Hewitt Sees Republican Coalition Crackup!

As he explains:

…there is rising anger among Republican activists and donors with the perceived dithering on judges in the Senate. It has been five months since the sweeping wins of November and three months since the Senate convened. But only one of the filibustered appeals court nominees has even cleared committee –a second might do so today– and despite Majority Leader Frist’s repeated declarations that he has the votes to end the filibuster, no clear schedule has been laid out that details when that vote will occur, and the MSM is doing its best to raise doubts about the reliability of Senator Frist’s 50 votes. Reports of compromise discussions and senators’ worries over “tradition” have become a staple of the political press.

The result is that the GOP is in real danger of alienating a significant slice of its activist base –a base that has gladly contributed to the campaigns of new senators John Thune, Saxby Chambliss, Jim Talent, John Cornyn, John Sununu, Norm Coleman, Lindsey Graham, Jim DeMint, Mel Martinez, Richard Burr, David Vitter, and Tom Coburn because it understood the need to add Republicans if the body was going to work. They gave to the individual campaigns and to the Senate Republican National Committee, and thousands volunteered long hours throughout the last two cycles.

Hewitt pooh-poohed the thought of the Republicans losing support because of substantive issues such as fiscal irresponsibility, excessive FCC fines and, coming soon, jail time for minor infractions of “decency,” McCain-Feingold, Sarbannes-Oaxley, Medicare prescriptions, whistling past the Social Security graveyard, or any of the other hubristic party-in-power lapses.

No, in Hewitt’s view, what is leading to this crackup is essentially a procedural matter in government. Whereas the non-rank-and-files Hewitt wouldn’t be sad to see leave the Republicans worried about the content of the party’s convenant with the country, Hewitt’s worried about a particular comma in the fourth paragraph.

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Government-Mandated Monopoly Hurts Consumers

Note the slant of the St. Louis Post-Dispatch headline: "Lifting of limits in Dallas could cost AA":

A push by Southwest Airlines to lift restrictions on its flights from Love Field in Dallas could cost American Airlines at least $250 million a year in revenue, including a 39 percent revenue drop on flights between Dallas/Fort Worth and St. Louis, according to an industry report.

You know, I think this increased competition would be good for consumers, you know, the little guy. But the St. Louis Post-Dispatch is not his champion; it’s the fierce cheerleader of government meddling in markets to benefit one company over another or over the citizen.

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Make Yourself a Punchline

Today’s lesson in how to make yourself a punchline in one lawsuit or fewer: "Woman sues store, claims she was attacked by bird":

A Centreville woman claimed in a suit filed Wednesday in Madison County Circuit Court that a bird attacked and seriously injured her while she was shopping at a hardware store in Alton.

Rhonda Nichols, 40, alleges in the suit that a bird flew into the back of her head while she was at the outside gardening area of the Lowe’s Home Center, 1619 Homer Adams Parkway.

Nichols is seeking damages against the store in excess of $50,000.

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Cause and Effect, and Ne’er the Twain Shall Meet

Shocking new AARP study: Harder to swallow: Prices for seniors’ brand-name drugs rising fast, study finds

Wholesale prices for brand-name drugs commonly used by seniors rose an average of 7.1 percent last year, far outpacing the general inflation rate, according to a study released Tuesday by AARP.

The association representing seniors found that the 2004 price hike marked the largest one-year increase relative to inflation in the five years that AARP has sponsored the study. The U.S. inflation rate, as measured by the consumer price index, was 2.7 percent last year.

“I don’t see how it can incite trust in drug companies when they’re seeing the same drugs going up in prices, so much higher than inflation, year after year,” said David Gross, senior policy adviser with AARP’s Public Policy Institute and one of the study’s authors. “It’s not like these are different or better drugs. These are the same drugs.”

What, oh what, could cause price increases?

