Live updates: Donald Trump’s latest legal news | CNN Politics (2024)

By Elise Hammond, Matt Meyer, Melissa Macaya and Dan Berman, CNN

Updated 8:25 AM EDT, Fri March 24, 2023

Live updates: Donald Trump’s latest legal news | CNN Politics (3)

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Answering the legal questions surrounding Trump's possible indictment

05:54 - Source: CNN

What happened today in the Trump investigations

  • Former President Donald Trump is the subject of several major investigations as he forges ahead with his 2024 campaign, including probes by New York District Attorney Alvin Bragg on hush money payments to an adult film star and by the Justice Department in DC on classified documents found at Mar-a-Lago.
  • TheNY grand juryinvestigating the hush money scheme did not discuss that case today, despite anticipation, pushing the probe into next week. Bragg has made no decision on charges or how to proceed.
  • Trump has stoked the drama, saying last weekend he expected to be arrested, criticized Bragg and fundraising off of the investigation.
  • The DA’s Office slammed a House GOP inquiry Thursday about the probe, saying it was motivated by Trump creating “false expectation” of imminent arrest.
  • Meanwhile, a federal court held a sealedhearing today on whether former Vice President Mike Pence must testify in the DOJ probe related tothe January 6 attack.

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Trump claims DOJ is creating "unprecedented" carveout in suggesting he’s not immune in January 6 civil lawsuits

From CNN's Tierney Sneed
Live updates: Donald Trump’s latest legal news | CNN Politics (4)

President Donald Trump listens during a joint news conference in the East Room of the White House April 3, 2018 in Washington, DC.

Former President Donald Trump stood by his broad claims of immunity against January 6-related lawsuits brought against him by police officers and congressional Democrats in a Thursday court filing with a federal appeals court.

The Justice Department has argued that Trumpcannot be immune in the lawsuits if he was found to have incited violence, something Trump’s new filing called an “unprecedented specific carve out” to presidential immunity.

Such an exemption to presidential immunitywould throw “open the doors for civil claims against a President and creates a stricter standard for a President than for ordinary federal officials, who have successfully claimed qualified immunity on far more egregious facts,” Trump’s filing said.

“DOJ’s new carve out is asui generisrule appliedex post factothat has no underlying principle or explanation beyond ‘we think what President Trump did was bad,’” Trump argued in the new filing. “This is not how the rule of law works.”

The US DC Circuit Court of Appeals is considering whether the former president can be held liable for his conduct in the lead-up to the January 6, 2021, attack on the Capitol in a civil lawsuit brought by US Capitol Police officers and Democratic lawmakers.

Trump argued that even if presidential immunity does not cover conduct that incites violence, his speech at the rally that preceded the riot would still be protected because he “never instructed the crowd to engage in unlawful activity.”

“President Trump’s use of the word ‘fight’ was clearly metaphorical, referring to a political ‘fight,’ not a literal fistfight or other violent interaction,” his filing said. “For example, he stated, in reference to Rudy Giuliani, ‘He’s got guts. He fights, he fights.’ No reasonable listener would understand that metaphorical statement to suggest that Mr. Giuliani, a 76-year-old man, is getting into fist fights.”

The additional round of briefing was ordered after the DC Circuit heard arguments on the dispute over Trump’s potential immunity.

Those suing Trump over his January 6-related conduct also argued on Thursday that the former president’s sweeping claims of immunity should be rejected.But the lawmakers and police officers took issue with the DOJ’srecommendation that the DC Circuit issue a narrow ruling on presidential immunity that doesn’t say anything more about the immunity’s limits besides an exception for incitement.

The lawmaker and police officers argued that the DC Circuit should draw firmer lines around when a president can be immune for his conduct while he is in office, saying the question of whether Trump is immune in the case shouldn’t turn on whether he incited private violence, as the DOJ is arguing.

Their filing said that there are non-violent actions Trump could have encouraged about Congress’ certification that would also fall outside the sphere of the “official” responsibilities of a president.

“Urging private citizens to use any means that obstruct Congress from carrying out its constitutional duty to certify a presidential election—a procedure the Framers expressly placed beyond presidential reach—bears no connection to any presidential responsibility,” the lawmakers and police officers said in their Thursday submission.

