aggienaut: (gavel)

   Congratulations to Tim Coady, the new Chief Justice of ASUCD! He should be being confirmed approximately right now at Senate. I will remain an associate Justice for exactly a week until I hit four years on the bench on the 25th.

   The Case 37 hearing has been postponed a week to the 31st. It has been officially announced that Case 39 was rejected. A Case 40 has been filed today.

   An Aggie reporter was apparently calling around trying to talk to someone on the Court. She called three other justices (who all asked me what they should say), but never called me. Silly reporters. I'm still alive, and more available for comment than ever before! So find my number.
   And The Aggie does a whole retrospective about ASUCD President Holloway's retirement and term in ASUCD, but the end of my much much longer involvement doesn't get a mention, I see how it is. I guess you don't be Chief Justice for the adoring fans.


   Last week I was in Davis. It was cold.


   Then I took the train all night right on down to San Diego. Kristy & I went to Sea World (An Anhauser-Busch Amusement Park!) on the tickets I got her for Christmas. We got year passes to the park (which cost as much as one day tickets, I was so confused trying to find out what the catch was) and backstage tours. The backstage areas we got to see consisted of two locations: the first one was kind of decent it was the back pools where they put animals that aren't currently on exhibit for one reason or another; the second was a lameo fake backstage area with some baby sharks -- baby sharks are cool but we'd seen simiilar things on normal exhibition at Monteray or Long Beach or both.
   Anyway, Sea World was extremely commercialized compared to the zoos and other aquariums we'd been to. They tried to make the arctic animal exhibit into a ride practically. Nevertheless, we got a better view of the polar bears than we've gotten at the SD zoo, and they had other fun animals the other places didn't have.
   The shamu show was really retarded. They tried to make it into some story about some kid who "wanted to connect" with the animals or some crap and... I dunno it was really lame. They kept showing this dumb kid on the huge telescreen rather than the actual whales.
   One of the most interesting things however was when we were just observing the orcas, the young one was toying with the birds. She'd spit a bit of fish out so it floated just a foot above her on the surface while she stayed below it. When a bird would try to get it she'd try to nip the bird. The second day we went the orca had feathers sticking out of her mouth.


   In other news, the legendary Diedrichs off La Paz will be closing down forever on Monday. When it reopens, it will be a starbucks. )=


   I've been back in Mission Viejo during the week, but I'm about to go back down to San Diego to take care of Kristy after she has a dental procedure tomorrow morning.


Picture of the Day


Capybara!

aggienaut: (Default)

   The Opinion for Case 34 has been published.
   Case revolved around dispute as to whether if a closed session was called on Controller Savaree-Ruess, and Savaree-Ruess motions for it to be open, can then-senate-candidate Peake who was involved in an altercation with Savaree-Ruess, require that it be closed (based on ¶3 of the relevant section, which says all parties to a closed session must ask that it be open).
   We came up with several different ways of coming to the same conclusion on the matter. I will only recite my favourite here:
   ¶1 of that section states that closed sessions can only be called on ASUCD appointees or employees (Savaree-Ruess was an appointee, Peake was neither). ¶2 of that section states that the session can only be made open by the appointee or employee being discussed (again, Peake is neither). It follows, that if Peake did not have a right to ask that it be open, he certainly cannot by NOT asserting a right he DOESN'T have, override the right that someone else DOES have.

   Case 35 appears to have been dropped. Plaintiff Laabs has made several ambiguous statements that he considers the matter settled, and today the court, operating on the principal that People Don't Know What They're Doing, voted unanimously to consider his statement that "the matter is settled" and he "intends to issue a written agreement" to constitute dropping of the case. (Though he can still tell us that oh noes thats not what he meant).

   Decisions on acceptance of Cases 36-39 are due out in the coming days. Tomorrow at Senate Justice Wheat will present the Case 34 findings, and Justice Harney may announce acceptance of other cases.
   Also the rotating Vice Chiefship now goes to Justice Harney.


   In other news, you should all add the Head of State Update to your daily blogreading.

aggienaut: (Default)

   I am about to leave for San Diego, from where a number of us will head down to Porto Nuevo, Mexico, for our traditional New Years adventure (though its always been in the snow at Tahoe previously). Expect tales of adventure upon our return.

   Since the Court is always in session and the presiding officer must always be available for interested parties to correspond with (and since I am somehow STILL the Chief Justice), I formally temporarily delegate full authority to the Vice Chief Justice, Tim Coady. On any account, interested parties should always cc emails to both the CJ and VCJ; or in this case send them to the VCJ and senior justice, Joe Harney. For that matter, in general, I recommend people always send any important email correspondence to at least two persons, because emails have been known to get lost, or if one reciever drops the ball on it than someone else at least knows about it. Its a redundant failsafe if you will.

   While I'm on the subject, yes I'm Chief Justice until replaced, which they didn't get around to doing last quarter. I will continue to stay involved until replaced, but the man (/woman) on the ground is going to be the VCJ; a position I've recommended they continue to rotate through every two weeks until there's a new Chief Justice for the same reason as before -- to give everyone experience running things and allow the CJ aspirants an opportunity to showcase how awesome they might be at it.


Picture of the Day

   Actually the main reason I decided to make an lj post just now is because earlier today I discovered that Yahoo Photos finally allows one to download a full size version of ones own pictures. In ancient times I used yahoo photos as my main online site for posting pictures, and after my computer crashed a few times it became the only place a number of my pictures could be found electronically -- but much to my consternation I could only get back really small versions of the pictures. But now one can! I've only reposted two of the affected pictures so far, but when I have time I'll replace the rest.
   This is a castle somewhere in the middle of Slovakia, April 1999.

aggienaut: (dictator kris)

   Last week I was sleeping in my bed wearing a hooded sweatshirt over a longsleeved shirt. This weekend it just got too cold to sleep or work in my room and I moved out to the living-room couch, where it was significantly warmer (though there I have to contend with my roommate randomly coming out to ramble at me about obscure aspects of geology). He actually noted himself however, how it was odd that it would be uncomfortably warm in his room with the window open, and uncomfortably cold in the livingroom (this being the same livingroom temperature that I was considering to be blessedly warm). I think our heater dumps 60% of its heat output right into his room, 30% the other rooms, 7% gets piped directly outside for some reason and the remaining 3% goes into my room.

