Thursday, February 29, 2024

Can we NIMBY cars instead of houses? By Matthew Yglesias

Read time: 12 minutes


Can we NIMBY cars instead of houses?

An idea that might be dumb but could be great


I have an idea that I think is probably good but might be terrible. Expressing uncertainty is generally considered bad column-writing, but something I really liked about old-school blogging was the ability to think out loud at greater length than a tweet, so I’m gonna do it.


Despite the overwhelming evidence that regulatory barriers to housing supply are the key problem of housing affordability, some people on the internet continue to dispute this in terms that I find increasingly abstruse and incomprehensible. And when I look at something like Maryland Governor Wesley Moore’s great housing rhetoric paired with just-okay housing policy (here’s some excellent thoughts on how to improve it), I worry that policymakers are starting to take these weird theoretical objections too seriously. I really think people considering the promise and peril of housing reform would do well to log off, ignore the Marxist geographers, and talk to a normal person who doesn’t like development — because that person is going to tell you that he is worried about traffic.


I’m of two minds about this objection.


On the one hand, it’s absurd for a great nation to be kneecapping its ability to enjoy rapid economic growth and rising living standards out of fear of traffic jams. It’s doubly absurd because there is actually a well-known solution to traffic jams — congestion pricing, with the revenue used to offset other taxes that governments are collecting anyway.


On the other hand, the nice thing about the traffic jams objection to more housing is that it’s not grounded in some loopy theoretical account of how the world works. It is, in fact, true that if more homes get built in your town, the traffic will get worse. Even if your town has a really great transit system and all the new housing is built next to train stations, that new housing will generate more than zero additional car trips. That is just a true fact about the world.


So here’s my (probably great, maybe terrible) idea: Why can’t we address the problem straightforwardly? Instead of making it unreasonably expensive and inconvenient to add new housing to in-demand areas, couldn’t we make it expensive and inconvenient to add new cars? Unlike my “congestion pricing everywhere” plan, this is not optimal technocratic policy, but it could be a lot more politically tractable. And if it were widely adopted, I think it could end up leading people to the enlightened conclusion that if drastic deregulation of housing supply were done broadly, it actually wouldn’t generate dramatic amounts of new traffic.


One part of this I feel very confident about, but another I’m more uncertain on.


Cities should manage parking more cynically

Here’s where I have a greater degree of certainty.


More and more places around the country are adopting the advice of Donald Shoup in his masterwork “The High Cost of Free Parking” and moving away from regulatory requirements to include parking in new development. One reason that I think this reform is catching on is that once requirements are dropped, it’s clear that when there genuinely is a lot of market demand for off-street parking, you don’t need to require it. But allowing developers to skip it on occasion can get a certain number of projects off the ground in a beneficial way. Of course, the whole reason places started mandating off-street parking is that people who are already living in a community enjoy their easy access to cheap parking spaces and worry that if new residents come in, they’ll lose their precious street parking.


The orthodox Shoupian prescription here is that street parking should be priced at market rates so that it’s always readily available, and the revenue should be re-invested in making the streets nicer. Win-win.


I think that in practice, this is a hard sell. People here in DC who already have their cheap Residential Parking Permits (RPP) enjoy having them. They don’t want to pay more for them, and they don’t want to give up parking spaces. And I think the urbanist community in this town should give up on our longstanding quest to raise the RPP fees and actually do the opposite:


Let everyone who currently has a permit keep their permit, in perpetuity, for free.


Stop issuing new permits.


Let permit-holders sell their permits.


Eliminate all regulatory requirements for off-street parking.


The point of (1) and (2) is that it lets you do (4) while completely eliminating the objection that (4) is going to cost the incumbent RPP-holders. New housing will not compete for street parking because new residents just won’t be allowed to get RPPs. If they want to park, they either need to find a place that has off-street parking or else they need to pay for a space in a lot or garage someone else owns. And then there’s (3). The other thing newcomers could do is is buy your RPP from you. You could be selling your RPP because you’re moving elsewhere. Or you might decide to downsize from a two-car to a one-car household and make some money. Or you might be like me and Kate, who have an RPP and an off-street parking spot, and decide to give up the RPP for money.


The great thing about this is that while it’s not “fair,” it still strikes me as more fair than making it impossible for new people to move to the city. And even better, it creates direct financial upside for the average citizen to support more housing in their community. There is, of course, tons of variation in how different towns handle their street parking, so this idea that I outlined specifically for DC can’t necessarily be applied in exactly the same way to other places. But I think the underlying principle does generalize: Let incumbent residents lock in a favorable parking situation, and make access to that parking situation something that the incumbents are allowed to trade or sell. That generates lots of win-win opportunities. The question is whether you can apply this not just to parking, but to cars in general.


Expensive cars > expensive homes

In Singapore, if you want to drive a car you need a Certificate of Entitlement. These are purchased at auctions that are held annually, and a COE is good for 10 years. Because Singapore is both rich and densely populated, the COEs are expensive. The overall system is a little bit convoluted, but the upshot is that the market price of a COE generally exceeds the price of car (at least the price of a normal person car).


In practice, a huge share of the cars on the road in Singapore are expensive luxury models precisely because the COEs are so expensive. Only people who are some combination of really rich and really into cars bother to get them.


Now, obviously, if you proposed a system like that in an American state, you would be killed by an angry mob. But could there be a way of doing something broadly similar and making it really expensive to get a car — but only for newcomers?


I went to Los Angeles twice last year, and it’s clearly a desperately under-housed city. Last fall, Mayor Karen Bass issued Executive Directive 7, which mandated a huge amount of regulatory and permitting streamlining for new affordable housing developments. But here’s the catch: To qualify, the project needs to be 100 percent “affordable” (i.e., rents below market rate). Normally, a 100 percent affordable project would be built because it’s subsidized by public money. But ED 7 projects don’t get any subsidies. So on its face, ED 7 sounds like a way of “doing something” on housing without anything actually happening. But as Ben Christopher wrote on February 7, projects are actually getting built.


In part, that’s because California affordable housing projects are normally expensive to build because the subsidies come with union wage requirements. If you take away the subsidy, you also take away part of the cost. And when you add in the regulatory relief, apparently some projects pencil out. That’s great, though local observers I’ve chatted with seem to disagree as to whether Bass intended this to happen.