Carrollv. Trump jury will be anonymous, judge says, citing Trump's reaction to hush money probe

From CNN's Dan Berman
Live updates: Donald Trump’s latest legal news | CNN Politics (5)

In this October 2020 photo, E. Jean Carroll departs from her hearing at federal court in Manhattan.

The court will keep jurors’ personal information confidential and take other measures to protect them during the trial on E. Jean Carroll’s civil lawsuit against former President Donald Trump, the judge handling the lawsuit said Thursday.

Judge Lewis Kaplan cited Trump’s history of attacking the legal system in explaining his reasoning for the extra security measures. In particular, Kaplan highlighted Trump’s most recent comments surrounding the Manhattan district attorney’s investigation into alleged hush money payments to adult film star Stormy Daniels.

“And it bears mention that Mr. Trump repeatedly has attacked courts, judges, various law enforcement officials and other public offices, and even individual jurors in other matters,” the judge added.

Kaplan, however, did not order the jury to be sequestered for the trial.

The Associated Press and New York Daily News had argued against keeping the jurors anonymous.

Some background: Carroll, a former magazine writer, alleged that Trump raped her in a New York department store dressing room in the 1990s and defamed her years later when he denied the rape, said “she’s not my type” and alleged she made the claim to boost sales of her book.

The trial on Carroll’s lawsuit accusing Trump of battery and defaming her is scheduled for April 25.

Pence’s team was expected to argue he’s protected by Speech or Debate clause at sealed hearing on January 6 subpoena

From CNN's Katelyn Polantz and Evan Perez
Live updates: Donald Trump’s latest legal news | CNN Politics (6)

Former Vice President Mike Pence displayed on a screen during a hearing of the Select Committee to Investigate the January 6th Attack on the US Capitol in Washington, DC, on Monday, December 19, 2022.

Lawyers for former Vice President Mike Pence were expected to argue in federal court Thursdayto block a grand jury subpoena for his testimony related to January 6, 2021, on the grounds that he is protected by the Constitution’s Speech or Debate Clause, a person briefed on the matter told CNN.

Over 90 minutes at a sealed hearing in a US District Court in Washington, DC, former President Donald Trump’s legal team was also expected to argue Pence’s conversations with Trump around January 6 should be shielded by executive privilege.

The dispute stems from a subpoena issued in connection with the Justice Department’s special counsel investigation into actions by Trump and his allies after the 2020 election and leading up to the US Capitol attack.

Lawyers for Trump and Pence declined to comment to CNN.

Trump is involved in several pending personal lawsuits. Here's what to know

From CNN's Dan Berman
Live updates: Donald Trump’s latest legal news | CNN Politics (7)

Former President Donald Trump leaves after he addressed the annual Conservative Political Action Conference at Gaylord National Resort & Convention Center on March 4 in National Harbor, Maryland.

Former President Donald Trump is also involved in several individual lawsuits that are making their way through the legal process — some of which he filed against other parties, including news organizations.

Ongoing lawsuits against Trump:

  • E. Jean Carroll: Former magazine writer E. Jean Carroll alleged Trump raped her in a New York department store dressing room in the mid-1990s and defamed her when he denied the rape, said she was not his “type,” and alleged she had made the claim to boost sales of her book. A Washington, DC, appeals court is reviewing if Trump was acting within the scope of his employment since he made the allegedly defamatory statements. Carroll alsosued Trumplast year for battery and defamation in a case that will go to trial next month.
  • January 6 police officers: Several members of the US Capitol Police and Washington, DC, Metropolitan Police are suing Trump, saying his words and actions incited the 2021 riot. The various cases accuse Trump of directing assault and battery; aiding and abetting assault and battery; and violating Washington laws that prohibit incitement of riots and disorderly conduct. A federal appeals courtis considering Trump’s attempt to throw out the cases.
  • Peter Strzok: Former top FBI counterintelligence official Peter Strzok, who was fired by the FBI in 2018 after the revelation of anti-Trump texts he had exchanged with a top lawyer at the bureau, Lisa Page, has sued the Justice Department alleging he was terminated improperly. A federal judge ruled last month that Trump and FBI Director Christopher Wraycan be deposedfor two hours each as part of the lawsuit.