   Additionally, our internet was down all weekend. Fortunately all the research I'd done was from scholarly journal articles which are invariably in PDF format, which is irksome in that I have to download them to read them, but in this case as I'd downloaded them already I did not need internet access to write my paper. Still, not having internet access all weekend made me feel remarkably isolated. )=


Libya, Re-examined
   So as you know, Libya has long been considered a classic Rogue state. Leader Muammar Kadafi publicly reserved the right to develope nuclear, biological, and chemical weapons and refused to sign the relevant treaties, and for decades blamed the United States for everything including purposefully starting the AIDs epidemic to make the rest of the world dependant on US pharmaceuticals. Also, when he came to power in 1969, he officially renamed Libya as "The Great People's Libyan Arab Jamahiriya" -- "Jamahirya" being a word he had made up, possibly on the spot. It sounds to me like some kind of delicious Cajun dish.
   So why did we get off on the wrong foot with Libya? Well to be fair we were less than thrilled when he nationalized our oil investments in his country upon coming to power, but another significant factor is that we were pissed that in the Iran-Iraq war Libya was supporting Iran against our dear ally Saddam Hussein.
   Also of interesting note, Kadafi has been after Osama Bin Laden since before we had any idea who he was. It was Kadafi who issued the first Interpol arrest warrant for Bin Laden. When the September 11th bombing of the World Trade Center occured in 2001, Libya was one of the first countries to offer condolences, condemn the "horrifying and destructive," and state that US military retaliation would be justified. (seriously, I have three sources on this)
   The most infamous action linked with Libya has been the bombing of Pan Am Flight 103 over Lockerbie Scotland in 1988. In the initial months after the bombing, the prime suspects were an organization called PFLP-GC. However, later a piece of circuitboard was discovered among the wreckage that an FBI expert testified could only be linked to a Libyan bomb. Later that FBI expert would be convicted of perjury in presenting false evidence during unrelated murder trials. In 2003, a retired CIA officer gave a statement to Megrahi's lawyers in which he alleged evidence had been planted. And in late 2005 a retired Scottish police chief who had been involved in the investigation has submitted an affadavit that the CIA had planted the key piece of circuitboard. (source)
   Anyway, when Libya announced in 2003 that it would renounce weapons of mass destruction and sign all the relevant treaties, many hailed it as a consequence of Libya being concerned about being the next Iraq. My research indicates, however, that Libya had been trying to get back on our good-side for some time already (vis-a-vis the reaction to Sept 11th), and was getting desperate to get out of the crippling sanctions they'd been buried under.


Parking > Defence Budget
In other news, I recently found this somewhere on the internet:

“Free parking isn't really free. In fact, the average parking space costs more than the average car. Initially, developers pay for the required parking, but soon tenants do, and then their customers, and so on, until the cost of parking has diffused throughout the economy. When we shop, eat in a restaurant, or see a movie, we pay for parking indirectly because its cost is included in the price of everything from hamburgers to housing. The total subsidy for parking is staggering, about the size of the Medicare or national defense budgets."

Picture of the Day



Social Sciences Building


   ...and Case 36 has been filed.


Previously on Emosnail
   Three Years Ago Yesterday:
Corresponding With Vicki Swett II - ASUCD Advisor Vicki Swett informs me that the ASUCD Administrative Office will not do work for the Judiciary. I politely ask her for the Administrative Plans for SGAO and the office of the Advisor. Turns out neither exists. I'm told SGAO at least has one now. (See Also: Corresponding With Vicki 1)
   Two Years Ago Last Saturday: Re-Enfranchisement, Partially - ASUCD Justices formerly couldn't write any legislation at all, a Bill passes however enabling them to write legislation regarding specific judicial sections of the bylaws however. Also, The President of Ecuador dismisses all Ecuadorian justices.
   Year Ago Last Saturday: Four Pending Cases - This year we only have three.

aggienaut: (asucd)

The ASUCD Gulag
   After a 2+ hour debate in which two people cried, the ASUCD Senate finally came to an agreement: they would fork out $1,000 to send the controversial Steven Ostrowski to do hard labour in another country.


Indictment Act
   Judicial Proposal 7 was finally passed (12-0-0) as Senate Bill 35. To have the ASUCD Senate consider the removal of a Justice:
   Formerly required a motion by a Senator (no need for a 2nd even), Justice would be told 24 hours in advance that they were being considered for removal (they need not be told (and usually weren't) anything more specific about the charges than that it is a "personnel matter") & that they have a right to make the closed session on them open;
   Henceforth (assuming President Holloway signs the Bill) a motioning Senator will have to write up charges citing (i) the specific bylaw or subsection of the judicial code of ethics allegedly violated, (ii) the specific action or inaction the Defendant Justice allegedly committed and the specific time and place if applicable, (iii) the general evidence or witnesses who would be able to attest that it is reasonable to believe these allegations, and (iv) an argument or explanation that if believed these allegations would render the Defendant Justice unfit for their position; and the validity of these charges must be confirmed by the Internal Affairs Commission; if approved by the IAC, the motioning Senator then may proceed as before (24 hour notice etc), but the defendant Justice shall of course be given the approved charge sheet and may only be charged in accordance with such.
   Unfortunately, when I think about the spurious charges made against ASUC Berkeley Chief Justice Sonya Banerjee earlier this quarter, they might have slipped through even the new indictment process here,* but at least for example the spurious "just to talk' impeachment hearing Sen Birdsall called against Justice Harney & myself last year would have been right out.

   Anyway, needless to say the passage of SB35(2006) should actually make a huge improvement in the independance of the ASUCD Judiciary. It was a very positive note for my last ASUCD meeting, ever.


Using E
   Every time Sen Alexandra Frick's name is called I think my name is being called since "Frick" is a very very common mispronouncement of "Fricke." In fact, our names are in all probability etymologically linked and we share a 16th century Prussian ancestor. I am rather disappointed, however, that Alex's ancestors gave up the fight to explain that the "e" is not silent. (Though my own ancestors missplaced an accent mark that was over the "e" somewhere in Brazil)


Advising Advisor: Rein in Reign or Resign
   The Aggie ran an editorial yesterday supporting Elections Chairman Leathers' call for ASUCD Advisor Tucker to change his behaviour or resign. This comes a day after a front page article reporting on the situation, which was initiated the day previous by a livejournal post on the subject by Leathers.
   Article ends with "Tucker has little ASUCD experience and would do well to pay some respect to those students who have been active members of the association longer than he has."
   On any account, rumour I'm hearing is that Tucker was never planning on being the advisor for more than two years, before scampering off to law school. I think its kind of silly to hire an advisor for so short a period of time that they'll never have more experience than the senior student leaders (previous advisor Eric Sanchez was around less than a year). I have a brilliant idea for our next advisor though: former Sen Lamar Heystek.
   I'd be available to take the job presumably, but I'm in no need for such a demotion ;) (For Heystek though it would be an appropriate "day job" to support him while on city council (which does not pay I believe)). But really I plan on not being around here for the rest of eternity ... though on the plus side it would be the ultimate last laugh on Vicki Swett if I ended up with her job.

