Category Archives: race baiters/profiteers

African-American professor finds more than 2 in 3 hate crimes are fake

Jason L. Riley reports for the Wall St. Journal, June 25, 2020, that Wilfred Reilly, an assistant professor of political science at Kentucky State University, compiled a database of 346 hate-crime allegations and determined that less than a third were genuine.

Reilly then put together a data set of more than 400 confirmed cases of fake hate-crime a1llegations that were reported to authorities between 2010 and 2017. He maintains that the exact number of false reports is probably unknowable, but that what can be said “with absolute confidence is that the actual number of hate crime hoaxes is indisputably large. We are not speaking here of just a few bad apples.”

Reilly calls the Jussie Smollett case “the archetype of a hate crime hoax” and “one of the most flamboyant examples of the genre.” According to Rilley, an openly gay black man residing in Chicago — one of the country’s most liberal and diverse metropolises — is set upon by two white Donald Trump supporters who brandish bleach and a noose while shouting racial and antigay slurs “was a situation so extreme and bizarre that I think we would have had to look at how much racial progress the U.S. had actually made had it really occurred.”

But, of course, Smollett had made it all up, including buying the rope for the noose himself, and paying two Nigerian brothers to pose as his attackers.

Although the appointment of last week’s appointment of a special prosecutor in Chicago to take up the Smollett case is a good sign, Professor Reilly notes that media interest and coverage of the Smollett case has all but evaporated. He points out in his new book, Hate Crime Hoax: How the Left is Selling a Fake Race War, on about 100 fake hate-crimes, that the initial media publicity for supposed hate crimes tends all but to disappear if the allegations are exposed as fake. and that the media’s relative lack of interest in exposing hoaxes that don’t involve famous figures is a big part of the problem.

Reilly’s interest in hate crimes dates to his graduate-school days, when he became aware of several widely reported incidents in the vicinity of his hometown, Chicago, that turned out to be fake. In 2012 a popular gay bar in suburban Chicago was destroyed by fire, and the owner cited homophobia as the reason. The same year, black students at the University of Wisconsin-Parkside reported death threats from hate groups and found a noose hanging from a dorm room door. Ultimately, the owner of the bar pleaded guilty to arson and insurance fraud, and a black student at the university fessed up to sending racist threats and planting the noose.

Reilly found that “This phenomenon of fake hate crimes did not appear to be small-scale or regionally based.” Some examples:

  • A gay pastor in Texas accused a Whole Foods store of selling him a cake with a slur written in icing. The store produced video evidence that the pastor was lying.
  • A white woman in Oregon disfigured her own face with acid and claimed a black man had attacked her. Later, she admitted fabricating the entire story.
  • After signs that read “blacks only” and “whites only” were found at bathroom entrances on the University at Buffalo campus in upstate New York, a black graduate student confessed to posting them.

Reilly’s bigger concern is the politicization of hate crimes, especially where racial minorities are the supposed victims. Those alleged incidents are invariably seized upon by politicians and activists looking to feed a belief among liberals that discrimination and oppression are the main drivers of inequality. According to Reilly, “In the mainstream media we hear almost constant talk about scary new forms of racism: ‘white privilege,’ ‘cultural appropriation,’ and ‘subtle bigotry,” but “a huge percentage of the horrific hate crimes cited as evidence of contemporary bigotry are fakes.”

Wall St. Journal doesn’t identify Professor Wilfred Reilly as black, but his pic on a Kentucky State University website shows him to be one.

Dr. Wilfred Reilly is that rare academic who actually thinks for himself and is not a captive of the Left’s pernicious group-think. His contact info.:

  • Phone: 1-502-597-6008
  • Email: wilfred.reilly@kysu.edu
  • Mail: Hathaway Hall, Room 201
    School of Government, Policy and Justice Studies
    Kentucky State University
    400 East Main St.
    Frankfort, KY 40601

On Jussie Smollett, see:

On other fake hate-crimes:

~Eowyn

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George Floyd. 3 Minutes of resisting arrest. The video Fake News didn’t want you to see?

 

Video footage the MSM fake news conveniently kept out of their “breaking news story” has surfaced  of George Floyd resisting arrest for around three minutes .

Would this have stopped the riots? No. Fake news had made their minds up.  They were going do their part at destroying the country.  They were sticking to the plan.

*”One of the most obvious ways to tell I’f a event could be faked is paying attention to the news release. It’s  a dead giveaway when you see all the networks releasing the same exact story, at the same time.”

This video just adds to the long list  of events that fake news got caught at “faking news”.

There you have it.  Floyd did indeed resist arrest.  The entire fake news complex lied to you, again.  They specifically said Floyd didn’t resist arrest.

This is just another example why I quit believing everything the news media puts out..  Some might think that’s a little extreme.  No. It’s  the only logical, smart solution.  The days of me saying “they lie sometimes but usually they are pretty honest”  were gone long ago.  If you say you can tell the difference simply by using your best judgement, all you are really doing is selecting what you feel comfortable with. That does not make it true.

People saw the video.  They saw Floyd die.. Somebody mentioned in the comment section in a prior post of mine.  Something along the lines that “it’s  going to take more than different time stamps to change my mind”.

Five simple points, out of many.

  1. MSM lies all the time
  2. “Floyd is dead because the video shows it.”  Yes, the video looks like someone got killed or died of something. .. I get it, you’re convinced.  Now go turn on your TV or watch your favorite movie on the internet.   Why do you watch what you are watching?  It’s because the character’s seem real.  A block buster movie only becomes a hit if the movie is good.  This requires the actors  being skilled enough to convince you the roles the play are real..  Seeing is no longer believing.   If you believe Floyd is dead because it was captured on video, then you have to believe everything in all movies/videos  are true.
  3. If we wanted to use a video deposition in court, most states require the date/time to be burned into the video at the time of recording.  If the date is off/time is off, they cannot be used in court.  All the videos  times were different..  Floyd videos should not be legit evidence in court.  *Time/ date can be faked in any video.  Even when time of recording is hurned into video.
  4. To convict, there cannot be a reasonable doubt.   Time/date or  anything  else that’s  seemd wrong with this event causes reasonable doubt.  Innocent until proven guilty.
  5. Reliability of source of video.

I use the MSM as leads.  Then I investigate the story myself. But to each their own.

