Tangle - The Georgia election interference case.
Episode Date: March 18, 2024The Georgia election interference case. Last week, there were two major developments in the 2020 election interference case in Georgia. First, Fulton County Superior Court Judge Scott McAfee dismissed... six counts in the sprawling indictment against former President Donald Trump and 14 co-defendants, including three counts specific to Trump.You can read today's podcast here, our “Under the Radar” story here and today’s “Have a nice day” story here.On Sunday, we released Episode 1 of our first ever limited podcast series: The Undecideds. We're following five voters — all Tangle readers — who are undecided about who they are going to vote for in the 2024 election. In Episode 1, we introduce you to those voters.Today’s clickables: A couple of notes (1:04), Quick hits (3:18), Today’s story (5:26), Left’s take (8:49), Right’s take (12:27), Isaac’s take (15:59), Listener question (20:26), Under the Radar (22:54), Numbers (23:44), Have a nice day (24:37)You can subscribe to Tangle by clicking here or drop something in our tip jar by clicking here. Last week, we released more tickets to our New York City event on April 17th, and they got gobbled up quickly. Our general admission tickets are now sold out; but we still have some VIP seats left for purchase. Get them here. What do you think of the updates on the Georgia case? Let us know!Our podcast is written by Isaac Saul and edited and engineered by Jon Lall. Music for the podcast was produced by Diet 75. Our newsletter is edited by Managing Editor Ari Weitzman, Will Kaback, Bailey Saul, Sean Brady, and produced in conjunction with Tangle’s social media manager Magdalena Bokowa, who also created our logo.--- Send in a voice message: https://podcasters.spotify.com/pod/show/tanglenews/message Hosted on Acast. See acast.com/privacy for more information.
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Interior Chinatown is streaming November 19th, only on Disney+.
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yourself from the flu. It's the first cell-based flu vaccine authorized in Canada for ages six
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From executive producer Isaac Saul, this is Tangle.
Good morning, good afternoon, and good evening, and welcome to the Tangle Podcast,
a place we get views from across the political spectrum, some independent thinking, and a little bit of my take. I'm your host, Isaac Saul, and on today's episode, we're going to be talking about
the latest out of the Georgia election interference case against Donald Trump.
The latest out of the Georgia election interference case against Donald Trump.
We got two big things that happened last week.
Fannie Willis is going to stay on the case, but her top deputy, I guess you could say,
is being removed and or is resigning now.
And we also got some news about some counts being dismissed in the case that I thought were pretty significant, maybe even a little undercover. So we're going to talk about those stories and, as always, share some opinions from
the left and the right, and then my take. Before we do, I have two pieces of big news I just wanted
to share and bring along the podcast. First of all, if you are a podcast listener, you probably
noticed that on Sunday we released episode one of our first ever limited podcast
series called The Undecideds. We're going to be following five voters, all Tangle readers actually,
who are undecided about how they are going to vote in the 2024 election. In episode one,
we introduce you to those voters and just hear a little bit about their lives and how they form
their political views. So that episode is now up on this very
podcast channel. At some point in the near future, we're going to be creating our own separate
channel for this limited series called The Undecideds. So you'll probably hear me pointing
you there and asking you to go subscribe and follow that channel so you can get all the latest
when those new episodes come out. But I'm really excited about this. I'm pumped for it. You heard our trailer last week and yeah, you should go listen to episode one. All of this for us is, you know,
a fun work in progress and an experiment and also something new. I mean, we are going to be starting
to produce stuff in the Tangle Media umbrella as we grow that maybe is just a little bit outside,
you know, our standard newsletter and podcast.
So I'm really, really pumped about that.
Speaking of things we're producing outside the newsletter and podcast, last week we released
more tickets to our New York City event on April 17th, and they got gobbled up quickly.
So thank you all again.
We are once again sold out on general admission tickets for our April 17th event in New York.
general admission tickets for our April 17th event in New York. But we still have a number of VIP seats left for purchase, and I would love to sell those out, obviously, because that would be really
important for us as a budgetary thing for the event, and I want to meet as many of the Tangle
fans as possible. So if you have not yet gotten a ticket, don't be scared of the VIP. We've got
a few left. We'd love to sell those all out. And I would love to meet some of you guys after the
show. You can find those tickets with a link in today's episode description. All right, that is
it for our announcements today, which brings us to our quick hits. First up, Vladimir Putin won re-election in Russia with over 87% of the vote. Putin faced
few challenges after a harsh era of crackdown on political dissidents, and in a victory speech,
he called the death of opposition leader Alexei Navalny a, quote, unfortunate incident, end quote.