Quote of the Day: "I bet you never thought I'd be contemplating filing two back-to-back cases!" - Kai "No Need for a Judiciary" Savaree-Ruess.


Year Ago Today: Unqualified Candidates Scandal Breaks - News of the Unqualified Candidates Scandal first breaks. Also, I'm quoted in a student government court opinion in Texas.

aggienaut: (fiah)
The Case 34 Hearing will now be taking place in the Moot Court, UCD Law School. Same time as before (tomorrow, Wednesday, 12/06).

Directions:
Here you can see the law school, King Hall, on a campus map. It is behind Mrak from our usual perspective, on the side closer to the Mondavi center. (Those not from Davis can get a good laugh from the fact that the building in the upper left of the map is titled HOG BARN!!)

Here is a map showing where in King Hall the Moot Court is -- it is "Room 1008" in the upper right corner. The porch in that corner is the entrance facing Mrak.

There is metered parking on the street outside King Hall, otherwise it is within normal pedestrian range from the rest of campus.

We apologize for any confusion or inconvenience.


Previously on Emosnail
   Three Years Ago Today:
Chancellor Vanderhoef Reads This Livejournal! - And three other interesting headlines. One of the four is actually true (=
   Two Years Ago Today: UCLA Flies Me In - UCLA picks up the tab for me to visit their campus, obviously because I'm so very important (=
aggienaut: (star destroyer)

   The Case 34 Plaintiff Brief is unchanged from last week, and the Defence Brief just came in. I recommend you read them, they're concise (1.5 and 1 pages respectively) and its relatively easy to grasp what the case is about and therefore rather what exactly it is we do in the ASUCD Supreme Court.


   The Hearing is scheduled for tomorrow (Wednesday, Dec 6th) at 7:10pm in the MU Mee Rm Moot Court, UCD Law School.


   In other news, The Aggie published an editorial ("Sanders' Motives, Integrity Questionable"* today declaring former Lead Senator / Focus VP Candidate Jon "Independant" Sanders to have a shadiness factor of approximately nine**.
   Sanders belongs to the same fraternity (Delta Chi) that brought us Sen Thomas "Loopholes" Lloyd & Justice Daniel "Retroactive" Raff.

* Will someone please do something about the paragraph-long Aggie URLs?!
** Number nine not explicitly stated in the editorial, but clearly implied.

aggienaut: (Pope Kristof)

   Court meeting this evening. We (1) Set the time & place for the Case 34 Hearing as next Wednesday at 7:10pm, MU Mee Rm; (2) Granted the Plaintiff's motion to have two counsels speak for each side rather than one; (3) Elected a new Vice Chief Justice -- Tim Coady; (4) I read the new "Presiding Officer Suppliment" (to the Judicial Handbook which doesn't yet exist); (5) I introduced Judicial Directive 14, which codifies the position of Inter-Collegiate Judicial Federation (ICJF) Liaison, which already exists (Justice Coady); (6) We reported new contacts to the ICJF: contact has been reestablished with UCI; the UC Merced president will send me the Chief Justice's contact info as soon as there is one (apparently Justices were being sworn in down there this very same evening); we've made contact with Antelope Valley College, Puget Sound sometihng and something else (Iowa?); (7) We discussed the changes that had been made to Judicial Proposal 7.
   Though in an actual indictment hearing, on which this proposal is modelled, only the prosecutor presents, many people present at the IAC meeting on Monday found this hard to stomach. I found myself arguing with Lead Party Chairman Schwab against rights of Justices (their right to be at their own indictment), which I thought was rather funny. Anyway, regardless of the theory and precedent of real indictments, it became clear it would be very hard to make the Senate understand, so it was decided to instead disallow the prosecutor from presenting. Instead they would simply submit a charge sheet alleging specific charges over specific events that violate specific bylaws.
   To further clarify things, I went ahead and prepared an example charge sheet, in which the fictional Justice Vader is charged with various things such as sleeping with the Defendant and being the cause of the Deepthroat Incident. Calls on witnesses such as ASUCD President Neustrom & Chief Justice Kenobi.


The Special ASUCD Spurious Commission on Heraldry & Superlatives
   Once the Court meeting had concluded, the Special ASUCD Commission on Heraldry & Spuriousness (SCHS) convened. Warning Gratuitous Nerdery )

it has been officially determined that Steven "Darth Steve" Ostrowski cannot be considered a "Sith Lord" nor given the title of "Darth," but should instead be rightfully considered "Sith Ostiarius Ostrowski."


   Then Justice Harney & I went to dollar pint night at Sudwerks and I met up with my friends RoseJean Weller & Shemek.

aggienaut: (gavel)


   The Case 34, Savaree-Ruess vs. Carnes et Al, Hearing has been postponed until Wednesday next week pursuant to a motion by the Defence.

   I stopped by the Student Government Administrative Office (SGAO) today and found Plaintiff Savaree-Ruess, Defence Counsel Powers, Associate Defence Counsel Harms and ASUCD Advisor Tucker all hanging out. Ruess said that his team (which includes Defence Counsel Greg "Big City Lawyer" Russel) is already working on one-liners to use during the Hearing. Powers vowed to be equally prepared for the battle of wits.
   Powers has also created an "ASUCD Legal Defence Team" facebook group. Clearly, the legal armsrace is on!