Fake ot not , some have come out ahead because of Floyd’s death.

  • Floyd family got millions in donations. Fame and fortune.
  • Black LIves Matter seemed to grow in numbers.  They assaulted and killed police officers which continues at this very moment.  They ignore   black on black deaths., or any other death in the black community..  They’ve actually got people giving in to their demands..  Some are actually kneeling for them, because BLM expects it.  .  Yes, they have been successful proving racism and bigotry exist in America.  BlM being perhaps the most openly racist group to ever exist in America..
  • Let’s not forget the 35 million and more BLM has received  in donations..  Unfortunate for them,  the people handling their money, the Minnesota Freedom Fund (MFF) has only spent  $200,000 of the money on bail money for protesters.  They haven’t  said where the rest of the money went.  MFF deleted the board members(which are almost all white) page on their site and they quit accepting donations.  They already admitted on Twitter that ” the donations are turned over to ACTBLUE.  ACTBLUE then give it to the democrats”.  That’s  because ACTBLUE is part of the Democrat party. Looks like the democrats hustled BLM.  Watch, BLM will still support democrats. Ok
  • Democrats have shown how much they love their voter base by allowing out of town rioters to destroy their cities, their  businesses, get assaulted, killed and have their whole lives destoyed.
  • Biden says Floyd is more important than MLK.
  • Science makes discovery that protesting will keep you safe from getting covid19 but attending church, working, etc, increases your chance to get the virus.
  • The first time in history that a transperson parent got to fight alongside their transchildren and transhgrandkids with their trans dog and trans bird. Take over American soil.  They did this through violence and   declared their own country.  Perhaps the #1 country of starving people because the homeless stole all the food the firds day.
  • The first time a unknown rapper declares himself the police after removing the police because they didn’t want police there.  He also declares himself to be leader of country by beating and who knows what.  Proving the people with guns win. Tupac  and biggie would be proud.
  • Floyd  so influential and important that he gets minute by minute coverage the day he is buried.  He gets second by second camera coverage from helicopter  of his car as it travels to his resting grounds. The man is treated like a Saint, even though he was a hardened thug who died while being arrested for committing a crime that is a violation of federal law , which can carry a sentence  of 20 years.
  • Police are getting replaced and now, just as I predicted, democrats are going after their weapons.
  • Muslims love the replacing the police with something like community police.  Perfect because to Muslims, community police is religion police or the morality police.  That gives them a chance to bring in Sharia  law.

Minneapolis is home to the largest population of Somali in the USA.  That means Muslim. You can be sure a Muslim controlled replacement for the police is ready to fill the spot.

I find it unusual that CUP FOODS is also the address of a Mosque.  Yes, they have a Mosque in the basement.  An “underground Mosque”. Now you know it’s  true.  They exist.

I mentioned earlier  about the video source being reliable. There is some evidence that the owner(from Palestine)of Cup Foods might have had some animosity toward the police.

That area of town is a hotspot for crime.  Cup Foods being a hotspot for drug trafficking.

The owners  son is a convicted felon who has been to prison. The business has been in trouble with the law in the past.  Both the owner and son have criminal records.

This document will explain the situation better than I.

 

CUP Foods, Inc., a Minnesota Corporation, and its President Samir Hamaden Abumayyaleh, Relators, vs. City of Minneapolis, Respondent. C2-01-399, Court of Appeals Published, September 11, 2001.

STATE OF MINNESOTA

IN COURT OF APPEALS

C2-01-399

CUP Foods, Inc., a Minnesota Corporation, and its President Samir Hamaden Abumayyaleh,

Relators,

vs.

City of Minneapolis,

Respondent.

Filed September 11, 2001

Affirmed in part, reversed in part, and remanded

G. Barry Anderson, Judge

City of Minneapolis

Docket No. 9-2110-12612-3

Ronald I. Meshbesher, Jonathan M. Peck, Meshbesher & Spence, Ltd., 1616 Park Avenue, Minneapolis, MN  55404 (for relators)

Jay M. Heffern, Minneapolis City Attorney, Scott Reeves, Assistant Minneapolis City Attorney, 300 Metropolitan Centre, 333 South Seventh Street, Minneapolis, MN  55402 (for respondent)

Considered and decided by G. Barry Anderson, Presiding Judge, R.A. Randall, Judge, and Robert H. Schumacher, Judge.

S Y L L A B U S

If an agency adopts the findings and conclusions of an administrative law judge, but rejects or significantly deviates from the recommendations of that judge and does not make findings explaining the deviation, the decision is arbitrary and capricious, and the case should be remanded for the agency to make findings explaining its decision to deviate.

O P I N I O N

G. BARRY ANDERSON, Judge

Respondent city stayed revocation of relator’s business licenses subject to store closure for six months and compliance thereafter with several conditions.  Relator argues that respondent’s decision is not supported by substantial evidence and that the sanction was arbitrary and capricious.  Relator also argues that the administrative law judge (ALJ) abused her discretion by denying his motion to strike testimony concerning controlled drug buys.  We conclude that there is substantial evidence to support respondent city’s finding of good cause for adverse license action against relator.  In addition, because relator did not make a timely motion to strike, we conclude that the ALJ acted within her discretion by denying the motion.  But because respondent deviated from the ALJ’s recommendations when imposing its sanction, without making findings explaining the reasons for doing so, we reverse and remand.

FACTS

In 1989, relator Samir Abumayyaleh opened a convenience store at the northeast corner of 38th Street and Chicago Avenue South in Minneapolis.  The store sold groceries and the usual convenience items.  Eventually, relator added numerous goods and services to the store, including a delicatessen, cellular phone and pager sales, tobacco products, and off-sale 3.2 beer.

Respondent City of Minneapolis issued CUP Foods (Chicago Unbeatable Prices) four licenses: (1) grocery store; (2) food manufacturer; (3) tobacco dealer; and (4) off-sale 3.2 beer vendor.  Respondent first issued the licenses in 1989 and each is subject to annual renewal.  Relator’s family, including his father and two younger brothers, work at the store, but relator also employs other workers.  Relator’s younger brother Nabil, known as “Billy,” one of the store employees, has a prior felony conviction for auto theft.

