Case Detail

FOIA Project Annotation: A federal magistrate judge in California has ruled that the CIA properly invoked a Glomar response to neither confirm nor deny the existence of records concerning Jean Soetre under Exemption 3 (other statutes), but that it has not yet sufficiently justified the adequacy of its search for records pertaining to several other individuals allegedly linked to John F. Kennedy or Robert F. Kennedy's assassinations that were requested by Anthony Bothwell. Bothwell made two requests for named individuals. The agency indicated that it had searched its National Clandestine Service and the Directorate of Support and found no responsive records. The agency explained that it had also searched a database of records collected under the JFK Assassination Records Collection Act, but found no responsive records. Assessing the agency's description of its search, the magistrate judge noted that "it does not name the databases searched by the NCS and DS, nor does it provide a scheme of the database systems or any details of the final search strategy other than the use of names." While the agency claimed its database search would have located paper records as well, the magistrate judge pointed out that "what [the agency's affidavit] fails to explain, and what the CIA could not clarify at oral argument, is what exactly this 'CIA database' is. It is unclear if [the agency affidavit] is referring to the JFJK database, one of the databases within NCS or DS, or whether she is referring to an entirely new database that was not mentioned in [the] initial declaration." While the CIA had claimed Exemption 1 (national security) as well, the magistrate judge found its Glomar response was plainly justified under Exemption 3. The magistrate judge observed that "once no responsive documents were found in [the JFK Act] database, the CIA was justified in invoking its Glomar Response. The Court recognizes the profound public interest in learning about the Kennedy assassinations, but this does not 'override the CIA's ability to claim proper FOIA exemptions.'"
Issues: Determination - Glomar response, Adequacy - Search

FOIA Project Annotation: A federal court in California has ruled that the CIA has shown that it conducted an adequate search for records concerning several individuals related to the assassination of John F. Kennedy, but that because John Roselli's potential involvement in the JFK assassination was investigated by the Church Committee the agency was required to search its operational files for any records related to Roselli. Anthony Bothwell submitted two FOIA requests for records about identified individuals who allegedly had some role in the investigation of the Kennedy assassination. The agency said it had no responsive records on Roselli, David Morales, Thane Eugene Cesar, or Enrique Hernandez. The agency also said it would neither confirm nor deny the existence of records on Jean Souetre. In her prior decision, Magistrate Judge Jacqueline Scott Corley found that the agency had not provided sufficient information about the search and instructed the agency to provide a better explanation. This time around, Corley found the agency's explanation sufficient except for its failure to search its operational files on Roselli. She noted that "the description of the final search itself now names the databases that the [National Clandestine Service] and the [Directorate of Support] searched, provides an explanation of the agency's database systems more generally, both with respect to each directorate's electronic databases, and the agency-wide index of paper records, and explains away the earlier inconsistency regarding [whether the NCS searched for records about the named individuals or limited its search only to whether there was an unacknowledged affiliation with any of the individuals]." Corley rejected Bothwell's contention that the CIA had purposefully failed to indicate that it had not searched its operational files, pointing out that "the agency's position has been referenced throughout summary judgment briefings" and adding that "the Court does not glean from [the agency's statement that the CIA Information Act exempts operational files from FOIA disclosure obligations] that the CIA is somehow misleading either Bothwell or the Court." The agency argued that because Roselli was not a target of the Church Committee, the exception to the CIA Information Act requiring the agency to search operational files when an individual was subject to an acknowledged investigation did not apply. But Corley indicated the agency was reading the exception too narrowly. She observed that "documents regarding Roselli would have been key to the Church Committee's investigation of whether the CIA advised the Kennedy administration of its involvement with him." The CIA argued that "because a search of the JFK collections database [created under the JFK Assassination Records Collection Act] would be adequate to uncover relevant operational files, the CIA was under no separate obligation to start from scratch and begin a new search for assassination-related operational files as such an approach would be unreasonable." Corley pointed out that "Defendant argues that because Plaintiff believe such documents are relevant to the Kennedy assassination they should be in the in the database. Defendant's response is inadequate: the question is whether Defendant would have placed the responsive documents in the database, and it carefully makes no representation that it has done so or would have done so."
