Civil rights and freedoms are usually put on hold, meaning citizens may be subject to. Bradley and Jean Galbraith, Presidential War Powers as a Two Level Dynamic: International Law, Domestic Law and Practice Based Legal Change, Nyu L. The woman looked and then leaned back over him. As Smith later put it, “That was the moment when Milley realized that the boss might have a screw or two loose. Frank McLaughln, condemned the conduct of martial law, saying, “Gov. The Brennan Center gratefully acknowledges The Bauman Foundation, CS Fund/Warsh Mott Legacy, Democracy Fund, The Endeavor Foundation, Inc. Among other friends and relatives of Marcos who have enjoyed business successes over the last five years of martial law are. Q What happens if Martial Law goes into effect. United States 1943, a case involving a University of Washington student who was arrested for failing to report to a control center and for violating curfew, the Court evaded the relocation question and ruled that the government was within its authority in ordering curfews in the military areas.

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