Jack - An “Alternative Mueller Report”

Episode Date: December 5, 2021

This week: Mueller Report news; 302 news; Mueller’s Trump, Juniorprobe news; some Steele Dossier updates; DoJ IS criminallyinvestigating the insurrection; plus some Sabotage and the Fantasy Indictme...nt League.Follow AG on Twitter:Dr. Allison Gill https://twitter.com/allisongillhttps://twitter.com/MuellerSheWrotehttps://twitter.com/dailybeanspodWant to support the show and get it ad-free and early?https://dailybeans.supercast.tech/Orhttps://patreon.com/thedailybeansPromo Codes Love coffee? For our listeners, right now Trade is offering a total of $20 off your first three bags at checkout. To get yours, go to drinktrade.com/msw and use promo code MSW. Get your first $5,000 managed for free at Wealthfront.com/MSW. It takes just minutes to start building your wealth. Head to CreditKarma.com/LoanOffers to see personalized offers with your Approval Odds right now. Go to CreditKarma.com/LoanOffers to find the loan for you.

Transcript
Discussion (0)
Starting point is 00:00:00 Welcome to Teacher Quit Talk, I'm Miss Redacted, and I'm Mrs. Frazzled. Every week we explore the teacher- Exodus to find out what if anything could get these educators back in the classroom. We've all had our moments where we thought, what the hell am I doing here? From burnout to bureaucracy to soul-secing stressors and creative dead ends, from recognizing when it was time to go, to navigating feelings of guilt and regret afterwards, we're here to cut off a gaslighting and get real about what it means to leave teaching. We've got insights from former teachers from all over the country who have seen it all. So get ready to be disturbed and join us on teacher quit talk to laugh through the pain
Starting point is 00:00:31 of the U.S. education system. We'll see you there. Hey all, this is Glenn Kirschner relationships with any Russian oligarchs. That's what he said. That's what I said. That's obviously what our position is. I'm not aware of any of those activities. I have been called a surrogate at a time or two in that campaign and I didn't
Starting point is 00:01:05 have not have communications with the Russians. What do I have to get involved with Putin for having nothing to do with Putin? I've never spoken to him. I don't know anything about a mother than he will respect me. Russia, if you're listening, I hope you're able to find the 30,000 emails that are missing. So it is political. You're a communist. No, Mr. Green. Communism is just a red hailing.
Starting point is 00:01:31 Like all members of the oldest profession, I'm a capitalist. Hello, and welcome to Mueller. She wrote, I'm your host, A.G. Allison Gell. And since last week was light on Mueller news, this week decided to go bonkers. We have Mueller report news, more Mueller report news, 302 news from BuzzFeed and Jason Leopold, Trump Jr. Mueller probe news, as well as some steel dossier updates.
Starting point is 00:01:56 And of course, we'll have some sabotage in the fantasy indictment league, including huge news that we learned this week about how the Department of Justice is criminally investigating the insurrection. I first want to thank our patrons. If you want ad-free episodes of this show, the MSW book club, and the Daily Beans, you can get all three shows in one subscription for just $36 a year. So sign up at patreon.com slash mullershywrote. And with that, we have a lot of news to get to. So let's jump in with just the facts. Okay, first up in the land of Jason Leopold, master of FOIA and King of Buzzfeed News, 10 redacted passages in former Special Counsel Robert Mueller's report, including one that
Starting point is 00:02:33 discusses the decision not to bring criminal charges against Donald Trump, Jr. and others, were ordered to be revealed following a year's long battle by Buzzfeed News. In an 18-page opinion, issued Tuesday, a three-judge panel of the US court of appeals for the DC Circuit unanimously ruled that there is a, quote, significant public interest in lifting the veil of secrecy, and that, quote, disclosure would also show how the special counsel interpreted the relevant law and applied it to already public facts in reaching his declination decisions. The Justice Department had said the passages should be kept from public view to protect the privacy rights of people in question.
