Government

Gingrich Defends Activist Judge Comments: ‘Why Do the American People Have to Tolerate an Anti-Religious Bigot?’

GOP presidential hopeful Newt Gingrich was on Bill O’Reilly’s Fox News show Tuesday night and defended recent comments he made about “activist judges.”

For those unfamiliar with the former House Speaker’s comments, here is his Face the Nation interview:

“Let me just ask you this and we’ll talk about enforcing it, because one of the things you say is that if you don’t like what a court has done, the congress should subpoena the judge and bring him before congress and hold a congressional hearing…from a practical standpoint, how would you enforce that? Would you send the capital police down to arrest him?” asked CBS’s Bob Schieffer.

“If you had to,” Gingrich responded

“You would?”

“Or you instruct the Justice Department to send the U.S. Marshal. Let’s take the case of Judge Biery [A Texas Federal judge who tried to prohibit prayer at a graduation ceremony]. I think he should be asked to explain a position that radical. How could he say he’s going to jail the superintendent over the word ‘benediction’ and ‘invocation’? Because before you could—because I would then encourage impeachment, but before you move to impeach him you’d like to know why he said it. Now clearly since the congress has—“

“What if he didn’t come? What if he said no thank you I’m not coming?” Schieffer asked, cutting Gingrich off.

“Well, that is what happens in impeachment cases. In an impeachment case, the House studies whether or not — the House brings them in, the House subpoenas them. As a general rule, they show up. I mean, you’re raising the core question—are judges above the rest of the constitution or are judges one of the three co-equal branches?” Gingrich asked his host.

Since making these controversial statements, several pundits, analysts and commentators have questioned the former House Speaker’s judgment and the constitutionality of his arguments. Bill O’Reilly gave him a chance to explain himself.

The FOX segment begins with the host recalling earlier criticism he had for the Gingrich for saying that he would send police after activist judges.

“Was I wrong in that criticism?” O’Reilly asked Gingrich.

Gingrich defended his comments by saying he “was simply explaining the constitutional provision that exists,“ and that ”people have blown [his comments] way out of proportion.”

O’Reilly told Gingrich that his mistake was using Judge Biery as an example. O‘Reilly referred to Biery’s decision about graduation ceremonies as “insane,“ and said that ”you can’t have Congress involved with foolish decisions at that level.”

“Why not? Why not?” Gingrich shot back.

“Because it‘s not the government’s business until it gets out of control. They overturned [Judge Biery] in 10 seconds.” O’Reilly said (they didn’t).

“Why do the American people have to tolerate an anti-religious bigot sitting on the bench?” Gingrich asked.

To this, O’Reilly repeated his earlier criticism and told Gingrich that his comments came off as “imperious.”

See the exchange here:

(h/t Huffington Post)

Comments (99)

  • garyM
    Posted on December 21, 2011 at 10:40pm

    I made my mind up tonight. After all the underhanded trashing I’ve seen of Newt, Perry and whoever is ahead of Romney, I will vote for whoever wins the nomination if it’s not Romney or Paul. If it’s Romney or Paul, I’ll vote a protest vote for a third party. It won’t matter anyway, Obama will win easily over those either Romney or Paul even if I did not vote! God help us and God help stupid people who can’t see their hand in front on their face!

    Report Post »  
    • Locked
      Posted on December 21, 2011 at 11:00pm

      “After all the underhanded trashing I’ve seen of Newt, Perry and whoever is ahead of Romney, I will vote for whoever wins the nomination if it’s not Romney or Paul. If it’s Romney or Paul, I’ll vote a protest vote for a third party. ”

      Sorry, you had this big long message, and all it ended up saying was “Obama 2012!!” I figured I’d help shorten it for you.

      Report Post »  
    • smackdown33
      Posted on December 21, 2011 at 11:47pm

      I would vote for Paul, but I will never vote for Romney.

      His old man was part of the ‘Stop Goldwater’ progressive Republican clan back in ‘64. Goldwater was saying then, what conservatives are saying today. He was too far ahead of his time, though in his later years he fell a little too far left.

      Report Post »  
    • KICKILLEGALSOUT
      Posted on December 22, 2011 at 12:07am

      Well, you go ahead an compromise your vote for an establishment Obama light candidate. As for me it is Dr. Ron Paul, the only one that is serious about fighting for our freedom, liberty, and fiscal sanity in this country!

