WASHINGTON, July 9, 2008

Senate Passes Eavesdropping Bill

Bill Grants Immunity To Phone Companies That Listened In On Americans

  • Photo

     (CBS/AP)

  • Interactive Domestic Surveillance

    The debate over the Bush administration's controversial wiretapping program.

(AP)  The Senate sent the White House a bill overhauling bitterly disputed rules on secret U.S. government eavesdropping Wednesday, bowing to President George W. Bush's demand to shield telecommunications companies from lawsuits complaining they helped the U.S. spy on Americans.

The relatively one-sided vote, 69-28, came only after a lengthy and heated debate that pitted privacy and civil liberties concerns against the desire to prevent terrorist attacks. It ended almost a year of wrangling in the Democratic-led Congress over surveillance rules and the president's warrantless wiretapping program that was initiated after the Sept. 11, 2001, terrorist attacks.

The House of Representatives passed the same bill last month, and Bush said he would sign it soon.

Opponents assailed the eavesdropping program, asserting that it imperiled citizens' rights of privacy from government intrusion. But Bush said the legislation protects those rights as well as Americans' security.

"This bill will help our intelligence professionals learn who the terrorists are talking to, what they're saying and what they're planing," he said in a brief White House appearance after the Senate vote.

The long fight in Congress centered on one main question: whether to protect from civil lawsuits any telecommunications companies that helped the government eavesdrop on American phone and computer lines without the permission or knowledge of a secret court created by the Foreign Intelligence Surveillance Act.

The White House had threatened to veto the bill unless it immunized companies such as AT&T Inc. and Verizon Communications Inc. from wiretapping lawsuits.

Forty-six lawsuits now stand to be dismissed because of the new law, according to the American Civil Liberties Union. But the fight has not ended. Civil rights groups are already preparing lawsuits challenging the bill's constitutionality, and four suits, filed against government officials, will not be dismissed.

Numerous lawmakers had spoken out strongly against the no-warrants eavesdropping on Americans, but the Senate voted its approval after rejecting amendments that would have watered down, delayed or stripped away the immunity provision.

The lawsuits center on allegations that the White House circumvented U.S. law by going around the FISA court, which was created 30 years ago to prevent the government from abusing its surveillance powers for political purposes, as was done in the Vietnam War and Watergate eras. The court is meant to approve all wiretaps placed inside the U.S. for intelligence-gathering purposes. The law has been interpreted to include international e-mail records stored on servers inside the U.S.

"This president broke the law," declared Sen. Russell Feingold, a Democrat from Wisconsin.

The Bush administration brought the wiretapping back under the FISA court's authority only after The New York Times revealed the existence of the secret program. A handful of members of Congress knew about the program from top secret briefings. Most members are still forbidden to know the details of the classified effort, and some objected that they were being asked to grant immunity to the telecoms without first knowing what they did.

Republican Sen. Arlen Specter compared the Senate vote to buying a "pig in a poke."

But Sen. Christopher Bond, a Republican and one of the bill's most vocal champions, said, "This is the balance we need to protect our civil liberties without handcuffing our terror-fighters."

Just under a third of the Senate, including Democratic presidential candidate Barack Obama, supported an amendment that would have stripped immunity from the bill. They were defeated on a 66-32 vote. Republican rival John McCain did not attend the vote.

Obama ended up voting for the final bill, as did Specter. Feingold voted no.

The bill tries to address concerns about the legality of warrantless wiretapping by requiring inspectors general inside the government to conduct a yearlong investigation into the program.

The measure effectively dismisses about 40 lawsuits that have been bundled together. But at least three other lawsuits against government officials will go forward.





©MMVIII, The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.