   Anyway, during my twenty hours of driving this past week, as I said I had altogether too much time to ponder the deep questions in life ... such as how to make ASUCD even better! I came up with two brilliant insights:


Deliberate Oral Exams
   The actual reason I was lurking around the third floor was to pitch this idea to Tucker.
   Basically, I was pondering how the interviewing process for prospective justices could be made to better highlight the skills one wants justices to be selected based upon. The normal interview process only works if the interviewers ask brilliantly insightful questions, and even then they might get at the mentality of the Justice, which is important, but it leaves utterly no guidance as to whether tehy will be an involved and effective Justice.
   Now the way the US State Department examines prospective foreign service officers is, after making an initial cut in written exams, they put a dozen or so applicants in a room ... and have them fight to the death! Not really but they make them work on some theoretical project in which they'll need to compromise and work together.
   And so I was thinking, what if we get the judicial applicants together in groups of nine provide them with a hypothetical case, and watch them deliberate! The people currently mandated to be on the interviewing committee observe these deliberations and can then make selections on a basis of effectiveness, insightfulness, judicial mentality, and all kinds of other relevant informations!

   I pitched it to Tucker and he thought it was a great idea and could even be implimented for the interviews that are coming up asap. He's still got to pitch it to President Holloway though, who as chair of the interviewing committee is the one who decides. But I'm very excited about it. Time to rustle up a case.

   And hey take note UC Merced, I know you've been stalled for weeks on the judicial interview process!


Fully-Automatic Recall
   Currently, at universities nationwide, there is a problem with elections. That being, that (1) if a candidate gets disqualified, they very frequently sue anyone and everyone until the right people roll over and let them take office, since no one but the candidate themselves cares about it enough to go to court over it; and (2) the candidate invariably cites a misguided interpretation of "democracy" or "will of the people" to support their position. It has been of little avail to advise them that its not "will of the people" if they had an unfair opportunity to influence "the people" or "the people" didn't know critical information about their character. But I came up with a solution that utterly resolves both these problems.
   Keep the system of "campaign violations" or "censures" which are given in various amounts for various severities of violations. BUT where currently a certain number mandate disqualification (three in ASUCD, five at Berkeley I believe), replace disqualification with automatic recall. Basically, the candidate still gets elected into office, but a recall election is immediately scheduled for them the following week.
   In this matter, it can be conclusively determined whether "the People" would overlook their indiscretions, and I can't imagine a lawsuit overcoming this second voicing of the "will of the people."

aggienaut: (gavel)
   I am officially back now as far as the Court is concerned, and some noteworthy things have occured in the mean time.

Case 33 Laabs vs the ASUCD Senate has been rejected.

Case 34 Savaree-Ruess vs the ASUCD Senate (Carnes et Al actually) has been accepted.

Case 34 Plaintiff's Brief has been filed. Defence brief will be due tomorrow. The hearing is scheduled for 7:10pm this Wednesday (Nov 29th).

Interviews for court positions were supposed to occur today apparently but were cancelled as not all interview-committee members could make it.
aggienaut: (asucd)

A Day in the Life of ASUCD Senate
   Still in Senate, Senator Zamora just cited "hearsay" about what a business manager allegedly said about a financial bill, which I thought was funny. Anyway, we're talkign about about a bill to spend $11,500 on security cameras for the Bike Barn. For unclear reasons this bill didn't formally go through Business & Finance Commission (B&F) so people are talking about it at great length here.
   Earlier the Senate discussed spending $1,600 so people can go to the "Reaffirming Ethnic Awareness & Community Harmoney" conference. The Bike Barn bill just passed 9-?-? over the B&F Chair's mild objections.
   Bill for $300 for World AIDS Day shirts. Later we'll be discussing the Justice-Impeachment-Indictment Bill (formerly Judicial Proposal 7, now Senate Bill 23), and the bill to change the wording of the Senate agenda item under which the Chief Justice makes reports. Then a constitutional amendment and a bill placing it in the bylaws regarding the proposed "Outreach Assembly" will be discussed. That should be interesting, its gone through every commission, and it would kind-of create a lower-house of the Senate.

   8:36 - senate is now debating whether "miseducated" is a word
   8:51 - Senator "Tiny" Sanders: "I'm disappointed none of these t-shirts are in extra large. Big people also believe in fighting AIDs! But if it costs more don't worry about it, I'll go work out so I can fight AIDs, or wear a tight shirt!
   8:55 - The passing of the t-shirt bill puts the Senate budget in the red!
   9:38 - a bill reallocating the money formerly given to UCSA just passed, so the budget is no longer in the red. Now the Office of External Affairs is proposing we hire a professional lobbying firm for $15,000 a year (a company that usually charges $30,000 a year). This will of course be coming from the money that formerly went to the UCSA. This company will research education related legislation for us, lobby for us, and train 20 students a year for us. Sounds like it really kicks the ass of our former use of the money.
   10:37 - Kevin Powers (Executive Staff) - "I feel like its Mount Olympus up here ... and some people just can't claim it" (talking about the Outread Assembly now)
   11:07 - Senator Deepek "I want to include some kind of clause or.. quasi-clause..." (it was even funnier at first because I thought he said "clausie-clause")
   11:21 - Senator Higgens "The corruptability of this proposed body will . be . the . downfall . of . this . association." (still talking about the Assembly.)
   12:32 - The Bill & Constitutional Amendment to create the Assembly have passed.
   12:50ish - JP7/SB23 finally comes up, which is the bill I've been waiting for. Things start out good, with two senators speaking very favourably of it, and Ostrowski speaking against (which is in fact a good thing, as Senators tend to rally against whatever he's saying). Then two senators spoke skeptically and Max Mikolanis, who's the author since I am one of nine people in the world who can't be,* got cold feet and withdrew the bill. Next time I'm putting Jabba the Hutt as the author and myself as the author-designee.
   01:10am - Meeting over. I've spent 17 of the last 29 hours at student government meetings.

*ASUCD Justices are forbidden from writing legislation, but non-ASUCD members aren't. Saddam Hussein could write an ASUCD bill, but I can't. At the time they made this rule I tried to point out that it is NOT a violation of seperation of powers if I can write legislation since its the ability to PASS legislation that is unique to the Senate (again, since even Augusto Pinochet can write ASUCD legislation), and that unless they think I could unfairly cause them to pass it through some kind of jedi mind tricks, there's absolutely no reason to prevent me from writing legislation. This was part of the origin of the "jedi mind tricks" epitaph which eventually got stuck to my name (for example I was put on the fake election ballot as "Kris 'Jedi Mind Tricks' Fricke").

   Anyway, this entry is about my farewell address.

My Farewell Speech )

aggienaut: (asucd)

   I'm sitting in the ASUCD Senate meeting at the moment. So far "today" I've been in Senate meetings for 7.5 hours, and going strong! About an hour ago I made my farewell speech here. I'll try to recreate it as best I can in a subsequent LJ entry.