CUP Foods is located in a high-crime area of Minneapolis and, not surprisingly, experienced problems with loitering and drug activity in and around the store.  In 1991, relator complained to respondent about the loitering problem, and at a city crime specialist’s recommendation, relator placed two yellow “no trespassing” signs outside his store.  Respondent conditioned relator’s licenses on reduced hours of operation.  On several occasions, however, the store remained open after the designated closing time.

In 1993, after receiving additional complaints about loitering and drug activity near CUP Foods, respondent scheduled a committee meeting to consider adverse license action.  As a result of the meeting, relator agreed to remove public pay phones, hire off-duty police officers for security, reduce hours of operation, hire older employees for evening shifts, report drug activity to police, and remove signs blocking store windows.  Relator understood that failure to comply with the agreed-on conditions could result in revocation, suspension, or non-renewal of his licenses.  Relator complied with the conditions, including the employment of off-duty police officers as security guards.  But approximately one-year later, relator discontinued their employment because of the cost and because “things got a lot better at the intersection.”

As time went on, however, the crime problem at 38th and Chicago became worse.  In 1996, neighborhood residents formed a task force to improve safety and reduce drug-dealing activity in the neighborhood.  In 1998, the number of complaints concerning CUP Foods prompted police community crime specialists to open a file on the store.  Crime-prevention specialists visited CUP Foods and relator signed a Minneapolis “no trespassing” affidavit and received two new “no trespassing” signs.  The specialists advised relator to call 911 to report trouble, and he and his employees did so.

On July 13, 1998, a shooting took place near CUP Foods.  Shortly thereafter, relator attended a task-force meeting and asked for a greater police presence at the intersection.  A few months later, two more shootings took place near CUP Foods.

Beginning in October 1998, police conducted surveillance of CUP Foods.  Police observed loitering and hand-to-hand exchanges outside the store and in the store entryway.  Using confidential informants, police made several “controlled buys” of either crack cocaine or apparent crack cocaine inside CUP Foods.

Based on the results of the controlled buys, police obtained a search warrant for CUP Foods and executed that warrant on November 18, 1998.  Police recovered: stolen cell phones; a bullet-proof vest; live ammunition; a stolen bicycle; ephedrine, an ingredient in methamphetamine; glass tubing; baggies of what appeared to be crack cocaine (but later proved to lack cocaine base); postal scales; and three firearms.  Police also observed bullet holes in a door.  The state charged Nabil Abumayyaleh with unlawful possession of a firearm, but later dismissed that charge.  Police did not link any of the stolen items to relator, and did not charge him with any crime.

Police continued to make controlled buys in CUP Foods during 1999.  On one occasion, the participants completed a transaction in plain view of Nabil Abumayyaleh as he worked as a cashier.  On November 9, 1999, a Minneapolis police officer recovered crack cocaine from a CUP Foods shelf during the course of answering a call reporting an armed man in the area.

In November 1999, the Hennepin County Attorney’s Office commenced a nuisance-abatement proceeding against CUP Foods.  That proceeding was stayed pending the city’s resolution of appellant’s licensing issues because, on November 19, 1999, respondent filed a notice of hearing concerning all CUP Foods licenses.  Respondent filed amended notices on February 25, 2000, and again on March 27, 2000.

An ALJ conducted evidentiary hearings on March 28, 30, and 31, and on May 5 and 15, 2000.  Respondent presented testimony from police and neighbors, and argued for revocation of relator’s licenses.  Relator presented favorable testimony from neighbors and customers, testified to his own compliance with recommendations, and explained that he, too, sought to end the criminal activity near the intersection.

The ALJ concluded that respondent had shown good cause for taking adverse action against CUP Foods, but recommended that the city council consider placing conditions on CUP Foods licenses, rather than revoking the licenses outright.  On December 29, 2000, the Minneapolis City Council adopted the ALJ’s report but, rather than placing conditions on relator’s business licenses, it revoked all the licenses, stayed on the conditions that CUP Foods (1) close for six months and (2) take additional specified crime-prevention measures upon re-opening.  The council, however, waived 90 days of the closure period, upon relator’s payment of a $10,000 administrative fine.  The mayor approved the decision on January 4, 2001.  Relator now proceeds by writ of certiorari.

ISSUES

I.                    Was respondent city’s decision to stay revocation of relator’s business licenses, subject to conditions, a denial of due process, arbitrary and capricious, or unsupported by substantial evidence?

II.                 Did the ALJ violate relator’s right to due process of law by denying relator the opportunity to cross-examine confidential informants who made controlled buys at CUP Foods?

ANALYSIS

I.

            Appellant first argues that respondent city’s decision to revoke his business licenses is arbitrary and capricious, is unreasonable, is irrational, and not supported by substantial evidence, and that it violates his due-process rights because neither relator nor his employees had direct knowledge that drug activity took place inside CUP Foods.

Generally, decisions of administrative agencies, including cities, enjoy a presumption of correctness and will be reversed only when they reflect an error of law or where the findings are arbitrary, capricious, or unsupported by substantial evidence.  Cable Communications Bd. v. Nor-West Cable Communications P’ship,356 N.W.2d 658, 668 (Minn. 1984); see alsoMinn. Stat. § 14.69 (2000) (setting forth the scope of judicial review).

 Where the evidence is conflicting or more than one inference may be drawn from the evidence, findings must be upheld.  City of Minneapolis v. Richardson,307 Minn. 80, 88, 239 N.W.2d 197, 202 (1976).  If the agency engaged in reasoned decision-making, a reviewing court will affirm its decision even though the court may have reached another conclusion. State by Khalifa v. Hennepin County,420 N.W.2d 634, 639 (Minn. App. 1988), review denied (Minn. May 4, 1988). 

A.         Due Process

            Relator argues that respondent’s decision denies him “due process of law.”  To determine what process is due, this court first determines whether a property interest is implicated.  Humenansky v. Minnesota Bd. of Med. Exam’rs,525 N.W.2d 559, 566 (Minn. App. 1994), review denied(Minn. Feb. 14, 1995).  Relator correctly points out that he has a property interest in his business licenses.  See Bird v. Dep’t of Pub. Safety,375 N.W.2d 36, 42 (Minn. App. 1985) (finding property interest in automobile dealer’s license).  Our second inquiry requires weighing the particular interests involved. Humenansky,525 N.W.2d at 566. 

