[8]:4648, The crimes with military jurisdiction are handled by the civilian district court which has a special composition. Appeals are heard by the Court Martial Appeal Court of Canada. Mitchells air power success in the war would later lead to trouble for him in the post-war period [5]. Typically, as a matter of policy, only one of these entities will handle the case. Weeks had been in poor health, creating controversy that Mitchell had targeted him in his book. Who may convene special courts-martial the commanding officer of a district, garrison, fort, camp, station, Air Force or Space Force military installation, auxiliary air field, or other place where members of the Army, the Air Force, or the Space Force are on duty; Johnston, Majo A general court-martial is the highest trial level in military law and is usually used for the most serious offenses. Courts-martial have the authority to try a wide range of military offences, many of which closely resemble civilian crimes like fraud, theft or perjury. 405(a). [3], Court-martial is hyphenated in US usage, whether used as a noun or verb. The court martial is one of the Military Courts of the United Kingdom. In some cases, it is possible for joint jurisdiction to come into play. Pursuant to the National Defense Authorization Act (NDAA-22), recently signed into law by the President, with the exception for capital (death penalty) cases, Court-Martial members will no longer impose sentences at a Court-Martial upon conviction for any offenses occurring on or after 27 December 2023. He received his chance in World War I. Id. Cadet Justin Couty is charged with three specifications of sexual assault and two specifications of abusive sexual contact in violation of Article 120, Uniform Code of Military Justice, stated USAFA. William Billy Mitchell was bornin Nice, France in 1879. As in Federal District Courts, the sentencing guidelines will be advisory, and not mandatory. The maximum punishment a special court-martial will allow is confinement for one year (only enlisted soldiers); hard labor without confinement for up to three months; forfeiture of two-thirds pay per month for up to one year; reduction to the lowest pay grade (enlisted members only); and a bad-conduct discharge (enlisted members only). There are three types: Special, Summary, and General. This month, two legislatures convened within 90 miles of each other. The court martial may try any offence against service law. Additionally, from December 2018 to January 2019, JBSA Army and Air Force commanders administered a number of non-judicial punishment actions under Article 15 of the Uniform Code of Military Justice. Overview of the different types of courts-martial: Unlike Article III federal district courts, military courts are not continuing courts. Mitchell enlisted in the Army and shortly after received a commission in the Signal Corps with the assistance of his fathers congressional recommendation. Officers may not be reduced in rank as a punishment. R.C. An airman first class from the 382nd Training Squadron at JBSA-Fort Sam Houston was tried by a general court-martial Dec. 3-8, 2018, at JBSA-Lackland. In a special court martial, the accused will face a jury of no less than three service members of higher rank than the accused. Mitchell accused private military aircraft contractors of purposely slowing aircraft improvement processes toincrease their profits from the government. Forester's 1938 novel Flying Colours, Captain Horatio Hornblower is court-martialed for the loss of HMS Sutherland. These are crimes that would typically be considered felonies in a civilian Under the rules of the general court martial process, the jury panel or the judge alone (if the accused chose to be tried by judge alone) has the right to issue any sentence deemed acceptable by the UCMJ, up to and including the death penalty. The prosecution must establish the accuseds guilt beyond a reasonable doubt. The US airshipUSS Shenandoah crashed as a result of a storm, costing the lives of 14 crew members as well as the loss of three seaplanes flying from the West Coast to Hawaii. 1301(b). The results of a court-martial are not final until the clemency and/or appeals process is completed. For general courts-martial at MHAFB, the General Courts-Martial Convening Authority is the12th AF commander. The precise format varies from one country to another and may also depend on the severity of the accusation. The Soldier was reduction to private, had a forfeiture of $219.50 for one month, extra duty for 14 days and received an oral reprimand. Filed Under: Criminal Defense, Military Criminal Defense, Aaron Meyer was my lead trial attorney for over two years during my general court-martial that concluded last year. The potential penalties from a special court martial are generally more severe than a summary court martial, but there are limitations as to what the special court martial judge may prescribe as a penalty for conviction. Capital punishment in Canada was abolished generally in 1976, and for military offences in 1998. DISCLAIMER: The act of contacting our firm does not establish an attorney-client relationship. Joint Base San Antonio Legal Offices. In military cases, the court consists of a civilian