The subtext to all of this, though, is that Los Angeles has just so much unmet housing demand that building projects can come to fruition under really freaky circumstances. Clearly, Los Angeles could generate a lot more construction if they stuck with ED 7 and watered down the affordability requirements to something more reasonable or even eliminated them entirely. And just the sheer quantity of new units would do a lot for affordability. The problem is that, as I learned on my two trips to LA this year, everyone in Los Angeles is obsessed with the housing crisis but also obsessed with how there’s too much traffic. That’s a perfect storm for virtue-signaling gestures designed to “encourage” affordable housing without actually generating much housing. But what if the city adopted a modified Singapore Plan, and constrained the supply of new cars rather than new homes?


How it might work

Imagine LA County adopted a massive set of housing reforms:


ED 7-style express permitting for all projects.


Townhouses allowed in all single-family zones.


Tall apartments allowed near all transit stops.


Something like Florida’s “Live Local” initiative to allow multi-family housing in commercial corridors.


Now pair these reforms with a rule that says everyone in LA County who already has a registered vehicle gets a COE in perpetuity for free. You can sell your COE if you want. You could also lose your COE for committing crimes or repeatedly breaking traffic laws, and the County would annually auction off the forfeit COEs to new buyers. New housing would be very unconstrained, but new cars would be extremely constrained.


This is clearly going to do a lot to cool housing demand, since most people want cars!


That said, precisely because Southern California is such a nice place to live and because cars are so useful, a person could earn a lot of money selling their COE. Surely some multi-car households would be tempted to cash in. Some low-income people would take the money and ride the bus. Some low-income people would take the money and move to Phoenix.


But the other thing is that despite its (deserved!) reputation as an overwhelmingly auto-oriented metro area, Greater Los Angeles actually has a bunch of walkable areas. It has a fairly extensive mass transit system that few people ride. Nobody likes taking a bus and then transferring to another bus to get to their destination. But Southern California is a dramatically more pleasant place to wait for a bus (or take a long bike ride) than Chicago or Boston. The fallacy behind LA Metro is that the county’s residents were willing to spend a ton of money to construct a transit system that they hoped someone else would ride, thus leaving the freeways less congested. But riding the metro from Downtown to Santa Monica is still slower than driving most of the time, even though the traffic on the ten is pretty bad.


The point, though, is that the infrastructure for a car-free or car-light lifestyle exists, it’s just not very desirable right now — there’s no good reason to live like that. But in a world where housing is cheaper and cars are more expensive, things change:


House in LA + car in LA would cost about the same as what it costs now.


House in LA + no car in LA would become dramatically cheaper than it is now.


Under the circumstances, more people would start to choose option (2). Some of them would be the people who currently live there, and some of them would be newcomers, but either way it wouldn’t be nobody. Existing residents who like things just the way they are could keep on keeping on with no real impact to their transportation options. But state and local governments would see their property tax, sales tax, and income tax revenue go up. Down the road, of course, elected officials could always decide to boost the local economy (and public revenue) by auctioning off more COEs. The basic tradeoff between economic growth and minimizing traffic would still exist, and you could opt for different points on it. But giving people a real option for going carless — or a family or a group of roommates sharing a single car — would let you hit some more growth-friendly points on the curve without making traffic worse.


What’s the feedback loop?

Part of why I think this could work is that there are a lot of feedback loops in housing and transportation.


If nobody rides your train or your bus, then running the service frequently is too expensive and you wind up with low quality service. If ridership goes up, then so does fare revenue. That makes it possible to run trains more frequently, which makes riding the train a more attractive proposition.


Something similar is true for neighborhood retail. We do our grocery shopping on foot because we live near several supermarkets. But the reason there are so many grocery stores to walk to is that it’s a densely populated neighborhood. More drivers on the road makes things worse for other drivers. But short of a level of sidewalk crowding that I’ve really only ever seen in Hong Kong, more pedestrians in the neighborhoods means more things accessible to pedestrians in a way that makes the neighborhood better for other pedestrians. You could also see something similar for private sector solutions like ZipCar and other true carsharing applications. This is cool technology, but in practice it doesn’t get used that much because the United States is a rich country and people can afford to own cars.


What they often can’t afford is housing.


If you deregulate housebuilding but regulate car ownership, then housing gets cheaper but cars get more expensive. In that world, you could see a much more robust market for shared vehicles.


So that’s the optimistic take. The initial consequence of the regulatory swap is to both increase housing supply and also reduce housing demand. But the secondary consequence is that both the market and the public sector will respond in ways that make carlessness somewhat less unappealing. So over time, we get more abundant housing without worse traffic jams, plus people end up sorting themselves differently across national geographies.


Pessimistically, though, the financial aspects of the transition could get weird. The whole point here is to ensure that the regulatory change is good for incumbents — the people who have the power to block change. But even though it works out on paper, having the value of your home decline in a way that’s offset by an increased value of your COE might alarm people. It also might alarm banks, who have a whole conceptual apparatus around mortgage lending that’s backed by policy. This change is also strictly good for renters and strictly bad for landlords in a way that’s conceptually appealing to me, but might be just as bad politically as anything else.


Most of all, I generally try to avoid coming up with new ideas.


In the private sector, usually if an idea is good it will either get copied by other competing companies or else the companies that fail to copy go out of business or get marginalized. Politics is harder because it doesn’t have the same kind of competitive pressures, which means there are usually opportunities for places to solve problems by looking around at what other jurisdictions are doing and finding something that works better. Trying to invent brand new ideas often seems like a mistake. The political challenges to implementing basic congestion pricing schemes, though daunting, perhaps should not dissuade us from just sticking with an idea that is known to work in London, Singapore, Oslo, and Stockholm without any zany unintended consequences. Still, new things need to be tried somewhere. And I think this idea just might work.


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Tuesday, February 27, 2024

Exclusive: Key figure in fake electors plot concealed damning posts on secret Twitter account from investigators


edition.cnn.com
Exclusive: Key figure in fake electors plot concealed damning posts on secret Twitter account from investigators
Em Steck, Andrew Kaczynski, Marshall Cohen, Allison Gordon
19 - 24 minutes

CNN — 

Kenneth Chesebro, the right-wing attorney who helped devise the Trump campaign’s fake electors plot in 2020, concealed a secret Twitter account from Michigan prosecutors, hiding dozens of damning posts that undercut his statements to investigators about his role in the election subversion scheme, a CNN KFile investigation has found.