Sufficient due process generally requires reasonable notice and a hearing.  In re License of W. Side Pawn,587 N.W.2d 521, 522 (Minn. App. 1998), review denied (Minn. Mar. 30, 1999).  Although relator argues that he was denied due process, he does not allege that he was denied either reasonable notice or an opportunity to be heard.  The record shows relator received initial notice of the hearings approximately four months before the license proceedings, a five-day trial-type hearing, representation by counsel, an impartial decision-maker, and a decision based solely on the record.  This is sufficient to satisfy the due-process requirement.  See Humenansky,525 N.W.2d at 565 (describing the process due when property interests are implicated).

B.         Substantial Evidence

Relator argues that respondent violated his due-process rights because revocation

extinguishes [relator’s] property interest and deprives [relator] from making a living without a factual finding that either [relator] or any of his employees permitted, encouraged, or had any direct knowledge of the alleged controlled buys.

In essence, relator alleges that respondent lacked substantial evidence of “good cause” to take adverse license action against relator’s business.

 Substantial evidence, for the purpose of appellate review of an administrative agency’s decision, is: (1) such relevant evidence as a reasonable mind might accept as adequate to support a conclusion; (2) more than a scintilla of evidence; (3) more than some evidence; (4) more than any evidence; and (5) evidence considered in its entirety.  In re Friedenson,574 N.W.2d 463, 467 (Minn. App. 1998) (citation omitted), review denied (Minn. Apr. 30, 1998).  We defer to the agency’s fact-finding process and it is the challenger’s burden to establish that the findings are not supported by the evidence.  In re Lakedale Tel. Co.,561 N.W.2d 550, 554 (Minn. App. 1997).  Unless manifestly unjust, inferences must be accepted even though it may appear that contrary inferences would be better supported by the record.  Id.  Thus, relator must show that the evidence, considered in its entirety, and drawing inferences in favor of the decision, is not substantial, and, therefore, does not adequately support respondent’s finding that good cause existed to take adverse action against his business licenses.

The Minneapolis Code of Ordinances provides that “[a]ny license granted under this chapter may be revoked by the mayor or the city council as in the city charter provided.”   Minneapolis, Minn., Code of Ordinances § 188.350 (1999).  The city charter provides:

Section 16.  Licenses May Be Revoked.  Any license issued by the authority of the City Council may be revoked by the City Council at any time upon proper notice and hearing for good cause * * * .

Minneapolis, Minn., City Charter ch. 4, § 16.

The ALJ’s memorandum explained that relator’s employment of his brother Nabil Abumayyaleh, a convicted felon, and the handguns found during the search of CUP Foods, did not warrant taking adverse license action against relator because relator legally employed his brother and legally possessed the handguns for protection.  Similarly, the ALJ found that, because respondent failed to link any of the stolen items recovered during execution of the 1998 search warrant to relator, that evidence alone did not support adverse license action.  Further, the ALJ found that the three shootings near CUP Foods had no connection to the store and were simply a “by-product of the gang violence that is prevalent in this south Minneapolis neighborhood.”

But respondent, through the testimony of police officers and neighbors, presented evidence of: (1) chronic loitering at CUP Foods; (2) numerous hand-to-hand exchanges, an indication of drug dealing, taking place in and outside the store; and (3) controlled drug buys inside the store.  Respondent also presented evidence that despite the earlier license conditions, the store’s windows remain obstructed by advertising, signs, and shelving, and that the lack of visibility inside the store hampers law-enforcement efforts.

For these reasons, the city council adopted the ALJ’s conclusion that

[respondent] has demonstrated by a preponderance of the evidence that drug dealing and loitering have occurred on a frequent basis on and near CUP Foods’ premises.  * * * [Relator’s] failure or inability to prevent or meaningfully control the sale of drugs occurring inside his store constitutes good cause for taking adverse action against CUP Foods’ licenses. While [relator] testified that he routinely asks loiterers to leave, substantial credible testimony from neighborhood residents and police officers established that there is an ongoing pattern of loitering and drug dealing both inside the store and outside the store’s front entrance.  And, despite some measures taken by [relator] to increase visibility in his store, the record established that the majority of the store’s windows remain obstructed by shelving, advertisements, and other signage.  The inability to see into the store’s windows encourages loitering and criminal activity in general at CUP Foods.

Although there is no direct evidence that relator or his employees observed drug transactions, there is ample evidence, including the evidence of the controlled buys, that such transactions took place in and around CUP Foods and that relator knew that crime in and near the store was an ongoing problem.  Although relator made efforts to improve security and reduce crime, he failed to decrease the height of store shelves or remove window advertisements, and, until very recently, relator had abandoned the use of security guards.

Drawing inferences in favor of respondent city’s decision, as we must, and viewing the record as a whole, we conclude that the evidence, though hardly overwhelming, is reasonable, “more than a scintilla,” “more than some,” and “more than any” evidence.  The evidence, therefore, is substantial and supports the conclusion that respondent had “good cause” to take adverse license action against relator.[1] 

C.        Arbitrary and capricious

Relator also argues that the adverse license action is arbitrary and capricious.  Reviewing courts may reverse an agency’s decision if the decision is arbitrary or capricious.  Minn. Stat. § 14.69(f) (2000).  An agency decision is arbitrary and capricious if it is an exercise of the agency’s will, rather than its judgment, or if the decision is based on whim or is devoid of articulated reasons. Friedenson,574 N.W.2d at 467;Mammenga v. State Dept. of Human Servs.,442 N.W.2d 786, 789 (Minn. 1989).  “Where there is room for two opinions on the matter, [an agency’s choice of one course of] action is not arbitrary and capricious * * * .”  Friedenson,574 N.W.2d at 467 (citing Brown v. Wells,288 Minn. 468, 472, 181 N.W.2d 708, 711 (1970)).     

The problems at CUP Foods illustrate the collision between two important principles of United States jurisprudence: the reasonable public safety expectations of citizens and the preservation of private property rights, which, in this case, take the form of business licenses.