Number two, James Crumley,
the father of the Oxford high school shooter in Michigan, was convicted of involuntary manslaughter.
Crumley's wife Jennifer had been convicted in February, we covered that story on the podcast
previously, and she became the first parent in the U.S. to ever be found criminally responsible
for their child carrying out a mass killing. Number three, Robert F. Kennedy Jr. is
reportedly going to name California attorney Nicole Shanahan as his running mate. Shanahan,
who funded Kennedy's Super Bowl ad, is a top Democratic donor who was once married to Google
co-founder Sergey Brin. Number four, the Supreme Court is hearing arguments today in a case about
how far the federal government can pressure social media companies to remove content it deems misinformation. And number five, the United Nations Food Agency
released a new report warning that famine is expected in northern Gaza between now and May.
Separately, World Central Kitchen delivered its first seaborne humanitarian aid to Gaza on Friday,
but is still waiting for it to be distributed.
A judge in Georgia just ruled that Fulton County District Attorney Fannie Willis,
who brought Georgia's election interference case against Trump,
can stay on the case but with big conditions after a motion was made to disqualify her. A judge gave Willis an ultimatum on Friday. Either she's disqualified
from Georgia's election interference case against former President Donald Trump or a special
prosecutor, Nathan Wade, steps aside. Well, on Friday, Wade resigned. The judge ruled lawyers
for Trump and his co-defendants failed
to prove a conflict of interest where Willis improperly benefited from her year-long romantic
relationship with Wade. Last week, there were two major developments in the 2020 election
interference case in Georgia. First, Fulton County Superior Court Judge Scott McAfee dismissed
six counts in the sprawling indictment
against former President Donald Trump and 18 co-defendants, including three counts specific
to Trump. Trump and 18 other defendants were charged under Georgia's Racketeer Influence
and Corrupt Organizations Act, also known as RICO. Four have pleaded guilty to lesser charges already.
Six of the dismissed counts involved soliciting public
officers to violate their oaths. One of the counts that was thrown out was a charge brought because
of the now infamous call Trump made to Georgia Secretary of State Brad Raffensperger in which
Trump asked him to find 11,780 votes. Judge McAfee said the counts did not allege sufficient detail
regarding the nature of the violations. The lack of detail concerning an essential legal element is, in the undersigned's opinion,
fatal, McAfee wrote. They do not give the defendants enough information to prepare
their defenses intelligently. The most serious charges against Trump and the remaining 14
defendants, the racketeering charges, still remain. In his order, McAfee said the issues
with the six dismissed counts could be easily remedied,
though appealing or refiling the indictments would likely delay the case.
Then, on Friday, McAfee issued a separate decision that Fannie Willis,
the prosecutor bringing the case against Trump, could stay on the case as long as the deputy she
had been having a romantic relationship with resigned. Willis, the Fulton County prosecutor
who brought the charges against Trump, was accused by
lawyers representing Michael Roman, one of the 18 co-defendants, of engaging in impropriety by
having a relationship with Nathan Wade, her deputy. Roman's lawyers argued that Wade, Willis, and the
entire office should be removed from the case for a conflict of interest since Willis had hired
someone she was having a relationship with. In a dramatic courtroom scene in February, both Willis and Wade testified in their own defense. McAfee said the now-ended relationship
created the appearance of impropriety, and removing Wade or Willis was his proposed remedy.
The order means the case can move forward with Willis at the helm, but the judge's assessment
and Wade's removal was still damaging for Willis and her team. Not only did it delay the trial,
but it called into question Willis' judgment. Judge McAfee, who once served under Willis,
had to navigate George's conflict of interest rules for prosecutors and ultimately said that
the defendants failed to show how Willis's conduct influenced the case. However, he said it was
necessary to avoid even the appearance of a conflict of interest, thus giving Willis or
Wade the option to step down.