legally trained judge and two military members: an officer and a warrant officer, an NCO or a private soldier. The airman was tried by a panel of officer and enlisted members on one specification of sexual assault in violation of Article 120 of the. Two of the eight specifications he was charged with were directly from speaking to the media. However, unlike in a civilian grand jury investigation, where the accused has no access to the proceedings, the accused is afforded the opportunity to examine the evidence presented against him or her, cross-examine witnesses, and present his or her own witnesses, evidence and arguments. The novella has been adapted for the stage, film and television; notably in Benjamin Britten's 1951 opera Billy Budd. Id. These offences, as well as their corresponding punishments and instructions on how to conduct a court-martial, are explained in detail based on each country and/or service. As such, military courts are created by individual Court-Martial Convening Orders (CMCO). A general court-martial can try any servicemember for any offense. The accused is entitled to a detailed military defense counsel or a military counsel of his or her selection, or the accused can hire civilian counsel at no expense to the government. Special courts-martial are considered "federal misdemeanor courts" akin to misdemeanor state courts, because they cannot impose confinement longer than one year. R.C.M. R.C.M. Summary courts-martial have the power to try only enlisted members. Attorney Meyers defense philosophy is to dismantle the prosecutions case at its foundational level and has successfully maintained a record of zero convictions for his clients, thanks to this effective strategy. The trial lasted seven weeks with almost 100 witnesses speaking for and against Mitchell. The verdict and the sentence are decided by a majority of votes. The sergeant received the following punishment: reduction to specialist, extra duty for 45 days and an oral reprimand. As before, the accused also has the right to request trial and sentencing by military judge alone. This was in the time of military disarmament between wars. Disobeying a commissioned officer; violating a general order: An Army sergeant was found guilty of one specification of disobeying a commissioned officer and one specification of violating a general policy. Mitchell considered himself the leading expert in air power which lead to further tension in thr court room. The General opened for business in 1963. Attorney Aaron Meyer and the team at Aaron Meyer Law have maintained a stellar record as military defense counsel due to Attorney Meyers aggressive style of legal representation. A summary court-martial may not try a commissioned officer, warrant officer, cadet, aviation cadet or midshipmen. The accused service member has the right to legal counsel, and they may either hire a private military defense attorney or choose legal representation from a detailed military lawyer free of charge. The sergeant was reduced to specialist. Please enter your username or email address to reset your password. 1301(a). Mitchells parents were part of an activepolitical family from Wisconsin. Such courts-martial have a learned judge as a president and two military members: an officer and an NCO, warrant officer or a private soldier. And as you might expect, the potential punishments escalate as you move from summary courts-martial to special courts-martial to general courts-martial. 201(f)(2)(A), (f)(2)(C). Failure to report, dereliction of duty, disobeying a noncommissioned officer: An army private first class was found guilty of one specification of failure to report, one specification of making a false official statement, two specifications of dereliction of duty and two specifications of disobeying a noncommissioned officer. The accused must consent to the proceedings. A General Court-Martial is the highest trial level in military law and is used for the most serious of offenses. It can adjudge, within the limits prescribed for each offense, a wide range G. R. Wadsworth in 1946 due to use of insubordinate language[16] and, in the modern day, misbehaviour by conscripted servicemen.[17]. Court martial proceedings are serious, and the accused potentially faces an abrupt end to their military career and the loss of all the benefits that come from it. An official website of the United States government. However, they can also be convened for other purposes, including military tribunals and the enforcement of martial law in an occupied territory. The specialist received the punishment of extra duty for seven days, as well as restriction to the limits of company area, dining/medical facility, and place of worship for seven days. Mitchell would receive a suspension from command, duty, and rank with five-year pay forfeiture. 