   Anyway, I was at the impeachment hearing for ASUC Berkeley Chief Justice Banerjee last night, which went until 5:48am.
   I think the whole thing is really summed up by an event that happened towards the beginning. After going back and forth a bit, and then consulting with the chairperson, it was announced that both the Defence & Prosecution had agreed that one of the charges should be dropped. This still had to be approved by a vote of the Senate however. Despite the fact that both parties agreed that the charge should be dropped, a sizable portion of the Senate STILL voted against dropping it. Clearly, some people weren't concerned with any sense of justice.
   Ironically, of the two witnesses the Prosecution called up, one had been convicted of perjury by the Judicial Council last year, and one had been prominantly noted as being a totally evasive witness in a case last year. So you have a perjuror & an evasive witness testifying against the Chief Justice ... needless to say the perjuror (from some analyses I've seen since), was in fact misleading in his answers if not outright lying again, and the evasive witness definitely demonstrated her skills at evasion.
   And incidently, the Judicial Rules of Procedure, which the Senate is to follow during impeachment hearings, clearly state that someone convicted of perjury cannot testify in future cases (unless both sides agree, which they didn't here). The chairman misunderstood the purpose of this rule and said that the perjuror "was only banned from Judicial Council, but THIS is Senate" (paraphrased), but the point of course isn't that the Council doesn't want to see him anymore, but that he's clearly an unreliable witness!!

   Anyway, not to be morbid by saying I enjoyed it, but I found it very interesting. I especially enjoyed meeting all their justices in person. The justices that were assisting in Banerjees defense welcomed me onto their team as if I was one of their own and I greatly enjoyed getting a chance to work with them so closely.

   Anyway, there was no doubt that Banerjee destroyed the case against her. The Prosecution during their closing arguments even said something along the lines of "so, yeah we're obviously not lawyers, and we probably didn't do a very good job presenting our case, but believe us she should be impeached!!" and this was echoed by some pro-impeachment senators during deliberations (which fortunately were open, after some implication in the past few days that it might have been closed), who even went so far as to say the impeachment trial was "unfair" because Chief Justice Banerjee had an unfair advantage in actually knowing the judicial procedures and being lawyerly.
   Don't get me wrong, I went with an open mind that maybe there were salient charges against Banerjee. And a few times it sounded like the prosecution was onto something ... until the defense devastatingly showed how misleading the nuanced account just given by the Prosecution was. In the end, I can't think of a single charge that had any weight left in it, but the final vote was 12 in favour of impeachment, 8 against. Since a two-thirds majority was required to carry the removal, it failed.

   Additionally I'd like to thank Brent Laabs & Laabs' Friend for driving, and our Justice Coady, as well as IAC's Max Mikalonis for coming along and staying till the bitter end with me. It was also nice to meet bloggist Beetlebeat and (one of?) the Calstuff bloggers. Someone I met was very enthusiastic to meet "the Emosnail blogger," which made me feel kind of famous. (= I'd also like to note that I was particularly pleased with Squelch! Senator Wasserman's performance.

Miscellenea: The ASUC Berkeley Senators have brass placards! We all have cardboard ones here. Their justices don't have placards at all. Also, the mythical "point of clarification" used by Senate up here (which allows you to say whatever you want whenever you want) is mirrored by "points of personal priviledge" down there (which as intended by Robert's Rules are for random things like "I can't hear the speaker" or "its too cold in here"). ASUCB: get your justices placards and clamp down on these points of personal priviledge. ASUCD: lets all get brass placards. Especially the Court since we'll all be using them for years. (=


Quotes
   Banerjee: "Objection!," Chair: "There's no grounds for an objection here, what he said doesn't even make sense!!"
   Prosecutor "Objection, Leading!" Chair: "She hasn't asked anything yet!"


Related

   Reporting Live - Berkeley student paper Daily Cal actually publishes an article on the impeachment while the impeachment is still ongoing.
   Official Newspaper Article - The Daily Cal reports. Also notice how short their URLs are compared to the long ugly Cal Aggie URLs.
   Beetlebeat Long Version - account of the impeachment
   Beetlebeat Short Version
   People for the Ethical Treatment of Sonya Banerjee - Facebook group
   [I'm sure a number of people will blog about the events, please bring these entries to my attention for linking]

aggienaut: (helicopters)

Unexcused Behaviour
   Tuesday's opinion section in the Cal Aggie had some lulz, with a guest opinion from Kai saying the Aggie blew the altercation out of proportion on one side, and an editorial from the Aggie editorial board saying Kai's behaviour was totally inappropriate ("Juvenile Behaviour Unacceptable" specifically) on the other side.
   Incidently, if Kai's editorial was supposed to be the apology he promised the Aggie he'd make, I'm not sure he ever got around to saying he was sorry. I can't double check, because for some reason it isn't on the webpage anymore, but from my recollection it was much more of a justification of his actions and an attack against all who would say otherwise than anything resembling an apology. At the very least, it smacked of attrition (regret that one was caught or punished) rather than contrition (regret because one realizes ones actions were wrong).


Court Today
   Anyway, two Court cases were filed on Monday morning. They have been designated Case 33 & Case 34. But I don't like people to get all in a dither over the very act of filing a case so I'm not going to go into any further detail on the cases until we've decided whether to accept them or not.
   Agenda for tonight's Court meeting (8pm, ASUCD Conference Rm) includes, provisionally in this order: Case 33, Case 34, Judicial Proposal 7, Other Proposal 1*, fieldtrip to Berkeley right after our meeting?, election of an Inter-Collegiate Judicial Federation Liaison, & Judicial Directive 13.
   *OP1 = the proposed change of Senate agenda item "announcement of new ASUCD Court cases and reading of prior week’s verdict(s)" to "announcement of new ASUCD Court cases and reading of prior week’s verdict(s) and Court announcements." Personally I think as long as we don't have "Controller Report & announcement of any new financial decisions" on the agenda we shouldn't have a sentence telling us exactly what to tell the Senate either. But since Internal Affairs Commission Chairman Rivera's question to me about that was only rhetorical he didn't want to hear that from me I guess, jerk. (=
   Tomorrow at Senate I will be making my farewell speech, and the Senate will be discussing JP7 & OP1 (which will both be assigned an SB# by then).