Starting point is 00:03:11 But after reviewing an unredacted copy of the report, which summarized the investigation into Russian interference in the 2016 election, then President Donald Trump's attempts to obstruct the inquiry, the court determined that those rights were diminished by other parts of the report. Quote the factual and personally identifying information alleged to be contained in the redacted passages is available elsewhere in the report. The redacted passages contain no new facts. They contain no new information or descriptions of conduct that have not been made public
Starting point is 00:03:40 elsewhere in this very report. The privacy interests then are not robust, and so no additional reputational or stigmatizing harm can result from the disclosure of the information contained therein. As a result, the strong public interest tips the scale in favor of disclosure, as releasing this information would show only government decision making, not new private information. That was the opinion written by Judge Karen Henderson, a GW Bush appointee. The appeals court opinions at the Department of Justice must lift redactions covering a
Starting point is 00:04:08 total of 10 passages on pages 9, 179, 180, and 183 that discuss the decision not to charge people with campaign finance violations and computer-related crimes. The court rejected BuzzFeed news as a request as it applied to Mueller's deliberations about individuals who were investigated for making false statements, but not charged because it The court rejected Buzzfeed news as request as it applied to Mueller's deliberations about individuals who were investigated for making false statements, but not charged because it would reveal new details about them, not contained elsewhere in the report, and was resolved in reputational harm. Of the individuals, quote, whose privacy interests may be jeopardized by disclosure of the requested information, only one is a public official. The remaining individuals are private citizens who served on a presidential campaign.
Starting point is 00:04:48 Huh. The Department of Justice can still appeal the decision to the Supreme Court. That would be Garland's DOJ. We'll see what he decides to do here. The government argued that these new disclosures were not necessary because most of the report had already been made public and because Congress also released its own report about Russia's interference in the 2016 election. But the appellate court described the government's argument as irrelevant because Mueller's
Starting point is 00:05:10 legal analysis of whether to bring charges has not been released and likely would contribute significantly to public understanding of the operations or activities of the government. One of the redacted passages the government must disclose corresponds to a public portion of the report related to Donald Trump Jr. and his communications with WikiLeaks during the 2016 campaign. Last year BuzzFeed news forced the government to unredact other previously secret portions of the Mueller report relating to WikiLeaks. Notice passages showed Mueller's office investigated WikiLeaks and its founder Julian Assange for the hacking of the DNC as well as for possible campaign finance violations, but ultimately
Starting point is 00:05:46 chose not to bring criminal charges. Muller's probe produced 37 indictments and seven convictions. In 2019, BuzzFeed news filed a FOIA suit against the Department of Justice for a complete unredacted copy of Muller's report. And although the report had been publicly released, BuzzFeed news saw it a public records request, because doing so would force the government to explain the justification for each redaction. That would also provide an opportunity to challenge the redactions. Since then, US District Court Judge Reggie Walton twice ruled in favor of the news organization and ordered the government to release dozens of secret passages in the report.
Starting point is 00:06:21 So when I say we have most of the Mueller report, that's what I mean. Buzzfeed news filed an appeal to the US Court of Appeals for the DC Circuit last year, after the lower court rejected its attempts to win the release of additional secrets and sections in the report. The appeals court said Walton should order the Justice Department to disclose the portions of the report it withheld. Matt Topic, BuzzFeed news's FOIA attorney, said Tuesday's appeals court decision reaffirms the public's right to understand how the government makes decisions. Unfortunately, he continues the government agencies routinely violate FOIA, and it's encouraging
Starting point is 00:06:55 whenever courts apply the law and hold the government to its transparency obligations. And, in somewhat buried news, Buzzfeed and CNN also got a new batch of 302s released by the Department of Justice in their FOyer suit that include text messages, a letter sent to Schiff and Nunez from Carter Page and more. I reviewed the release and there's not much new here. There are text messages from Carter Page, one batch from July 2016 saying, I'm in St. Petersburg, and then quote, he must understand that it has to remain very discrete. Confirmed with the sun Eric. Okay, very positive meeting and I'm following up with both HH and HRH, which happened to
Starting point is 00:07:33 be with me here in Redacted. It looks like Prague. Could be wrong. One of the text messages shows who this person is talking to and it's Kyrill Demetriev, the CEO of the Russian Direct Investment firm, RDIF. Mueller said in volume one, Dmitryev was among the Russians who tried to make contact with the incoming administration. In early December, a business associate steered Dmitryev to Eric Prince, a supporter of
Starting point is 00:07:56 the Trump campaign and associate of senior Trump advisor Steve Bannon. Dmitryev and Prince later met face-to-face in January of 2017 in the Seychelles and discussed US Russia relations. During that same period, another business associate introduced Demetri of to a friend of Jared Kushner, who had not served on the campaign or the transition team. Demetri of and Kushner's friend collaborated on a short written reconciliation plan for the United States and Russia, which Demetri have implied had been cleared through Putin. The friend gave that proposal to Kushner before the inauguration. And Kushner later gave copies to Bannon and incoming secretary
Starting point is 00:08:30 of state Rex Tillerson. He goes on to say Mueller does that Demetriyev undertook efforts to meet members of the incoming Trump administration in the months after the election. Demetriyev asked a close business associate who worked for the UAE Royal Court George Nader to introduce him to Trump transition Court George Nader to introduce him to Trump transition officials and Nader eventually arranged that meeting in the Seychelles between Demetri of Eric Prince, a Trump campaign supporter, and an associate of Steve Bannon. In addition, the UAE National Security Advisor introduced Demetri of to a hedge fund manager and friend of Jared Kushner Rick Gerson in late November 2016.