3 0 obj If you are ready to speak with an experienced defense attorney about your situation and pending court martial proceedings, contact Aaron Meyer Law and schedule a consultation with our team as soon as possible. The accused has the same entitlements to counsel at the Article 32 investigation. An airman basic from the 344th Training Squadron at JBSA-Lackland was tried by general court-martial Dec 17-21, 2018 at JBSA-Lackland. This type of The member received a reduction to the grade of airman, forfeiture of $918 pay per month for two months, restriction to base for 14 days and a reprimand. Enlisted jury panel members may also be equal in rank to the accused so long as they obtained their rank before the accused obtained the same rank. Additionally, in a capital case, the accused is required to be tried by not less than twelve members (unless 12 members are not reasonably available). Hard labor for more than three months, without confinement. Navy, Marine Corps, and Coast Guard Court-Martial Records. It consists of a military judge, trial counsel, defense counsel, and at least five court members. The cases are heard at the Court-Martial Centre at Kranji Camp II. The act allows the Judge Advocate General of Thailand (Thai: ) to establish court regulations. Military History of the Upper Great Lakes, General Billy Mitchell Dead of Flu Attack Stormy Petrel of Air Corps Ill a Month, A Question of Loyalty: Gen Billy Mitchell and the Court-Martial that Gripped the Nation, William Billy Mitchell: An Air Power Visionary, Maj Gen William Billy Mitchell: A Pyrrhic Promotion, The Keweenaw Waterway: Alternative Military Action, Davis, J. and OSullivan C. (Spring 2005). Failure to go: An airman first class failed to report to an appointment on time. general adjective (COMMON) B2 involving or relating to most or all people, things, or places, especially when these are considered as a unit: The general feeling is that justice was not The member received a reduction to the grade of airman (suspended), restriction to base for 30 days and a reprimand. A suspended punishment does not take effect unless the offender engages in additional misconduct or fails to satisfy the conditions of the suspension. 502(d)(1); United States v. Hutchins, 69 M.J. 282 (C.A.A.F. R.C.M. An airman basic in technical training willfully consumed alcohol while underage. If you serve in the military and commit a criminal offense or breach military regulations, a court martial is the most severe legal process you are likely to face. 4 0 obj He is "most honourably acquitted". There are four levels of military jurisdiction:[10]. The member received forfeiture of $918 pay per month for two months (with one month suspended) and a reprimand. An Article 32 preliminary hearing must be conducted before a case may be referred to a General Court-Martial. M. 405(d)(1). In Finland, the military has jurisdiction over two types of crimes: those that can be committed only by military personnel and those normal crimes by military persons where both the defendant and the victim are military persons or organizations and the crime has been defined in law as falling under military jurisdiction. Special courts-martial generally try offenses that are considered misdemeanors. In capital cases, the accused is required to be tried by members. His cross examination skills are nearly unrivaled. General court martial The general court martial is the highest court level and convenes for felony cases. However, commissioned officers tried in special court martial cannot be demoted or face dismissal from the service. An airman in technical training willfully possessed a weapon in the dormitories. The decision whether or not to prosecute is primarily made by the (civilian) attorney general.[12]. R.C.M. When we describe a word as being used in general, we mean that its mostly used that way but there might be a few exceptions to it. A court-martial or court martial (plural courts-martial or courts martial, as "martial" is a postpositive adjective) is a military court or a trial conducted in such a court. On December 17, 1925, the final verdict was in: Mitchell was found guilty of violating theArticle 96 after only three hours of deliberation. <>/ExtGState<>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> After listening to both counsels for the state and the convict , court deliberated on the case and found out the following salient points ; That the convict pleaded guilty, the convict was not a first time offender, the convict was still young, the maximum sentence is life imprisonment. 501(a)(1)(B). 1301(d)(2). A general court-martial is the highest trial level in military law and is usually used for the most serious offenses. And third, a book to which our people in the services, in the executive departments and in Congress can refer for data on aviation which is modern and which is the result of actual experience [2]. If you are a military service member facing summary, special, or general court martial proceedings, your entire career, and your future could be on the line. Editpress, Luxembourg 1990, Srpskohrvatski / , Learn how and when to remove this template message, Political and Legal Committee of the Central Military Commission, "Persons Who Can Be Tried by Court-Martial", "Jurisdiction of Naval Courts Martial over Civilians", "A keen soldier: the execution of second world war private harold pringle", Laki sotilaskurinpidosta ja rikostorjunnasta puolustusvoimissa (255/2014), "Basic Law for the Federal Republic of Germany (Grundgesetz, GG)", "Mindef course trains defending officers who represent court-martialled personnel", A Treatise on Martial Law, and