He also wrote that Willis displayed a tremendous lack of judgment and suggested the issue could be further investigated in other forums like the state bar or an ethics commission. He even implied
Willis may have perjured herself by denying when her relationship began, saying there were
reasonable questions about whether Willis and Wade testified untruthfully about when they started
dating.
Together, the rulings mean the case will move forward, but in a slightly different form.
There will be six fewer counts on the indictment, including three fewer attached to former President Trump, and Willis will no longer have her top deputy on board. Today, we're going to examine
some arguments from the left and the right about McAfee's decision, and then my take. We'll be right back after this
quick commercial break. All right, first off, we'll start with what the left is saying. The
left supports the judge's decision not to remove Willis from the case, suggesting there was no legal basis for removing her after all. Some criticized the
ruling for impugning Willis's honesty. Regarding the dropped charges, most say they won't impact
the trajectory of the case. In CNN, Norman Eisen, E. Donya Perry, and Joshua Kolb said that McAfee
got the Fonny-Willis call right. McAfee recognized Friday that there was no
actual disqualifying conflict of interest proven, even though he criticized Willis for her conduct
since her relationship with Wade looked terrible. To resolve the situation, McAfee told the DA's
office Wade must step down if Willis is to remain on the case. Wade immediately did so,
recognizing that it was the right, indeed the only, thing to do. We have recommended since
the beginning of this sideshow that Wade depart in order to return the focus to what the case
is about, the mountain of evidence that Trump and his co-conspirators engage in one of the
most serious alleged crimes in American political history. McAfee was also correct to suggest that
the weight of the evidence did not conclusively show that Willis and Wade's relationship began
before Wade was hired,
contrary to the defense's assertions that the DA hired her boyfriend and puncturing the theory that she did so to benefit her romantic partner. What transpired during these disqualification
proceedings diminishes the underlying strength of the case against Trump and his alleged
co-conspirators. In the Daily Beast, Shan Wu argued that McAfee's ruling is a mess. McAfee gradually
lost control of the disqualification hearing process. He allowed the hearing to become an
unfettered spectacle of smear, allowing Trump lawyers to even disparage Wills' father, Wu said.
Worse, at the end of all that, McAfee produced a poorly written, poorly reasoned ruling. McAfee
had promised the prosecution and defense that he would
have his decision out today and that no ruling of mine is ever going to be based on politics.
I'm going to be following the law as best I understand it. Of those three promises, the only
one he fulfilled was he got the ruling out on time. The judge paternalistically scolded Willis
for bad choices as though he was sitting in judgment of her personal life rather than whether
her personal life had any prejudicial effect on the defendants, Wu added. But the most offensive
part of the opinion is Judge McAfee's pompous characterizations of the matter as troubling to
him because an odor of mendacity remains. Mendacity means not telling the truth, and as a judge, he
decides whether Willis and Wade were lying or not. It is the height of judicial impropriety to decline to find that they lied, but then impugn their character by saying there
is an odor about their truthfulness. In MSNBC, Steve Bannon wrote about why Trump isn't eager
to talk about the dismissed charges. The former president didn't tout the developments on his
social media platform and didn't hold a press conference. His 2024 campaign didn't issue a
written statement,
and neither did their super PAC align with his political operation. Trump and his team received
some good legal news, which isn't an altogether common occurrence, but it appeared that they
weren't at all interested in letting anyone know. The reason, as the Republicans' lawyers likely made
clear to him, was that the news wasn't that good. The judge in Fulton County didn't say Trump was
innocent. He said a few of the pending criminal counts in the indictment needed additional
clarity. Local prosecutors can refile the charges with more detail, or they can appeal the ruling,
though both steps would delay the overall process. There's a reasonably good chance that they'll
simply proceed with their case and the charges that remain intact, Benin said. It makes sense
that the former president wasn't overly eager to talk about it.
Alright, that is it for what the left is saying, which brings us to what the right is saying.
The right sees McAfee's decision is too lenient given the evidence presented against
Willis. Some say the end result of allowing Willis to stay on is still a win for Trump.
Others focus on the decision to dismiss some of the charges, calling it legally sound.
Based on Charles Yu's award-winning book, Interior Chinatown follows the story of Willis Wu,
a background character trapped in a police procedural who dreams about a world beyond Chinatown. When he inadvertently becomes a witness to a crime, Willis begins to
unravel a criminal web, his family's buried history, and what it feels like to be in the
spotlight. Interior Chinatown is streaming November 19th, only on Disney+.