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Add a Comment See all 148 Comments
by kofiananimus July 9, 2008 7:20 PM EDT
disgusting. It''s like legalizing Watergate after Watergate was perpetrated. Feingold for president.
Reply to this comment
by jntlw-2009 July 9, 2008 7:25 PM EDT
I am more than disappointed. What are we as a people turning into? Spying on each other relentlessly for what? In case a few idiots are planning to destroy something all the while our lives and privacy are an open book for all to see and up for sale to the highest bidder? As an American citizen I am quickly loosing all my rights. I can be labeled an enemy combatant of someone doesn''t like me and then they can come and take my chattels (I have no property) toss me in a dark cell never to be seen again and never know why I am being held. Is the Russian gulags - Our fomer arch enemy because of inhuman treatment of people? You broke the law Mr. Bush by telling the telecom companies to spy and now you get retroactive immunity for them. Why do we bother having laws, Bush and Cheney don''t have to follow them! The Congress and Senate have been complicit and we no longer have a free society or any reason to go to war or to pay taxes. What is our MO for fighting for this country and what does it stand for now a days - can you tell me? We have become the enmey -facism - and you may see a long line of Americans wanting to leave for better shores.
Reply to this comment
by deacon20081 July 9, 2008 7:26 PM EDT
The congress is allowing Bush and Cronies a Free Pass.
How dare they expect us to vote for any of them in the future. They all need to go.
Reply to this comment
by oneamerican- July 9, 2008 7:27 PM EDT
FISA reform passes, 69-28.

Obama votes yes - sides with the White House and Republicans.

How about that.
Reply to this comment
by airmanc5 July 9, 2008 7:31 PM EDT
OBAMA is a scam, a b ig eared, flip flopper. Now this ******* is saying that WE have to learn spanish, hey last time I checked, this was America and we spoke english. Let the illegals that OBAMA protects learn english, another ******* democrat, trying to sell this country. Latest poll on Democrat congress 9% this is not a misprint 9% Since Nancy Pelosi and Harry Reid took over congress with the promise of better high paying jobs and LOWER gas prices, we have LOST 400000 jobs and Gas has gone up almost 2 dollars a gallon Democrats are scam artist.
Reply to this comment
by jntlw-2009 July 9, 2008 7:32 PM EDT
Perhaps Ron Paul and Dennis Kuciich should team up and run. I would vote for them!! Forget the to major parites - they sold their souls to the devil.
Reply to this comment
by jntlw-2009 July 9, 2008 7:36 PM EDT
My country was born on July 4, 1776 and what a proud and wonderful moment it was. It died on July 9, 2008 and it was a very sad event! No funeral services as no one wants to attend!
Reply to this comment
by dante805 July 9, 2008 7:37 PM EDT
Another Obama Flip-Flop - now he voted for wiretapping, before he was seeking the nomination he voted against it and with Radicals like Feingold, schumer, Kennedy, boxer, durbin, Tester and Reid. Way to change positions O-bomb-i-nation
Reply to this comment
by rlenham-2009 July 9, 2008 7:39 PM EDT
It is about time....
Reply to this comment
by frootloop47 July 9, 2008 7:46 PM EDT
Looks like a good comprimised bill to me.
It brings the 30 year old FISA up to current times.
It is not a perfect bill, but no comprise EVER suits every one.

The big win is that the BUSH Administration can''t go around the FISA court. There will once again be oversight over all wiretaps.

Grow up kids!
Btw Hillaryin012, the Telecoms had immunity in the OLD bill.
Reply to this comment
by architekker-2009 July 9, 2008 7:49 PM EDT
Obimama fooled you this time huh? Boy, he sure does flip flop quiet a bit!
Reply to this comment
by oneamerican- July 9, 2008 7:50 PM EDT
FISA reform passes, 69-28.

Obama votes yes - sides with the White House and Republicans, and protects the telcoms from frivolous lawsuits.

How about that.
Reply to this comment
by kayaker1963 July 9, 2008 7:53 PM EDT
What stops the President from going around FISA frootloop47? Really, tell me what stops him. He went around it before, nothing was done. What in this world makes you think he won''t go around them again, tell us please!!!
Reply to this comment
by architekker-2009 July 9, 2008 7:54 PM EDT
Looks like Obama becoming more like Bush. Faith based, wiretapping, may let troops stay longer, etc. etc. Only thing is different is that he support live birth abortion. Call him OBusha! This man is confused what to side on!
Reply to this comment
by greatdrivew July 9, 2008 7:55 PM EDT
Obama is a backstabbing liar. Wake the hell up America.
Reply to this comment
by steeepe July 9, 2008 7:57 PM EDT
Sad day for the Bill of Rights. Good day for Orwell and Big Brother.
Reply to this comment
by architekker-2009 July 9, 2008 7:59 PM EDT
It''s good that Obama support majority of Bush policies which I would support, but I wouldn''t vote for someone that flip flops. He said everything against Bush policies bot voted for it? Whats wrong with him? He does opposite what he spokes.
Reply to this comment
by pepperp1 July 9, 2008 8:07 PM EDT
TGW writes and I agree

