Waco Judge Orders Feds To Fess Up

February 12, 2016

All Posts, News

Waco Judge Orders Feds To Fess Up

The Twin Peaks Massacre case just got a lot more focused.

Ruling from the bench, District Judge Matt Johnson ordered the state of Texas “to reveal the identity of confidential informants and undercover law enforcement officials who were either present at Twin Peaks restaurant in Waco, Texas on May 17, 2015 or who were material witnesses related to the incident that took place.”

The order includes the discovery of the identities “of confidential informants used in connection with ‘Operation Texas Rocker’ that were present at or who had material information regarding the Twin Peaks incident.” The information should be turned over to Dallas defense attorney Clint Broden.

Texas Rocker

Operation Texas Rocker, announced on January 6, was a “joint investigation by the DEA, the FBI, the Texas Department of Public Safety and the U.S. Attorney’s Office” that accused three national officers of the Bandidos Motorcycle Club of declaring they were “at war” with the Cossacks Motorcycle Club. The point of the “war,” according to the indictment, was to get “‘that Texas rocker back,’ referencing the ‘Texas’ bottom rocker worn by Cossacks OMO members without Bandidos OMO permission.” The federal racketeering indictment of Jeffrey Fay Pike, John Xavier Portillo and Justin Cole Forster describes the two clubs as the “Bandidos Outlaw Motorcycle Organization” and the “Cossacks Outlaw Motorcycle Organization.”

The indictment accuses the “Bandidos OMO,” of “Preserving, protecting and enhancing the power, territory, reputation and profits of the enterprise through the use of intimidation, violence, threats of violence, assaults, murder, attempted murder and robbery against rival motorcycle organizations.” The indictment glaringly omits any mention of the spectacularly violent brawl involving Cossacks, Bandidos and members of 21 other motorcycle clubs at the Twin Peaks restaurant in Waco last May.

Broden represents Scimitar Motorcycle Club member Matt Clendennen who was arrested, indicted and must now defend himself against the accusation that he conspired to kill and assault the nine dead and score of wounded who were victims of the Twin Peaks Massacre. One hundred and six people have been indicted in the case.

Any Witness

Broden’s discovery motion, granted by Judge Johnson today, seeks to discover the identity of :

“Any witness, whether present at Twin Peaks on May 17, 2015 or not, who might testify that law enforcement officials encouraged the violence at Twin Peaks in order to support its ‘Operation Texas Rocker.’”

“Any witness, whether present at Twin Peaks on May 17, 2015 or not, who could testify that not all members of the Cossacks Motorcycle Club or its support clubs were told that the Bandidos Motorcycle Club would be present at Twin Peaks on May 17,2015.”

“Any witness, whether present at Twin Peaks on May 17, 2015 or not, who could testify that one or more members of the Cossacks Motorcycle Club or its support clubs were told that the May 17,2015 (event) was a ‘peace offering’ meeting.”

“Any witness, whether present at Twin Peaks on May 17, 2015 or not, who could testify that one or more members of the Cossack Motorcycle Club or its support clubs were told that the May 17, 2015 was merely a ‘Funday Sunday’ outing.”

The motion granted today stipulates “that the above requests relate to any informants known to the ‘prosecutorial team”’or to whom the ‘prosecutorial team’ had access.”

That “‘prosecutorial team’ includes, but may not be limited to: McLennan County District Attorney’s Office; McLennan County Sheriff’s Department; Waco Police Department; Lorena Police Department; Texas Department of Public Safety; Texas Alcohol & Beverage Commission; Texas Parks & Wildlife Department; United States Drug Enforcement Agency; Federal Bureau of Investigation” and the “United States Attorney’s Office for the Western District of Texas.”

In the same session today, Judge Johnson postponed Clendennen’s trial, which had been scheduled to begin on February 29, and scheduled a hearing for April 1 that will determine whether Clendennen can get a fair trial in Waco or if his trial must be relocated.

Broden, who has been restrained by Judge Johnson from discussing the case with the press, declined to comment on today’s rulings.