The flu remains a serious disease. Last season, over 102,000 influenza cases have been reported
across Canada, which is nearly double the historic average over 102,000 influenza cases have been reported across Canada,
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Talk to your pharmacist or doctor about getting a flu shot. Consider FluCellVax Quad and help
protect yourself from the flu. It's the first cell-based flu vaccine authorized in Canada for
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In the New York Post, Jonathan Turley said that McAfee throws Fannie Willis a lifeline
when he should have tossed the whole case. Willis and Wade's personal controversies have
derailed the case and mired the prosecution in scandal. Ethically, this should not have been a difficult question.
They should have stepped aside. That conclusion is more than evident in McAfee's decision,
which shreds their claims on the stand and outside of the courthouse, Turley said.
McAfee has done a fair job throughout the case. Moreover, he makes a valid point when he notes
that this evidence does not establish a strong basis for claiming that the case was brought or pursued due to this relationship
or possible financial gain. The problem is that the court casts doubt on Wade's testimony on the
relationship, but ignores that Willis effectively ratified those claims in her own testimony,
Turley said. If he disqualified Willis, he would likely have had to disqualify her entire office. That
would throw the entire case and certainly the pre-election schedule into doubt. It does not,
however, serve the interests of justice. Willis will now prosecute defendants for false statements
as her own questionable testimony is likely to be investigated by the state and the bar.
In hot air, Ed Morrissey wrote that McAfee splits the Fonny baby. So Willis acted unprofessionally in the courtroom and contributed to an odor of mendacity,
establishing an appearance of impropriety. But McAfee wants to let Willis resolve the situation
because she's just so darn trustworthy or something, Morris said.
The problem with splitting the baby is that the baby dies. That seems to be what happened here
in McAfee's attempt to be Solomonic. If he wanted
Fonny Willis to remain in charge of the case, he needed to exonerate her from all these issues.
Instead, he admitted what everyone could see on live television and then refused to act on it.
That sets up an appeal, of course, based on the factual record that McAfee established in his
order, and one has to wonder whether that is McAfee's intent. To punt this to the state
appellate court
rather than risk the ire of Fulton County voters by disqualifying Willis, declare her guilty,
fail to act, and let the next set of judges with more political insulation deal with the issue
themselves. Or maybe, even more quickly, letting the Georgia State Bar and the Attorney General
deal with the odor of mendacity and preempt the whole issue by suspending Willis's law license.
deal with the odor of mendacity and preempt the whole issue by suspending Willis's law license.
In Fox News, Andrew C. McCarthy suggested McAfee's decision to dismiss some of the charges offers a vital look at our legal system. The solicitation counts are among the most pernicious
in Willis's indictment. Americans have a constitutional right to petition government.
As long as they're not doing so by bribery or extortion, they're allowed to ask legislators
and executive officials to use their powers in ways that would be uncontroversial and even
potentially unlawful, McCarthy wrote. The court's interpretation of the law was entirely correct,
and the case demonstrates how our system is supposed to work. It is not a crime to ask the
state officials to question election results, but the charges that McAfee dismissed are not
necessarily out of the case. Judge McAfee
said that prosecutors could refile or supersede the indictment, adding more specificity about
exactly what duties of office were implicated, i.e., how the performance of those particular
duties is reflected by the terms of the oath of office that the officials take.
All right, that is it for the left and the right are saying, which brings us to my take.
There are two threads here, and they are both pretty bad for Fonny Willis.
The one that has dominated the headlines is all about her alleged impropriety and the question of whether appointing Wade created a conflict of interest. As I wrote when this case first came out, I thought the argument that she should not
be disqualified was more convincing. Georgia law seems clear that a prosecutor should only be
disqualified from a case when their conflict of interest could prejudice them into an improper
conviction. The lawyers pursuing Willis's disqualification were essentially arguing
that the relationship itself created a conflict of interest without really pinning down why, beyond the fact that Wade got paid $650,000 after she hired him and the two traveled together.
It is quite obviously problematic that she was in a romantic relationship with her top deputy and taking vacations with him while he got paid hundreds of thousands of dollars in taxpayer money.
and taking vacations with him while he got paid hundreds of thousands of dollars in taxpayer money.