Update: Bush is on CNN crowing about the passage of his FISA bill. Obama did not vote ''present.'' As promised, Barack Obama voted for Bush''s FISA bill. Hillary Rodham Clinton voted against the shredding of the Bill of Rights. Final vote: YAYS 69 NAYS 28. Bush thanks you and the rest of the spineless Dems, Senator Obama.

Bush sends Pelosi and Obama a big wet kiss of thank you...........

......................Obama would be the 3rd Bush term a face a figure head with pom poms that swings which ever way the money comes willing to say or do anything to be Prez.......

....won''t happen the American people are smelling the puppet skunk Lew Pewwe thats French



Reply to this comment
by pepperp1 July 9, 2008 8:08 PM EDT
Btw Hillaryin012, the Telecoms had immunity in the OLD bill.


--------------------------------------------------------------------------------

Posted by frootloop47 at 04:46 PM : Jul 09,



FACTLY INCORRECT OR A LIE
Reply to this comment
by hangelle July 9, 2008 8:09 PM EDT
Those ball-less wonders!
Reply to this comment
by idnnsg July 9, 2008 8:16 PM EDT
This is what I''ve learned from our prezdent:

If you think I''ve broken a law (perhaps because I''ve been bragging to everyone everywhere that I broke the law many times, "for your protection"), then I demand that you change the law to make whatever I and my co-conspirators did legal, and I demand that the change be made retroactive, so it''s as if I never broke the law at all.

In other words: The law does not apply to me. I am my own law. There is no other law. In the words of GW Bush, "The Constitution is just a g-ddammmed piece of paper!"

Civilization is doomed. Democracy is dead. Long live King George the Imbecile! (NOT!!!)
Reply to this comment
by ariel133 July 9, 2008 8:17 PM EDT
The Air Force making improvements-

Appropriate and necessary step to improve the Air Force-what more can we say? That America is it!

Either you are with us or against us!

Without the Military we would not be here. I commend & honor those who fight for us and for those support our country.

A War- sometimes is neccessary to keep our FREEDOMS.

God Bless.
Reply to this comment
by shoebox119 July 9, 2008 8:28 PM EDT
Goodbye 4th Amendment, hello American neofascism.

Shame on you, Barack Obama, for buckling under political pressure by voting for this piece of un-American legislation. I may have to rethink my current support of you.
Reply to this comment
by gracianp July 9, 2008 8:30 PM EDT
OK Time to replace all the traitors:
Since all Repuglicans always vote numbingly together against all of us all the time, time to reject them ALL.
But what about the Democrat back-stabbers?
There is now a group dedicated to getting real patriots, real Americans elected, and in the process replace DINO''s aka Bush Democrats with REAL Democrats!
They have just identified the first opportunity of the election season to paint our Congress DEEP blue. Not light blue. Not pansy blue. Not fake blue. DEEP blue.
Please provide the funds needed NOW to make this happen.
Please donate what you can to elect a true American who will NOT stab us in the back.
Voting day is imminent. DO IT NOW!
And spread the news!
http://www.democrats.com/regina-thomas-uses-your-money-for-final-ad-blitz
Thanks!
Reply to this comment
by bobnjersey July 9, 2008 8:49 PM EDT
["This president broke the law," declared Sen. Russell Feingold, D-Wis. ]

but mr. feingold ... if the president believed he wasn''t breaking the law ... it''s not really breaking the law ... cause he thought he was within the law ... because his lawless lawyers told him so.

at least that''s the argument his supporters will use ... like the one they use for all the other lies ... if he thought it was the truth ... it wasn''t a lie.

so all is ok ... and forgiven, no?
Reply to this comment
by demwatcher July 9, 2008 8:55 PM EDT
HEY, LIBERALS:

Bushie beat ya again!
Reply to this comment
by vnveteran72 July 9, 2008 8:57 PM EDT
"This president broke the law," declared Sen. Russell Feingold, D-Wis.

No *****....