Chesebro denied using Twitter, now known as the platform X, or having any “alternate IDs” when directly asked by Michigan investigators last year during his cooperation session, according to recordings of his interview obtained by CNN.

But CNN linked Chesebro to the secret account based on numerous matching details — including biographical information regarding his work, family, travels and investments. The anonymous account, BadgerPundit, also showed a keen interest in the Electoral College process and lined up with Chesebro’s private activities at the time.

The Twitter posts reveal that even before the 2020 election, and then just two days after polls closed, Chesebro promoted a far more aggressive election subversion strategy than he later let on in his Michigan interview.

Chesebro’s social media presence

Pro-Trump attorney Kenneth Chesebro told Michigan investigators that he doesn’t have any social media accounts, including Twitter. But CNN uncovered a secret Twitter account that Chesebro used to anonymously post about the 2020 election in real-time.

Source: Obtained by CNN

Chesebro’s lawyers confirmed to CNN that the BadgerPundit account belonged to Chesebro, describing it as his “random stream of consciousness” where he was “spitballing” theories about the election – but insisted that it was separate from his legal work for Trump’s campaign.

“When he was doing volunteer work for the campaign, he was very specific and hunkered-down into being the lawyer that he is, and gave specific kinds of legal advice based on things that he thought were legitimate legal challenges, versus BadgerPundit, who is this other guy over there, just being a goof,” said Robert Langford, an attorney for Chesebro.

Chesebro has not been charged with any crimes in Michigan and sat for an hourslong interview with the state attorney general’s office in early December. In his retelling to Michigan prosecutors, Chesebro has cast himself as a moderate middleman who was duped by Trump’s more radical lawyers.

Asked about the secret tweets, Danny Wimmer, a spokesman for Michigan Attorney General Dana Nessel, said in a statement to CNN, “Our team is interested in the material and will be looking into this matter.”

Chesebro claimed to investigators he saw the alternate slates of Republican electors only as a contingency plan to have ready in case the Trump campaign won any of its more than 60 lawsuits challenging the election results — which it didn’t. He also told Michigan investigators that in his conversations with the Trump campaign, he made clear that “state legislatures have no power to override the courts.”

But just days after the 2020 election, BadgerPundit tweeted that the court battles didn’t matter and that Republican-controlled legislatures should send in their own GOP electors, predicting even then that then-Vice President Mike Pence could use them to throw the election to Trump.

“You don’t get the big picture. Trump doesn’t have to get courts to declare him the winner of the vote. He just needs to convince Republican legislatures that the election was systematically rigged, but it’s impossible to run it again, so they should appoint electors instead,” wrote BadgerPundit on November 7, 2020, the day multiple media outlets, including CNN, called the election for Joe Biden.

Yet in his interview with Michigan investigators, Chesebro said the very opposite, claiming that the entire electors plan was contingent on the courts.

“I saw no scenario where Pence could count any vote for any state because there hadn’t been a court or a legislature in any state backing any of the alternate electors,” Chesebro said.

Purpose of the fake electors

Pro-Trump attorney Kenneth Chesebro told Michigan investigators that he told the Trump 2020 campaign that the “alternate electors” should only be used in conjunction with ongoing litigation. But CNN found tweets from 2020 where Chesebro dismissed the role of the courts and said the electors alone could overturn the election.

Source: Obtained by CNN

After the 2020 election, BadgerPundit tweeted more than 50 times that Pence had the power to count the electors benefitting Trump, according to a CNN KFile analysis of the account.

Chesebro also told investigators that he felt “misled” by the Trump campaign for concealing the entirety of their plan from him. He claimed that it wasn’t until last year that he fully realized the campaign had always intended to deploy the fake electors regardless of the outcome of its election lawsuits.

That idea was first raised in a September 2020 article in The Atlantic, which quoted a “Trump legal adviser” who described using alternate electors to overturn a Trump loss.

When asked by Michigan investigators if he had knowledge of The Atlantic article at the time it was published, Chesebro said he did not. Yet BadgerPundit tweeted about it the same day it was published and defended the plot.

Chesebro’s attorneys acknowledged in an interview with CNN that “there’s clearly a conflict” between some of his tweets and what he told Michigan prosecutors, and that some of the elector theories he embraced online were “inconsistent” with his subsequent legal advice to the Trump campaign.

Some of Chesebro’s anonymous tweets were previously reported by Talking Points Memo. The BadgerPundit account went private sometime in late 2022, but CNN was able to access the since-removed public tweets by using the Wayback Machine, an internet archive.

The fake electors plot features prominently in special counsel Jack Smith’s federal election subversion indictment against Trump, who has pleaded not guilty. Chesebro has been identified by CNN as an unindicted co-conspirator in that case.

Chesebro was indicted alongside Trump in a separate 2020 election interference case in Georgia. He struck a plea deal there in October, agreeing to plead guilty to one felony count of conspiracy to commit filing false documents. He gave proffer interviews to Georgia prosecutors as part of the cooperation agreement, though it’s unclear if he was asked about his social media accounts.

Michigan investigators secured Chesebro’s cooperation in December, after previously charging the 16 fake electors in that state with multiple felonies. Chesebro has additionally met with investigators in Wisconsin and Arizona who are probing their fake electors, and he avoided charges in Nevada after cooperating with prosecutors there.

If Chesebro intentionally misled investigators, he could face legal jeopardy.

“Chesebro appears to have pursued a legally perilous path in his dealings with Michigan authorities,” said Ryan Goodman, a law professor at New York University, who reviewed the posts for CNN. “The Twitter posts strongly suggest Chesebro committed the crime of making false statements to investigators… his entire cooperation agreement may now fall apart.”

It appears Chesebro “hid highly important evidence in the form of these social media posts from the investigators,” Goodman said, adding that it could put Chesebro “at great legal risk.”

“We should have asked for clarity, and that was our screw-up,” Chesebro attorney Manny Arora told CNN about Chesebro denying to Michigan prosecutors that he used Twitter. Arora said he has since provided “all the information on BadgerPundit” to investigations in “all the different states that are involved,” where Chesebro sat for interviews.

CNN has not reviewed the agreement between Chesebro and the Michigan Attorney General’s office. Wimmer, a spokesman for the office, confirmed that it was a “proffer agreement,” where a witness can provide information with some protection from prosecution. Wimmer declined to describe the details of the agreement.