      As for the activist judges, where are the checks and balances in this country anymore? Our system is so corrupt it is outrageous.

      Report Post » KICKILLEGALSOUT  
    • WeDontNeedNoSteenkinBadges06
      Posted on December 22, 2011 at 2:23am

      Bravo, Newt Gingrich. The REAL ISSUES of the DELIBERATE DESTRUCTION OF THE U.S.A. and CONSTITUTIONAL SOLUTIONS of AMERICA UNDER GOD. That’s what we need. The arrest, prosecution, and punishment of rampant Washington D.C. TREASON, the SEDITIOUS Soros & hirelings, and the fifth-column Progressives (communist) propagandist Media.

      “Glenn Beck UNPLUGS THE RED-OBAMA PHONE!! :: America Is Leaving Behind Obama’s Violent Left!”
      http://www.youtube.com/watch?v=fIhLIQAxVWs

      Report Post » WeDontNeedNoSteenkinBadges06  
    • charleyrocks
      Posted on December 22, 2011 at 5:17am

      All judges should be held accountable, they are too relaxed in their decisions, and they are making mistakes that could be avoided. Too many people get away with murder.

      Report Post » charleyrocks  
    • smithclar3nc3
      Posted on December 22, 2011 at 8:33am

      Newt through the Contract For America balanced the budget that soooo many Demorats give Clinton the credit for. Clinton only signed what Newt forged.

      Report Post »  
    • FEISTY
      Posted on December 22, 2011 at 9:30am

      Jeez, let the man explain himself and discuss the issue. Everyone gets into a panic for no reason, Bill included. And hell yes, anti-religious, anti-American judges should NOT be on the bench.

      Report Post »  
    • SANE_I think
      Posted on December 22, 2011 at 10:23am

      Please people, just remember. HUSSAIN OBAMA is the Marxist. PLEASE forget third party votes and make sure he is no longer the commander & divider. BHO must not win again! Do not lose site of the forest because of all the tree’s. If BHO get’s in again this country will not survive! IMHO

      Report Post »  
    • Brother Gary
      Posted on December 22, 2011 at 1:32pm

      Dito … I’m a 57 y/o conservative who has never voted for a Democrat for president. If Romney is the GOP nominee … that will change.

      Report Post »  
    • Smoovious
      Posted on December 22, 2011 at 9:43pm

      Brother…

      seriously?

      You claim to be a conservative…

      You would vote for Obama, because you think Obama is more conservative than Romney?!

      Are you insane?

      Hey, man, I don’t like Romney much either, and I would certainly like to have ONE election before I die, voting for someone I actually like… and Romney isn’t that guy… but if he gets the nomination, the alternative to Romney is just plain unacceptable, and I’ll be voting for Romney, for no other reason than to vote against the one who I believe is an actual threat to the country.

      How can you claim to be a conservative, and say you’d vote for Obama, just to spite the fact that you don‘t like that Romney got the GOP’s nomination? (I know you said Democrat, but lets get serious about this… the Democrat will be Obama. You know it, I know it, eveyone else knows it.)

      Just unreal, man… think.

      – Smoov

      Report Post » Smoovious  
    • Hobbs57
      Posted on December 22, 2011 at 11:34pm

      hahaha .. You people crack me up. I am nearly certain you far right wing nuts are equally the very same people as the far left radicals. The only difference between you two is that they actually go out and take a stand for what they believe. They will do what ever necessary to get what want, the ends justifying the means. However, one thing they would NEVER do, no matter how badly they hate their candidate, vote for opposing party. You sound like a bunch of 4 year olds that never grew up. Living a sheltered life, absent and cold to the realty of what life really is in the United States of America. Amazing, just plain amazing. Really, the more I listen to you people, the more I am wondering if I am not finding myself agree with a great number of the labels placed upon us by the left. I certainly see where they have grounds to say it is true. You know, if I had done extensive research on bigotry, stereotyping, and discrimination, maybe I wouldn’t understand why it people such as yourselves are the way you are. A great many answers can be found in the studies conducted by Social Psychologist that explains the pure nature of hate inside of you people. I used to be one of you, I can only thank God I am no longer holier than now, what an ugly miserable person I was. Though, I would have never told you that cause I would have never believed it. You buy into the knowledge of the world just as much as the intellectual elite lefty’s. Sad but true !