A city council may affirm, reject, or modify an ALJ’s findings or conclusions.  See Hymanson v. City of St. Paul,329 N.W.2d 324, 326-27 (Minn. 1983) (a city council may make new findings or decide contrary to the hearing examiner’s recommendations).   Despite this authority, when an agency significantly deviates from a reviewing authority’s conclusions, it must explain the deviation.  Beaty v. Minnesota Bd. of Teaching,354 N.W.2d 466, 472 (Minn. App. 1984).  Failure to do so “evidences the agency’s desire to exercise its will and not its judgment.”  Id.see also Burnett v. Stearns County Welfare Bd.,370 N.W.2d 452, 455 (Minn. App. 1985) (holding county welfare board acted arbitrarily and capriciously by rejecting without comment merit system council recommendation to grant relator a merit increase).  But see Friedenson,574 N.W.2d at 467-68 (holding revocation of relator’s medical license not arbitrary and capricious, even though board failed to explain its reasons for deviating from ALJ’s findings of fact and conclusions of law, because reviewing court was satisfied penalty was the product of “careful and prudent judgment”).  

Respondent adopted the ALJ’s findings, as well as the conclusions supported by those findings.  But respondent did not adopt the ALJ’s recommendations to place conditions on relator’s business licenses, and instead stayed revocation on the conditions that CUP Foods close for six months and, upon re-opening, comply with numerous crime-prevention measures.  Respondent significantly deviated from the ALJ’s recommendations without explaining why the ALJ’s recommendations were rejected or making additional findings to support this disposition.  At a minimum, a business owner with property rights in the form of government licenses is entitled to know the reasons for adverse action by the city council.  We therefore hold that the absence of such findings renders the respondent city’s decision arbitrary and capricious, and we reverse and remand for additional proceedings and to permit respondent to make appropriate findings explaining its decision.

We caution respondent, however, that any additional findings or conclusions it may adopt on remand, to explain its reasons for significantly deviating from the ALJ’s recommendations, must be limited to the issues raised in the earlier proceedings.  See Interstate Power Co. v. Nobles County Bd. of Comm’rs, 617 N.W.2d 566, 580 (Minn. 2000); Earthburners, Inc. v. County of Carlton, 513 N.W.2d 460, 463 (Minn. 1994) (reviewing board “must confine its inquiry to those issues raised in [the] earlier proceedings”); White Bear Rod & Gun Club v. City of Hugo, 388 N.W.2d 739, 742 (Minn. 1986) (city council not required to make formal findings but, at a minimum, must “‘have the reasons for its decision recorded or reduced to writing and in more than just a conclusory fashion’” (quotation omitted)). 

II.

            Relator also argues that the ALJ abused her discretion by denying relator’s motion to strike testimony concerning the confidential informants who completed “controlled buys” inside CUP Foods, contending that by failing to strike that testimony the ALJ denied him his right to confront the informants.  Evidentiary rulings in administrative proceedings are subject to an abuse-of-discretion standard.  See Lee v. Lee,459 N.W.2d 365, 369 (Minn. App. 1990) (applying abuse-of-discretion standard to appeal of evidentiary ruling on hearsay evidence made during an administrative child-support hearing conducted under Minnesota Administrative Procedure Act rules), review denied(Minn. Oct. 18, 1990).

During the license hearings, respondent’s counsel questioned Sherry Appledorn, the police officer who arranged the controlled buys, about her conversations with the confidential informants.  Relator’s counsel objected on hearsay grounds.  The ALJ sustained the objection, but permitted the officer to testify concerning matters within her own knowledge.  At the close of the hearings, relator moved to strike all testimony concerning the controlled buys on the basis that he was denied the right to confront the informants.  The ALJ ruled that the request was untimely.  Respondent argues that this court need not reach the issue of confrontation because relator’s motion to strike was untimely.  We agree.

The rule that an objection to the admission of evidence must be made at the time the evidence is offered is well established.  Eilola v. Oliver Iron Mining Co.,201 Minn. 77, 79, 275 N.W. 408, 409 (1937); see also Minn. R. Evid. 103(a)(1) (providing that there is no error unless an evidentiary ruling affects a substantial right of a party and a timely objection or motion to strike is made).  Although relator objected to out-of-court statements made by the informants as hearsay, relator did not (1) bring any motion to compel respondent to disclose the informants’ identities, even though the initial notice of hearing indicated that the controlled buys would be part of respondent’s evidence, or (2) object to the admission of Appledorn’s testimony concerning her knowledge of the controlled buys until the close of the hearing in May 2000, more than one month after she testified.  We therefore conclude that the ALJ acted within her discretion by denying relator’s motion to strike, and we decline to further address relator’s confrontation claims.

D E C I S I O N

Respondent’s conclusion that there is good cause to take adverse license action against relator is supported by substantial evidence.  Respondent’s decision to deviate from the sanctions recommended by the ALJ, however, is arbitrary and capricious because the deviations are significant and respondent did not make findings explaining its decision to deviate.  Finally, the ALJ did not abuse her discretion by denying relator’s motion to strike testimony concerning controlled drug buys because the motion was untimely.

Affirmed in part, reversed in part, and remanded.

[1]Relator devotes more than three pages of his brief to a discussion of Saxon Coffee Shop, Inc. v. Boston Lic. Bd.,407 N.E.2d 311 (Mass. 1980).  In Saxon,a license-revocation action, criminal activity inside a store and the non-cooperation of the store’s management did not meet the substantial-evidence test.  Id at 319.  We reject Saxon’sreasoning because City of Mankato v. Mahony,542 N.W.2d 689 (Minn. App. 1996), suggests that a city may take adverse-license action in response to criminal activity if the licensee does not cooperate to prevent future violations.  Id. at 692 (reversing revocation of landlord’s license where landlord acted responsibly to prevent further violations of city noise codes). 

Source

Perhaps Floyd and the business was doing a drug deal.  When Floyd was on the ground, leaning against Dragon Wok, an officer leaned over and picked something up off the ground and put it in his pocket.  Maybe it was just a dime or something.

False Flag or not, the whole situation has the Democrats name written all over it.  It’s  only going to get worse until election  day.

Respectfully

Deplorable Patriot.

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Evidence points to CNN and Shaun King guilty of fabricating George Floyd video.

 

More  and more information related to this event becomes available daily.  In an effort to not be fake news. I will be updating this post often..  For example, The original version of this post was based on a video that lead  me to believe the event happened on one street.  Later on after posting, a new, more complete video became available.  Irregardless,  my opinion on this event will not change.  I believe this event was staged. The embedded recording times in the  videos iis the proof. That is the focus of this post/research.  If  the information was not related to the video time, chances are I didn’t  include it. Sometimes too much information can be confusing and unnecessary once you have proven your point.  I believe this is one of those situations.  Any information I include that does not support my point, I do so in the spirit of information  sharing.