Painkiller Bextra pulled from shelves
Chicago Law Firm Files Bextra Class Action Lawsuit Against Pfizer
Merck Announces Voluntary Worldwide
Withdrawal of VIOXX®

Idaho lawsuit filed against Vioxx
Schatz & Nobel, P.C. Announces Class Action Lawsuit Against GlaxoSmithKline plc
Wyeth to Pay $5.5 Mln in Two More Fen-Phen Cases
Indian passage of patent law slammed
US’ Largest AIDS Group Seeks Improved Access to Life-Saving AIDS Drugs in Mexico
Connecticut mulls drug reimportation
Pharmacists fault Maine drug reimportation plan

The obvious answer, to fAARP, is greed on the part of the pharmaceutical companies, not the increased costs of business spurred by increased government scrutiny, media hysteria, and class action litigation.

Instead of using its members contributions to agitate for nationalization of the drug industry–which is the pit at the end of the slope, gentle reader–perhaps the fAARP could buy drug patents or perhaps develop some pharmaceuticals on their own.

Oh, but no. That would require actual work instead of commissioning studies, holding meetings, and having lunches.

(Submitted to the Outside the Beltway Beltway Traffic Jam.)

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Another Camera Triumph!

Another surveillance camera triumph, as reported in the Minneapolis Star-Tribune and posted at Power Line:

According to the criminal complaint filed Monday in Hennepin County District Court, the victim boarded the bus at 7th St. and Nicollet Mall in downtown Minneapolis. Six to 10 young males in the back of the bus surrounded him and taunted him, making repeated references to his race (the victim is white, the suspects black). When the bus stopped at 34th and Fremont, they grabbed him and pulled him off, the complaint said. They punched and kicked the victim, breaking his wallet chain and fleeing with the wallet, which contained $17.

He ran to a nearby convenience store and called 911. He suffered scrapes and bruises to his face, forehead, hands and back, the complaint said.

Video surveillance from the bus shows the group dragging the victim onto the sidewalk, according to Metro Transit police.

“It was outrageous,” said Metro Transit police Capt. Dave Indrehus. “The victim in this case was totally innocent, had nothing to do with these parties.”

The video shows that other bus passengers did not try to intervene, Indrehus said. “Quite frankly, I don’t know if I would blame them,” he said. “You may end up becoming a victim yourself.”

Remember the benefits of video surveillance:

  • It’s cheap.
  • It provides evidence.
  • It puts no law enforcement personnel at risk.

Doesn’t help that poor kid much, though, does it?

Also, special kudos to the police captain for praising the non-intervention of the citizens on the bus. Keep ’em docile.

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Washington University Socialdents Protest Low Tuition

The absurd protest at Washington University continues with more threats from the administration and with displays of inanity by the students. In case you’re not in St. Louis and haven’t been following the story, the students are protesting the low tuition at Washington University, where a year of tuition for undergraduates will only be $31,100 next year.

Well, not directly:

Instead of disbanding, the students called for a hunger strike in support of higher wages for some campus workers.

One would hope that not many economic students are participating, since they know that higher costs lead to higher prices. Or should know it. Come to think of it, any student should know it, but I regret knowing what they teach in universities instead.

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Ding, Dong, Ditch, and Do Time

Kids arrested in Port Washington, Wisconsin, for Ding Dong Ditch.

So make sure you’re always on the stoop after you ring the bell, or they’ll get you for Attempted Ding Dong Ditch or Conspiracy to Commit Ding Dong Ditch. And if that’s not enough, they’ll make subsidiary charges like Wearing Sneakers During Commission of Ding Dong Ditch.

Because everything changed on 9/11.

Okay, I am done now.

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Contract and Constitutional Law Taught By Pacers Player

Professor O’Neal explains:

Indiana center Jermaine O’Neal said the NBA’s desire to put an age limit in the next collective bargaining agreement could be driven by racism.

“In the last two or three years, the rookie of the year has a been a high school player. There were seven high school players in the All-Star game, so why we even talking an age limit?” said O’Neal, who was drafted out of high school in 1996 by the Portland Trail Blazers.

“As a black guy, you kind of think that’s the reason why it’s coming up. You don’t hear about it in baseball or hockey. To say you have to be 20, 21 to get in the league, it’s unconstitutional. If I can go to the U.S. army and fight the war at 18, why can’t you play basketball for 48 minutes?”