Issues: Search - Reasonableness of search

Date Filed	Doc #	Docket Text
2013-11-22	1	COMPLAINT; summons issued against John O. Brennan (Filing fee $ 400; Receipt No. 34611091568). Filed by Anthony P.X. Bothwell. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(slhS, COURT STAFF) (Filed on 11/22/2013) (Entered: 11/26/2013)
2013-11-22	2	ADR SCHEDULING ORDER: Case Management Statement due by 3/13/2014. Case Management Conference set for 3/20/2014 01:30 PM in Courtroom F, 15th Floor, San Francisco. (Attachments: # 1 Standing Order)(slhS, COURT STAFF) (Filed on 11/22/2013) (Entered: 11/26/2013)
2013-12-09	3	CLERK'S NOTICE Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge within 14 days of this notice. (Attachments: # 1 Consent/declination forms, # 2 Certificate of Service) (ahm, COURT STAFF) (Filed on 12/9/2013) (Entered: 12/09/2013)
2013-12-23	4	CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Anthony P.X. Bothwell. (ysS, COURT STAFF) (Filed on 12/23/2013) (Entered: 12/26/2013)
2013-12-23	5	CERTIFICATE OF SERVICE by Anthony P.X. Bothwell re 4 Consent/Declination to Proceed Before a US Magistrate Judge, 2 Initial Case Management Scheduling Order with ADR Deadlines, 1 Complaint, 3 Clerk's Notice re: Consent or Declination. (ysS, COURT STAFF) (Filed on 12/23/2013) (Entered: 12/26/2013)
2014-01-21	6	First MOTION to Dismiss filed by John O. Brennan. Motion Hearing set for 3/6/2014 09:00 AM in Courtroom F, 15th Floor, San Francisco before Magistrate Judge Jacqueline Scott Corley. Responses due by 2/4/2014. Replies due by 2/11/2014. (Attachments: # 1 Proposed Order)(Carradero, Victoria) (Filed on 1/21/2014) (Entered: 01/21/2014)
2014-01-22	7	CLERK'S NOTICE Re: Consent or Declination: Defendant shall file a consent or declination to proceed before a magistrate judge within 14 days of this notice. (ahm, COURT STAFF) (Filed on 1/22/2014) (Entered: 01/22/2014)
2014-01-22	8	CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by John O. Brennan.. (Carradero, Victoria) (Filed on 1/22/2014) (Entered: 01/22/2014)
2014-01-22	9	CERTIFICATE OF SERVICE by John O. Brennan re 6 First MOTION to Dismiss , 8 Consent/Declination to Proceed Before a US Magistrate Judge (Carradero, Victoria) (Filed on 1/22/2014) (Entered: 01/22/2014)
2014-01-28	10	RESPONSE (re 6 First MOTION to Dismiss) filed by Anthony P.X. Bothwell. (slhS, COURT STAFF) (Filed on 1/28/2014) (Entered: 01/29/2014)
2014-02-06	11	REPLY (re 6 First MOTION to Dismiss ) filed byJohn O. Brennan. (Attachments: # 1 Declaration of Carradero; Exhibit A, # 2 Certificate/Proof of Service)(Carradero, Victoria) (Filed on 2/6/2014) (Entered: 02/06/2014)
2014-03-04	12	CLERKS NOTICE vacating hearing. (Attachments: # 1 Certificate of Service) (ahm, COURT STAFF) (Filed on 3/4/2014) (Entered: 03/04/2014)
2014-03-06	13	ORDER by Magistrate Judge Jacqueline Scott Corley granting in part and denying in part 6 Motion to Dismiss (Attachments: # 1 Certificate of Service) (ahm, COURT STAFF) (Filed on 3/6/2014) (Entered: 03/06/2014)
2014-03-14	14	STIPULATION WITH PROPOSED ORDER To Continue Date For Defendant To Respond To Complaint, For Parties To File Joint CMC Statement, And CMC filed by Central Intelligence Agency. (Attachments: # 1 Certificate/Proof of Service)(Carradero, Victoria) (Filed on 3/14/2014) (Entered: 03/14/2014)