43 Responses to “Waco Judge Orders Feds To Fess Up”

  1. Ted Unlis Says:


    Hate to break the news to you Rebel, but you’re sadly mistaken in your legal interpretation that Judge Johnson ordered the identities of all UC Officers and CI’s involved in Operation Rocker released to Broden, only info specific to the Twin Peaks murders was turned over to Judge Johnson who will review that info alone in his chambers, the legal term for such a review is “In Camera” which is quite common in high stakes narcotics trafficking and organized crime cases where the defendants and their lawyers are desperate to find out the identity of “rats”. Judge Johnson will review the information and unless it’s specific and relevant to the Organized Crime/Murder case going to trial in the McClennan County District Court, the identities will remain sealed. No Court will force revealing the identity of CI’s without compelling reasons and it’s very unlikely that will happen in the Twin Peaks murders case. Judge Johnson does not have the authority to order a Federal Court to unseal information in a separate Federal prosecution and he made no such attempt.


    Once again, a motion by defense attorney Clint Broden comes up short. Judge Johnson postponed the trial because that was the only reasonable option for the Court in this massive Engaging in Organized Crime/Murder case which with nearly two hundred defendants and well over a thousand items of evidence is unprecedented in Texas criminal justice history.

    Broden and the rest of the defense attorneys gave it their best shot to force a trial before the evidence came back from the lab, which would have given their clients at least a chance to beat the rap on a dismissal with prejudice or maybe even an outright acquittal, but that didn’t happen and chances of any appellate court overturning Judge Johnson’s decision and finding the delay reasonable are slim and none. The chances of success for Broden’s motion requesting a change of venue aren’t much better.

  2. xplor Says:

    law enforcement is reluctant to turn over the names of undercover police officers and  confidential informants they have had trouble with Abel Reyna  before. Here comes the stall.

  3. Beaner Says:

    Maybe, this will speed up the process of getting the innocent people caught up in this dragnet home to their families, and jobs sooner. Hopefully soon the lawsuits will be slowly frying the Waco “criminal justice” system to straighten up and start flying right, by exposing this civil rights, and criminal fiasco they perpetrated on nearly 200 innocent people. And most of all, i hope it helps citizens to WAKE UP, and fight back on the Waco Gestapo style justice

    Peace out!

  4. Rebel Says:

    Dear Ted Unlis,

    I stand by the story.


  5. RtC Says:

    FUCK YA TED! And the rest of your Urine Odor bitches!

  6. old & stoned Says:

    i get the impression unlisted is more caught up in his imaginings that in reading comprehension.

    i’m sure Broden has knowledge of what he intends to prove they’re hiding.

  7. david Says:

    @ Ted Unlis, Conflict Of Interest Johnson did not “postpone” the “trial” for ANY “resonable” reason for the following substantive lawfull reasons.

    1)Matt’s Sixth Amendment secured speedy trial right has been, and continues to be, unconstitutionally violated by the Kangaroo Court.

    2)Matt’s secured right to a speedy trial SUPERCEDES any and all prosecutorial attempts to obtain evidence.

    3)Burden of proof to convict BEYOND any reasonable doubt, is squarely upon Un-Abel Reyna. Matt has NO burden to prove his non-guilt.

    4)No Texas appellate court in compliance with the Rule Of Law, Bill Of Rights(U.S. Consti.,1787),will rule against Matt if he moves the Kangaroo Court to Dismiss for Violation of his secured right to a speedy trial.

    5)Evidenceless Reyna admitted his scramble for evidence to convict, may not be available for up to a YEAR.

    6)The persecution, not the defense, asked for the continuance to obtain persecutorial evidence, prima facie evidence Reyna did not have, still does not have, and may never have, any evidence to convict, in VIOLATION of Matt’s secured speedy trial right.

    Actually Ted, distraction from substantive secured inalienable rights VIOLATIONS does not work in your stated opinion.

  8. Carey Bilyeu Says:

    Today’s ruling begins the unraveling of Un-Abel Reyna’ and the State of Texas’ plan to try to use RICO against these or any other MC Club. Anyone suggesting otherwise is simply not very wise to the legal process in the US. No CI or UC names will be revealed, therein necessitating the need to drop all charges against these innocent people! This is turning into the biggest legal fiasco in Texas history! What’s unfortunate is it is getting little coverage nowadays with the media other than the Waco Tribune! Once the lawsuits against all these LE organizations start flooding in and the residents of Waco and McClennan County start seeing the cost of the real story and potential payouts, it’s a wonder that Un-Abel Reyna won’t be run the fuck out of town!