      Report Post » Hobbs57  
  • garyM
    Posted on December 21, 2011 at 10:32pm

    I’ll give Beck credit, if he had not herded the sheep and trashed Newt, Newt would be leading in all the polls and win the nomination. Beck has a great following, no one even considered Newt a progressive until Beck started the Teddy Roosevelt stuff. He built up a following giving lots of facts about the Obama admin and I could see those facts but he lost me when I saw what his agenda was in this primary. He trashed Perry, Cain and Newt, whoever was leading Romney. I expect his followers will follow Beck and Romney all the way to the Obama inauguration!

    Report Post »  
    • V-MAN MACE
      Posted on December 21, 2011 at 10:36pm

      Newt IS an anti-religious bigot. (and an adulterer to boot)

      Report Post » V-MAN MACE  
    • nocalifornia
      Posted on December 21, 2011 at 11:00pm

      I see the holier than thou folks are out with stones in hand. Newt IS a Roman Catholic and all you folks who just hate us Catholics better start looking in the mirror before you pass judgments about anthers sins.

      Report Post » nocalifornia  
    • BetterDays
      Posted on December 21, 2011 at 11:33pm

      I’ve nothing against the sheep in the pews, as I USED to be so blind myself, born and raised with ALL that entails, ISM.
      READ the BIBLE, it‘s in there what I’ve against the Vatican.
      That and when you strip away the pomp of it’s religion, the Vatican is NOTHING more than a 1458 year old SOCIALIST government, the MOTHER of ALL socialist governments
      Please get wise, please I pray thee.

      Report Post »  
    • A Conservatarian
      Posted on December 21, 2011 at 11:56pm

      If Newt is a Roman Catholic and he got a divorce… that makes him a very bad Catholic and ensures he won’t be getting the sacrament.

      Report Post » A Conservatarian  
    • ONEGSOUL
      Posted on December 22, 2011 at 12:31am

      @ A Conservatarian – Newt was not a Catholic until after meeting Callista who through study, led him into Catholicism.

      Report Post » ONEGSOUL  
    • Al J Zira
      Posted on December 22, 2011 at 8:50am

      @Garym; Well thank you for having faith in me to make my own decision. You don‘t know me yet you say I couldn’t have come up with the knowledge that Gingrich is a progressive without Glenn Beck telling me so. That’s pretty presumptuous on your part to say the least.

      How do I know Gingrich is a big government guy? Every solution he has involves government as the answer. I don’t want the Capitol Police taking judges into custody to answer for their rulings. I want the people that appoint these judges or vote them in to have values and morals so I don’t have to worry about ridiculous rulings in the first place.

      This is just one immediate example, go back and look over Newt’s solution to just about anything. He’s been this way as long as I can remember. But if you don’t believe me here’s proof that I do my own homework. http://vimeo.com/6445068

      Report Post » Al J Zira  
    • ScratInTheHat
      Posted on December 22, 2011 at 12:55pm

      @ONEGSOUL So let me get this straight. The adulterous woman who Newt left his second wife for led him to the Catholic church?

      Report Post » ScratInTheHat  
  • CoolHandGordon
    Posted on December 21, 2011 at 10:16pm

    At this point and time who’s expecting to vote for a SAINT? Beck knows that repubs play checkers while the Man plays chess. In the next election cycle we‘ll have so many new citizens it won’t matter what you think. How did we let things get that far gone anyway? God help us. Regardless of the fire I see ahead, I am not afraid.

    Report Post »  
    • maryslittlelamb
      Posted on December 22, 2011 at 3:54am

      “How did we let things get that far gone anyway?”

      @CoolHandGordon We would have been less far gone if we had listened to Newt when he was Speaker. He didn’t use the term“progressive” but he did his damnedest to show us the path out of the woods. He was a one-man Tea Party! But thanks to the press, people were far more interested in the lurid sexual escapades going on in the Oval Office (Clinton). Newt did a lot of good things for America in those years and virtually single-handed in a hostile environment. How Glenn can call him a progressive I will never understand! http://www.newsmax.com/Ruddy/Ruddy-Gingrich-genuineconservative-/2011/12/11/id/420581

      Report Post »  
  • scrapadapolis
    Posted on December 21, 2011 at 10:12pm

    Idiot americans whos been trying to take away our 2nd amendment rights and who gave us NAFTA..Hell even Rush was against this guy.And remember the cell phone call captured by a man and woman on a scanner?Newt was never there for the people only himself..Fools..You people better do some research on Newt BEFORE you elect another Obama in white mans clothing!!