2014-03-17	15	ORDER by Magistrate Judge Jacqueline Scott Corley granting 14 Stipulation To Continue Date For Defendant To Respond To Complaint, For Parties To File Joint CMC Statement, And CMC (Attachments: # 1 Certificate of Service) (ahm, COURT STAFF) (Filed on 3/17/2014) (Entered: 03/17/2014)
2014-03-17		Set Deadlines/Hearings: Joint Case Management Statement due by 3/27/2014. Case Management Conference reset for 4/3/2014 01:30 PM in Courtroom F, 15th Floor, San Francisco. (ahm, COURT STAFF) (Filed on 3/17/2014) (Entered: 03/17/2014)
2014-03-27	16	STIPULATION WITH PROPOSED ORDER Letter to Court Re Delay in Submissioin of Joint Case Management Conference Statement and Stipulation and [Proposed] Order filed by John O. Brennan, Central Intelligence Agency. (Carradero, Victoria) (Filed on 3/27/2014) (Entered: 03/27/2014)
2014-03-27	17	ORDER by Magistrate Judge Jacqueline Scott Corley granting 16 Stipulation Re Delay in Submissioin of Joint Case Management Conference Statement and Stipulation (ahm, COURT STAFF) (Filed on 3/27/2014) (Entered: 03/27/2014)
2014-03-31	18	JOINT CASE MANAGEMENT STATEMENT filed by Central Intelligence Agency. (Attachments: # 1 Certificate/Proof of Service)(Carradero, Victoria) (Filed on 3/31/2014) (Entered: 03/31/2014)
2014-03-31	19	ANSWER to Complaint byCentral Intelligence Agency. (Attachments: # 1 Certificate/Proof of Service)(Carradero, Victoria) (Filed on 3/31/2014) (Entered: 03/31/2014)
2014-04-02	20	ORDER RE: CASE SCHEDULE. Signed by Judge Jacqueline Scott Corley on April 2, 2014. (jsclc1S, COURT STAFF) (Filed on 4/2/2014) (Additional attachment(s) added on 4/3/2014: # 1 Certificate of Service) (ahm, COURT STAFF). (Entered: 04/02/2014)
2014-04-09	21	Letter from Victoria R. Carradero re Clarification of Case Scheduling Order . (Carradero, Victoria) (Filed on 4/9/2014) (Entered: 04/09/2014)
2014-04-10	22	CLERKS NOTICE RE: BRIEFING SCHEDULE ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (Attachments: # 1 Certificate of Service) (ahm, COURT STAFF) (Filed on 4/10/2014) (Entered: 04/10/2014)
2014-05-02	23	STIPULATION WITH PROPOSED ORDER on stay filed by Central Intelligence Agency. (Carradero, Victoria) (Filed on 5/2/2014) (Entered: 05/02/2014)
2014-05-05	24	ORDER by Magistrate Judge Jacqueline Scott Corley granting 23 Stipulation on stay (Attachments: # 1 Certificate of Service) (ahm, COURT STAFF) (Filed on 5/5/2014) (Entered: 05/05/2014)
2014-05-05		Set Deadlines/Hearings: Joint Case Management Statement due by 7/3/2014. Case Management Conference set for 7/10/2014 01:30 PM in Courtroom F, 15th Floor, San Francisco. (ahm, COURT STAFF) (Filed on 5/5/2014) (Entered: 05/05/2014)
2014-05-22	25	NOTICE of Substitution of Counsel by Michelle Lo (Attachments: # 1 Certificate/Proof of Service)(Lo, Michelle) (Filed on 5/22/2014) (Entered: 05/22/2014)
2014-07-01	26	JOINT CASE MANAGEMENT STATEMENT and Proposed Order filed by John O. Brennan, Central Intelligence Agency. (Attachments: # 1 Certificate/Proof of Service)(Lo, Michelle) (Filed on 7/1/2014) (Entered: 07/01/2014)
2014-07-09	27	ORDER ADOPTING BRIEFING SCHEDULE AND VACATING CASE MANAGEMENT CONFERENCE re 26 Joint Case Management Statement.Defendant's motion for summary judgment due by 8/11/2014. Plaintiff's opposition due by 9/2/2014. Defendant's reply due by 9/16/2014. Defendant's Motion for Summary Judgment Hearing set for 10/2/2014 09:00 AM in Courtroom F, 15th Floor, San Francisco before Magistrate Judge Jacqueline Scott Corley.. Signed by Judge Jacqueline Scott Corley on 7/9/2014. (Attachments: # 1 Certificate/Proof of Service)(tlS, COURT STAFF) (Filed on 7/9/2014) (Entered: 07/09/2014)