Heh. And that’s a mean heh.

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Spot the Absurdity

No, I don’t mean the obvious absurdity of Illinois distributing scratch ‘n’ sniff cards so authoritarian figures can reference the scent of methamphetamine ingredients. No, look beyond it and find more subtle absurdity in the following:

The cards, when scratched, would emit the odor of anhydrous ammonia, an ingredient used in the methamphetamine production process that smells distinctively like cat urine. They would be distributed, by the Illinois State Police and the Board of Education, to teachers, school employees and day-care center employees to help them identify children who have been exposed to meth, the bill says.

“Most people haven’t smelled meth,” said state Rep. Michael P. McAuliffe, R-Chicago, who introduced the bill in late February, adding, “Not too many people know about this drug, and it’s everywhere.”

McAuliffe said last week that despite the rapid growth in meth use and production in Illinois, few people can detect the signs of addiction or exposure, particularly exposure to children. Many children, McAuliffe explained, live in homes where meth is produced or smoked and absorb the smell in their hair, skin and clothes.

“The teacher might say, ‘How many cats do you have at home?'” McAuliffe demonstrated. “The student could say, ‘We don’t have any cats.'”

Which is more patently nuts?

  • The paradox of this statement: “Not too many people know about this drug, and it’s everywhere.”
  • The thought of a child’s teacher sniffing the child’s hair and, if the teacher thinks the hair smells like this card, the authorities launch a full drug enforcement investigation, possibly culminating in no-knock raids with weapons out.

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Police Call 9/11

A Best Buy customer is handcuffed and taken to jail for paying with $2 bills, and the police call 9/11:

For Baltimore County police, said spokesman Bill Toohey, “It’s a sign that we’re all a little nervous in the post-9/11 world.”

That’s right. Overly aggressive and inappropriate police behavior threatening to cause a stain on the public trust? Just call 9/11!

(Link seen on Instapundit.)

UPDATE: John Cole had the same thought.

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The Bray Dissent

Missouri State Senator Joan Bray (D-University City) also dissents from Go Directly to Jail by wanting to make a felony crime in the state of Missouri to not disclose a criminal record when getting a mail order bride:

Missouri men seeking a “mail-order bride” from a foreign country might soon have to disclose their criminal records and previous marriages to the prospective fiancee.

A bill before the Legislature would require the full and accurate disclosure of such information. The measure would apply equally to a woman who sought a husband from another country. A violation would be a felony.

The bill, sponsored by Sen. Joan Bray, D-University City, is an attempt to stop the abuse of foreign women who suddenly find themselves in a strange country married to violent men.

A ham-fisted attempt which probably wouldn’t protect that many foreign women in a strange country married to violent men. But hey, felonies don’t cost anything to legislate!

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The Sensenbrenner Dissent

Apparently, congressman F’n Jim Sensenbrenner (R-WI) dissents with the themes in Go Directly to Jail as he wants to pass a law that mandates show a boob on television, go to Federal prison:

Rep. F. James Sensenbrenner III, R-Wis., told cable industry executives attending the National Cable & Telecommunications Assn. conference here on Monday that criminal prosecution would be a more efficient way to enforce the indecency regulations.

“I’d prefer using the criminal process rather than the regulatory process,” Sensenbrenner told the executives.

You know, perhaps I could support the concept if we extended the definition of boob to publicity hound, power-mad elected official.

Also, perhaps this explains Sensenbrenner’s strong anti-immigration stance. He wants to save them from indecency on American television.

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Cross Checking the Cross Section

Support grows for beefing up U.S. forces: Some see situations where volunteers may not be enough

The lead:

The war-strained all-volunteer U.S. military has a growing manpower problem and a cross-section of Washington policymakers has proposed a solution — increase the size of the regular military by 30,000, 40,000 or even 100, 000 or more.