The same prosecutors signed a more sweeping cooperation deal with one of the 16 fake electors where they dropped his charges in exchange for his testimony and future cooperation. That deal required the fake elector to “provide full and complete information” and turn over “any and all relevant documents.” If the cooperator “gives false, incomplete, misleading testimony or information,” the deal would be voided and they’d be “subject to full prosecution, including perjury and obstruction of justice.”

CNN was able to verify Chesebro’s connection to the BadgerPundit account by reviewing emails between Chesebro and the Trump campaign that reference the account, as well as by matching numerous biographical details between the two.

In an email to Trump attorneys in early December 2020, Chesebro linked to a Google Drive account for the email address TheBadger14@Gmail.com, which was once used by BadgerPundit in a tweet as his contact information. Chesebro also cited the BadgerPundit account in emails to a Trump campaign official and attorney John Eastman on January 5, 2021, pointing to tweets from BadgerPundit arguing that Pence had the authority to pick the electors on January 6.

Other biographical details related to his personal life also matched Chesebro, including his current marriage, his past legal work on Bush v. Gore, investments in cryptocurrency, past references to high school and growing up in Wisconsin – the Badger state.

BadgerPundit, like Chesebro, said he was with right-wing conspiracy theorist Alex Jones on January 6, 2021. The account also references staying at the Trump International Hotel in Washington, DC, from January 3 through the 8 – the same dates Chesebro told Trump lawyers he was staying at the hotel in emails obtained by the January 6 committee.

In his interview with Michigan investigators, Chesebro repeatedly tried to downplay his knowledge of the electors plan. He told investigators that he did not know that the Trump campaign planned to deploy “alternate electors” in contested states when he first spoke with the campaign in mid-November 2020.

“I naively assumed that it hadn’t occurred to them to have alternate electors. That is, I only thought of it because I’d been involved in Bush v. Gore in 2000 and I’d worked on a law review article with Professor [Laurence] Tribe in 2001 about Bush v. Gore,” Chesebro said. “So, I thought I was educating them about this.”

He continued to tell investigators that the plan went beyond what he advised them to do.

“The idea of alternate electors wasn’t something I’d come up with and then the Trump campaign learned about it and then backed off. My understanding is that they planned to do this all along,” Chesebro said.

Story in The Atlantic

Pro-Trump attorney Kenneth Chesebro told Michigan investigators that, long after the 2020 election, he realized the full scope of the Trump campaign’s fake electors plot when he belatedly read a September 2020 article from The Atlantic that foreshadowed the upcoming scheme. But CNN found a tweet from the day the article was published of Chesebro opining about the article and endorsing the “alternate” electors plan.

Source: Obtained by CNN

Chesebro denied to investigators that at the time he was aware of The Atlantic article from September 23, 2020 detailing how a more radical fake electors plan might work, and he reiterated that he always viewed fake electors as a way to buy more time for lawsuits, and as a contingency to be used only if the Trump campaign had pending litigation in the seven contested states.

But privately, as BadgerPundit on Twitter, Chesebro was familiar with the fake electors plot as early as September 2020, and defended the Trump campaign’s ability to pursue the plan just days after the election.

As BadgerPundit, Chesebro rebutted a Twitter user who said The Atlantic article foreshadowed the “death of democracy.” Chesebro replied, “it’s called politics, dude,” and argued that state legislatures get the “ultimate call” on who wins and loses presidential elections.

Chesebro told investigators that only later did he realize that the Trump campaign had plans to pursue a more radical version of the fake electors scheme no matter what — something that he told investigators he did not advise at the time.

“And so my point is, it seems if you credit The Atlantic article, they wanted to do unconditional alternate electors, lobby the state legislatures, and then pressure Pence to back that,” said Chesebro.

“I just feel like I was misled into pushing alternate electors for a reason to win more time, to win litigation when there was, there was certainly more to the agenda. I mean, maybe not every person that was in touch with me had this plan, but the campaign as a whole had a different plan than [what] they revealed to me,” said Chesebro.

“I certainly would not have said what I said to the electors and advise them on what the campaign wanted if I’d known the campaign had a broader agenda than they told me,” said Chesebro.

In his interview with Michigan investigators, Chesebro said that after the 2020 election, he repeatedly advocated for a more conservative approach to the fake electors plot.

“Ultimately where I came down was I wanted conditional language in all the states that I suggested three times to Trump campaign on December 12th, that they make it conditional on winning litigation. Number two, I made clear in November 23rd that the state legislatures have no power to, to override the courts. And number three, I made clear in December 13th that I didn’t think Pence should be involved at all,” Chesebro told investigators, adding, “I was never on board with what apparently they planned to do from the beginning, and which they never told me they planned to do.”

Less than two days after polls closed on the 2020 presidential election, Chesebro, as BadgerPundit, began publicly tweeting the framework for the “alternate elector” strategy that the Trump campaign ended up pursuing.

That included embracing the end-around plan of using state legislatures to overturn the results – which he later claimed to oppose in his interviews with Michigan prosecutors. He tweeted: “the election can’t be rerun. This [sic] only solution is for the Legislature to intervene and select the electors.”

In another tweet from November 5, 2020, BadgerPundit outlined a potential plan for Trump.

“He will push it all the way to early January, and if necessary, rely on Pence to count only electoral votes sent in by the Republican legislatures, or count no disputed electoral votes, and throw the election to the House, which will elect Trump. 80/20 in Trump’s favor,” he wrote.

In a series of tweets, BadgerPundit suggested he knew the plan was extremely controversial and suggested how to make the plot more palatable after a user wrote that no state “will want to be first.”

“The key to the politics” of the plan would rest on state legislatures not invalidating the results of election day but rather “expressing their own preference… of electors to be sorted out in January,” Chesebro wrote.

Speaking to Michigan investigators, Chesebro criticized the more radical plan put forth by conservative attorney John Eastman, which included having state legislatures choosing their own slates of electors for Pence to count on January 6.

“So, Eastman, he had this idea the state legislatures could somehow be effective in overturning the courts, which I thought was ridiculous,” Chesebro told investigators.

But under his online alter ego, BadgerPundit, after the election he tweeted numerous times that Pence had the power to count the fake electors benefitting Trump.