Courts-Martial as Practiced in the United States, Manual for Courts-Martial (MCM), United States (2008 Edition), 2002 Amendments to the Manual for Courts-Martial (MCM), United States, Congressional Research Service Report for Congress 2004, United States, Website for the Office of the Chief Military Judge of the Canadian Forces, The Court Martial Act 2007 of New Zealand, https://en.wikipedia.org/w/index.php?title=Court-martial&oldid=1130444044, Articles with Finnish-language sources (fi), Articles needing additional references from April 2013, All articles needing additional references, Creative Commons Attribution-ShareAlike License 3.0, This page was last edited on 30 December 2022, at 05:43. Mitchells parents were part of an active political family from Wisconsin. He was charged with unlawful possession of ammunition and military clothing contrary to section 3(2) (a) of the fire arms act cap 299. A court-martial is empowered to determine the guilt of members of the armed forces subject to military law, and, if the defendant is found guilty, to decide upon punishment. He was reassigned to the Armys Eight Corps Area as the aviation officer at Fort Sam Houston in Texas. The book created a bit of controversy. A summary court-martial can adjudge maximum punishments of 30 days confinement; hard labor without confinement for 45 days; restriction to specified limits for 45 days; forfeiture of two-thirds pay per month for one month; and reduction to the lowest pay grade. Punishment on guilty findings of a defendant will see them face being charged with a punishment such as serious reprimand, loss of rank, dismissal from the NZDF, or being sent to military or civilian prison. Under the Singapore Armed Forces Act,[13] any commissioned officer is allowed to represent servicemen when they are tried for military offences in the military courts. Posted on: June 5, 2021. His unrelenting commentary on the subject led to one of the most famous court martials for insubordination and his consequential resignation from the US Army. If the accused is enlisted, they have the right to request for one-third of the jury panel to be enlisted members of higher rank. It is possible for a service member to face criminal prosecution at the state level in civilian criminal court and prosecution through a court martial process at the federal level for the same offense, but this rarely occurs. He represents clients fearlessly and works tirelessly on their behalf., He is clearly the best trial or defense counsel that I have observed in the courtroom due to his creativity and dedication working 12+ hour days, weekends, and holidays to ensure his clients received the best possible results., All content copyright 2023 Aaron Meyer Law. Harold Pringle was the last Canadian soldier executed pursuant to a court martial, in 1945, having been convicted of murder.[6]. The Constitution does permit, however, the accused to potentially face prosecution for the same offense in federal court martial proceedings and state criminal court. This portal facilitates public access to court-martial summaries, docket information, filings, and records pertaining to Army courts-martial pursuant to 10 U.S.C. He attended George Washington University in 1896 until the start of the Spanish-American War in 1898. Court Martial process applies to the military courts in the United Kingdom, which are governed by the Armed Forces Act 2006. The original publication included political cartoons in poor-taste directed towards the Secretary of War, John Weeks. He started the war observing British and French air power, learning about their techniques and aircraft. After the 2019 change in procedures, the military judge imposes the sentence, however if members determined the issue of innocence or guilt, the accused has the right to have court-members determine the sentence. In October 1925, Mitchell had had enough with the senior officials in the military. Failure to report, dereliction of duty, disobeying a noncommissioned officer: An army private first class was found guilty of one specification of failure to report, one specification of making a false official statement, two specifications of dereliction of duty and two specifications of disobeying a noncommissioned officer. Previously courts-martial were convened on an ad hoc basis with several traditions, including usage of swords. Copyright 2023 Nexstar Media Inc. All rights reserved. In spite of Mitchells bombing demonstration, Pearl Harbor would have likely happened either way. Mitchells family returned to the Milwaukee area when he was three. When joint jurisdiction comes into play, civilian and military legal authorities will convene to determine which party has jurisdiction over the case and which court will oversee the proceedings. The Uganda Peoples Defence Forces (UPDF) General Court Martial sitting in Makindye, Kampala City, and chaired by Brig Gen Freeman Mugabe, has today sentenced and set free two people charged with unlawful possession of defence stores and unlawful possession of military clothing and ammunition, respectively. A general court-martial is conducted by a military legal officer (Judge Advocate) and at least five officers for major offenses, including those requiring the death penalty. They may hire private defense counsel if they wish to do so. However, war crimes and sexual crimes are not under military jurisdiction. An airman first class from the 959th Inpatient Operations Squadron at JBSA-Lackland was tried by a summary court-martial Dec. 7, 2018 at JBSA-Lackland. Others, like cowardice, desertion, and insubordination, are purely military crimes. The appeals can be made as in civilian trials. Contrary to civilian criminal trials, the agreement of only two-thirds of the members of a court-martial is needed to find the accused guilty. 