Ongoing lawsuits Trump has filed:

  • Bob Woodward: Trumpsued journalist Bob Woodwardin January 2023 for alleged copyright violations, claiming Woodward had released audio from their interviews without Trump’s consent. Woodward and publisher Simon & Schuster said Trump’s case is without merit. Woodward conducted several interviews with Trump for “Rage,”published in September 2020.Woodward later released “The Trump Tapes,” an audiobook featuring eight hours of raw interviews with Trump interspersed with the author’s commentary.
  • The New York Times, Mary Trump and CNN: The former president in 2021 suedhis niece and The New York Timesin New York state court over the disclosure of his tax information. The Times is fighting the lawsuit. Trump alsosued CNNin a southern Florida federal court last fall, accusing the network of a “campaign of dissuasion in the form of libel and slander” that “escalated in recent months.” CNN has asked the judge for the case to be “dismissed with prejudice.”

What could happen next if Trump is indicted for his role in a hush money scheme

Analysis byZachary B. Wolf

Former President Donald Trump faces multiple investigations, but the most immediate potential indictment could come from a probe related to his alleged role in a hush money payment scheme involving adult film star Stormy Daniels.

If Trump is indicted, then what happens?

One federal law enforcement source told CNN’s John Miller over the weekend that Trump’s Secret Service detail is actively engaged with authorities in New York City about how this arrest process would work.

It’s usually a routine process of fingerprinting, a mug shot and an arraignment. It would not likely be a public event and clearly his protective detail would move through the building with Trump. New York does not release most mug shots after a 2019 law intended to cut down on online extortion.

Here’s how various law enforcement agencies would play a role:

Live updates: Donald Trump’s latest legal news | CNN Politics (8)

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02:59 - Source: CNN

What about a jury?

TheSixth Amendmentguarantees “the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed.”

The New York State Unified Court System’s trial juror’shandbookexplains the “voir dire” process by which jurors are selected. Those accepted by both the prosecution and defense as being free of “bias or personal knowledge that could hinder his or her ability to judge a case impartially” must take an oath to act fairly and impartially.

Could Trump ever go to jail?

He hasn’t been indicted, much less tried or convicted. Any indictment, even for a Class E felony in New York, would be for the kind of nonviolent offense that would not lead to jail time for any defendant.

“I don’t expect Trump to be put in jail if he is indicted for any of these charges. Jail time would only come if he were convicted and sentenced to jail time,” said Richard Hasen, a law professor at the University of California, Los Angeles.

Hasen also said the Secret Service would have to arrange for his protection in jail — something that is logistically challenging.

CNN answers more questions related to the cases here.

Trump defiant as potential indictment looms and claims innocence

From CNN's Kate Sullivan

Former President Donald Trump on Thursday remained defiant as the probe by the Manhattan district attorney’s office into the former president’s role in an alleged hush money payment scheme nears its final stages and a potential indictment of Trump looms.

Trump claimed he was “100% INNOCENT” in a post on his social media website Truth Social on Thursday and baselessly claimed Manhattan District Attorney Alvin Bragg was taking orders from the “RADICAL LEFT.”

“OUR COUNTRY IS BEING DESTROYED, AS THEY TELL US TO BE PEACEFUL,” Trump wrote in all caps in the post.

Over the weekend, Trump claimed he was going to be arrested on Tuesday and called for protests, prompting some allies and advisers to privately urge the former president to tone down his rhetoric, sources told CNN.

Manhattan DA’s office slams House GOP’s "unprecedented" inquiry motivated by Trump’s claim of imminent arrest

From CNN's Annie Grayer
Live updates: Donald Trump’s latest legal news | CNN Politics (9)

Media cameras sit outside the Manhattan District Attorney's office in New York City on March 20.

The office of Manhattan district attorney Alvin Bragg accused House Republicans of launching an “an unprecedent inquiry into a pending local prosecution,” while defending the investigation into former President Donald Trump’s hush money payments to an adult film actress during the 2016 election.

Dubeck called the Republicans’ claims that the probe was politically motivated “unfounded.”

She added that, “regardless, the proper forum for such a challenge is the Courts of New York, which are equipped to consider and review such objections.”