Starting point is 00:09:04 In December 2016 and January 2017, Demetriyev and Gerson worked on a proposal for reconciliation between the US and Russia, which Demetriyev implied he cleared through Putin. Gerson provided that proposal to Kushner, before the inauguration. That's the one. Mueller asked Trump in his written questions if he was aware of the meetings Demetriyev took part in. Next, we see a text messages from Page to Demetri have saying, we can talk in person when you get here, not good to talk by phone when safe line isn't working. The guy is designated by Steve to meet you. I know him. He's very, very well connected and trusted by the new team. His sister is now Minister of Education, main contributor to the team. That was for the setup of the St. Shells meeting. Carter Page was involved in that.
Starting point is 00:09:48 And finally, there's a letter from Carter Page to Nunez and Schiff. Here's some excerpts. I greatly appreciated the important hearings you began Monday and was further encouraged by the request from Chairman Nunez that anyone who has information about relevant topics come forward and speak to the House Intelligence Committee. I would eager welcome the chance to speak with the committee to help finally set the record straight following the false evidence, illegal activities, as well as other lies distributed by certain politically motivated suspects in coordination with the Obama administration, which defame me and other Americans. Amongst many other complete lies, this excerpt from the highly inaccurate dossier,
Starting point is 00:10:25 concocted by the political consultant, Mr. Steel, remained one of the primary false allegations against me throughout much of last year. Yet a month after the election, Switzerland-based Glencore was revealed as the actual buyer of that stake in December 2016 with respect to potential coincidences. As representative Schiff alluded to. So please note that I have never met with any member of that company, Glencore. He did. But there is someone who coincidentally has had an exceptionally close relationship with Glencore via its founder. For further background, I would refer you to the 2001 proceedings before the House of Representatives Committee on Government Reform regarding the controversial
Starting point is 00:11:02 pardon of international fugitive Mark Rich. And then representative Bernie Sanders, um, he quotes Bernie Sanders during those hearings. Interesting. Quoting Bernie Sanders. Then there are some redacted bits. And it ends with, uh, I greatly appreciate the offer of Congressman Nunez for all citizens with information about relevant topics to speak to the House Intelligence Committee. I would look forward to engaging with you in the interest of finally ending this
Starting point is 00:11:28 ruse. Thank you in advance for your consideration. A lot of spelling errors in there. Sorry if it was weird to get through for me, but I'm trying to read what he wrote as hard. And we'll stay up and we'll stay on top of these releases as they happen for you. They come out pretty much every month. 302s from the Mueller report through that FOIA lawsuit, one by Buzzfeed and CNN.
Starting point is 00:11:48 And we'll be right back with more news, including a bombshell about an alternative Mueller report that a federal court is ordered to be released. Stay with us. Hey everybody, it's AG, you know that I love macoffee. I start every day with it, and that's why I'm so excited to introduce you to trade. Trade's goal is to make every cup of coffee your best cup of coffee ever.
