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and as far as looking at the evidence, really it went higher at moody's than it went at s&p. at s&p, you have people pretty close to the top. and then at the top, the ceo saying, warning the board at one point that they may be risking the quality of their ratings by chasing profits. >> so as a legal case it sounds as though it may be not as strong against s&p, which did get sued but they down graded. what happened this week that brought our attention to it, because the lawsuit was filed in september of 2013 is this guy harold mcgraw iii, a powerful guy, files a declaration in a lawsuit. this is sworn testimony by this man who we were told earlier this week is not a political man. not somebody who is a shield for the left or right. and let's put it on board for what he is alleging under oath. that he got a call from tim geithner after the downgrade, and he says tim geithner says you have done an enormous

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