“I think Pence, in counting electoral votes, could decide that the electoral votes of the legislature take priority,” the pseudonymous Twitter account wrote on November 7, 2020, hours after the election was called for Biden by multiple media outlets.

Though Chesebro’s lawyers told CNN that BadgerPundit and the Trump campaign “never intersected,” emails obtained by CNN reveal that he sent two emails to the campaign citing a BadgerPundit thread arguing that Pence had the power to count disputed electoral votes. Chesebro sent the thread to Eastman and Trump lawyer Boris Epshteyn, but he did not tell them it was his account, the emails show.

Pence’s role on January 6

Pro-Trump attorney Kenneth Chesebro told Michigan investigators that he didn’t think then-Vice President Mike Pence should interfere with Congress’ counting of the electoral votes on January 6, 2021. But CNN found tweets from 2020 where Chesebro advocated for Pence to play an active role on January 6 and recognize the “alternate” GOP electors from states Donald Trump had lost.

Source: Obtained by CNN

On November 9, 2020, BadgerPundit wrote, “I predict that on December 14, in several states both the Trump and Biden electors will cast their votes, and the electoral votes of any State still in dispute on January 6 won’t be counted. If neither candidate has 270 votes, the House will then vote Trump a second term.”

A few days later, on November 11, 2020, BadgerPundit repeatedly tweeted that the fake electors could cast their votes for Trump and that Republican legislatures would certify only those votes.

“It’s obvious Trump will win. You overlook the power of the Republican legislatures to certify that Trump is the winner, thus leading the Senate not to find that Biden attained 270 electoral votes. Then, game over,” he wrote.

BadgerPundit wrote on December 28, 2020, “My understanding is that they’re the votes of the Trump-Pence electors who were actually on the ballot in the contested States. So if whoever counts electoral votes thinks they won … well, they won.”

Chesebro traveled to Washington in early January 2021, he told investigators, to be available for strategy meetings. He was seen outside the US Capitol on January 6, 2021, following Alex Jones.

Even after the Capitol riot on January 6, 2021, Chesebro continued to insist that Pence had the power to count electors to benefit Trump but “pretended his hands were tied.”

BadgerPundit tweeted on January 7, 2021, “But … There was a non-frivolous argument that the Electoral Count Act is unconstitutional, and the VP has the power to count, as Jefferson did. Pence could have set up a test case, yet he pretended his hands were tied. And, Trump really believes he won!”

CNN’s Selwyn Rocha contributed to this report.

Improve student “tracking” don’t eliminate it. By Matthew Yglesias

 

Improve student “tracking” don’t eliminate it

The goal should be to push more kids into more challenging work

I’m the parent of an elementary school-aged child, so a subject that I hear a lot of arguing about in real life is the idea of “tracking” (or “detracking”) in public school systems. And listening to these conversations over the years, I’ve noticed three things about how people talk about this stuff.

One is that participants in these arguments seem to have very little consensus as to what it is exactly that they mean by tracking. The United States is a large country with such a decentralized school system that there is no canonical practice of tracking or detracking.

The second is that gut reactions to these ideas are very heavily influenced by framing. I witnessed a discussion about education issues recently in which one person said that it would help a certain set of schools if they were to introduce “advanced coursework.” Lots of people seemed to like that idea. But then someone else said oh no, she’s really talking about tracking, which provoked a turn against it. The original speaker countered that absolutely not, there would be no tracking at all, it’s just that there would be some coursework that was more advanced that students could enroll in if they wanted. Then, the conversation moved on to other things. Personally, I was inclined to agree with both the speaker who proposed the advanced coursework and with the speaker who said the advanced coursework amounted to tracking. But what do I know? Words can mean different things to different people, and the woman wasn’t offering a super-detailed proposal.

The third thing is that two (bad) leftist notions hang over this whole conversation like a dark cloud.

One is a gut-level hostility to any form of testing or assessment. If you believe that standardized testing is per se racist, you’re going to struggle with any system that attempts to sort students, since sorting without a standardized test opens the door to extremely high levels of bias. The other is a kind of dogmatic racialism which insists that anything you do has to create perfect demographic balance relative to the underlying population. School quality matters, and it matters most for poor kids. But it doesn’t matter so much that schools are capable of creating a situation in which quality schooling perfectly equalizes outcomes regardless of background conditions —because those background conditions matter even more. That’s an absurd standard to set for egalitarian policy.

What schools should aim for is a policy that raises everyone up to a reasonable baseline level and that allows all students to thrive, including making sure that academically talented kids from poor or otherwise disadvantaged backgrounds don’t get lost in the shuffle. That means looking for systems that improve on the potential blindspots of a program of differentiated instruction, not systems that abandon the idea.

You can’t treat everyone the same

Anne-Helen Peterson published a piece recently titled “The Case for Detracking” that I think exemplifies some of the ways this discourse tends to go awry.

First, Peterson writes about her own background:

I was a very bored kid for most of school and craved any sort of tracking. Fantasized about it. The one day a week I did get it in elementary school — a well-intentioned but faulty afternoon Gifted and Talented program — felt precious beyond measure. So as an adult, I’ve spent a lot of time unlearning the understanding that “untracked” means “unchallenging for me.”

Given how sensitive people are to framing, I think the traditional decision in the United States to characterize certain academic programs as being for “gifted and talented” children has been borderline catastrophic. Imagine you were given a random group of 200 American teenagers and were told you need to organize them into eight different Spanish classes. Absolutely nobody would decide that the smart way to do this is to divide them up by age. Some of them would be fluent Spanish speakers and some of them would speak no Spanish at all. Others would have learned some rudimentary Spanish in school but not speak it very well. You would want to assess their Spanish language ability and slot them into the appropriate class.

And you definitely wouldn’t put a shiny “gifted” label on the fluent Spanish speakers and tell the world that the beginners are stupid. Lots of smart people don’t speak Spanish! And just because they don’t currently doesn’t mean they can’t learn to!

It is true that, to the best of my understanding, some people really do have a gift for learning languages. Humans are equal in the eyes of God and in the eyes of the law, not in our capabilities or our skills. But from an instructional point of view, the thing you need to do here is assess students’ Spanish language skills, not their “giftedness.” And, of course, precisely because the point here is not to designate certain people as “gifted,” there is no upside to being misclassified into an inappropriately advanced foreign language class. It’s better for everyone to have the right material be taught to the right students, which I think emerges clearly if you can avoid toxic framing.