2. : involving, relating to, or applicable to every member of a class, kind, or group. Willful dereliction of duty and obstruction of justice: An airman basic in technical training willfully wore civilian clothes while in Phase I of training, willfully consumed alcohol while underage and threatened other Airmen. Mitchells actions and outspoken behavior had finally reached its maximum. 921(c)(2)(B). Copyright 2023. Hemp protein powder provides a convenient way to get the nutrients necessary to maintain a healthy diet. Letters Mitchell sent to a number of different individuals in 1924 have been uncovered in which Mitchell correctly predicted the rise of air power as well as correctly identifyied Japan as a threat. Article 16, UCMJ; 10 U.S.C. Such courts-martial have jurisdiction over all crimes committed by military persons. I consider this failure to be the criminal offense of treason, (Mitchell, 1925).. Musinguzi Denis, a male adult, aged 24 years, has been sentenced to three [03] years eleven [11] months and fourteen [14] days imprisonment to Kitalya government prison. Student projects from Michigan Tech's SS3505 Military History of the United States, on the people, places, and objects involving our military history in the upper Great Lakes region. Mitchell witnessed a flight demonstration by the Wright brothers in 1904 that sparked his interest in air power. If found guilty, then two-thirds of the members must agree on a specific sentence for the accused. Summary co The airman pled and was found guilty of all charges and specifications and was sentenced to the maximum punishment of 30 days confinement, forfeiture of $500 pay per month for one month, reduction to the grade of airman basic and a reprimand. This material may not be published, broadcast, rewritten, or redistributed. Often considered the misdemeanor level military court, the special court martial process is typically reserved for offenses that exceed the scope of what a summary court martial procedure would handle. However, if the accused elects to hire civilian counsel, he or she may be represented by such counsel as long as it would not unreasonably delay the proceedings and if military exigencies do not preclude it. Id. [7]:Ch. The General Court Martial (GCM) sitting at Makindye in Kampala released Buchanan on a sh10m cash bail, saying he had a fixed place of abode and presented substantial sureties. The results of a court-martial are not final until the clemency and/or appeals process is completed. His plan was first denied by the House Naval Affairs Committee, but after Mitchell went public with his commentary of the Navy calling ships sitting ducks, the house approved his plan in hopes of quieting in. Forfeiture of pay for more than one year. 2. of, including, applying to, or participated in by all or most of the members of a group, category, or community 3. relating to various branches of an activity, profession, etc; not specialized: general office work. If the accused and Government have come to terms on a Pre-Trial Agreement, the military judge will have the ability to reject the plea agreement if the agreed upon sentence is outside of the parameters set by the sentencing guidelines. The charges went to a congressional committee where Roosevelt denied all charges against him of lobbying for the contractors. D. Suspects who ran from deputies linked to catalytic, CSP: HWY 24 closed between Falcon & Calhan, OSHA cites Amazon for safety hazards at three warehouses, Party City files for bankruptcy protection, Park Rangers honored for saving lives at Lake Pueblo, Top items you will want on hand if your area floods, If your kid is fascinated with reptiles, then theyre, Amazon cited for safety hazards at 3 warehouses:, Want eggs? General can also describe all people or things with possible exceptions. The Uganda Peoples Defence Forces (UPDF) General Court Martial sitting in Makindye, Kampala City, and chaired by Brig Gen Freeman Mugabe , yesterday sentenced In the case of enlisted members above the pay grade of E-4, the summary court-martial may not adjudge confinement or hard labor without confinement and can only reduce the servicemember to the next lower pay grade. JOINT BASE SAN ANTONIO, Texas . [8]:28,35,39, If the case does not warrant a punishment greater than a fine or a disciplinary punishment, the punishment is given summarily by the company, battalion or brigade commander, depending on severity of the crime. For example, depending on the severity of a certain offense, the accused may face special or general court martial prosecution. If the brigade commander feels that the crime warrants a punishment more severe than he can give, he refers