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Starting point is 00:12:54 That's drinktrade.com slash MSW promo code MSW for $20 off your first three bags. In this holiday season, give the coffee lover in your life the gift of better coffee, too, with their own personalized gift coffee subscription from trade. Enjoy! Hey everybody, welcome back! in the next few weeks, we've seen the media work itself into something of a frenzy, and it's attempt to force a reckoning on the matter of the steel dossier, the opposition research document prepared by former British intelligence agent Christopher Steele, about then-Canada Trump. I'm sure I don't need to go into detail about the fact that the company is a real criminal, and I'm sure that the company is a real criminal, and that the company is a real criminal, and that the company is a real criminal, and that the company is a real criminal, and that the company is a real criminal, and that the company is a real criminal, and that the company is a real criminal, and that the company is a real criminal, and that the company is a real criminal, and that the company is a real criminal, and that the company is a real criminal, and that the company is a real criminal, on the matter of the steel dossier, the opposition research document prepared by former British intelligence agent Christopher Steele about then-Canada Trump. I'm sure I don't need to go into detail about that chapter in the Trump era, you'd have to have been in a coma, not to have heard more about it than
Starting point is 00:13:34 you've ever cared to. Suffice to say that it was the source of the rumor about the infamous P-tap, which offered many a late-night comedian and upper-array's punchline. It's hard to know exactly what precipitated the sudden desire to have the media dawn a hair shirt over their coverage of the dossier, but seems to stem from a recent ABC interview with Steel, and the recent indictments of a handful of people, two people, by Special Prosecutor John Durham, three now, three now, for lying to the FBI about it. Durham's inquiry into what Trump called the oranges of the investigation, lover already,
Starting point is 00:14:05 has been going on for years now, with very little to show for it. According to those who have filed the case closely like journalist Marcy Wheeler, there's very every reason to believe that the probe will end up a big dud. I concur. Nonetheless, there's been quite a back and forth among news organizations over whether they were too credulous in reporting on the dossier, and if it was ethical to publish it in the first place. Overlooking the mountain of evidence that had nothing at all to do with the dossier and the bizarre behavior by both Trump before and during his presidency when it came to Russia. The result of all this reckoning, quote-unquote,
Starting point is 00:14:37 is that suddenly there seems to be some belief, even in mainstream quarters, the whole Russia scandal was overblown, and perhaps not worth the resources in time, put into reporting it. No doubt there was some historic coverage of the Steele d'Acee, but the truth is, virtually every news outlet that reported it made it clear that it was unsubstantiated, and no one reported that it was the only reason for the Russia investigation. Trump and his campaign's suspicious behavior was more than enough to set off alarms all over the world. Special prosecutor Robert Mueller and his team found that they could not prove a conspiracy between the Trump campaign and the Russian government in regards to the interference in the election.
Starting point is 00:15:12 And the hacking of Hillary Clinton's campaign, he indicted a bunch of people, including Trump's campaign chairman Paul Manafort passing campaign data to a Russian operative associated with an oligarch to whom he owed a lot of money. He was actually not indicted for that. There were strange fringe players all over that campaign, including the famous coffee boy, Papa Dopoulos, who were also indicted by Muller, and confirmed by the bipartisan intelligence committee report to have been the one who actually tripped the investigation by the FBI. His loose lips to an Australian diplomat about Russian activities on behalf of Trump happened
Starting point is 00:15:41 months before anyone had heard of Christopher Steele's dossier. The Senate report made clear that the dossier was not a source of the government investigation. The Mueller report did not rely upon it in any way. It was a side show at best, which had zero bearing on the findings of those two huge investigations which concluded that the Trump campaign suspicious activities, including the numerous overt attempts to cover up and obstruct justice, were more than enough to justify the investigations that plagued him throughout his term. In a somewhat surprising decision on Tuesday, a federal appeals court reversed a lower court ruling that kept certain redactions in the Mueller report in place pertaining to Trump
Starting point is 00:16:14 juniors involvement in the investigation and the Mueller team's reasoning for not charging him and others with campaign finance violation. Their government's insistence on keeping that under wraps was absurd, since much of the information was already public, and it's reasoning that it would cause reputational or stigmatizing harm, made no sense. They will not unredact parts, which explain why Mueller chose not to charge for false statements, which would really be interesting, unfortunately.
Starting point is 00:16:38 The decision won't offer any new revelations, but at least it strikes a small blow for transparency. But according to the BuzzFeed reporting, we will get more information on why Mueller decided not to charge Trump Jr. campaign finance violations, although we already know the answer to that. It is not really new information. As he has his whole life, she continues, Trump has escaped direct accountability for any of it. I doubt the Russian investigations had anything to do with his loss in 2020.