At least ONE Federal Judge has said it doesn''t matter WHAT legislation they pass, it is Criminal, and therefore Unconstitutional, and will be struck down.
What could make Democratic Reps turn Treasonous against the Citizenry and vote for this Illegal bit of Neocon Nazi Treason???.......They must have lots of mighty embarrassing tapes and e-mails......
Reply to this comment
by wardoglrs July 9, 2008 9:03 PM EDT
In the name of patriotism, we have participated in a planned deception to create a state of permanent war. In the name of profit, America has been sacrificed on the altar of the god of war, to create a global empire based on the mass-marketing of death. JFK
Reply to this comment
by wardoglrs July 9, 2008 9:04 PM EDT
"If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks and corporations that will grow up around them will deprive the people of all property until their children wake up homeless on the continent their fathers conquered. The issuing power should be taken from the banks and restored to the people, to whom it properly belongs." - Thomas Jefferson, Letter to Treasury Secretary Albert Gallatin
Reply to this comment
by impeach__w July 9, 2008 9:04 PM EDT
The telecoms get immunity but everyone in the
US who was convicted with evidence from wiretaps using NSL without FISA may appeal and or go free. That evidence is illegal the judge ruled.- another bush victory
Reply to this comment
by impeach__w July 9, 2008 9:05 PM EDT
http://www.cbsnews.com/stories/2008/07/0
4/national/main4233932.shtml

July 4 (CBS/AP) A federal judge said that President Bush does not have the constitutional authority to overstep the law establishing the government%u2019s ability to conduct warrantless wiretaps on American citizens.

U.S. District Court Judge Vaughn Walker on Wednesday said that when Congress passed the Foreign Intelligence Surveillance Act in 1978 it established the "exclusive" means for engaging in wiretaps, and that the president in his capacity as commander in chief could not evade that law. The appeals court sent the case back to Walker to determine if the privilege is trumped by the Foreign Intelligence Surveillance Act. Walker did rule that FISA does trump the state secrets privilege:
"Congress included in the FISA bill a declaration that the FISA regime, together with the Omnibus Crime Control and Safe Streets Act of 1968 %u2026 were to be the %u201Cexclusive means%u201D by which domestic electronic surveillance for national security purposes could be conducted. %u2026 This provision and its legislative history left no doubt that Congress intended to displace entirely the various warrantless wiretapping and surveillance programs undertaken by the executive branch and to leave no room for the president to undertake warrantless surveillance in the domestic sphere in the future.
Reply to this comment
by wardoglrs July 9, 2008 9:06 PM EDT
"Only a virtuous people are capable of freedom. As nations become corrupt, they have more need of masters." Benjamin Franklin.
Reply to this comment
by wardoglrs July 9, 2008 9:07 PM EDT
"Neither the wisest constitution nor the wisest laws will secure the liberty and happiness of a people whose manners are universally corrupt." Samuel Adams.


%u201CUnfortunately, nothing will preserve [liberty] but downright force. Whenever you give up that force, you are inevitably ruined.%u201D Patrick Henry


%u201CCourage is reckoned the greatest of all virtues; because, unless a man has that virtue, he has no security for preserving any other.%u201D Samaul Johnson


%u201COne of the penalties for refusing to participate in politics is that you end up being governed by your inferiors.%u201D Plato


%u201CThe danger is not that a particular class is unfit to govern. Every class is unfit to govern%u201D
Lord Acton.

I predict future happiness for Americans if they can prevent the government from wasting the labors of the people under the pretense of taking care of them. Thomas Jefferson


"The principle for which we contend is bound to reassert itself though it may be at another time and in another form."-Jefferson Davis, President of the Confederate States

Michael Delavar,

I would remind you that extremism in the defense of liberty is no vice! And let me remind you also that moderation in the pursuit of justice is no virtue! --Barry Goldwater
Reply to this comment
by impeach__w July 9, 2008 9:07 PM EDT
The telecoms get immunity but terrorists or anyone in the US who was convicted with evidence from wiretaps using NSL without FISA may now appeal and or go free. That evidence is illegal the judge ruled.- another bush victory indeed
Reply to this comment
by impeach__w July 9, 2008 9:12 PM EDT
Supreme Court Justice Louis Brandeis also wrote: "The government is the potent, omnipresent teacher. For good or ill it teaches the whole people by example. To declare that the end justifies the means - to declare that the government may commit crimes - would bring terrible retribution."