  9. Drama Says:

    First of all everyone should flood the comment section of the trib on this article because Reyna had Ben waiting for us to go away. He doesn’t know us very well. And second I see all 8 motions filed as appeal reasons. But Reyna isn’t looking that far in the future. He ain’t even looking into the next 3 months when we start filing a butt load of lawsiuits. Just my opinion. Thanks Rebel for staying on this since May we. Appreciate it.

  10. Phuquehed Says:

    Hey Ted…go fuck off and test the warning label on a plastic bag, you fucking idiot. Your moronic whinings aren’t going to get you any 15 minutes of fame here, *boy*.

  11. FF Says:

    It’s nice to know the agent provocateurs/snitches won’t be getting any sleep tonight, but what I really would like to see is an indictment of the all the pigs who murdered 9 men, and attempted to murder 18 more.

    Thanks again, Rebel.

  12. Whobe Says:

    Hey, Ted.



    P.S. Tell your mother I said HI.

  13. Paula Carroll Swann Says:

    As of Broden request of listing all agencies involved of discovery of the said undercover whom Detective Rogers refer’s to of having prior knowledge that trouble was in the making. As of being said they conspiring to commit. As listed by detective Rogers of Lorana as this was of the listed in the court doc’s as of March 22, 2015..Following as of March 28th when all LE believed retaliation was about to take place (as they was wrong ) along with all listed in reference to Bike Night as nothing happened other than 1 guy was waiting for a friend to arrive at the fabric store parking lot.

  14. IronRider Says:

    Ted most media will run Law Enforcement’s narrative of events that Law Enforcement PR flacks tell them, it was and has been this way since the mess Twin Peaks became that very day.

    Do you really believe that Broden is going to take a ruling’s on motions that Johnson denied and that will be the end of it? Of course Broden won’t. No one on the other side expects Johnson to grant all or even some of what Broden has asked for in motions before the court.

    You seem to be under the impression that with a story that went nation wide and even internationally and the version of events that Law Enforcement put forth and continued to put forth that day in Waco that the defendants will get a fair trial. Either you just came back from Fantasy Island or your just plain naive to think that Broden and fellow defendants counsel will just roll over and be just fine with their clients getting a fair shake in Waco if a Trial takes place.

    There is more than enough for the defendants and their counsels to show an appellate court why moving the case out of Waco elsewhere will be needed and given the circumstances and publicity surrounding the cases the courts would be hard pressed to not give defense motions serious consideration.

    Reyna and Johnson’s connections and past are well known and those will be points that the defendants counsels will be sure to bring up along with the violations of constituional rights and civil rights of the defendants since this fiasco began.

    Ted you can spin the narrative you want, any way you want it sure doesnt mean any of us have to take what your narrative is and believe it like it came from Jesus himself. There are going to be many many issues raised in the court with how this case was handled by law enforcement. Disclosure failures, the sweeping gag order, telling defendants counsel they will only allow them to see disclosure under a gag order civil rights violation, constituional rights violations etc etc etc

    These cases and those involved in them will drag on and on and appeals will be filed as will civil suits. There is more than enough evidence and ruling that have come down by Johnson and Reyna’s actions and direction of these cases that will be effecting future cases down the road due to Law Enforcement’s efforts to control the narrative since these cases began.

    Defendants still have constituional and civil rights and violations of those rights and defendants counsel to a fair trial and disclosure of evidence are all going to be problematic for Reyna and company in how these cases have been handled by them.

    So say hello to Mr.Rourke & Tattoo for me, and give us a call when you get back from Fantasy Island Ted, cause that about the only place where your version of events seem to be believeable

  15. Rd2 Says:

    Does anyone know if there was a ruling on these requests?

    BRADY v. MARYLAND, 373 U.S. 83 (1963) 1

    B. Records and communications of arrangements made by law
    enforcement and/or prosecutors prior to 11:30 am on May 17,
    2015 for the detention and incarceration of more arrestees than the
    McLennan County Jail could hold without violating jail standard

    C. Records of drafts, notes and or instructions for and final
    copies of press releases by law enforcement and/or prosecutors
    about the arrests of the motorcyclists on May 17, 2015 prepared
    prior to 11:30 am May 17, 2015.