While just about all the proponents maintain they want to achieve the increase by offering recruits bigger financial incentives or through appeals to patriotism, lurking in the background is a possibility that for now remains anathema to all but a few. The military draft, which coughed up its last conscript in 1973, could make a comeback if recruiting doesn’t pick up and if America’s commitments in Iraq and Afghanistan turn into long-term occupations or if the Bush administration’s tough-minded foreign policy means military action in places like Iran or North Korea.

Edward Epstein, Chronicle Washington Bureau, writer of this piece begins blurring the line early; the first paragraph is about increasing the size of the army, and the second draws its circle, shakes its depacapitated chicken, and reanimates THE DRAFT!!!

So while Edward Epstein, Chronicle Washington Bureau, tries to confuse his readers by lumping those who want a bigger military in with those who want a draft, let me help by breaking them out:

Wants a Draft/Thinks Draft Might Be Necessary:

  • Rep Charles Rangel, D-N.Y., and Rep. Pete Stark, D-Fremont — both military veterans — want all 19-year-olds to do a year or two of national service.
  • “The argument for a draft is political hot air,” said Daniel Goure, a military analyst at the Lexington Institute, a Washington think tank that supports a smaller role for the federal government.

    But he warned that if the Iraq occupation drags on, other foreign military operations are launched and a half-million more soldiers are needed, “I don’t think we can get there without a draft.”

  • But Phillip Carter, a retired Army captain who is now a lawyer, writer and commentator on military affairs, said there may be little choice but to reinstate conscription. “The all-volunteer model can’t produce the numbers that might be needed,” he said.

    He favors the national service idea, and says that in his vision those who opt for military service would only serve as military police, truck drivers or in homeland security posts.

Those Who Want Bigger Military:

  • Sens. Chuck Hagel, R-Neb. and Jack Reed, D-R.I., have proposed adding 30,000 soldiers to the Army.
  • Sen. John Kerry, D-Mass., has proposed a 30,000-person increase in the Army and 10, 000 to the Marines….
  • …and Rep. Ellen Tauscher, D-Walnut Creek, wants to add some 20,000 to the Army, 12,000 to the Marine Corps and 29,000 to the Air Force.
  • A bipartisan group put together by the Project for the New American Century, a group that reflects the thinking of the neoconservatives who have been so influential in determining President Bush’s military and foreign policies, sent a letter to congressional leaders in late January. In it, the signatories wrote, “it is our judgment that we should aim for an increase in the active duty Army and Marine Corps, together, of at least 25,000 troops each year over the next several years.”

So although many people have called for more military personnel, a far smaller number of people have called for a draft. Several quotable notables in the article say it will be tough to maintain or to elevate force levels. However, only one person in the article seems adamant that the draft is a real danger.

Edward Epstein, Chronicle Washington Bureau.

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Lead Recall Effort for Alderman, Get Sued

A controversial St. Louis Alderman, facing a recall, sues the leaders of the recall effort for defamation:

A petition to remove Bauer from office is gaining momentum, even as Bauer levels a $2 million suit against the organizers. Records show that Bauer himself has profited from development in the ward. While the deal appears not to have violated any rules, some of Bauer’s colleagues frown on investing in their own ward because of the potential for conflict.

The alderman defends himself:

For his part, Bauer says he is the target of a “civil conspiracy” spreading lies to besmirch his name.

“There are some people who have a personal agenda – they want to prevent good things from happening in Dogtown,” Bauer said.

A civil conspiracy? Is that the new euphemism for accountability to voters and elections in the parlance of the Elect(ed), who feel they should be above reproach?

I fully expect this lawsuit to be dismissed (SLAPPed down, as it were), but I imagine its headlines will have a chilling effect on some opposition as the lawsuit gets big fonts but the dismissal does not.

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Steyn: On Hewitt’s Side!

As if there were any doubt, Mark Steyn is firmly on Hugh Hewitt’s side and doesn’t recognize the danger in which the Republican party finds itself:

The notion, for example, that poor Terri Schiavo will cost Republicans votes in a year and a half’s time is ludicrous.