When you can''''t get justice in Court or Congress and your government is has a criminal conspiacy with your phone company, better head over to the Gun store... It''''s now the only way to protect your rights under the constitution. These Dubious "National security letters" are not at all legal and never were.
Mudrose is a complete idiot. I went thought educating him all day friday. It''s hopeless.

"Experience should teach us to be most on our guard to protect liberty when the Government''s purposes are beneficent. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers. The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well meaning but without understanding."
J Louis D. Brandeis, dissenting in Olmstead v United States, 277 US 438, 479 (1928).
Reply to this comment
by greatdrivew July 9, 2008 9:13 PM EDT
When will you Obama-cultists finally wake up?

When your little fairy tale ends, you''ll finally see that Obama is a complete fraud.

His attempt to explain his FISA flip-flop as a policy "disagreement" is disgusting!!

And his argument that we''re expecting too much when we expect to never disagree with him is offensive!!

Only Obama is calling his flip-flop a disagreement. Informed progressives on the other hand, are calling it what it is: a lying stab in the back.

We already made agreements, Barack: As you put it, we don''t need the government spying on Americans, and we don''t need Scooter Libby justice.

But Obama has already broken both those, and many other, promises, and now seeks to slickly explain it all away. As if we''re a bunch of slack jawed idiots.

He''s a double-talking fraud, who''s going to get eaten-up domestically and on the foreign stage.

And when it happens, I will say I told you so. Just wait.

Vote your conscience, progressives.

Find and vote for a trustworthy third-party candidate.
Reply to this comment
by oneamerican- July 9, 2008 9:38 PM EDT
It''s looking like Obama is aiming to be Bush''s third term...

Are you liberals sure of who you will be voting for?
Reply to this comment
by vnveteran72 July 9, 2008 9:39 PM EDT
dieatreme, this is the exact nonsense and excuses you liberal freaks have! you just made my case even better! you want to see this country come down to it''''s knees because we want to deffend ourselves, it is like someone trying to get into your home, you havea gun, but a liberal would say, "don''''t shhot, let him kill you!" I''''d empty the gun on the unwanted prick! I''''m glad I don''''t listen to liberals!


--------------------------------------------------------------------------------

Posted by zgomer at 06:27 PM : Jul 09, 2008
+ report abuse

You obviously have NO idea of what has just occurred. Further evidence of the low IQ and ignorance of the Mouth Breating Droolers of the Neocon Nazi Reich Wing.
FISA was in force the entire time Shrub has been in office. This was about him IGNORING the Law to ILLEGALLY spy on ALL Americans, every single phone call, every single e-mail, for the last 7 Years, and recieve what amounts to a Pardon for his Crimes, which under Current Law, are FELONIES.
Try getting an education before addressing issues which are beyond your limited ability to understand.
Reply to this comment
by vnveteran72 July 9, 2008 9:42 PM EDT
What reason would Democrats, including Obama, have for supporting and allowing to go unpunished, Felonies committed by this "President"???
This is the question of the Century that needs to be answered.
Reply to this comment
by impeach__w July 9, 2008 9:59 PM EDT
CBS news justs sucks. It took them 5 hours to get this story up after everyone announced had it. Then the six o''clock news gives the story barely 1 minute during the last 7 minutes of the show! UnAcceptable!
Reply to this comment
by impeach__w July 9, 2008 10:00 PM EDT
http://www.cbsnews.com/stories/2008/07/0

4/national/main4233932.shtml

July 4 (CBS/AP) A federal judge said that President Bush does not have the constitutional authority to overstep the law establishing the government%u2019s ability to conduct warrantless wiretaps on American citizens.