 

Update- Body cam footage  worn by officer driving “Park Police” vehicle has different  embedded time  and  date in video.  That’s  3 different recording times  for 3 different  video’s  of the same event.

Given the obvious importance of accurate time and date in body cam videos. Real police officers would be sure time was correct.  

 

 

 

Continue reading

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Cops in the Cross-hairs – Antifa Declares War on Police

There was a time in our country when not even the Mafia dared kill a cop. But those times are long past. Well-funded and highly organized anarchists have used the protests over the killing of George Floyd as an excuse to burn private and government property and loot businesses across the country. In the beginning, these terrorists focused on destruction and inciting others to riot. But now, these provocateurs have ratcheted up their mayhem by taking aim at police officers and attempting to kill them. The rule of law has fallen by the wayside. The guerrilla war now is being waged with lethal intent. Follow the dollar. The foul reek of Darth Soros, who bragged about turning in his own people to the Nazis during WWII, fills the air. Here are just a few of the assaults on police in the past week.

St. Louis, MO

Four police officers shot during a downtown protest, two in leg, one in arm one in the foot. St. Louis Police Chief John Hayden said they were hit by gunfire by “some coward” while standing on the side of a police line. “As we speak we’re trying to get control out of this city, still hearing gunfire and everything,” he said. I don’t know what else to say. This is horrible. Thank God, they’re alive.” The St. Louis Post-Dispatch reported that all of the officers were conscious and breathing after being rushed to the hospital.

Las Vegas, NV

Officer was in a fight with a suspect at the Circus Circus Hotel and Casino on the strip when someone walked up behind the officer and shot him in the head. The officer is on life support.

Richmond, Va.

NBC-12 in Richmond reported that two police officers and a suspect were injured in a shooting after they were called to investigate a report of an armed person on Semmes Avenue early Tuesday morning. When they arrived, gunfire erupted. The two cops and the suspect were taken to local hospitals.

The Bronx, NY

An NYPD sergeant was critically injured when he was brutally and deliberately run over by a speeding SUV hit and run assailant. In a similar incident in the Bronx in New York City, an NYPD officer investigating reports of break-ins was struck by a vehicle early Tuesday in a hit-and-run. The officer survived being run over and is said to be in a stable condition.

This video of the hit-and-run was posted on social media. It is extremely graphic. View with caution.

Davenport, Iowa

According to authorities, an officer was “ambushed” with gunfire Sunday. Another officer shot back, and the suspects fled but were later arrested. Near where the officer was wounded, police found a man shot to death and a handgun under his body. His identity wasn’t released.
Police said surveillance video shows that the man and some of the arrested suspects were involved in a shooting outside a jewelry store hours earlier. They were casing the business when other cars arrived and multiple people fired shots at each other, police said.

Atlanta, GA

An Atlanta Police officer was seriously injured after being hit by an ATV in downtown Atlanta during a second night of protests. Police said Sunday that the officer had surgery early this morning and is currently recovering in the intensive care unit at Grady Memorial Hospital. Mayor Keisha Lance Bottoms identified him Sunday night as officer Maximilian Brewer, who has been with the department for 18 years. “We ask that you keep him in your thoughts and prayers,” Bottoms said. “He has a long road to recovery.” Brewer was on foot when he was hit on Ted Turner Drive around 10 p.m. He sustained significant injuries to his legs.Police said the ATV’s driver suffered non-life-threatening injuries and was taken into custody. Bottoms said Sunday night that they do believe the rider struck Brewer intentionally.

Oakland, CA

Two federal officers in Oakland were shot Friday night, one of them fatally, as protests over the death of George Floyd turned violent. The two Federal Protective Service officers worked for Homeland Security, and were based at the Oakland Downtown Federal Building, according to report. No arrests have been made. During the riot, six Oakland police officers were injured, in addition to the federal officers who were shot.

Denver, CO

Denver police are searching for a Chevrolet Cobalt or Cruze, that struck a Denver Police vehicle and severely injured 3 police officers, and a civilian. The suspect driver of the car did not stop. The officers suffered serious injuries, but were expected to survive. So far, there is no word on the condition of the civilian.

And so it continues. The mayhem continues; the marching for one murdered man goes on. But the question arises, who will march for the dead police officers?

~ Grif

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America Under Siege: George Floyd rioters burn, loot, kill

Using as their excuse the tragic and allegedly racially-motived death of George Floyd last Wednesday, May 27, 2020, rioters not only have converged on Minneapolis, they are now fomenting mayhem in cities across America, including an attack on the White House itself.

Pentagon has put elite military police units on standby as President Trump prepares to deploy the Army. (InfoWars)

National Guard activated in nearly a dozen states. (Foxnews)

This page is a chronicle of the mayhem. It will be continuously updated.

Chaos erupts in 25 major cities from NYC to LA as protesters torch cop cars, burn buildings and loot stores on fifth night of violence that has left three dead and dozens injured. (Daily Mail)

Minneapolis

  • A mob set fire to the Minneapolis Police Department’s 3rd Precinct building as riots continued in the city and spread into neighboring St. Paul. Looters ransacked businesses and set fire to a pawn shop near the 3rd Precinct. Minnesota Governor Tim Walz, Democrat, ordered 500 members of the National Guard to Minneapolis and St. Paul. (Fox9 KMSP)
  • Attacked disabled woman in wheelchair in Minneapolis. (Freedom Headlines)
  • Minneapolis rioter yells “Shoot the white folk!”. (New American)
  • Minneapolis rioter threatens to come to the suburbs. (Summit News)
  • The situation was so bad that Minneapolis police chief Medaria Arronado, who had said many of the rioters committing criminal acts came from outside the city, insisted it’s too dangerous to confront rioters. (Federalist Papers)

White House

  • Rioters tried to attack the White House; Secret Service deployed tear gas. (Breitbart)
  • White House in lockdown; rioters spray “Fuck Trump” on wall. (Gateway Pundit)
  • A Kenyan named Alex Nderitu, in a tweet, urged rioters to burn down White House. (msn news)