My son’s cohort was in kindergarten for the bulk of the pandemic school closures, so we’ve known lots of kids who struggled in first and second grade learning to read. And something I’ve noticed among my peers it that every parent whose struggling reader was offered extra help and support from the school welcomed it.

But if the school had instead assessed all the kids and decided those in the top half were “gifted” and the others were dummies, then there would obviously have been enormous backlash. The fact is, though, they did do an assessment and then they assigned different instructional programs to different kids based in part on the results of that assessment. It really wasn’t “tracking” (and I don’t see any reason to track second graders), but even in totally non-tracked classrooms, they have various pull-outs and push-ins and specialized support. Which is just important to put on the table because, on some level, I think everyone recognizes the need for differentiated instruction. It just becomes a question of how you organize it.

Leveling up or leveling down

Peterson’s piece is built around an interview with anti-tracking expert Margaret Thornton, who pretty clearly does believe that kids need differentiated instruction. What she’s talking about is finding ways to deliver that differentiated instruction inside a singular classroom.

On its face, that seems a little odd.

As she makes very clear, this is hard work and logistically difficult! In a small town, of course, a school might have no choice. But why should a large urban or suburban school make teachers sort their students inside their classrooms rather than between classrooms?

Thornton raises the specific concern that at her prior tracked school, kids on the “good” track got the benefit of taking AP classes, while kids on the “bad” track did not. And I think that framing the concern around this kind of specific complaint — there are kids being wrongly kept out of AP classes — is more likely to lead to solutions. But you wouldn’t want to grab kids at random and toss them into an AP French Language class. I took that test after my junior year in high school, but I’d been taking French classes since fifth grade. It’s a hard class; you need to be prepared.

The risk is that in practice, detracking may result in leveling everyone down. Instead of it being unfair that some kids take the AP and others don’t, now nobody takes the AP class. That’s not exactly what happened when San Francisco moved to detrack its math classes, but it is basically what happened — every public school student lost access to certain advanced math work so the richer, savvier parents hired tutors or other outside options. Smart kids with working class parents who don’t have the time, resources, or inclination to work around the system suffered.

By contrast, back in 2019, Dallas changed its system for middle school honors math, but in the opposite direction. It used to be that to take the honors class, students needed a teacher recommendation or an affirmative parental opt-in. They switched to a new system of auto-enrollment based on test scores, with the option to opt out of the honors class. It turns out that defaults matter a lot, and honors enrollment soared after the switch. Even with this increase in enrollment, the pass rate remained the same as well.

This seems good. Texas is going to do it statewide, and so did North Carolina.

The key thing is that these schools are ditching an unwarranted scarcity mindset around tough math classes. You can only shove so many students into the honors math classroom, but it’s not like it requires expensive renovation to turn more classrooms into “honors” classrooms. You just change the course material.

But even though you can certainly put an egalitarian gloss on this — the share of Black kids taking the honors math class went up 250 percent! — it’s still the case that even after the reform, the honors classes are a lot whiter than the non-honors classes. If elected leaders are unwilling to accept that this is beyond the school’s ability to fully prevent (even if steps like the ones taken in Dallas can improve it), they are inevitably going to find themselves following the leveling-down path of Cambridge, MA, which scrapped middle school algebra classes in the name of equity only to eventually (and rightly) reverse course after it didn’t work well.1

Implementation details matter

DC Public Schools are moving in the Dallas direction, aiming to shift the default to a track where students take algebra in 8th grade and calculus by the end of high school.

This is the right idea, but the implementation details are less clear to me. The new strategic plan document sounds good, but there are no specific criteria for who is going to be taking the 8th Grade algebra.

Another info box in the plan identifies doubling the share of students who take Algebra 1 in middle school as the metric of success. This is directionally absolutely the right change, leveling up rather than leveling down. But I’m still curious, both as a journalist and as a parent of a current third grader, about the specific mechanics. After all, what really matters at the end of the day isn’t what the class is called, but what is actually taught in the class — you want to see students given challenging assignments and able to complete them. Hopefully that’s what will happen.

One very unfortunate aspect of the way these debates have played out is that it’s very hard to tell, from 50,000 feet, whether someone who says we need to improve equity in our accelerated math classes actually means something like Dallas or DC’s default enrollment or something like Cambridge and San Francisco leveling down. It’s further confused by the fact that one set of parents likes to hear this process described as “tracking” and another set hates to hear things described that way. It’s hard enough coming up with policies that work well — needing to message them differently to different audiences is a nightmare.

Fundamentally, though, I think the anti-tracking dogmatists tend to blind themselves to the inevitability of sorting. If the school system prohibits differentiation by classroom, then you still have the old standby of neighborhood-level sorting and residential segregation to rely on. That ultimately screws poor kids, makes housing markets dysfunctional, and unleashed additional layers of economy-wrecking NIMBYism. There are good ways to make advanced coursework more accessible and more fair, ways that do much more to promote equality than the faux-equality of leveling down. But you do need to be realistic about what a school system can be expected to achieve.


For Elon Musk Lately, It’s All About Russia, Russia, Russia

 

For Elon Musk Lately, It’s All About Russia, Russia, Russia

Billionaire maintains his companies are doing the most to undermine the Kremlin

Illustration: Emil Lendof/The Wall Street Journal; Getty Images (2), Bloomberg
Tim Higgins
But it is easy to see why some are calling him Moscow Musk. 
Frankly, when Putin is praising Musk, as he did earlier this month, and when the Musketeer Tucker Carlson is airing videos on the X social-media platform praising life under that authoritarian government as superior to the U.S., it is unnerving. When X is seeing a surge in Russian state-backed activity, as researchers say, and Musk’s satellite internet service, Starlink, is said to be used by Russian forces in the war against Ukraine, it is unnerving.
This past week, Musk called on his echoverse to lobby the Senate not to pass an aid package for Ukraine, in the latest example of the billionaire’s speaking out about the conflict that is dragging toward its second full year. 
“There is no way in hell that Putin is going to lose,” Musk said this past Monday during an audio event on X. 
Explanations have been offered, and unknowns persist. What’s especially jarring perhaps is the totality of the Musk-Russia touchpoints lately. It’s a lot of Russia, Russia, Russia for an extremely powerful man at the center of U.S. industry and increasingly key to strategic actions in space and communications.
The Pentagon struck a deal with SpaceX last year to help fund access for Ukrainian forces. Photo: Clodagh Kilcoyne/Reuters
And it’s ahead of the U.S. November elections, where debate will play out over X. 
“Why is @elonmusk shilling for Russia now? Why is he still a US govt contractor?” Adam Kinzinger, a former Republican congressman from Illinois, tweeted among those condemning Musk
Some on X tried to make a thing of #MoscowMusk and #ElonMuskIsATraitor.
“Why is a US defense contractor (Elon) who gets $Billions in DoD contracts criticizing US security policy, in favor of our enemy, Russia?” asked Terry Virts, former commander of the International Space Station. 
To Musk, airing his opinions freely is exactly what should be occurring on X and why, he has said, he acquired the platform in late 2022. He has said it had become too politically correct, too infected with liberal biases, to allow true public debate. 