    Report Post » scrapadapolis  
    • garyM
      Posted on December 21, 2011 at 10:26pm

      I think you made a typo and meant Romney!
      Newt helped Reagan in 80′s, ran a tight ship as Speaker of the House and even the conservatives don‘t like him because he didn’t cut them any slack either, the dems hung him out to dry like they will anyone who tears up their liberal play house!

      Report Post »  
    • CoolHandGordon
      Posted on December 21, 2011 at 10:37pm

      “Idiot americans….”, “You people……” Another LIB TROLL paid for by US taxpayers.

      Report Post »  
  • garyM
    Posted on December 21, 2011 at 10:06pm

    http://www.knoxviews.com/node/17603

    read it first here!
    Newt’s site high jacked!

    Report Post »  
  • Clara88
    Posted on December 21, 2011 at 10:05pm

    Vote in the polls…there are 2..be sure and scroll down and vote in both..
    http://shark-tank.net/2011/12/20/23275/

    Report Post » Clara88  
  • garyM
    Posted on December 21, 2011 at 10:04pm

    Newt’s site highjacked:
    http://www.knoxviews.com/node/17603
    Second post, first one did not show up!

    Report Post »  
    • booger71
      Posted on December 22, 2011 at 12:46am

      Again old news, and it was not Newts site, it was one bought by the Dems to trash him.

      Report Post » booger71  
  • bullcrapbuster
    Posted on December 21, 2011 at 10:04pm

    I like what Newt is sayin on this one. But what would be the unintended consequences? Like if the progressives start to do the same thing.

    Report Post » bullcrapbuster  
  • Elucidator
    Posted on December 21, 2011 at 10:01pm

    Of course he’s right. The Congress is the branch of government closest to the people, then the President. It is the Congress and the President who nominate and appoint judges. Why WOULDN’T the Congress and the President have the authority to ask them to explain.

    According to the Constitution, it is the Congress that has authority to establish the lower courts. Thus, it is the Congress that would have authority to abolish a court.

    Lastly, the Congress just subpoened the Attorney General (a member of the Executive Branch) to testify regarding their actions in Fast and Furious. i.e. one branch of government subpoened a member of another branch of government to explain their actions. So the whole argument claiming separation of powers is just a bunch of bunk. Of course the Congress would have the power to subpoena a Judge to come and explain his actions.

    Report Post »  
    • grownup
      Posted on December 22, 2011 at 6:28pm

      Agreed. The Newt is right and these ideas need to be implemented. And he is probably still a sociopath. Till I see evidence he is a twelve step program, and doing well in it, he cannot be considered for the presidency.

      Report Post »  
  • garyM
    Posted on December 21, 2011 at 10:01pm

    Newt’s site highjacked……..Interesting the Blaze hasn’t pick that story up yet huh!

    Report Post »  
  • garyM
    Posted on December 21, 2011 at 9:59pm

    Gingrich website hijacked
    By R. Neal, Wed, 2011/12/21 – 12:29pm ShortURL
    Redirects visitors to a variety of sites such as Tiffany’s and Freddie Mac…

    Someone fears Newt’s ability to stomp their butt in an election. Is it Romney?

    Report Post »  
  • Clara88
    Posted on December 21, 2011 at 9:45pm

    Veterans are supporting a VETERAN….Gov Rick Perry
    Our military deserves a Commander In Chief they can be PROUD of and RESPECT
    GOD BLESS OUR BRAVE MILITARY AND OUR BELOVED BRAVE VETERANS
    http://www.rickperry.org/veterans/
    He’s a Christian.. AND..he doesn’t golf…he likes guns *SMILE*
    GOD BLESS THE 2ND AMENDMENT

    Report Post » Clara88  
    • carbonyes
      Posted on December 22, 2011 at 9:55am

      Could Perry get the job done? Possibly, but he would have to clean up his cronyism, otherwise known as favors, that he has practiced as Governor of Texas. we do not need any more politicians as President. We need a statesman or stateswoman.