It’s not the principled stand on life that will cost the Republicans; it’s the intrusion of the Federal government into a private matter, with eleventh hour legislation to move a single case to Federal court because the party in power in the Federal legislature did not like the outcome of the state courts.

No, I would have preferred to see Schiavo’s husband turn her care over to her parents (hey, and I wouldn’t have even condemned him for taking a million bucks for it). I’d rather Terry Schiavo continue her hopeless existence unheralded in a Florida hospice into perpetuity, in the obscurity in which most people with functioning brains toil. But if her guardian felt she would not have wanted to wither and die over the course of decades she would never know passed, then so be it; he could end the extraordinary measures continuing her life (a feeding tube is an extraordinary measure; if you doubt it, count the number you see on an ordinary day). But you know what? I and many like me recognized it’s not our business. It’s not clearly, obviously murder nor is it "forced starvation" it’s not forced feeding.

But the party for whom I vote most of the time on a Federal level has determined that Terri Schiavo’s life and death are its business. Therein lies the disparity, the cleft which shall yield a schism in the bloc that re-elected George W. Bush and has continued to send a Republican majority to Congress. It’s not a culture of life versus a culture of choice, it’s the culture of my business versuse the culture of “Hey, we’re in power now, so maybe it is the Federal government’s business since the Federal government is ours.”

Call them the pro-Federal-Business wing of the Republican party. I won’t call them theocrats because that’s not the issue; from whatever source they derive their beliefs, I care not. I do care that they’re using the mechanisms of federal government to impose them on everyone.

Supporters of the Republican Federal Steamroller (RFS, blogosphere, if you want a nifty abbreviation) chortle and ask me if I’m going to vote for John Kerry or Hillary Rodham Clinton in 2008. No, I won’t.

I will vote for the stronger foreign policy candidate for president in 2008. That’s the proper role of the president; to handle foreign policy.

The real danger to your Republican hegemony comes in 2006 and 2008 for the legislative branch of government. Because quite frankly, I am so disappointed with what the Republicans are doing in Congress that I will probably vote for the Libertarian candidate, however nutso and unqualified. And if the loss of my vote leads to a Democratic Congress, perhaps the Republicans can relearn their lesson and return to small government, Contract With Americaesque stylings. At least a Republican president won’t give the Democrat congress everything their socialist heart desires, so we won’t be much worse off than we are now.

If the worst case scenario occurs, and I help elect a Democrat congress and the Republicans cheese off voters who don’t recognize the proper role of the president to elect Clinton II (The Restoration), undoubtedly Hewitt, Steyn, et al., will blame me and my None-Of-My-Business-and-Especially-None-of-the-Federal-Government’s-Business brethen for the potential disasters ahead–National Health Care, National This, National That, International Law, Loss of Sovereignity, and so forth–without recognizing the role they played as cheerleaders to the Absolutely-Corrupted-By-Absolute-Power bunch we sent to Washington in 2004.

No, all damnation will be reserved for the libertarian conservatives who just wanted the Federal government to handle national things. That the Federal government wanted to dictate what a single individual would eat–PVS or not–won’t cross the minds of the small-government-conservatives-until-in-power legislators and their cheerleaders.

So be it. I cannot wait until 2006 so I can cast my vote.

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Call Europe the Amusement Park Socialismland

Pensioner ordered to cut the grass

A pensioner who took his daughter and son-in-law to court to force them to cut his grass has been forced to do it himself.

Paul Mueller, 72, argued he was too old to cut the lawn at the house he shared with daughter Karin and her husband Peter Hoffer.

He went to court to get them to take on the job at the house in Bonn, Germany.

But the plan backfired when the court ruled that the pensioner should be responsible for cutting the grass.

If he fails to do the job, his daughter, 43, is allowed to hire a professional gardener and make the old man pay the bill.

I don’t know whether to laugh or to cry. I suppose I could do both: I could laugh at the absurdity of this silly Eurocrat idea, and cry because I realize by the time I am 72, the situation could be such in this country that I might have to sue my own damn kid to mow the schnucking lawn and lose.