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Some of what he was so critical about at then-Twitter, now X, was an apparatus expanded within the company after the 2016 presidential election and the late conclusion that Russian-backed actors had gamed it and other social-media platforms in an attempt to help Donald Trump become president. (Russia denied such activity.)
As X’s new boss, Musk slashed the company’s safety team along with other cuts throughout the organization. In January, the company said it would hire 100 new content moderators, a fraction of the more than 1,700 people it lost. That announcement came after some embarrassing blunders saw content go viral, such as AI-generated pornography of the pop star Taylor Swift’s likeness. 
The European Commission has opened a formal investigation into whether the platform is living up to obligations to police harmful content. About the time the European Union’s new online-content law went into effect last year, the commission chastised X as being the platform with the largest ratio of “mis/disinformation.” 
The commission is especially worried about Russia’s influence. “The Russian state has engaged in the war of ideas to pollute our information space with half-truth and lies to create a false image that democracy is no better than autocracy,” Vera Jourova, a European Commission vice president, said at the time as she urged X and other big tech companies to prepare for this year’s large lineup of elections around the world.
While Musk has bristled at the commission, the company has said it is focused on following the law and protecting freedom of expression. 
Other changes by Musk have been more subtle. In April, X did away with state-affiliated labels on accounts such as RT, formerly Russia Today, which are often seen as propaganda arms of their governments. The move allowed them to have a bigger audience, experts say. 
“Thanks to Elon Musk and the changes he has made to Twitter’s policies, Russian government and propaganda accounts have seen a surge of new followers and increased engagement, meaning that any Kremlin disinformation campaigns will reach a larger number of people, with little chance of being acted upon by Twitter,” Caroline Orr Bueno, a disinformation researcher at the University of Maryland, wrote recently in her newsletter.
Russian accounts have been amplifying calls for a U.S. civil war stemming from controversies over illegal migration, according to her research. 
The tactics, including “amplifying extremes on both sides of a divisive issue,” were similar to those used in the run-up to the 2016 election, she added, and suggested the “civil war” push “represents a sort of trial run designed to see how much they can get away with in this new environment.”
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Meanwhile, some topics flagged by researchers as attracting Russian amplification are exactly the kinds of issues that Musk has been deeply engaged with on his own X account, where he has more than 172 million followers and commands a loyal fan base.
In recent months, Musk has trafficked in tweets amplifying talk of a civil war in the U.S., and he has questioned the integrity of the U.S. voting system. 
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When it comes to Russia, Musk has warned about the threat of U.S. policies pushing Russia into a dangerous alliance with China and “sleepwalking our way into World War III.”
At the beginning of the war in Ukraine, Musk was roundly praised for helping the country by providing Starlink and its reliable communications. He noted that effort this past week when he said his companies “have probably done more to undermine Russia than anything. SpaceX has taken away two-thirds of the Russian launch business, Starlink has overwhelmingly helped Ukraine.”
“What Musk does matters much more than what he says,” Michael O’Hanlon, director of research in foreign policy at the Brookings Institution, said in an email. “His rhetoric is all over the place on many issues. But will he work harder to limit Russia’s access to Starlink? That is the big question for me!”
In late 2022, Fiona Hill, a former National Security Council official, told Politico that she suspected Putin was using Musk to send messages to the West after the billionaire floated a very specific peace proposal seen by some as pro-Russian. “Putin plays the egos of big men, gives them a sense that they can play a role,” she said. “But in reality, they’re just direct transmitters of messages from Vladimir Putin.”  
Around that time, Musk disputed that he was in communication with Putin, tweeting that he had only spoken to the Russian leader once “and that was about 18 months ago. The subject matter was space.” 
Tucker Carlson interviewing President Vladimir Putin earlier this month in Moscow. Photo: Sputnik/Reuters
Then, last year, it was revealed that Musk had denied a request by Ukraine to enable Starlink in Crimea to allow an attack on Russian ships. Musk defended the decision, saying he was trying to avert a nuclear war. 
Musk isn’t alone in his opposition to the U.S.’s sending more aid to Ukraine. Several high-profile Republicans are against the effort, including Trump, who is seeking a new term in the White House. 
Carlson, the former Fox News star turned content creator, has been using X to advocate for that view and took a trip to Moscow, where he has been touting a subway station and grocery store as being superior to what is in the U.S. As part of his trip earlier this month, Carlson interviewed Putin, during which the topic of Musk arose.
“There’s no stopping Elon Musk, he’s going to do what he thinks he needs to do,” Putin said during the interview, uploaded on X. “You need to find some common ground with him, you need to search for some ways to persuade him.”

IVF And The Faithlessness Of The GOP

 

IVF And The Faithlessness Of The GOP


IVF And The Faithlessness Of The GOP

Republicans desperately trying to cover their tracks are running the same play as the Supreme Court justices who lied about settled law to get confirmed so they could overturn Roe v. Wade.

(Photo by Leah Millis-Pool/Getty Images)

When Democrats endeavored in 2009 and 2010 to reform the health-care system and extend coverage to the uninsured, they chose the path of least disruption. They left in place existing systems that cover the elderly (Medicare), workers (employer-sponsored insurance), the poor (Medicaid), and veterans (the V.A. health system), and supplemented them with a new system for uninsured people. They’d buy health plans in a new regulated marketplace, and most would qualify for significant subsidies. 

Barack Obama wanted everyone else to understand that he’d embraced this approach because it would leave the other systems in place. His shorthand for explaining this was “if you like your plan, you can keep your plan.” 