New York

  • NYPD cops targeted with Molotov cocktails and bricks. (New York Post)
  • St. Patrick’s Cathedral desecrated with protest graffiti. (New York Post)
  • According to an NYPD source, Brooklyn precinct was under seige; 88% overrun. Police Commissioner Shea called a Level 3 mobilization, requiring all special units to respond and calling 4 cars from every command in the city to location. (@JamesAGagliano)

Oakland, CA

  • Rioters burned cars and threw Molotov cocktails. Over 70 businesses were vandalized, looted or both, including downtown merchants with “Black-Owned” business signs, small shops in Chinatown, and larger chain stores like Walgreens and Target. 17 Oakland officers, 2 Oakland firefighters and 7 officers from outside agencies were injured. Two federal security officers shot, one of them died, while standing at the Oakland federal building. (Patch)
  • Hundreds of rioters broke into banks, drug stores and office buildings, lighting fires in the streets, burning a Walgreens and Chase Bank, dancing atop cars and scrawling anti-police messages on many surfaces. Reporter witnessed Blacks, browns and whites engaged in the destruction. 22 people were arrested. (Berkeleyside)

Atlanta, GA

  • Looted and destroyed College Football Hall of Fame. (Gateway Pundit)
  • Rioters attacked CNN headquarters.

Nashville, TN

  • After Nashville mayor John Cooper, Democrat, urged people to join him at BlackLivesMatter protest downtown, rioters torched city hall and court house. (Gateway Pundit)
  • Owners of businesses clean up after being looted and burned by rioters.

The only good news:

In St. Louis, Missouri, a looter trying to rob a FedEx semi-truck, was dragged 5 miles; died. (KMOV4)

~Eowyn

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Colin Kaepernick slams US in tweet because, well, take a wild guess

It’s a day ending in “y” which means another tweet from former NFL player Colin Kaepernick complaining about the racist U.S.A.

His tweet from yesterday: America has always sanctioned and besieged Black and Brown bodies both at home and abroad. America militarism is the weapon wielded by American imperialism, to enforce its policing and plundering of the non white world.

What a terrible country the U.S.A. is to allow him the freedom of speech to bash us and the ability to earn a net worth of $20 MILLION for throwing a ball.

Ain’t America great?

DCG

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It pays to be a race hustler: Al Sharpton received $1M in pay from his own charity

He needs that big salary as he still owes $698,470.99 in back federal taxes for three of his companies.

From Fox News: He’s the million-dollar minister. The Rev. Al Sharpton raked in $1,046,948 from his own charity last year, according to National Action Network’s latest tax filings obtained by The Post.

Sharpton got a $324,000 salary — 32% higher than his 2017 pay in addition to a $159,596 bonus and $563,352 in “other compensation.”

The Harlem-based nonprofit — which Sharpton controls as president and CEO — said the extra cash was to make up for the years from 2004 to 2017 when he didn’t get his full pay. NAN said it hired an executive compensation firm that determined the good reverend was owed $1.252 million — but he was generously willing to take $500,000 less.

Sharpton and the nonprofit’s board also agreed “he has now been fully compensated for all the years he was underpaid and received no bonus,” the NAN statement said.

The sharp-dressing, silver-tongued preacher defended the windfall before taking the stage for his weekly rally at NAN’s House of Justice in Harlem, an event where attendees throw cash in the collection bucket at the reverend’s behest.

“Fifteen years, you are talking about since 2004 when I came back after running for president,” he said. “For anybody else it would be laughable.”

He said he also deserved the 2018 raise. “It’s a six-day-a-week job and several hours a day and when [the compensation firm] compared it to other companies, other nonprofits, that’s the salary that they would get,” he said.

The firebrand activist and MSNBC host was not exactly earning minimum wage in recent years. The last year he went without a salary was 2008, and he has made well into the six figures every year since, tax documents show.

He certainly wasn’t coveting his neighbor’s paycheck in 2017, when his NAN salary came to $244,661, or the year before, when he was paid $250,000 plus a $437,555 bonus. NAN justified the bonus at the time saying it was designed to make up for a lack of full compensation, including no retirement or benefits packages over the years.

The nonprofit also noted in 2016 that Sharpton’s average yearly pay of $283,543 from 2007 through 2016 fell within the competitive range of those who held similar positions.

In 2014, Sharpton got much more than the average pay — $348,244 plus a $64,400 bonus, tax filings show.

Read the whole story here.

DCG

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Seattle transit agency dropping term “red line” because of racist implications

If you are a woke progressive, you can find racism in everything.

Take for example in Seattle: The local transit agency, Sound Transit, has decided to drop the term “red line” for a north-south route. This is because of an association with the racist term “redlining.”

According to Wikipedia, redlining refers to “the systematic denial of various services to residents of specific, often racially associated, neighborhoods or communities, either directly or through the selective raising of prices. While the best known examples of redlining have involved denial of financial services such as banking or insurance, other services such as health care (see also Race and health) or even supermarkets have been denied to residents.”

Apparently Sound Transit heard from a lot of community members who are very upset with the term red line. From their press release:

“As the term Red Line became more visible we heard concerns from members of our community, that this term carries unfortunate associations with the punitive practice by lenders of “redlining.”

Redlining describes the historical practice engaged in by banks to withhold home-loan funds or insurance from neighborhoods deemed to be poor economic risks. These neighborhoods were primarily comprised of racial and ethnic minorities, who were denied the opportunity to build generational wealth through home ownership.

These discriminatory practices caused widespread damage and inequities that have had a lingering impact to this day. In response, we are going to identify a new system for identifying our routes. It’s the right thing to do, and we are grateful for the community members who encouraged us to take this action.

While numerous transit systems around our country have red lines based on the widespread practice of using primary colors to label transit services, at Sound Transit we want to build a system that welcomes everyone. The term Red Line clearly works against this goal.”

Read their whole press release here.

I’m curious as to what color they will name the new line. I’m assuming the following are out due to political correctness: White, yellow and brown (for obvious reasons), blue and grey (associated with depression), and orange (think #OrangeManBad).

No matter what color they end up with, I’m sure some woke progressive – somewhere, somehow – will find a reason to be offended.