But the lawyers pursuing her dismissal did not make a strong argument that she made any improper prosecutorial decisions that were influenced by that relationship. As Richard
Painter argued in The Atlantic, that does not absolve Willis. He suggested that she should
step down voluntarily, even if McAfee shouldn't force her to resign. He also
correctly predicted this outcome, that Wade would voluntarily step down to resolve the dispute.
I cited Painter's argument as the most compelling I had seen in our initial coverage of Willis'
testimony, and I'm glad I did. The whole drama of when this relationship started was a huge
distraction, and I'm also glad McAfee moved it from the court without completely resolving some of its open questions. Willis' timeline of the relationship
that she and Wade did not start dating until after he was hired was undercut both by witness testimony
and some text messages, while the star witness against her turned out to be operating in very
untrustworthy ways, including by helping build the case against her outside of court,
and then refusing to cooperate as a witness inside of court. Truly, the entire thing was a mess on
both sides, which I think was apparent in McAfee's order. Where McAfee landed seemed to be in line
with the law, and it also feels right. Given that he is an elected official with an election
upcoming, I'm sure he appreciated having an obvious down-the-middle approach to take, too. Those who argue this ruling was simply splitting the baby, like Ed Morrissey
under what the right is saying, have it backward. McAfee's decision threads the needle of adhering
to the law, offering sufficient repercussions for misconduct, and also leaving open legal avenues
to investigate Willis down the line. However, the drama surrounding Willis and her relationship is far less interesting to me than the case's legal arguments and its general
stagnation. Since the beginning, I've been skeptical about Willis' decision to pursue
RICO charges and questioned how she could pull this case off on the proposed timeline.
In that vein, what happened earlier this week when McAfee threw out six counts,
including three against Trump, was much more important. McAfee effectively told Willis that some of the charges she brought
lacked clarity, meaning she can either refile them differently and likely delay the case further,
or appeal the ruling and definitely delay the case further. The most striking aspect of McAfee's
decision is that the charges he dismissed were what I've described as Trump's most egregiously bad actions, his phone calls to election officials. Trump's call to Raffensperger, in which he asked
him to find the votes he needs to win, the recording of which sparked this case, resulted
in a solicitation of violation of oath by a public officer charge. That that charge must be
respecified or appealed or dropped entirely is the strongest example yet of just how
difficult it is to criminally prosecute some of Trump's post-election actions. Now, it isn't all
good news for Trump. Willis is staying on in 10 of the 13 counts he faces are moving forward,
including the quote-unquote big one, the racketeering charge that he faces along with
15 other defendants who haven't already pled guilty. Still, the last week has been validating for the many conservative commentators who argued that
Willis overcharged her case with novel legal ideas and that her prosecutorial team was too
disorganized to win this case. Having taken a reputational hit and with the case getting
further delayed, those arguments now seem quite prescient.
delayed, those arguments now seem quite prescient. We'll be right back after this quick break.
All right, that is it for my take, which brings us to your questions answered. This one's from Jana in Florida. Jana said, kind of a random question, but am I the only one who's
worried about how much more advanced AI-generated videos are becoming now that we're officially in
election season? AI-generated videos becoming more advanced could potentially make it harder
to tell fact from fiction, and I'm not feeling optimistic about that at all. So as a general rule,
if you ever find yourself asking, am I the only one? The answer is no, definitely not.
And in this case, that's also true.
Lots of people are very worried about AI's influence on the upcoming election, and that
influence might not just be through video either.
You should be careful about audio clips shared without context, pictures that might seem
strange, and any news story coming from both an unfamiliar source or a person you don't
know.
That's not me telling you to only trust the big media ecosystem. I'm just stressing that you
should be more discerning than usual as we enter this year's election season. And it'll be coming
from both sides, too. There are already two recent examples of audio and visual fakes that made
headlines. From the right, there have been fake AI-generated images of Donald Trump
with Black people that are believed to be an attempt to influence the Black community to vote
for Trump. There's no evidence to suggest that the Trump campaign was directly involved in creating
or distributing the images, but you should be aware of the effort nonetheless. From the left,
we recently shared the story of the AI-generated fake Joe Biden robocalls that were discouraging
people from voting in their primaries and the recent discovery that the person behind them
was a consultant for Dean Phillips' presidential campaign, Stephen Kramer. Phillips and Kramer
hold firm that he acted independently. Kramer says that he was trying to warn about the dangers of AI
and compared his collaboration with an out-of-work magician to fake the voice of the president
to Paul Revere warning about the British coming. And that isn't even to mention AI-generated videos
or deepfakes, which are sure to be prevalent leading up to the election. Detecting those can
be very hard, but it isn't impossible. The MIT Media Lab published an excellent piece giving
tips on how to spot deepfakes, which include examining the consistency of cheek and forehead
skin and the movement of lips and hair. The point is, this election season we're going to have to rely on
much more than just journalists or our own eyes for the truth. We're going to have to rely on
technology experts trained in spotting fake content to help us navigate the waters.