      Report Post »  
  • mattmo79
    Posted on December 21, 2011 at 9:44pm

    Gingrich is correct, judges need to be accountable for the outlandish rulings against the constitution and the American people in general. The don’t rule over the rest of us and need to be held in check by congress and impeached!!

    Report Post » mattmo79  
    • fathers_thought
      Posted on December 21, 2011 at 10:03pm

      MattMo79 is right … Newt is right.
      Judges must also obey and uphold the law
      They must NOT try to create laws, that is the job of congress
      They must NOT use any law other than the Law of the US and the state of jurisdiction
      If not they are subject to impeachment.
      Impeachment procedures are well defined.

      Report Post »  
  • RightPolitically
    Posted on December 21, 2011 at 9:43pm

    Lefties hate Newt. Moderates hate Newt. That’s good enough for me.

    Report Post » RightPolitically  
    • An Arizonan
      Posted on December 21, 2011 at 9:59pm

      True conservatives despise Newt and consider him to be an Obama clone.

      Report Post » An Arizonan  
    • garyM
      Posted on December 21, 2011 at 10:08pm

      If you are talking about those true conservatives who are for Romney. he he he he ba ha ha ha ba ha ba ha ha ha!

      Report Post »  
    • carbonyes
      Posted on December 22, 2011 at 10:00am

      @AN ARIZONAN, not necessarily true! i am a staunch conservative and have no problem supporting Newt Gingrich. Haven’t made my final decision, but Gingrich is solidly in the mix. Romney and Huntzman are not.

      Report Post »  
  • rdk
    Posted on December 21, 2011 at 9:41pm

    That is just the way a Democracy works. You have to put up with a lot of stuff. And it is hard to get stuff changed.

    Report Post »  
  • Gary747
    Posted on December 21, 2011 at 9:23pm

    Gingrich is right about Lincoln and Dred Scott… the court ruling was not the way of the land. Attorneys fill Government, creating and enforcing laws made for their own agenda. The Legislative and the Executive Branches have the resposibility to stand up to judges who are too full of themselves.

    Report Post » Gary747  
  • TJexcite
    Posted on December 21, 2011 at 9:17pm

    Why do The American People Have to Tolerate an Anti-Religious Bigot?’

    Because that is what freedom is all about. Nothing better than a law to make people free from any thing they do like. Freedom from insult goes along with freedom from want.

    For some reason Newt will not agree with Voltaire. “I do not agree with a word you say, but I will defend to the death your right to say it.” — Voltaire

    Report Post » TJexcite  
    • Gary747
      Posted on December 21, 2011 at 9:27pm

      Newt didn‘t say the judge couldn’t say what he wants… he just has to be responsible for his words. When any judge becomes so “self-impressed” that he/she feels they have the power over the President and Congress, they need to be brought down a rung or two.

      Report Post » Gary747  
    • disenlightened
      Posted on December 21, 2011 at 9:36pm

      Freedom is not the point. You have an anti-religious bigot of a judge IMPOSING HIS BELIEFS on citizens, with no basis in the law. There’s nothing wrong with pulling these type of idiots up before Congress and simply asking him to explain the legal basis for his decision – THEY ARE SUPPOSED TO HAVE A LEGAL BASIS FOR THEIR DECISIONS, RIGHT? THEY CAN’T JUST IMPOSE THEIR OPINIONS. If he can’t explain it satisfactorily, within reason, broadly defined, then we should have the right to have his decision vacated. Our system of government, with it’s three COEQUAL branches, never granted the courts supremacy. If the courts can challenge Congress and the President, then they in turn have the right to challenge the Courts.

      Report Post » disenlightened  
    • RepubliCorp
      Posted on December 22, 2011 at 12:08am

      Did you hear one word the man said? Talk about dense

      Report Post » RepubliCorp  
  • noland
    Posted on December 21, 2011 at 9:11pm

    God Bless Glenn Beck!!

    Report Post »  
  • noland
    Posted on December 21, 2011 at 9:08pm

    @bro PERFECT!!!!!!!

    Report Post »  
  • disenlightened
    Posted on December 21, 2011 at 9:04pm

    Newt’s great, but I believe he needs to dumb himself down so that moderates (followers, herd monkeys) can’t be so easily fooled by liberals into fearing him.