DCG

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Correcting someone’s grammar is now racist

Note: This post was originally published on December 15, 2013, but it was disappeared after WordPress took down this blog, Fellowship of the Minds, on August 15, 2018. Although I have been able to restore most of our posts by retrieving them from our “Draft Posts” folder and republishing them one by one, this post is among a handful that are irretrievable. Fortunately, I was able to find this post on the net because it had been re-blogged on other sites, including FromTheTrenchesWorldReport. I am, therefore, republishing this post today.

Did you know that if a professor — whose job supposedly is to teach — corrects a student’s grammar, he is being raaaaaacist?

Of course, the “someone” who is corrected must be a “person of color” — not just any color, but a person of dark skin color.  

The plain truth is that in today’s America, under the sway of Leftwing Tyranny, criticizing a person of color about ANYTHING is being racist.

That’s what Val Rust, a professor emeritus of education and information studies at the University of California at Los Angeles (UCLA), discovered.

Robby Soave reports for The Daily Caller, Nov. 26, 2013, that members of an UCLA student group, Call 2 Action: Graduate Students of Color, launched a sit-in protest against Professor Rust because he had the temerity to — GASP! – correct the grammar, punctuation and capitalization in “minority” students’ assignments.

According to Inside Higher Education, some 25 students participated in the sit-in, including five of the 10 members of Professor Rust’s class. The protesters wrote this statement to the college:

A hostile campus climate has been the norm for Students of Color in this class throughout the quarter as our epistemological and methodological commitments have been repeatedly questioned by our classmates and our instructor. [The] barrage of questions by white colleagues and the grammar ‘lessons’ by the professor have contributed to a hostile class climate.

As an example of Rust’s egregious racism, Ph.D. student and sit-in organizer Kenjus Watson, said the professor told one student that she should not capitalize the word “indigenous” (as in “indigenous” or native American) in her papers. Watson claimed the correction was “ideologically motivated,” whatever that means.

Rust, who was guest-lecturing in China at the time of the sit-in, sent a letter to his colleagues in the education department, saying he meant no offense to “minorities”: “I have attempted to be rather thorough on the papers and am particularly concerned that they do a good job with their bibliographies and citations, and these students apparently don’t feel that is appropriate.”

Rust also apologized for making matters worse by not aggressively and proactively taking the side of a “minority” student who was engaged in an argument with a white female student. The minority student told the woman that she had no right to feel oppressed, and Rust did not express agreement either way.

Rust wrote:

Two weeks ago a Student of Color and a white female student got into a big discussion. She wants to use Standpoint Theory [a method of analysis coined by feminist sociologist Dorothy Smith, based on the idea that all knowledge is subjective and based on one’s position in society] in her dissertation, and the Student of Color told her she had no business claiming that she was a member of an oppressed group. She came back saying there are all kinds of oppression. I likely did not handle the situation well, because I chose not to stop the discussion between them, so it went on for quite a while, and the Students of Color apparently interpreted my silence to mean I wasn’t supporting them.

Here’s Professor Rust’s email address: rust@gseis.ucla.edu

~Eowyn

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Wall Street Journal wades in on Meghan Markle controversy

The toxin that is Meghan Markle (and her thoroughly- and willingly-emasculated husband, Prince Harry) is no longer confined to the British Isles. Even Wall Street Journal is weighing in on the unending controversies she deliberately has fomented.

Gerard Baker is the Editor at Large of The Wall Street Journal. A former Editor-in-Chief of Dow Jones and The Wall Street Journal (2014-2018) and former U.S. editor and an assistant editor of the Times of London, Baker covered economics for the BBC and worked as an economist at the Bank of England and Lloyds. He  holds a degree in philosophy, politics and economics from Corpus Christi College, Oxford University.

Below is Gerard Baker’s “An American Duchess Takes to the Barricades,” Wall Street Journal, November 1, 2019, which is behind a paywall. Fortunately, The Charlatan Duchess took screenshots of the article.

Meghan and her enabler Prince Harry blame her negative press on racism — the Left’s default catch-all excuse.

But it should be noted that before she snatched the British royal, Markle had never identified as biracial. Instead, her actress bio/resume identifies her as “Caucasian” (white).

Now she wears her half-black racial identity as a badge of honor and wields it as a bludgeon against her critics, including the UK taxpayers whom she no longer fools. Just read the overwhelmingly negative readers’ comments on any article about her and Harry in the Daily Mail, such as here. See also “Brits sign petition to stop taxpayer funding of Meghan Markle & Prince Harry“.

Little known is the fact that Meghan is so proud of her black ancestry that she had cosmetic surgery to shave her bulbous negroid nose. Below are pics of her when she was a student at Immaculate Heart Middle School, a private school for girls in Los Angeles, California.

Meghan’s father, Thomas Markle Sr., had paid for her private school tuition at the Hollywood Little Red Schoolhouse and Immaculate Heart Middle School. Markle also paid for Meghan’s considerable tuition and expenses at another private institution, Northwestern University.

During a speech at the University of South Pacific in Fiji in October 2019, Meghan said she had paid for her Northwestern University tuition through scholarships, financial aid, and her campus job. That was a lie, one of many from the pathological liar.

In September 2019, Thomas Markle Sr. set the record straight. He told the Mail on Sunday (which Meghan and Harry are suing) what Meghan claims is “completely untrue” and that “I paid every penny of her tuition [at Northwestern] and I have the bank statements to prove it.”

Mr. Markle also paid for Meghan’s internship at the US embassy in Buenos Aires when she was a junior at Northwestern:

“I paid for her trips to Spain and England. I paid for her internship in Argentina. I always upheld my responsibilities as a father. Meghan’s comments about paying her way through college are offensive to me. I don’t want anything from Meghan or Harry but I’m not going to shut up until the whole truth is out there. I will continue to contradict anything said about me that isn’t true.”

Meghan’s parents, Thomas Markle and Doria Ragland, divorced when she was six. She was brought up entirely by her father, whom she has “ghosted” and didn’t invite to her London wedding. Although “climate-change activist” Harry doesn’t hesitate to fly on gas-guzzling carbon-spewing private jets, he had never bothered to meet his 75-year-old father-in-law, who is bankrupt, in poor health, and lives alone in Rosarito, Mexico.

Doria was the only member of Meghan’s biological family who was invited to the wedding. Meghan has “ghosted” not just her father, but also her paternal half-sister and half-brother, both of whom have warned the British royalty and the world about how destructive Meghan is.

See also:

~Eowyn

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