2014-08-11	28	Defendant's Notice of Motion and MOTION for Summary Judgment filed by John O. Brennan, Central Intelligence Agency. Motion Hearing set for 10/2/2014 09:00 AM in Courtroom F, 15th Floor, San Francisco before Magistrate Judge Jacqueline Scott Corley. Responses due by 9/2/2014. Replies due by 9/16/2014. (Attachments: # 1 Declaration of Martha M. Lutz, # 2 Proposed Order, # 3 Certificate/Proof of Service)(Lo, Michelle) (Filed on 8/11/2014) Modified on 8/12/2014 (slhS, COURT STAFF). (Entered: 08/11/2014)
2014-09-02	29	RESPONSE (re 28 MOTION for Summary Judgment ) filed by Anthony P.X. Bothwell. (slhS, COURT STAFF) (Filed on 9/2/2014) (Entered: 09/03/2014)
2014-09-16	30	REPLY (re 28 MOTION for Summary Judgment ) in Further Support of Defendant's Motion for Summary Judgment filed byJohn O. Brennan, Central Intelligence Agency. (Attachments: # 1 Supplement Declaration of Martha M. Lutz in Support of Defendant's Motion for Summary Judgment, # 2 Certificate/Proof of Service)(Lo, Michelle) (Filed on 9/16/2014) (Entered: 09/16/2014)
2014-09-29	31	Additional Authorities filed by Anthony P.X. Bothwell. (slhS, COURT STAFF) (Filed on 9/29/2014) (Entered: 09/30/2014)
2014-10-01	32	RESPONSE to re 31 Memorandum in Support Response to Plaintiff's Filing of Additional Authorities may be Cited in Oral Argument by Central Intelligence Agency. (Attachments: # 1 Certificate/Proof of Service)(Lo, Michelle) (Filed on 10/1/2014) (Entered: 10/01/2014)
2014-10-02	33	Minute Entry: Motion Hearing held on 10/2/2014 before Magistrate Judge Jacqueline Scott Corley (Date Filed: 10/2/2014) re 28 MOTION for Summary Judgment filed by John O. Brennan, Central Intelligence Agency. (FTR Recording 9:06-9:31) (ahm, COURT STAFF) (Date Filed: 10/2/2014) (Entered: 10/02/2014)
2014-10-09	34	ORDER by Magistrate Judge Jacqueline Scott Corley granting in part and deferring judgment in part 28 Motion for Summary Judgment (ahm, COURT STAFF) (Filed on 10/9/2014) (Additional attachment(s) added on 10/9/2014: # 1 Certificate of Service) (ahm, COURT STAFF). (Entered: 10/09/2014)
2014-10-30	35	STIPULATION WITH PROPOSED ORDER re Supplemental Briefing Schedule filed by John O. Brennan, Central Intelligence Agency. (Attachments: # 1 Certificate/Proof of Service)(Lo, Michelle) (Filed on 10/30/2014) (Entered: 10/30/2014)
2014-11-03	36	ORDER by Magistrate Judge Jacqueline Scott Corley granting 35 Stipulation re Supplemental Briefing Schedule (ahmS, COURT STAFF) (Filed on 11/3/2014) (Additional attachment(s) added on 11/3/2014: # 1 Certificate of Service) (ahmS, COURT STAFF). (Entered: 11/03/2014)
2014-12-01	37	STIPULATION WITH PROPOSED ORDER Re Modification of Supplemental Briefing filed by John O. Brennan, Central Intelligence Agency. (Attachments: # 1 Certificate/Proof of Service)(Lo, Michelle) (Filed on 12/1/2014) (Entered: 12/01/2014)
2014-12-02	38	ORDER by Magistrate Judge Jacqueline Scott Corley granting 37 Stipulation Re Modification of Supplemental Briefing (ahm, COURT STAFF) (Filed on 12/2/2014) (Entered: 12/02/2014)