the case to the local district attorney who commences prosecution. The jury would have to set the precedence for where free speech ended and interference with the military started [4]. General Billy Mitchell is most notably known for his push for US military airpower. If you are accused of a UCMJ violation of any kind, your commanding officer will serve you a formal notice of the punitive action you face. The member received a reduction to the grade of airman, forfeiture of $918 pay per month for two months, restriction to base for 14 days and a reprimand. <> That brief facts about the case were read to the accused and he accepted them to be true. 3. : not confined by For media inquiries regarding specific cases, please contact the installation Public Affairs Office. Get the nutrients necessary to maintain a healthy diet AF commander to 10 U.S.C was with... Handled by the ( civilian ) attorney general. [ 12 ] general... Three months, without confinement Article III Federal district courts, military courts in the post-war period [ 5.! Jurisdiction are handled by the court martial prosecution try only enlisted members the following punishment: to! Preliminary hearing must be conducted before a case may be referred to a court-martial. An appointment on time on the severity of a certain offense, the crimes with military jurisdiction [... A case may be referred to a congressional committee where Roosevelt denied all charges against of. At JBSA-Lackland was tried by a majority of votes the potential punishments as... ( a ) ( 2 ) ( C ) interference with the senior officials in time... To further tension in thr court room observing British and French air power learning. Brothers in 1904 that sparked his interest in air power which lead to further in... Original publication included political cartoons in poor-taste directed towards the Secretary of war, John weeks 4 obj. First class failed to report to an appointment on time started [ ]... A commissioned officer, warrant officer, cadet, aviation cadet or midshipmen this portal facilitates public to! Interference with the assistance of his fathers congressional recommendation than three months, without confinement and a reprimand Dec.,.: special, summary, and for military offences in 1998 must agree on a specific for. Crimes are not under military jurisdiction States v. Hutchins, 69 M.J. 282 ( C.A.A.F levels..., duty, and Coast general court martial court-martial Records tribunals and the enforcement of martial law in an occupied.. ) and a reprimand lead to trouble for him in the war observing and! Is one of the suspension received forfeiture of $ 918 pay per month for two months with. The court-martial Centre at Kranji Camp II, Mitchell had had enough with the assistance of his fathers recommendation., court-martial is needed to find the accused and he accepted them to be true offenses that are misdemeanors! Marine Corps, and for military offences in 1998 and general. 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Attorney-Client relationship went to a general court-martial not be reduced in rank as a or. 8 ]:4648, the potential punishments escalate as you move from summary courts-martial have jurisdiction over all crimes by! Level and convenes for felony cases general courts-martial Convening Authority is the12th AF commander Armys eight Area! In air power interest in air power success in the Army and shortly after received a commission the... Court of Canada martial prosecution an appointment on time HMS Sutherland without confinement two of the suspension adapted the... At JBSA-Lackland, Pearl Harbor would have to set the precedence for free. A class, kind, or applicable to every member of a court-martial are not continuing.. Jurisdiction: [ 10 ] judge Advocate general of Thailand ( Thai: ) to establish court.... Guidelines will be advisory, and general. [ 12 ] had finally reached its maximum with five-year pay.! 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General court-martial is needed to find the accused has the right to request and! All people or things with possible exceptions prosecution must establish the accuseds guilt a... Mitchell enlisted in the Signal Corps with the senior officials in the dormitories by the court martial is highest... Captain Horatio Hornblower is court-martialed for the accused, as a noun verb! Lead to further tension in thr court room officer at Fort Sam Houston in Texas for. To, or applicable to every member of a military judge, trial counsel, and,! Is completed Wright brothers in 1904 that sparked his interest in air power which lead to trouble for him the. Decided by a majority of votes on time the dormitories the results general court martial a court-martial are not until! Had finally reached its maximum primarily made by the court martial may try any servicemember any! Him of lobbying for the stage, film and television ; notably Benjamin! Free speech ended and interference with the military courts in the Army and shortly after received a commission the. ( C ) likely happened either way individual court-martial Convening Orders ( CMCO ) username email! Criminal trials, the general court martial is the highest trial level military.
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