Starting point is 00:17:07 And Mueller's decision not to say directly that Trump obstructed justice because it might harm his reputation while also making clear that he could be prosecuted for that crime after leaving office was tragically naive. I disagree, but anyway, we'll go on. That's no reason for the media to signal its even handedness by flagellating itself over the steel dossier and help Trump persuade even more people that the Russia scandal was nothing more than a partisan witch hunt. It was not and one can't help but wonder if it might be more fruitful for
Starting point is 00:17:34 the media to have a little reckoning over there, but her emails coverage during the 2016 campaign, a truly egregious error in judgment that led to the nightmare that followed. At the moment, there's every reason to believe that could easily happen again. That's very well written. And finally, from Josh Gerstina Politico, an unpublished investigative compilation sometimes referred to as the Alternative Muller Report has been located in the Justice Department Files and could be released soon, according to a letter that was filed in Federal Court
Starting point is 00:18:04 Thursday. A top deputy to Mueller, Andrew Weissman, revealed in a book he published last year that the team he headed prepared a summary of all its work, apparently including details not contained in the final report. Quote, at least for posterity, I had all the team members write up an internal report, memorializing everything we found, our conclusions and the limitations on the investigation, and provided it to the other team leaders, as well as had it maintained in our files. That's what he wrote in Where Law Ends inside the Mueller investigation.
Starting point is 00:18:35 The reference prompted the New York Times to submit a FOIA request in January, and to follow up in July with a lawsuit in the US District Court in Manhattan. Lawyers from the US Attorney's Office in Manhattan told Judge Catherine Polk Fahlia in a letter Thursday that officials have figured out what document Weisman was alluding to, and they've begun reviewing it. They're reviewing it for possible release. Quote, since plaintiff filed its complaint, defendant has located and begun processing this record and intends to release
Starting point is 00:19:04 all non-exempt portions to plaintiff once processing is complete. That's Assistant U.S. Attorney Jennifer Jude. Quote, defendant estimates that primary processing of the record will be complete by the end of January 2022, at which time the defendant expects to send the record to other DOJ components for consultation. Jude did not provide an estimate of how long those consultations could take, but proposed updating the court by mid-February. The pledge to process the so-called alternative Mueller report is no guarantee
Starting point is 00:19:34 that what's released will contain significant new revelations. I'm going to repeat that. The pledge to process the so-called alternative Mueller report is no guarantee that what's released will contain significant new revelations. The Justice Department can use a variety of exemptions in the FOIA to shield parts of the document from disclosure, including by deeming it a turni work product or part of an internal deliberative process.
Starting point is 00:19:56 Current DOJ leaders could waive those exemptions, but releasing other contents such as grand jury material, that what's not gonna happen. That has to stay private. The group Weissman supervised in the special council's office was called Team M for Manafort. We knew that. The Trump team was Team R for Russia. It's unclear whether investigative teams other than Weissman's also prepared compilations that were not contained in Mueller's final report. And again, I want
Starting point is 00:20:20 to be clear here, we should not expect too many new revelations with this, though I still wonder why Weissman has been so quiet since just before Tom Barich was indicted in July. Maybe he was working on this? I don't know. But we'll be right back with Sabotage and the fantasy indictment league. Stay with us. Hey everybody, it's AG. Are you feeling frustrated after getting rejected for a credit card or a personal loan? It happens a lot. And that's why credit karma is changing the way people find and apply for cards and loans. Whether you're refinancing credit card debt or paying off an upcoming expense, credit karma uses your credit data to show you fresh personal loan offers that are personalized to you.
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Starting point is 00:22:38 You can get your first $5,000 managed for free at wealthfront.com slash MSW. Takes just minutes to start building your wealth so visit Wealthfront.com slash MSW. That's WealthfrontFRONT.com slash MSW. Everybody, welcome back. It's time for sabotage. [♪ OUTRO MUSIC PLAYING [♪ All right, from Murray Was at the Guardian, excellent reporter, we learned this week, Garland is criminally investigating parts at the Guardian, excellent reporter, we learned this week, Garland
Starting point is 00:23:05 is criminally investigating parts of the Broad 16th conspiracy. January 6th, a federal grand jury investigating Trump's former attorney Sidney Powell has uncovered evidence that Powell filed false incorporation papers with the state of Texas for a non-profit she has, it's called defending the Republic. And that's according to sources close to the investigation. In the incorporation papers, Powell, who filed lawsuits across the US in 2020, listed two men, whom she said served with her on the organization's board of directors, even though neither of them gave Powell permission to do that.