2014-12-04	39	MOTION for Summary Judgment Defendant's Notice of Motion and Renewed Motion for Summary Judgment filed by John O. Brennan, Central Intelligence Agency. Motion Hearing set for 1/29/2015 09:00 AM in Courtroom F, 15th Floor, San Francisco before Magistrate Judge Jacqueline Scott Corley. Responses due by 12/26/2014. Replies due by 1/8/2015. (Attachments: # 1 Declaration Supplemental Declaration of Martha A. Lutz, # 2 Proposed Order, # 3 Certificate/Proof of Service)(Lo, Michelle) (Filed on 12/4/2014) (Entered: 12/04/2014)
2014-12-29	40	OPPOSITION (re 39 MOTION for Summary Judgment Defendant's Notice of Motion and Renewed Motion for Summary Judgment ) filed byAnthony P.X. Bothwell. (aaa, COURT STAFF) (Filed on 12/29/2014) (Additional attachment(s) added on 12/30/2014: # 1 Opposition Pt.02) (aaa, COURT STAFF). (Additional attachment(s) added on 12/30/2014: # 2 Opposition Pt.03) (aaa, COURT STAFF). (Additional attachment(s) added on 12/30/2014: # 3 Opposition Pt.04) (aaa, COURT STAFF). (Additional attachment(s) added on 12/30/2014: # 4 Opposition Pt.05) (aaa, COURT STAFF). (Additional attachment(s) added on 12/30/2014: # 5 Opposition Pt.06) (aaa, COURT STAFF). (Additional attachment(s) added on 12/30/2014: # 6 Opposition Pt.07) (aaa, COURT STAFF). (Additional attachment(s) added on 12/30/2014: # 7 Opposition Pt.08 (aaa, COURT STAFF). Modified on 12/30/2014 (aaa, COURT STAFF). (Entered: 12/30/2014)
2015-01-08	41	REPLY (re 39 MOTION for Summary Judgment Defendant's Notice of Motion and Renewed Motion for Summary Judgment ) filed byCentral Intelligence Agency. (Attachments: # 1 Certificate/Proof of Service)(Lo, Michelle) (Filed on 1/8/2015) (Entered: 01/08/2015)
2015-01-21	42	CLERK'S NOTICE Continuing Motion Hearing. TO ALL PARTIES AND COUNSEL OF RECORD: Please take notice that the hearing on Defendants Motion for Summary Judgment (Dkt. No. 39 ) currently scheduled for January 29, 2015 is continued to February 5, 2015 at 9:00 a.m., before Magistrate Judge Jacqueline Scott Corley, in Courtroom F, 15th Floor, Federal Building, 450 Golden Gate Avenue in San Francisco. (This is a text only docket entry, there is no document associated with this notice.) (ahm, COURT STAFF) (Filed on 1/21/2015) (Entered: 01/21/2015)
2015-01-21		Set/Reset Deadlines as to 39 MOTION for Summary Judgment Defendant's Notice of Motion and Renewed Motion for Summary Judgment . Motion Hearing reset for 2/5/2015 09:00 AM in Courtroom F, 15th Floor, San Francisco before Magistrate Judge Jacqueline Scott Corley. (ahm, COURT STAFF) (Filed on 1/21/2015) (Entered: 01/21/2015)
2015-02-05	43	Minute Entry for proceedings held before Magistrate Judge Jacqueline Scott Corley: Motion Hearing held on 2/5/2015 re 39 MOTION for Summary Judgment Defendant's Notice of Motion and Renewed Motion for Summary Judgment filed by John O. Brennan, Central Intelligence Agency. FTR Time 9:27-9:47. (ahm, COURT STAFF) (Date Filed: 2/5/2015) (Entered: 02/05/2015)
2015-03-02	44	NOTICE of Unavailability filed by Anthony P.X. Bothwell. (Attachments: # 1 Envelope)(slhS, COURT STAFF) (Filed on 3/2/2015) (Entered: 03/04/2015)
2015-04-15	45	NOTICE of Unavailability by Anthony P.X. Bothwell. (slhS, COURT STAFF) (Filed on 4/15/2015) (Entered: 04/15/2015)