Still, she requested that the committees meet and confer with Bragg’s office to discuss whether the House has a “legitimate legislative” purpose for what it is seeking and whether those records could be turned over without infringing on New York’s sovereign interests.

The previous letter demanding information about Bragg’s investigation was sent Monday by House Judiciary Chairman Jim Jordan, House Oversight Chairman James Comer and House Administration Chairman Bryan Steil, who criticized the hush money probe into Trump as an “unprecedented abuse of prosecutorial authority.”

Dubeck’s five-page response to the Republicans’ demands — which includedtestimony from Bragg as well as documents and communications related to the investigation —cited case law and legal arguments for why the GOP requests amounted to an “unlawful incursion into New York’s sovereignty.”

She said that the Constitution’s 10thAmendment limited the federal government’s authority over local law enforcement and argued that Congress specially is not an executive branch entity with law enforcement powers. Pointing to laws protecting grand jury secrecy, Dubeck added that the House Republicans were seeking “non-public information about a pending criminal investigation, which is confidential under state law,”and therefore, she argued, complying with the committees’ request would interfere with law enforcement.

Dubeck also scoffed at the Republicans’ claims that they needed testimony from Bragg and the requested documents as part of a congressional review of federal public safety funds.

Dubeck wrote, “the Letter does not suggest any way in which either the District Attorney’s testimony about his prosecutorial decisions or the documents and communications of former Assistant District Attorneys on a pending criminal investigation would shed light on that review.”

But, she added, “nonetheless, to assist Congress in understanding the ways in which the DA’s Office has used federal funds, we are preparing and will submit a letter describing its use of federal funds.”

Manhattan grand jury not meeting on Trump hush money case today, sources say, pushing probe into next week

From CNN's From Kara Scannell and Lauren Del Valle
Live updates: Donald Trump’s latest legal news | CNN Politics (10)

Security barricades set up outside the New York District Attorney's office in New York on Monday, March 20.

The Manhattan grand jury investigating Trump’s alleged role in a scheme to pay hush money to an adult film star will not hear that case when it convenes today, according to two sources familiar with the matter, pushing the Manhattan’s district attorney’s probe into next week.

After today, the Manhattan grand jury will next convene on Monday, when it is possible they could hear additional testimony from a witness.

The district attorney’s office declined to comment.

Grand juries typically hear multiple cases at a time.

More background: As the investigation nears its final stages, prosecutors are considering the historic nature of prosecuting a former president – an unprecedented act, sources tell CNN. Other sources tell CNN the DA’s office is taking a moment to regroup after the events of the past week.

New York District Attorney Alvin Bragg’s office has suggested to an attorney for at least one witness in the past 24 hours that they might need to provide more testimony to the grand jury in its hush money probe, according to one source familiar with the probe.

The Manhattan District Attorney’s Office is trying to determine whether to call back Trump’s former lawyer and fixer, Michael Cohen, to refute the testimony provided earlier this week by lawyer Robert Costello —or to call an additional witness to buttress their case before the grand jurors consider a vote on whether to indict the former president, the source familiar with the investigation said.

Federal court will hear case under seal over Pence’s grand jury testimony in January 6 probe

From CNN's Katelyn Polantz, Casey Gannon and Hannah Rabinowitz
Live updates: Donald Trump’s latest legal news | CNN Politics (11)

Former Vice President Mike Pence speaks at the Calvin Coolidge Foundation conference at the Library of Congress on February 16 in Washington, DC.

A federal court hearing over former Vice President Mike Pence’s grand jury testimony and Donald Trump’s claims of executive privilege over their conversations around January 6, 2021, is set to happen under seal today in Washington, DC.

Trump’s defense attorneys Evan Corcoran, Jim Trusty, John Rowley and Tim Parlatore are at the courthouse as well as Pence’s attorney Emmett Flood. They are expected to argue Trump’s claims of executive privilege. Corcoran declined to comment.

As CNN reported Wednesday, Corcoran is scheduled to testify Friday at the same courthouse before a federal grand jury investigating possible mishandling of classified documents found at Mar-a-Lago. A federal appeals has court ruled Corcoran must provide additional testimony and turn over documents about the former president as part of the criminal probe.