  16. T Hell Says:

    As much of an Ahole as Ted comes off as here it’s important to note Ted is LE, and what he says is critical in understanding what is truly wrong with the pigs today. Ted does not give two shits for the rules or the constitution, just as with most LEOs today he thinks the law is what he and his brethren say it is. Ted knows the cases should be tried outside of Waco and ”ALL” the evidence should be released for true justice to be served, but to them it’s not about justice only convictions. Is it any wonder that cops are getting shot on a daily basis these days? Ted you and your ilk have seen to it that “to serve and protect” has metamorphosized to “it’s us against them”.

  17. Rebel Says:

    Dear T Hell,

    I am fairly certain that the commenter with the handle Ted Unlis hasn’t yet actually figured out what is going on with Broden’s motion or what its implications are. I will say this. The federalization of local and state police forces is a two way street. What has been going on for almost seven years (coincidentally since I started writing about Operation Black Rain and all the information was just laying there, not hidden at all, because nobody had ever looked for it before) is that the feds have been using state and local police forces as stalking horses. The main reason for doing this is make it harder for journalists and lawyers in state courts to get information.

    Two words for you Ted Unlis, and also for any of the defense attorneys in this case who actually give a damn about their clients: Fusion Center. Is that a state or federal entity, Ted? Riddle me that. Say it with me. “Few-shun sen-tur.”


  18. Rebel Says:

    Dear Rd2,

    I am under the impression that Judge Johnson found all the discovery motions reasonable. I don’t know for sure because I wasn’t there and Johnson ruled from the bench, not in writing.


  19. T Hell Says:

    What I’ve always found most curious is the following statement from Homeland security regarding the fusion game:”Fusion centers are owned and operated by state and local entities with support from federal partners in the form of deployed personnel, training, technical assistance, exercise support, security clearances, connectivity to federal systems, technology, and grant funding.”

    Operated by the state with the exception of deployed personnel, training, technical assistance, exercise support, security clearances, connectivity to federal systems, technology, and grant funding….. what the hell is the actual local and state role? “Janitorial and building maintenance”?

    Long may you write (for those that deserve to)

  20. Drifter Says:

    Ted, the Constitution called and quoted a line from Harry Nilsson’s “You’re Breaking My heart” tune for you.

    “You’re breaking my heart, you’re tearing apart so fuck you.”

    Respects to the cool ones…

  21. XYZ Says:

    What UnlisTed and other LE apologists (compensated or otherwise) fail to appreciate is that in addition to those killed, paralyzed, wrongfully arrested, held on illegally high bonds, and who are now being prosecuted in court(s) where at minimum there is the appearance of impropriety and bias, there are other victims to the predictable and possibly intentionally provoked violence that day.

    Some of those victims are extraordinarily wealthy, and have hired the best lawyers. Those lawyers are aggressively seeking answers. One assumes they’ve hired the best investigators, e-discovery companies, jury consultants, etc. It’s my belief lawyers of this caliber, especially in a high profile matter like this one, don’t shoot from the hip. If they’ve motioned to designate law enforcement as a responsible third party, then there is likely a damn good and compelling reason for it.

    These other victims have a right to precise and complete answers as to how and why their businesses and employees and customers were caught up in a shootout involving a platoon of pre-positioned covert militarized law enforcement.

    All the sworn testimony I’ve come across thus far suggests initial reports which placed fault on Twin Peaks were at minimum inaccurate and manifestly untruthful. I don’t find where there has been any meaningful effort to clarify or correct those initial reports.

    Contrary to reports that LE requested Twin Peaks to cancel the event, instead, it is now clear communications between Twin Peaks and LE (immediately before the incident) consisted of simple inquiries about who rented the space, the estimated number of attendees, and whether there would be extra security, and that LE planned to have three UCs inside.

    Only a fool would believe a business would host an event if fully informed LE was so concerned violence would occur LE planned to pre-position dozens of machine gun wielding officers in its parking lot.

    f course the employees and customers (including most of the bikers) had no say so in the matter at all. Any who suffered under the illusion LE would not knowingly put them (and their children) in harm’s way to advance an investigation are now educated otherwise.

    So, not only was this was a pre-planned event, it seems likely provoked. The extent of pre-planning, calculation of risks, and provocation can only be fully discovered by deposing everyone involved, including undercover agents and confidential informants.