U.S. District Court Judge Vaughn Walker on Wednesday said that when Congress passed the Foreign Intelligence Surveillance Act in 1978 it established the "exclusive" means for engaging in wiretaps, and that the president in his capacity as commander in chief could not evade that law. The appeals court sent the case back to Walker to determine if the privilege is trumped by the Foreign Intelligence Surveillance Act. Walker did rule that FISA does trump the state secrets privilege:
"Congress included in the FISA bill a declaration that the FISA regime, together with the Omnibus Crime Control and Safe Streets Act of 1968 %u2026 were to be the %u201Cexclusive means%u201D by which domestic electronic surveillance for national security purposes could be conducted. %u2026 This provision and its legislative history left no doubt that Congress intended to displace entirely the various warrantless wiretapping and surveillance programs undertaken by the executive branch and to leave no room for the president to undertake warrantless surveillance in the domestic sphere in the future.
Reply to this comment
by lemonskink July 9, 2008 10:00 PM EDT
Today, Congress drove another nail deep into the coffin of a once great nation. Arlen Spector mouthed off about how it was a national embarassment, then voted for the bill. This is how a politician works to screw America. You will be wire-tapped regardless if you are suspect of anything. Privacy is gone. Wear your flag lapel pins proudly, and scream how great a nation you are, in reality, you know it is all a lie.
Reply to this comment
by lemonskink July 9, 2008 10:00 PM EDT
Today, Congress drove another nail deep into the coffin of a once great nation. Arlen Spector mouthed off about how it was a national embarassment, then voted for the bill. This is how a politician works to screw America. You will be wire-tapped regardless if you are suspect of anything. Privacy is gone. Wear your flag lapel pins proudly, and scream how great a nation you are, in reality, you know it is all a lie.
Reply to this comment
by oneamerican- July 9, 2008 10:00 PM EDT
It''s really looking like Obama is aiming to be Bush''s third term...

Are you liberals sure of who you will be voting for?


This must be what Obama meant when he said "Change"...
Reply to this comment
by lemonskink July 9, 2008 10:02 PM EDT
Casey and Spector both of PA voted for the bill for the person from PA who wanted to know. Let them know the people will do everything in their power to see they never are in public office again.
Reply to this comment
by bedwetter777 July 9, 2008 10:03 PM EDT
What reason would Democrats, including Obama, have for supporting and allowing to go unpunished, Felonies committed by this "President"???
This is the question of the Century that needs to be answered.---vnveteran72 at 06:42 PM

I don''t know. I guess the telecoms bought him off or they''ve got some embarassing information on him that they obtained through the illegal wire taps. Watergate is now legal and has been going on at least since 9-11-01 and possibly as early as Feb 2001 because that is when the Bush administration supposedly first approached Qwest about wiretaps. Embarassing information gathered through the illegal wire taps may be why the dems have been so spineless about impeachment also. If so, then we are no longer a democracy.
Reply to this comment
by oneamerican- July 9, 2008 10:04 PM EDT
It''s really looking like Obama is aiming to be Bush''''s third term...

Are you liberals sure of who you will be voting for?


This must be what Obama meant when he said "Change"...

Or maybe Jesse Jackson really did what he threatened to do to Obama...
Reply to this comment
by lemonskink July 9, 2008 10:06 PM EDT
Tap the White House, and by the way, where are the missing emails? Can''t you people see what is happening here? Are you that blind? This is protection of the people sworn to uphold the Constitution and to represent the interests of their constituents.
Reply to this comment
by vnveteran72 July 9, 2008 10:09 PM EDT
"I sit on the Intelligence and Judiciary Committees, and I am one of the few members of this body who has been fully briefed on the warrantless wiretapping program. And, based on what I know, I can promise that if more information is declassified about the program in the future, as is likely to happen either due to the Inspector General report, the election of a new President, or simply the passage of time, members of this body will regret that we passed this legislation. I am also familiar with the collection activities that have been conducted under the Protect America Act and will continue under this bill. I invite any of my colleagues who wish to know more about those activities to come speak to me in a classified setting. Publicly, all I can say is that I have serious concerns about how those activities may have impacted the civil liberties of Americans. If we grant these new powers to the government and the effects become known to the American people, we will realize what a mistake it was, of that I am sure."

Russ Feingold: American Patriot and Hero

Senators who voted for this Legislation: Criminals and Traitors
Reply to this comment
by canyoutellme-2009 July 9, 2008 10:13 PM EDT
Obama... SHAME on you... i''m am utterly shocked... i backed you all the way... then you go and VOTE for this? Shame on you... now i really do NOT know who i''m going to vote for... and i was behind you 1000000000%

What a sad day.
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