   In other news, the impeachment of Chief Justice Banerjee is scheduled for tonight down in Berkeley. As I mentioned, a bunch of us are thinking about going down. I'd like to laud Beetlebeat's excellent coverage of their Senate's antics: Vice President Gupta claims Senate can use powers constitution reserves for Court; Former Defendant Gupta Denies Conflict of Interest in Chairing Impeachment

In Other News
   After extensive research and testing, I have determined that any kind of soup tastes better with graded cheese added, and the vast majority of them also benefit from the addition of sour cream.
   On that note, my food selection has improved. When I was first released from the dorms to become a feral undergraduate student, I lived on ramen and macaroni & cheese. After like two years of that I settled on a steady diet of salami-sandwiches. Lately, however, I've been getting a selection of canned soups, & chili. Also some hot dogs which I cook in the toaster oven (boiled hotdogs are kind of a travesty). And most shocking of all, I got a big back of lettuce & some italian dressing last time I was at the store and have been devouring salad with my dinner! So long scurvy!!


Picture of the Day

   This is one of my favourite pictures. Its not recent, and in fact its buried deep in the 1,069 pictures I have on flickr now. And so, so that thtose pictures I consider "must sees" are easily accessible, I made a album of just my favourite of my pictures. And so, you should check it out asap


   Oh and there's an ASUCD election on at the moment. Vote at asucd.ucdavis.edu.

aggienaut: (dictator kris)

   As before, I'm having the Vice Chiefs pretty much run things. At today's meeting: Justice Aguilera: "Hey how are you?" Me: "I don't have my laptop, I don't have an agenda, I don't have anything, its great not having to stress about that anymore!" ... a few minutes later Vice Chief Wheat comes in and asks me how I'm doing as well "I have no idea what we're going to talk about today, I'm not stressing about any of it.. I feel like I should be wearing a hawaiian shirt!" ... a few minutes later after some fidgeting "okay guys it actually freaks me the hell out, & thats why I keep talking about it!!"
   Mainly Ratto v Vakil )




   Anyway, so the Mock Election is still on. Vote if you have not yet. The Judicial Dictatorship in ASUCD! party is recommending you vote Kris Fricke #1, Mark Champagne #2, Brent Laabs #3, & Paul "Will never be forgiven for putting five justices off at an IAC meeting until the very very end, after a ten minute 'icecream break'" Harms #11.


   In other ASUCD news, a prominant Lead senator, Jon Sanders, has defected from the Lead party and declared himself independant. Lead senator Christine Rogers called for a closed session to discuss removing Sanders from the position of Senate President Pro Tempore immediately after his announcement, though she says it is unrelated.


Quote of the Day
[00:11:28] Darth Laabs: the problem is that everyone running in this election is more qualified to be a senator than anyone on the current senate
[00:11:36] Darth Laabs: except Kai
[Kai being a candidate]


Picture of the Day
totally unrelated to the Court Meeting
A close up of my Clockwork Orange makeup Tuesday, because I thought it was novel.

aggienaut: (gavel)

   Okay that was so fun last week, I'm going to once again do a general summary of our Court meeting minutes, so you can all marvel at what an august body we are.

8:10 - We have quorum with five justices, but Justice Coady is running late so Vice Chief Harney, who is presiding, holds off calling to order. While we are meeting informally Justice Wheat urges us all to vote no on Proposition 90, saying it will in effect allow the government to seize by imminent domain a lot of lands that would otherwise be protected environmental areas. Justice Harney disagreed, and it went back and forth until someone else (jokingly) suggested they schedule a debate in the coffee house.
   Next I announced my distress at seeing the Wikipedia article of the day declaring that .999... equals exactly 1. Particularly alarming, at least two of the proofs offered were very easy to follow and seemed compelling. I, however, remain suspicious that the problem is with our math system and not reality.
8:18 - Meeting called to order. We discuss the latest developments in the ASUC Berkeley scandal, discuss the case we discussed last week just a little more (as Harney had been absent at the time and had some thoughts). It is proposed that for further practice and to really hash out our thoughts on the subject we will cobble together a brief unofficial opinion on our take on the case - Justices Wheat & Coady volunteer to head this.
   We unanymously accept the Senate's recommendation that "Student" be stricken from the Judicial Codes where it erroniously says "Student Court." We discuss who will Vice Chief for the next two weeks, in accordance with our Partitioned Vice-Chiefship Plan, and parli pro starts to get a bit wacky. Coady: "Lets move on to the next agenda item then, nominations for Vice Chief" Harney: "Alright its moved that we take nominations for Vice Chief, do I have a second?" Coady: "I second" Harney: "you can't second, you moved!" Coady: "No, I recommended, YOU moved, so I can second!" We were of course joking, we're not that anal-retentive. Coady declined a nomination, Wheat was nominated and accepted uncontested as the new Vice Chief (for the next two weeks).
   Then we got into a discussion as to when exactly one is impeached. We know that an impeachment that is not successful is still an impeachment (for example I was impeached three times but never removed), but the Chief Justice before me resigned the morning of her impeachment, so was she technically impeached?
   Harney brought up that he'd talked to Student Judicial Affairs and they had said they might consider transferring review of parking ticket appeals to us. While this seems at first kind of an odd thing to add to our repetoire, a lot of Chief Justices at other universities I've talked to have mentioned having such a duty as well, and I think it might be a good addition to our role, didn't seem to have any major drawbacks (other than increased workload and potentially less interesting cases, but I think we could deal), and students would probably feel better about appealing their parking tickets to us than to faceless SJA droids. We were all interested in having Harney look into this further.
8:50ish - Meeting adjourned.


   In other news, the ASUCD Bill to formally remove us from UCSA has been written and introduced I believe. It was written by none other than former UCSA Chair Brent Laabs.
   Also, regarding the Berkeley scandal, apparently the attempt to pilfer the ASUC Berkeley treasury has been dropped from the Senate Bill. Now all it does is say that everyone should work on better bylaws. Now there's a shocking new policy. Maybe we should legislate that we should legislate as well!


Completely Unrelated Picture of the Day


Tom's catmom instincts kick in

aggienaut: (Pope Kristof)

   So awhile ago I had created a facebook group dedicated to the game of Assassins. Nearly a year later there were still only six members in it because I never got around to promoting it and in the dark days before the Facebook Newsfeed things tended to go unnoticed on Facebook unless you put effort into them.
   Well this morning I finally got around to sending facebook invites to a number of my friends. Some 12 hours later, 9 more of my friends have joined, and due to their joining being echoed on their friends' newsfeeds, 13 more people joined bringing membership up to 28.
   I think I'll declare an actual physical meeting for next week. I will do this declaring tomorrow.