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An Anatomy of Bad Lawmaking

From a story in the St. Louis Post-Dispatch entitled “Chain reaction“, we have this illuminating look at poor lawmaking:

  • Concerned citizen John Q. Everyman gets an idea.

    That’s what Connie Davie of Creve Coeur thought when she saw dogs tied outside, all alone, day and night, in every kind of weather. In fact, she thought, as images of the lonely, pathetic-looking canines kept creeping into her mind, surely there is a law against such obvious abuse.

    Curious, Davie called her local police department to find out just what the law said.

    It said nothing. There was no law. As long as a dog has access to food, water and shelter, the law was happy.

    Note the shading of story; a dog chained in a yard is subject to obvious abuse; the community must sanction the owner. Also, let’s understand the nature of this John Q., shall we?

    Or volunteering for Stray Rescue of St. Louis. Or walking Eddie and Sherry, the dogs she fostered for Stray Rescue and ended up keeping.

    But, she said, “I saw a need in my area for a law that addressed this issue of tethering.” Animals were suffering.

    And when animals are suffering, Davie acts.

    This particular citizen is an active volunteer for an animal advocacy group. One doubts that the St. Louis Post-Dispatch would wine-and-dine a Missouri Synod employee advocating schools to allow Lutheran youth groups meet on campus after school, but an animal group volunteer who agitates is just a plucky normal person.

  • The council drafts an ordinance to apply to everyone.

    “I worked with Beth for three to four months drafting an ordinance that we thought would be enforceable. I also worked with our police chief, Don Kayser, since he would be the one who’d have to enforce whatever we came up with,” she said.

    “When I first met with the police chief, I told him I didn’t expect the police to be cruising around looking for chained dogs. And I told the city council that I didn’t expect the police to be the dog gestapo. But if someone calls to report that a dog is being mistreated, the police need to have the leverage to act on it.”

    You see, the law is not designed for an instant enforcement; tether a dog, go to jail. Instead, it’s designed as a means by which to punish those select people about whom the neighbors complain, or whom the police want to punish. If cops see a tethered dog, they’re not always going to make an arrest. A good discretionary law, subject to arbitrary enforcement.

  • The legislators pay attention to detail to craft exactly the ordinance they intend.

    Davie smiled when she recalled that the final draft of the ordinance had a mistake in it. “It said that a dog could not be tied out continuously for more than six hours. It was supposed to say eight hours, because we wanted to take people who work into consideration. When one of the council members pointed out the typo, another council member said they’d be happy if it said we couldn’t chain a dog outside at all,” she said.

    I cannot bold this paragraph enough. They made an error in the final legislation they passed, but that’s okay, because one legislator would prefer to take all tethering rights from dog owners altogether.

  • Satisfied that she has altered her local community’s laws, John Q. Public returns to normal life.

    Davie still is amazed at the relative ease with which the ordinance passed. So much so that she has decided to broaden the battlefield.

    She wants to get a similar measure enacted in St. Louis County.

    So she wants me, and all St. Louis County residents, to adhere to her personal aesthetic standards of animal ownership. But wait, it’s not just me:

    Davie is hoping that others will join her crusade, not just in St. Louis County but in other municipalities.

    “What we did in Creve Coeur has been done in at least 59 other communities across the country,” she said. “It’s becoming kind of a movement, I think.”

    John Q. wants the entire world to adhere to her standards.

There you have it. An animal rights advocate uses anecdotal evidence and emotionalism to hand law enforcement a law it can enforce at its whim. Whom will it impact the most? Law abiding citizens who own dogs but cannot afford thousand dollar fences but don’t want to leave their dogs in their homes while they’re at work. While they might have provided their tethered dogs with water, food, shelter, and amusement for the periods when they’re at work, they’ll have to give up their dogs or violate the law (I bet they just violate the law).

The more laws you make, the more lawbreakers, particularly when the laws target trivial misdeeds that many people do without mens rea or particular ill effect. I wonder what our society will be like in twenty years or thirty years when everyone knows that they’re already breaking laws….what could one more crime mean?

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