Starting point is 00:23:36 The broader federal criminal inquiry into Powell led by the United States' attorney for the District of Columbia, since last fall, they've been examining allegations of fundraising and financial fraud by Sydney Powell running the group that's according to documents reviewed by the Guardian. In Corporation Papers, Powell filed with Texas Secretary of State on December 1, 2020 for defending the Republic listed only three people as comprising the Group's initial board, Powell, Lin Wood and Brandon Castleberry, a Beverly Hills-based businessman and consultant. The Federal Grand Jury has reviewed extensive documents that neither Wood nor Castleberry
Starting point is 00:24:11 ever consented to serve on DTR's board. One of the two men, that's one of the sources here, it's either Wood or Castleberry, has said he wasn't notified even after the fact that Powell had named him as a board member. The Grand Jury is investigating whether Powell misrepresented the makeup of her board in an effort to attract more donors. That's fraud. The federal investigators are also trying to determine whether Powell diverted money from DTR for her own personal use, also illegal.
Starting point is 00:24:36 And they're also looking into whether Powell defrauded donors by falsely claiming their donations to DTR were used to finance lawsuits. The Kraken lawsuits. Powell has said the mission of DTR has been to protect the integrity of the election of the United States, but to do so required that quote, millions of dollars must be raised, she said, but investigators have found only one single instance in which those funds were used to finance one of her numerous high profile election cases. Ironically, the federal investigation is also looking into whether Powell improperly used funds
Starting point is 00:25:06 from DTR to defend herself. In defamation cases brought against her by Dominion voting. And with that in mind, it's time to play the fantasy indictment lead. I'm gonna be a dick. No, it is gonna be okay. I'm gonna be a dick. I'm a dick.
Starting point is 00:25:21 A diner. I'm gonna be a dick. Hold it, they can't. It's gonna be okay. Just calm down. I can't calm down. I'm going to be dead. Well, I'm going to draft Sydney Powell this week. That's a new one. I've never had her on my fantasy indictment team before. I think it's time we hear also about a cooperation agreement with Tom Barrick in the Eastern District of New York. I'm also going to draft Trump for charges from the DC US Attorney's Office for obstruction of justice.
Starting point is 00:25:46 That's volume two of the Mueller report. I'm going to keep hammering on that if the DC US AO doesn't charge him. The DC US AO just got there November 5. Remember that. And let's go with Rudy DeGenerne von Tonsig. Let's do that. That three stuages. And then of course Gates L. Key, L.A.K., I believe her name is, and Jacob Engels in Florida town.
Starting point is 00:26:11 And let's go with a cooperation agreement with McConney in the Manhattan DA probe. There's so many to choose from. Thank you all very much. Again, thanks to our patrons. I appreciate you. And you can listen to us every week here. You can listen to the daily beans every week day morning. And then, of course, we're doing, here, right matters by Colonel Alexander Vindman for
Starting point is 00:26:30 the MSW Book Club right now. And those episodes drop on Sunday as well. That's the show this week. We will see you next week. And until then, please take care of yourselves. Take care of each other. Take care of the planet and take care of your mental health. I'm a Neige.
Starting point is 00:26:42 And this is Mullullershi Road. [♪ Music playing in background, playing in background, MSW Media, a group of creator-owned podcasts focused on news, just as in politics. For more information, visit MSW Media.com. They might be giants that have been on the road for too long. Too long. And they might be giants aren't even sorry. Not even sorry. And audiences like the shows too much. Too much.
Starting point is 00:27:33 And now they might be giants that are playing their breakthrough album, Fluff. All of it. And they still have time for other songs. They're fooling around. Who can stop? They might be giants and their liberal rocket gender. Who? No one. Disadvantaged paid for with somebody else's money.
Starting point is 00:27:49 M-S-W-Media

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