    Broden’s motions are right on the money. As are the motions by the Twin Peaks attorneys. People like UnlisTed need to step outside their gonzo LE mindset, and acknowledge and accept it was foolish and negligent for LE to take these risks. The proof is in the pudding.

    I agree with the former Waco PD Vice/Narcotics Officer/McLennan County DA Investigator/Current candidate for McLennan County Sheriff, who states –

    “I think any police officer worth his badge will tell you that this never should have happened. It should have been defused, it should have been stopped.”

  22. Meh Says:

    The breastaurant owners sustained major financial losses and damage to reputation.

    They have every right to be made whole for that damage if they can prove the fight was a setup or other negligence.

    Boys will be boys, including killing each other over whatever they think fit, but LEO have zero business risking non-participant third parties be they bikers or breastaurant owners or civilian bystanders. Smearing innocent people is out of bounds but the pigs seem determined to fling unsupportable nonsense over a wide radius.

    If defense lawyers unearth a planted provocateur, can the plant be offered immunity to testify against his handlers and who would have authority to negotiate that since all the LE agencies are against the bikers?

  23. Meh Says:

    Speaking of judges, SC Justice Scalia just croaked.
    And nothing of value was lost.

  24. Austin Says:

    @Drifter – *laughing* My favorite song!! Love that.
    @XYZ – I agree with all of your post – and your assessment. Well put.

    I believe the tide of accountability is rising for all these so-called enforcers. Let the Baca case help show all those Texans- The Way, and let them do everything Bigger and Better, as they prefer.

    I am so glad the Feds only killed one of the Oregon bunch.

  25. Brad Milch Says:

    The paid snitches aren’t the only discovery the D.A. has been holding out on releasing to the defense. Somewhere under the mountain of empty raspa cups & half-eaten burrito plates on Reyna’s desk should be transcripts of electronic communications between the biker meeting attendees at Twin Peaks intercepted by bacon with fancy, expensive electronic snooping gadgets (reference one of Rebel’s stories a couple months back on the subject. That plus what bacon pulled off the bikers from their cellphones & laptops (if any)that were seized.

    How Reyna & crew intend to explain to a jury or juries how close to 200 people that traveled to Twin Peaks from multi directions & miles all knew a deadly rumble was going to take place should make good court drama IMHO. Is Reyna going to tell us they whispered in each other’s ears, passed little notes around & used hand signals to get the word out that select bikers were going down if he can’t produce any text messages or emails from the snooped on/confiscated biker communication devices? Receiving Valentines Day cards is probably out: the massacre was orchestrated well after Valentine’s Day & I’ve never seen a biker in public with one on person or their wheels.

    I’m also wondering how Mr. Broden will be able to fact check the discovery he gets from bacon informers that did their deeds for bacon in exchange for cash. How reliable are rats the second time around? Will Mr. Brodin be forced to resort to additional rats to fact check the original LEO’s rat’s droppings? How big are Texas LEO rats’ balls anyway: would Texas LEO rats try to deceive a Texas Judge in this affair?

  26. David Says:

    Waco should be sued for a billion dollars for what they have done. You can’t arrest and indict someone simply for being in a location where a crime has been committed. And it is likely it was the Waco police who did most of the killing that day.

  27. Meh Says:

    Austin posted
    “I am so glad the Feds only killed one of the Oregon bunch.”

    Agreed, but the Oregon bunch are the classic example of how not to do protest and anyone contemplating political activism should study what works and what doesn’t. Those idiots did everything wrong because they wanted to do it “their way” and utterly failed to think it through.
    The “welfare rancher” class can and have funded effective lawyers before but the Oregon protesters set their own movement back considerably. It was basically a “stupid white guy chimpout”.

    It doesn’t matter if your cause is just when you fuck it up. Fortunately bikers already know to get effective legal counsel and are way ahead of the Bundys who are pretty much religious loons and none of the occupiers bothers to refine their message. Effective revolutionaries THINK first.

    Biker lawfare has a lot to teach other groups and I expect some Waco-related decisions will be famous.

  28. rollinnorth Says:

    You do know that it was because of Justice Scalia that the absurdity of the Government only having to meet the lowest standard of proof for facts upon which your sentence was based, was changed? Until Justice Scalia’s reasoning prevailed, the facts used to determine the length of your sentence only had to be proven by a preponderance of the evidence, even though your guilt had to be proved beyond a reasonable doubt. That change in Federal Sentencing has been of value to many imprisoned by the Government.