   (And yes, for those who don't remember (& the 95% of you who weren't around back then) thats ASUCD Senator Jon Avidor & then-President Tiqula Bledsoe in the picture to the left here.)


Seceding from the Union
In a special operation today Emosnail agents obtained photographs of a draft bill that would remove ASUCD from the UC umbrella organization UCSA. In addition to the picture at right, a close up where the writing is more legible can be found here.


Judicial Adventures
   I thought I'd highlight what we actually do on the ASUCD Supreme Court by posting a general summary of the last two meetings.

   Last week On the Succession of the Chief Justice )



   This Week Vice Chief Joe Harney was unable to be present so senior justice Tim Coady presided. We primarily discussed the first case of several that would make up the current scandal at Berkeley -- ASUC vs. Student Action Executive Slate. Basically it regarded whether or not chalking done before voting started that remained near polling locations on election day despite the Elections Chair having advised all candidates they needed to remove the chalkings could be considered "active and knowing campaigning."
   So first I read them the relevant ASUC Berkeley bylaws and the evidence, and we discussed it. Then I read them the most relevant quotations from the plaintiff / defendant arguments (I particularly liked "[Defendant] Mr. Vakil states that “the act of chalking, which is the action of campaigning via chalking (the transfer of potential energy into kinetic energy with the intent of garnering votes) occurs at the time the chalk is transferred to the pavement.") and we discussed it further. Then I read the largest concurring opinion (basically the Berkeley Opinion consisted of a short general part they all agreed on, and then every justice was part of a different concurring opinion) and we discussed our thoughts on their findings. As the whole thing was rather complicated (as evidenced by the disagreement among the ASUC Berkeley justices) we didn't vote on a final conclusion.
   Altogether I think we all found the exercise very useful and look forward, time permitting, to going over previous cases of our own or other such things in the future.

aggienaut: (WTF)

   At our Court meeting last Tuesday I was giving a history lesson on the follies of "The Reverend" Tiqula "My Friends Call Me Half-Man Half-Amazing" Bledsoe. When I happened to mention that I too am a reverend, since the Universal Life Church will ordain anyone, several other Court members immediately went to the website (we had multiple laptops present, since we're a particularly advanced body) and got ordained during our meeting. I think we're going to form our own church.


   Anyway, the Administrative Office (SGAO) does not yet have the minutes from the IAC meeting last week where Kai-romwell made the original presentation on how ASUCD doesn't need a Court. But thats okay, because I have the minutes anway.
   The relevant portion is only a page, I shall reproduce it here, with my own commentary in bracketed nonitallics.

IAC Minutes, 06-05-15
You're never alone when minutes are being taken )



   And I still think it was a serious breach of good faith that Kai came to IAC with the intention of making this presentation without notifying the Court.

   Round III will take place at the IAC meeting next week, on Tuesday, 5pm, De Carli Room. Should be interesting to all those interested in ASUCD, law, or philosophy...


Director of External Affairs James Schwab reads the IAC minutes during a Court meeting.
He thinks they're kind of ridiculous.
Justice Harney holds a copy of the Federalist Papers in the foreground.
And thats newly appointed Justice Kevin Powers on the left.

aggienaut: (asucd)

ASUCD: Not a Government?
   So I went to the ASUCD Internal Affairs Commission meeting yesterday, to counteract the arguments made last week about how ASUCD does not need a Court.
   It is unclear whether the discussion last week was pre-planned, or just kind of happened. IAC commissioners first said "we were just kind of getting ideas out there to see how we felt about it and then we were going to talk to you if we wanted to do something," implying a planned discussion, but later other commissioners said it just randomly came up and bristled at the implication that they couldn't randomly bring up whatever they want. The minutes are unclear, since they indicate a jump from talking about something completely different to an in depth discussion about why we don't need a court with no transition at all.

   Commissioners insisted at length there was no room for a Court in a "business model," I tried to point out that it says in the first article of the ASUCD Constitution, and in the ASUCD Administrative plan, that ASUCD is explicitly not a business, but the commissioners didn't seem to be very open to seeing ASUCD as anything but a business... and businesses don't have Courts.

   I was also asked "how non-elected officials can serve this purpose." Honestly I wasn't at all prepared for such a complete lack of understanding of the American government system. Next week we are going to be prepared with choice quotes from the Federalist Papers.

   There were also some choice quotes in last week's minutes, such as "I have no respect for their legal opinions" (coming from "The Goodly Kai" himself I think). I'm going to try to get my hands on a copy of those minutes for more in depth review here.

   Next week its Round III at IAC, 5pm Monday in the MU Garrison Rm. Should make for an interesting debate about the very nature of ASUCD.


UCDMUNC 2006
   This weekend we hosted the UCD MUN Conference. I chaired Special Political & Decolonization Committee (SPD), discussing Chechnya & the Spratley Islands. I forgot my camera the first day, so I only got pictures of the clean-up afterwords.


Picture of the Day


Davis City Council candidate Rob Roy speaks during the ASUCD candidates forum. ASUCD president Darnell Holloway looks attentive while actually listening to his Ipod.

   I recently pulled some 99 pictures off my camera (all from the last week!), so there's a bunch on flickr already and will be more going up in the coming days as I get a chance to get around to them.


Previously on Emosnail - (Spotlight on Two Years Ago)
'The Best Week Ever,' the Shins Show, & UCDMUNC 2004... )

aggienaut: (Default)

   So The Aggie told me that they were just waiting for me to explain the case at Senate before they covered it. I explained the case at Senate last Thursday. Today the Aggie article on that Senate meeting ran (which I can't link to at the moment because the Aggie webpage won't load). The article talks at length about recent unusual expenditures of $1,500+ for speakers and seperate graduation ceremonies for various ethnic groups, but only at the very end mentions "also they discussed the constitutional amendment and some resolutions." Clumping the resolutions together as "some resolutions" may be forgivable, but I would think a constitutional amendment is worth at least reporting the general subject.
   And of course, there was no mention at all of the Court case. I'm not sure this Court case has gotten a single mention in the Aggie ever. Justice dies in silence. Darth Lloyd surely loves the Aggie.