Corcoran also declined Thursday morning to say whether he has complied with the appeals court order to turn over notes he had in the classified documents case.

CNN’s Sara Murray, Paula Reid and Kaitlin Collins contributed reporting to this post.

Trump attorney will testify tomorrow in Mar-a-Lago classified documents probes after losing appeal

From CNN's Katelyn PolantzandKaitlan Collins

Former President Donald Trump’s defense attorney Evan Corcoran is scheduled to testify Friday before the grand jury investigating classified documents found at Mar-a-Lago after a new order from a federal appeals court, a source familiar with the matter told CNN.

The US DC Circuit Court of Appeals said that Corcoran must provide additional testimony and turn over documents about the former president as part of the criminal investigation into possible mishandling of classified documents.

The source said Trump’s side is unlikely to appeal to the Supreme Court.

In response to the decision, a Trump spokesperson said, in part, that “there is no factual or legal basis or substance to any case against President Trump” and that “prosecutors only attack lawyers when they have no case whatsoever.”

The announcement from a panel of three judges in the appellate court – less than a day after Trumpsought to put Corcoran’s testimony on hold– adds momentum to the special counsel investigation as it seeks to secure evidence that could make or break a federal criminal case against Trump.

The Justice Department has successfully argued in court that prosecutors have enough evidence that Trump’s interactions with the lawyer were part of a possible crime that they can pierce the confidentiality of the conversations between the two.

The documents at issue in the case are Corcoran’s handwritten notes and transcribed verbal notes, regarding his representation of Trump in the Mar-a-Lago probe, according to a source familiar with the matter.

Corcoran previously testified and declined to answer some questions, citing attorney-client privilege. Prosecutors are also seeking access to notes from Corcoran.

It’s not fully known what Corcoran’s testimony and documents would reveal.

Here's why Trump can still run for president even if he is indicted

Analysis byZachary B. Wolf

Former President Donald Trump is involved in fourdifferent criminal investigationsby three different levels of government – but even if he is indicted or convicted, he can still run for president in 2024. Trump announced his candidacy in November.

“Nothing stops Trump from running while indicted, or even convicted,” Richard Hasen said, a law professor at the University of California, Los Angeles.

The Constitution requires only three things of candidates:

  • A natural born citizen.
  • At least 35 years old.
  • A resident of the US for at least 14 years.

As a political matter, it’s maybe more difficult for an indicted candidate, who could become a convicted criminal, to win votes. Trials don’t let candidates put their best foot forward, but it is not forbidden for them to run or be elected.

There are a few asterisks both in the Constitution and the 14th and 22nd Amendments, none of which currently apply to Trump in the cases thought to be closest to formal indictment.

  • Term limits.The22nd Amendmentforbids anyone who has twice been president (meaning twice been elected or served part of someone else’s term and then won his or her own) from running again. That doesn’t apply to Trump since he lost the 2020 election.
  • Impeachment.If a person is impeached by the House and convicted by the Senate of high crimes and misdemeanors, he or she is removed from office and disqualified from serving again. Trump, although twice impeached by the House during his presidency, was also twice acquitted by the Senate.
  • Disqualification.The14th Amendmentincludes a “disqualification clause,” written specifically with an eye toward former Confederate soldiers.

Potential charges in regard to the hush-money payment have nothing to do with rebellion or insurrection. Nor do potential federal charges with regard to classified documents.

Potential charges in Fulton County, Georgia, with regard to 2020election meddling or at the federal level with regard to theJanuary 6, 2021, insurrection could perhaps be construed by some as a form of insurrection. But that is an open question that would have to work its way through the courts.

NY grand jury set to meet today as it weighs charges against Trump

From CNN's Jeremy Herb,Kara Scannell,Paula Reid,John Miller,Kristen HolmesandKatelyn Polantz

The extraordinary legal peril surroundingDonald Trumpis reaching a fever pitch at the same time the former president isforging ahead in a 2024 Republican primarythat is increasingly dominated by criminal investigations in New York, Washington and Atlanta.

Remember: There’s still no public information as to when or whether anindictment could be filed, leaving the former president and the public in suspense.

The Manhattangrand jurythat has been hearing evidence in the case pertaining to Trump’s alleged role in a scheme to pay hush money to an adult film star will sit on Thursday, a source familiar with the investigation told CNN. NBCfirst reportedthe development.