2015-06-04	46	ORDER by Magistrate Judge Jacqueline Scott Corley granting in part and denying in part 39 Motion for Summary Judgment (ahm, COURT STAFF) (Filed on 6/4/2015) (Additional attachment(s) added on 6/4/2015: # 1 Certificate of Servcie) (ahm, COURT STAFF). (Entered: 06/04/2015)
2015-06-29	47	STATUS REPORT Joint Status Report and [Proposed] Order by Central Intelligence Agency. (Lo, Michelle) (Filed on 6/29/2015) (Entered: 06/29/2015)
2015-06-30	48	ORDER re 47 Status Report filed by Central Intelligence Agency. Signed by Magistrate Judge Jacqueline Scott Corley on 6/30/2015. (ahm, COURT STAFF) (Filed on 6/30/2015) (Additional attachment(s) added on 6/30/2015: # 1 Certificate of Service) (ahm, COURT STAFF). (Entered: 06/30/2015)
2015-07-27	49	NOTICE by Central Intelligence Agency Notice of Filing of Third Supplemental Declaration of Martha M. Lutz (Attachments: # 1 Exhibit A: Third Supplemental Declaration of Martha M. Lutz, # 2 Certificate/Proof of Service)(Lo, Michelle) (Filed on 7/27/2015) (Entered: 07/27/2015)
2015-08-17	50	STATUS REPORT Joint Status Report and [Proposed] Order by Central Intelligence Agency. (Lo, Michelle) (Filed on 8/17/2015) (Entered: 08/17/2015)
2015-08-18	51	ORDER re 50 Status Report/Briefing Schedule filed by Central Intelligence Agency. Signed by Magistrate Judge Jacqueline Scott Corley on 8/18/2015. (ahm, COURT STAFF) (Filed on 8/18/2015) (Entered: 08/18/2015)
2015-09-09	52	MOTION for Summary Judgment Defendant's Notice of Motion and Renewed Motion for Summary Judgment filed by Central Intelligence Agency. Motion Hearing set for 10/29/2015 09:00 AM in Courtroom F, 15th Floor, San Francisco before Magistrate Judge Jacqueline Scott Corley. Responses due by 9/23/2015. Replies due by 9/30/2015. (Attachments: # 1 Proposed Order, # 2 Certificate/Proof of Service)(Lo, Michelle) (Filed on 9/9/2015) (Entered: 09/09/2015)
2015-09-23	53	RESPONSE (re 52 Renewed MOTION for Summary Judgment) filed by Anthony P.X. Bothwell. (Attachments: # 1 Proposed Order)(slhS, COURT STAFF) (Filed on 9/23/2015) (Entered: 09/23/2015)
2015-09-30	54	REPLY (re 52 MOTION for Summary Judgment Defendant's Notice of Motion and Renewed Motion for Summary Judgment ) filed byCentral Intelligence Agency. (Attachments: # 1 Certificate/Proof of Service)(Lo, Michelle) (Filed on 9/30/2015) (Entered: 09/30/2015)
2015-10-15	55	NOTICE of Appearance by Ila Casy Deiss (Attachments: # 1 Certificate/Proof of Service)(Deiss, Ila) (Filed on 10/15/2015) (Entered: 10/15/2015)
2015-10-16	56	CLERK'S NOTICE Continuing Motion Hearing (Attachments: # 1 Certificate of Service) (ahm, COURT STAFF) (Filed on 10/16/2015) (Entered: 10/16/2015)
2015-10-16		Set/Reset Deadlines as to 52 MOTION for Summary Judgment Defendant's Notice of Motion and Renewed Motion for Summary Judgment . Motion Hearing reset for 11/5/2015 09:00 AM in Courtroom F, 15th Floor, San Francisco before Magistrate Judge Jacqueline Scott Corley. (ahm, COURT STAFF) (Filed on 10/16/2015) (Entered: 10/16/2015)
2015-11-03	57	ORDER by Magistrate Judge Jacqueline Scott Corley granting 52 Defendant's Motion for Summary Judgment (Attachments: # 1 Certificate of Service) (ahm, COURT STAFF) (Filed on 11/3/2015) (Entered: 11/03/2015)
2015-11-03	58	JUDGMENT. Signed by Magistrate Judge Jacqueline Scott Corley on 11/3/2015. (Attachments: # 1 Certificate of Service)(ahm, COURT STAFF) (Filed on 11/3/2015) (Entered: 11/03/2015)
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