    Report Post » disenlightened  
    • illwah
      Posted on December 21, 2011 at 9:47pm

      Well said. They all hate him, including Beck and Coulter. That alone gets my vote.

      Report Post »  
    • carbonyes
      Posted on December 22, 2011 at 10:13am

      Glenn Beck seems to stray from the reservation at times. He has done a superb job of exposing the liberal left, the elitists and their agenda. When he gets off on a tangent, like he has with Newt Gingrich, Glenn takes a position, rallies videos and supporting commentary, but does not weigh the opposing work and evidence to show that it is not necessarily as clearly accurate of an analysis as Glenn would have you believe.
      If Glenn Beck believes Romney is the answer to Americas problems, Glenn is clearly, no pun intended, in the fog in that particular arena, in which we can not afford to make a mistake.

      Report Post »  
  • LiberalMarine
    Posted on December 21, 2011 at 8:59pm

    People say Obama wants to be too dictatorial? This is completely ridiculous.

    Report Post » LiberalMarine  
    • DRSAVAGE24
      Posted on December 21, 2011 at 9:08pm

      Yep, hope you’re voting for Ron Paul in 2012. Both Obama and Newt are wannabe dictators…well, Obama’s already sorta becoming one.

      Report Post »  
    • RepubliCorp
      Posted on December 22, 2011 at 12:04am

      Ron Paul in 2012….and not only will get Paul but you will get the conservatives dream team
      http://www.youtube.com/watch?v=x4DRZP9JgBA

      Report Post » RepubliCorp  
    • SistaTriscuit
      Posted on December 22, 2011 at 10:55am

      Why is expecting a judge to answer for judgements dealt based on his/her OPINION as opposed to the LAW being “too dictatorial”? Damn, I guess expecting Congress to answer for their actions is wrong as well then? Part of the reason we are in the boat we’re in is because there are no checks & balances – all three branches are out of control, & when you have ACTIVIST JUDGES that legislate from the bench then why the hell do we even have the legislative branch? The liberally loaded Ninth Circus…..errrrrrr…. Circuit Court is NOTORIOUS for that kind of garbage. I’m sorry – but when they are using their personal opinions & feelings as opposed to the LAW, then yes, they SHOULD be questioned & they should be held accountable for their actions. It’s about damn time we started actually charging & trying traitors within our three branches of gov’t for treason & sedition. For far too long the insane have been running the asylum while the American people just sit back & allow it to happen.

      It doesn‘t matter how quickly the judge’s judgment is overturned – for crap’s sakes, at what point do you say ENOUGH? If a significant portion of a judge‘s rulings are being overturned by another court do you not suppose that perhaps we should be looking at the basis for that judge’s rulings? I’d wager to say that if a large portion are being overturned by another court then perhaps that judge is using something other than US LAW to base his/her rulings on.

      Report Post » SistaTriscuit  
  • sgtstubbs
    Posted on December 21, 2011 at 8:58pm

    The citizens of the United States have the right to have the Judges responsible for what they “make” law in the courts.

    Report Post » sgtstubbs  
  • Darmok and Jalad at Tanagra
    Posted on December 21, 2011 at 8:54pm

    I think all judges should be reconfirmed every 11 years, why 11 years, A president can only serve for 8 years, Senators are elected every 6 years, and it would be between congressional elections. All federal judges should have to defend their decisions and if they show a consistent disregard for precedence or disregard for the constitution that should be grounds for dismissal. I agree with Newt, why should 1/3 of our Govt be excluded from any repercussions for their actions and be totally unaccountable.

    Spoon.

    Report Post » Darmok and Jalad at Tanagra  
  • broker0101
    Posted on December 21, 2011 at 8:53pm

    Why not just run Dan Quayle in 2012? The media battle is equally lost with poor Newt. Sadly, way too many Americans are way too dumb to know any better. Luckily, almost none of you have a REAL escape plan. Happily, I do. Won’t miss you a lick.

    Report Post » broker0101  
    • booger71
      Posted on December 22, 2011 at 12:50am

      What is your plan, move to Kenya with Barry and live off his stash?

      Report Post » booger71  
  • Shasta
    Posted on December 21, 2011 at 8:51pm

    Gingrich is even scarier than Dr. Cooky Paul.

    Report Post » Shasta  

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