As an elevator pitch it was pretty reasonable. Directionally, it was correct. But it was not literally true for every last insured person in the country. The Affordable Care Act also imposed new regulations on insurance carriers. It eliminated a class of scammy junk plans. It required insurers to add new benefits to their existing coverage. As such, when the coverage expansion began in 2013, some already insured people didn’t get to “keep” their plans. They got shifted into comparable ones, or better ones, or had to buy new plans online, and when their cancellation notices began arriving in the mail, Republicans erupted, seemingly scandalized by Obama’s broken promise.

If you followed politics closely a decade ago, you’ll remember this episode well. And if you’re a literalist, you’d have come away from the experience thinking Republicans were committed to absolute truth in advertising. Obama’s sin was to speak categorically about something that was true in general, and Republicans treated it as an unforgivable sin. 

In reality, Republicans do not care about truth in advertising, per se.

To the contrary, they have embraced near-total faithlessness. Long gone are the days when they ran and lost on a plan to privatize Medicare—now they promise not to touch entitlements on the campaign trail, hoping to win enough power to simply break the promise. When their policies are unpopular or disruptive, they don’t even bother with Obama-style salesmanship, where policy and rhetoric at least point in the same direction. They now simply pursue a range of toxically unpopular policies, while telling voters they do not. 

If you want an object lesson in a crucial difference between the two parties, contrast Obama’s sin with the GOP’s clumsy, all-hands effort to deceive the public into thinking it’s a champion of in vitro fertilization. 

Last Friday, citing the GOP-imposed opinion in Dobbs, the Republican-controlled Alabama Supreme Court effectively banned in vitro fertilization statewide by endowing embryos with the rights of full-born human beings. Doctors cannot practically offer IVF as a form of fertility treatment without ultimately wasting some fertilized embryos. But in Alabama, that is now a violation of the rights of the embryos. And so IVF is, for all practical purposes, forbidden as a matter of civil law. Clinics across the state shut down their IVF practices; women and couples who’d sought and paid for fertility treatments had plugs pulled on their family planning, some after undergoing difficult hormone therapies.

The backlash was as swift you might expect, and as severe as it should have been. But the Republican Party’s response was not to defend their supposed principle that life begins at fertilization—that an embryo is a person. It wasn’t to update their broader views on reproductive rights, either. It was to lie. To insist that they, the party of Dobbs and the party that banned IVF in Alabama, simply loves IVF, wasted embryos and all. 

As the Republican who bears the most responsibility for the GOP assault on reproductive rights, but who also has the least principled interest in the issue, Donald Trump led the way in notionally disavowing the Alabama ruling. Other Republicans, who’d been struggling to answer for the consequences of their agenda, followed suit—including many of the scores and scores in Congress who cosigned legislation that would codify for the whole country the same inalienable embryo rights that now exist in Alabama. 

After careful consideration, Speaker Mike Johnson, an anti-abortion extremist who also sponsored the Life at Conception Act, issued a statement insisting “I support IVF treatment” (no he doesn’t), applauding the Alabama legislature “for immediately working to protect life and ensure that IVF treatment is available to families throughout the state.”

Trump, Johnson, and other Republicans managed to bamboozle reporters into treating this as the eccentric ruling of an unusual court, which Republican legislators would swiftly override. But this is wrong on multiple levels. Every member of the Alabama Supreme Court is a Republican—they are not members of some breakaway theocratic faction, they are Republicans. Their ruling builds directly upon Dobbs, which was imposed on the country by the justices Donald Trump appointed to the Supreme Court. And as an interpretation of the state’s constitution, it’s unclear what the legislature could do to protect IVF, short of advancing a new stipulation that embryos (at least some embryos) don’t share all the rights of people. 

Refer a friend

I’d like to see Mike Johnson and other national Republicans go another round on this question. If an embryo is not a person, then their war on abortion becomes even less politically tenable. If, in the ever-shifting Republican ontology, an embryo only becomes a person once implanted in the womb, then they’ll be on the hook for a universal abortion ban like the one on the books in Alabama. No six-week exception. No exceptions for rape and incest. Every reported miscarriage a potential civil-rights violation, if not a murder. 

Their beliefs have toxic implications for public policy. They’ve thus chosen to lie.

Democrats can expose the lie by using popular policy as a wedge. After the Supreme Court ruled in Dobbs, Senate Republicans blocked Democratic legislation that would’ve protected IVF from state laws and rulings like the one in Alabama. If you want to know what their real aims are, what they do when no one’s watching, rather than what they say under duress, is the real tell. Maybe it’s time to give Republicans another crack at that bill.

But Democrats should make an issue of the lying, too. Most people hate liars. And journalists will continue to treat lies credulously if the rest of us aren’t crystal clear that nothing Republicans say on this issue can be trusted. They haven’t backtracked, they’re covering their old tracks ahead of the November election—no different than when Brett Kavanaugh and Amy Coney Barrett and the other GOP-appointed justices lied about their views on settled law in order to get on the Supreme Court, then threw it all out the window. 

Democrats have adopted a mantra to describe Republicans who call infrastructure bills “socialism,” then attend ribbon-cutting ceremonies when said socialism delivers projects and jobs to their states and districts: “vote no, take the dough.” 

The line is effective in part because it reminds voters that Republicans opposed popular legislation, but the real sting is in the exposure of sleazy bad faith. Democrats should broaden that aspect of the critique. 

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Republicans also sabotaged their own border-security legislation so they could exploit the status quo for partisan gain. They’ve stabbed Ukraine in the back because the Russian government is helping Donald Trump cheat in the election. The IVF betrayal may be an even more naked act of cynicism. Here the goal isn’t to undermine the country for partisan gain; it’s to gain power by lying about their policy intentions, then impose those very policies on unsuspecting Americans on the “too late now, sucker!” principle. 

In public opinion polling, trust is usually measured as a relative concept within the two-party binary. Which party do you trust more to [grow the economy, protect the environment, etc.]? But trust isn’t a relative concept, particularly now. It isn’t just that the public “trusts” Dems more than Republicans on the issue of reproductive rights. It’s also that the GOP can’t be believed. They should pay a political price not just for stealing the hopes and dreams and rights of millions of Americans, but for lying about it the moment their medieval ideas made first contact with reality.

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