   Man I hate Mondays, I'm on campus from 8am to 11pm, with two two hour breaks.


   I'm trying desperately to figure out how to play movies on my computer so I can review them at ease while writing my papers for The Dark Ages in Film class (HIS121A). I've tried downloading several different things on various people's suggestion but no luck. Any recommendations?

Picture of the Day


Kristy chillaxes with Daisy, my grandparents-in-law (aunt's parents)'s dog



   My birthday is coming up on the 14th of May. I hadn't really even been thinking about it at all until Kristy reminded me today.


The PAXMUN Gossip Column
   At the AMPAC conference, there was a delegate who arrived while the rest of her school bailed, thus leaving her without a place to stay. Her name was Alezandra, and some of the staff took her in. This led to others among the staff to claim this was a violation of the "no fraternization rule." Others pointed out that the only thing the No Fraternization rule actually said was "keep the snake in the cage" (literally, thats how it reads). The anti-Alezandra faction went so far as to put a note up on the door to our HQ room in the executive suite that read "if you weren't on staff at the beginning of this conference stay the fuck out!!" Harsh. I was further irritated by the hypocracy inherent in the fact that another "staffer" was a "mole" -- but really he was just a delegate in a committee, termed a "mole" to bolster the claim he was on staff and could hang out with us. As a "mole" he never gave us any inside information on what the delegates were up to, and furthermore the "mole" position is not even hinted at in the rules, so I don't see how it can be an exception to the "no fraternization" rule (not that anyone was trying to snake him).
   Anyway then Mark Edwards, Secretary-General of the PAXMUN series of smaller conferences called CalMUN, and of our San Diego HS conference, showed up. He proceeded to act very interested in hanging out with Alezandra, further alarming the antifraternizationalists. Alezandra was taken on as actual staff under Mark for the SDHS conference though.
   I bring this all up now by way of prologue, to introduce the fact that Mark & Alezandra continued to "fraternize" at SDHSMUN, where it was all on the up and up since they were both staff. They have now been dating for two weeks.

aggienaut: (snail piracy)

   So on Thursday afternoon I parked at the end of Oak St --since it is the closest free parking (after five) to the Memorial Union, at a distance of about a furlong)-- to go to Senate & give them the recent case opinion.
   I'm taking Intro to Public Speaking right now. People think its tedious to make a speech on some topic of their choosing to 20 or so people in the discussion group? Well try addressing a room full of Senators & other officers on a subject that (A) is kind of tedious to explain, & (B) is something they disagree with. Not that I stressed about it, I'm used to the senate, but it was a bit awkward that I was basically telling a room full of people that they were wrong on several important points.
   Anyway, I thought the issue was pretty clear when you got down to it, but some such as former senator Darth Lloyd say "to say that i disagree is an understatement my friend," so I've been meaning to once more try to lay out the issues in easily understandable terms. (see below)

   After Senate I was to play intertube waterpolo with Lyrakeet & others, so I left as local legislation enthusiast Brent Laabs was giving a presentation about why we should secede from the union University of California Student Association (UCSA) ("Their charter says 'Student Association,' but their webpage and a number of other documents say 'students association' -- it appears they don't even know their own name").
   Next I needed to get my swimtrunks which I thought were at Kristy's place in The Colleges, about four furlongs across campus -- I could drive there to have my car with me, but since there's only ten "guest" spots for the several hundred people that live there, the odds of getting one are slim and the closest free parking spot would probably still be Oak. So I walked over there.
   Only, they weren't there! I was supposed to be at the pool in fifteen minutes, yet I was half a mile from my car and it was hot and I wear wearing a suit & tie! )=
   Lyric & Kim picked me up and we made a mad dash to my place for my togs and back to the pool.... but the other team hadn't shown up anyway so it was all for nothing.

   Friday morning I toured McGeorge Law School with Φ A Δ, and then that evening Kritsy & I went to see the Yeah Yeah Yeahs at The Warfield in SF.
   I'd never been to the Warfield before. It was pretty awesome. Looked like an Opera-house or something. Kitten-princess & I were only four rows back from the front of the balcony, which means we had an excellent view -- though Krispy Kritter would have liked to prance about on the floor.

   This morning I took a mock LSAT over at the UCD law school (BTW, I mentioned a bit ago that Sara Henry was running for president of the Law Student Assn -- well she lost). Before and after this I made an appearance at the dry run Davis MUN was doing for the upcoming conference we put on here. I started to take the "UberCAT" test (CAT = Chair Aptitude Test, but really it was megalomaniacally backronymed to be named after SG Catherine, who created them)to test out of chair training but then I had to leave for the Mock LSAT.


Picture of the Day


Bailey & Kristy slumber




Van Schoelandt v. ASUCD Senate
   Since its long and tedious to explain it in any more understandable terms than it already is in the opinion, I think I might address specific parts of the case in different entries. For now, an outline of the arguments:
   Of course the case regards a closed session that occured on 01/12/06 in the midst of a constitutional crisis. No reason for the closed session was announced, but after it was over the Senate had a Bill written to retroactively change the requirements for Senate office. The codes state that notification in various forms is to be given for closed sessions, and that these sessions can only be called for specificly listed reasons.
(1) Defence asserts the session was called as a "personnel matter." Does it fulfill the requirements for a personnel session?: (A) can a personnel closed session be called "in general" about nothing (and no one) specific? (B) Can Senators-elect be considered subject personnel? (Can the outcome of an election be considered a "Personnel Matter?")
(2) (A) Can a personnel closed session be called on people without their knowledge? (B) Can a personnel closed session be called without notifying the public?
(3) How can this situation be remedied in light of the potential privacy concerns of hypothetical subject parties who may hypothetically have been discussed?

   Once you are familiar with the discussion of these subjects, I believe you, like me, will be completely at a loss as to on what grounds Lloyd completely disagrees.


Current Music: I dedicate the song Hefner - To Hide a Little Thought to the Closed Session of 01/12/06 and everything that ensued. (= Dl it while its hot!

Previously on Emosnail
   Two Years Ago Last Wednesday:
Getting Shafted By Airport Security - A chair my first PAXMUN conference down in San Diego. Mara talked me into it. This girl Swati was in my committee, two years later she's introduced to PAXMUN as a staffer for the San Diego conference 2006.
   Two Years Ago Yesterday: Day Before the Pixies Show - Which was followed by the day OF the Pixies day, incidently, which was a lot more exciting.

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