All right, next up is our under-the-rad radar section. It could get much cheaper to sell your home after
the National Association of Realtors agreed on Friday to pay $418 million in damages and introduce
new rules related to broker commissions. The agreement, which still needs to be court approved,
will impact nearly 90% of home sales that are handled by real estate
agents affiliated with NAR. Previously, NAR required sellers to determine a commission rate,
usually around 6%, before listing homes on its property database. Homeowners are typically on
the hook to pay that fee, but it could now come down, making home selling cheaper, but also
impacting over a million real estate agents' compensation. CBS has the story, and there's a link to it in today's episode description.
All right, next up is our numbers section. The number of days since Donald Trump and 18 others
were indicted in Georgia in the 2020 election interference case is 217. The number of felony
counts that remain against Trump in Georgia after Judge
McAfee dismissed some of the charges is 10. Trump's lead over Joe Biden in Georgia,
according to a CBS News YouGov poll released last week, is 51 to 48 percent. The percentage
of likely voters in Georgia who said they wouldn't consider Trump fit to serve as president if he
were found guilty in the election interference case is 55 percent. The percentage of likely voters in Georgia who say they are more concerned that the guilty in the election interference case is 55%. The percentage
of likely voters in Georgia who say they are more concerned that the charges in the election
interference case are politically motivated than that Trump tried to overturn the election is 43%.
The percentage of likely voters in Georgia who say they are more concerned that Trump
tried to overturn the election than that the charges against them are politically motivated
was 36%. All right, and last but not least, our have a
nice day section. A few weeks ago, after making a weekly return to his hosting position at The
Daily Show, Jon Stewart gave a tearful eulogy for his recently deceased dog of 12 years, Dipper.
He described how he and his children were doing a bake sale in front of Animal Haven, a no-kill
animal shelter in Manhattan, when they put Dipper in his lap to drive donations.
Stewart ended up adopting him.
Now, his televised story drove a new and larger round of donations for the shelter.
We're just shy of $50,000, Tiffany Lacey, Animal Haven's executive director,
told CBS News on Friday, four days after the show aired.
This is a big deal, and it's very unexpected.
CBS News has the story and there's a link to it in today's episode description.
All right, everybody, that is it for today's podcast. As always, if you want to support our
work, go to retangled.com and consider becoming a member. And don't forget,
we've got VIP tickets on sale and a brand new
podcast that just launched on Sunday. Go check out the podcast in our channel. It'll be the
episode right before this one. We'll be right back here same time tomorrow. Have a good one.
Peace.
Our podcast is written by me, Isaac Saul saul and edited and engineered by john wall
the script is edited by our managing editor ari weitzman will k back bailey saul and sean brady
the logo for our podcast was designed by magdalena bakova who is also our social media manager
music for the podcast was produced by diet 75 and if you're looking for more from tangle
please go to retangle.com and check out our website.
Based on Charles Yu's award-winning book, Interior Chinatown follows the story of Willis Wu, Thanks for watching. and what it feels like to be in the spotlight. Interior Chinatown is streaming November 19th, only on Disney+.
The flu remains a serious disease.
Last season, over 102,000 influenza cases have been reported across Canada,
which is nearly double the historic average of 52,000 cases.
What can you do this flu season?
Talk to your pharmacist or doctor about getting a flu shot.
Consider FluCellVax Quad and help protect yourself from the flu.
It's the first cell-based flu vaccine authorized in Canada for ages six months and older,
and it may be available for free in your province.
Side effects and allergic reactions can occur, and 100% protection is not guaranteed.
Learn more at FluCellVax.ca.
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