There is still the possibility that the grand jury could be asked to vote this week, but it could also stretch into next week, the source said.

The grand jury has typically heard testimony on Monday, Wednesday and Thursday, but it did not meet on Wednesday. Earlier Wednesday, two sources told CNN that the grand jury was on standby, but it had not yet gotten a call to come in. Prosecutors do not have an urgent deadline as the grand jury sits until June.

New York District AttorneyAlvin Bragg’soffice has suggested to an attorney for at least one witness in the past 24 hours that they might need to provide more testimony to the grand jury in its hush money probe, according to one source familiar with the probe.

The Manhattan District Attorney’s Office is trying to determine whether to call back Trump’s former lawyer and fixer, Michael Cohen, to refute the testimony provided earlier this weekby lawyer Robert Costello– or to call an additional witness to buttress their case before the grand jurors consider a vote on whether to indict the former president, the source familiar with the investigation said.

Representatives for both the DA’s office and Cohen declined to comment to CNN.

Expectations are high that Bragg, a Democrat, is getting ready to make a decision on a potential indictment against Trump any day now over a hush-money payment scheme to adult film star Stormy Daniels. Bragg has said little about the status of the probe or whether Trump will even be charged.

Read more here.

The 2020 election and national security: A look at some of the investigations surrounding Trump

From CNN's Dan Berman

It’s been nearly eight years since he rode down the escalator in Trump Tower and more than two years since the January 6, 2021, insurrection, but Donald Trump now faces several instances of legal trouble.

Here are some of the most notable investigations:

Live updates: Donald Trump’s latest legal news | CNN Politics (12)

Hush-money payments: Manhattan district attorney

New York District AttorneyAlvin Braggappears to be in the late stages of the investigation into hush money paid to adult-film star Stormy Daniels late in the 2016 presidential campaign.

The $130,000 payment was paid by former Trump attorney and fixer Michael Cohen to Daniels to remain quiet about an alleged affair between Daniels and Trump years earlier. Trump has denied having an affair with Daniels and says the probe by Bragg, a Democrat, is politically motivated.

Mar-a-Lago documents: Did Trump mishandle classified material?

Special counsel Jack Smithis overseeing the Justice Department’s criminal investigations into the retention of national defense information at Trump’s resort and into parts of the January 6, 2021, insurrection.

TheJustice Department investigationcontinues into whether documents from the Trump White House were illegally mishandled when they were taken to Mar-a-Lago in Florida after he left office. A federal grand jury has interviewed potential witnesses regarding how Trump handled the documents.

2020 election and January 6: US Justice Department

Smith’s purview also includes the period after Trump’s 2020 election loss to Joe Biden and leading up to the insurrection at the US Capitol.

As part of its investigation, the special counsel’s office has sought testimony from a number of key White House insiders, including former Vice President Mike Pence, Trump’s daughter Ivanka Trump and son-in-law Jared Kushner.

Aspects of the Justice Department’s probe include the use of so-called fake electors from states that Trump falsely claimed he had won, such as Georgia and Arizona.

2020 election and January 6: House select committee

The House select committee investigating the US Capitol attack issued an845-page report– based on 1,000-plus interviews and documents collected, including emails, texts and phone records – that alleges Trump “oversaw” the legally dubious effort to put forward fake slates of electors in seven states he lost. Evidence shows, the report said, that Trump actively worked to “transmit false Electoral College ballots to Congress and the National Archives.”

In a symbolic move, the committee referred Trump to the Justice Department on at least four criminal charges before it concluded at the end of 2022, ahead of Republicans taking control of the House.

2020 election: Efforts to overturn Georgia results

Fulton County, Georgia, District Attorney Fani Willis oversaw a special grand jury investigating what Trump or his allies may have done in their efforts to overturn Biden’s victory in Georgia.

The grand jury issued a report – which remains mostly under seal – that found there was no widespread voter fraud in the state and also suggested perjury charges be considered against some people who testified. Overall, the grand jury recommended charges against more than a dozen people, the forepersonsaid in interviewslast month.

Diver deeper here.

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Live updates: Donald Trump’s latest legal news | CNN Politics (2024)
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