  29. Troll1% Says:

    @ david feds got this thing that wipes out “speedy trial” . it’s called interest of justice .voids all else with regard to the persecuted’s rights. I jknow ,just happened to me . Troll 1%

  30. Nobody Important Says:

    As far as the possible existance of various electronic communications between defendants, I’m sure the prosecution (with help from the Fed) will be able to ‘find’ what they need. Fabrication of data trails when you have physical possession of the device isn’t that hard.

  31. Meh Says:

    Interesting that Scalia actually made a good decision. If one of the GOP fanatics appoints the next justice I’ll expect hard times for civil liberties. This bunch aren’t the moderates of yore.

  32. Hypo Says:

    Wouldn’t it be interesting if some of the deceased are undercover FBI.
    Lack of communication between Feds and local sniper teams could have been a contribution to the possibility.

  33. Moses Says:

    Must be a fusion center in New York City. Does anybody remember hearing about the cops having snipers stationed of roofs at the NYC New Years Eve Celebration?

  34. oldskewl Says:

    The fact Unlisted was the first poster in this thread tells you the Feds have this site and every post within it on high alert. You can bet your sweet ass they have a task bar or some software that lets them know everything Rebel has typed and I wouldn’t doubt if they knew it before he even put it up.

    Fuck the Feds and their BS.


  35. XYZ Says:

    “The fact Unlisted was the first poster in this thread tells you the Feds have this site and every post within it on high alert.”

    It would not surprise me. Although I suspect UnlisTed is just a retired ex-something or other. He’s posted at the beginning, middle, and end since I’ve been here.

    When I post, I always try to consider the audience, and assume some are LE, and that some are actually “peace officers”.

    Some old-school LE do seem to get it –

    “I think any police officer worth his badge will tell you that this never should have happened. It should have been defused, it should have been stopped.”

  36. Just SomeGuy Says:

    I check on this story at least once a week, I’m not even a biker but this site keeps up on the situation. Kudos to you Rebel. I’m still wondering how people are charged with murder yet they can’t (or won’t) tell us how many killed were by LEO’s. The logic doesn’t add up, it shows the sad state of Americans and their lack of balls. People should be in the streets of Waco pissed off and demanding the truth, not supporting LEO’s hiding behind the badges and under the judges robe. God knows what they’re doing under there.

  37. Aries Says:

    Hey Meh, nobody wants to hear your political decisive bs in a forum talking about an issue that should unite us … an issue where law enforcement murdered our fellow bikers … typical liberal bullshit

  38. Aries Says:

    DEVISIVE BS …. lol …in no way decisive ….. fucking auto correct …

  39. ChasRA Says:

    Man, this shit is gonna drag out for years.

    PS – Ted, go fuck yourself

    Have a nice day

  40. Ol'Goat Says:

    so many trusting souls believe ATTORNeys’ ultimate allegiance can be to their client. It can not. Those who have accepted A license to practice law owe their ultimate allegiance to the court. Read the oaths.

  41. david Says:

    @ Ol’Goat, true, since an attorney is first an officer of the court, any attorneys’ ULTIMATE loyalty is to the court, not his paying client.

    ALSO, all personal rights possessed by any flesh and blood person can ONLY be asserted and claimed by the person him or herself, not by any attorney or any other representative.

    U.S. v Johnson (Sp.Ct), ” The privilege against self-incrimination is neither accorded to the passive resistant, nor the person ignorant of his rights, nor to the one indifferent therein. It is a FIGHTING clause. Its benefits can be sustained ONLY by sustained combat. It CANNOT be claimed by attorney or solicitor. It is VALID ONLY when insisted upon by a belligerent claimant in PERSON.”

    Factually, no attorney is able to assert, demand, or claim, any of your rights. Only you can, belligerently, and in person.


  1. Judge in Waco Orders Rats to be named to Defense – Twisted Throttle Lifestyle - February 13, 2016

    […] “Ruling from the bench, District Judge Matt Johnson ordered the state of Texas “to reveal the identity of confidential informants and undercover law enforcement officials who were either present at Twin Peaks restaurant in Waco, Texas on May 17, 2015 or who were material witnesses related to the incident that took place.” (Source Aging Rebel) […]

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