rejected a request to block the laws. in a recent court filing an organization that runs several organizations said it would resume providing abortions after six weeks if a judge issued the order we saw tonight. the news continues tonight. i want to hand it over to chris for "cuomo prime time" i have brand new reporting in the petito case. i know why there was a renewed search for brian laundrie because police found a new clue. we'll go through what it is, what it could mean and the latest on the laundrie family's legal situation in a moment. first, i know the news seems unrelentingly negative but instead of cataloging the latest step down, here's the real question we face. it's not about what to do. it's about whether the will exists to do what must be done. the question for you to be asking is why does nothing get better? another school shooting. most shrug it off. i used to be at almost all of them. now we rarely travel to them because you only notice them if there's a shocking number of dead. that's the truth. today no one died at timberview high school in arlington, texas, but there they are in the morning, supposed to be in the place they should be safest. thank god no one was killed. four were hurt. three taken to the hospital. a fight in a class, a teenager opened fire. an 18-year-old suspect is in custody, with a .45 handgun. under texas law you got to be 21 to carry a gun. the laws don't work. 2021 is on pace to be the worst year for gun violence in decades. more than 14,000 dead from guns, just this year. no movement on national gun legislation. if you're lucky, your state does something. i don't even know what laws would make it better. check all sales? no more semiautomatic rifles like the ar. maybe, but i doubt we'll ever know. we choose instead to literally kill ourselves at a greater rate than ever before. why? the united states has now recorded our highest increase our nation's homicide rate in modern history. the rate rose 30% between 2019 and 2020, according to data from the cdc. the fbi has similar numbers. went from about six homicides per hundred thousand in 2019 to 7.8 per hundred thousand in 2020. the rate still remains about a third below the rate in the early '90s, but it's a sharp spike. why? for context, the steepest increase prior to this one was 20%. that was from 2000 to 2001. guess why, because the september 11th terror attacks were homicides. now, are there politics to play here? sure. but they're not being played right. people are blaming biden for this on the political right. this happened on trump's watch. you know, once again, it's like, oh, we're not going to let them spend. we won't raise the debt ceiling. it's about the spending you did. biden's responsible for 3% of it. these crimes are not happening on biden's watch. the crime rate on biden's watch is actually going down. the homicide rate is abhorrent and it was developed during trump if you want to point to that but i think that's not the real direction. the real direction is why. what does this say about us? it's a problem for all of us to solve if there is an us. an us, meaning a collective will to be better, better than just to sit and watch others fail. think about this. in a world of threats and tyrants and terror you know what our biggest enemy is in america? our fellow americans. the pandemic is positive proof of that. the number of new covid cases, going down. deaths, did you know that deaths this year already surpassed 2020's? 352,000. now we're higher than that. and we have vaccines. how can we be dying more after we have what keeps you from dying? we have what can save us but far too many are still until the anti-vaxx camp, digesting misinformation, literally making themselves sick. listen to what happened when republican lindsey graham tried to encourage some of his constituents to get the shot. >> if you haven't had the vaccine, you ought to think about getting it because if you're my age. i didn't tell you to get it. you ought to think about it. 92% of the people in the hospitals in south carolina are unvaccinated. >> false. >> this is what happens when you feed the fires of ignorance and animus. they are at a point where facts don't match their feel, forget it. booed for suggesting to think about getting a vaccine. our politics reflect our national forced failure. this is where we are. and it is all preventable. deaths from covid, no brainer. deaths from guns, no brainer, but not as simple and we're not a law away. we don't even try. and the question is does anyone want better? you rush to yes, right, good, i want to also. but then why are we forcing all of this failure on ourselves? why is everybody's pitch for power about how the country will be getting worse? let's discuss with a much better mind, michael smerconish. first, let's start with what should be the easy answer, do you believe there is the will to make things better in america? >> well, first of all, good evening, debbie downer, i mean, holy crap, really? i share your frustration, but my glass is half full. call me naive, i still believe there's more that unites us in this country than divides us. you would just not know it from looking at the political class, but chris, i'm telling you anecdotally and based on data, i believe there's more commonality in this country than you would otherwise suspect, and i can cite the data for you. i can point to the polling information, yes, some of the issues that you've identified seem insurmountable, if we could only dislodge the loudest voices and take back from them the real conversation in this country, i remain convinced that we could actually get things done. >> i guess we have to figure out what the definition of we is because i'll give you your point all day long, michael, in terms of on the local level. communities all across this country galvanize, they come together. they help each other in ways big and small. we see it all the time, but that doesn't translate to the national and the pandemic will stand the test of time in history as one of the greatest if not the greatest failure in american history. you had the way to get better, and you intentionally made yourself sick. our vaccination rate is the lowest among people with the level of vaccine access that we have. why, michael? >> well, i think partisanship has a lot to do with that. i think like so many other issues we suited up in our usual armour because we heard leaders on opposite sides of the spectrum telling us either to get vaccinated or to be vacc hesitant, and unfortunately too many followed the latter. i look at this facebook story this week as the microcosm of all that chris cuomo is describing. from a variety of different angles, we are rewarding conflict. conflict sells and agreement is cast aside. it's all about eyes and ears and mouse clicks and getting people to hang in there larngly because whoever is -- largely because whoever the spreader of information has a profit motive to keep us going back for more. and we need to recognize that about ourselves before there can be any progress. look, you mentioned the gun issue. we're saddled with a second amendment in this country. there are other institutional factors that are weighing against us. it's dark money, and closed primaries and a half dozen other things that i could rattle off but look at the data of morris at stanford, he documents in the last 40 plus years, there hasn't been a sea change on issues or ideology among americans. we haven't had some radical change in our position on the death penalty or abortion of the social safety net. we are where we were before. it's who's orchestrating the conversation, and that's what upsets me the most. >> the only thing i would add to the gun conversation, we're not a law away from fixing it. there is a culture of violence. there's a culture of homicide in this country we can analyze. we have more guns than anywhere else, and somebody is going to pull out a random study that says we're really not anymore violent when it comes to anyone else. we are when it comes to gun crimes, and the suicidal, homicidal tendency, and it's something in our culture we need to discuss and have better minds figure it out. the question is why aren't things getting better? that was biden's pitch, right, i can heal, i can heal. we look at his poll numbers. he's upside down. he's got 45% approval at best, right. different polls say different things but he's under water. why do you think he's under water and what do you think that means? >> let me address your first question. i think the problem is i believe something you and i have in common is that we're both very passionate, although we're centrist or independent. i don't want to speak for you. you can speak for yourself, but we're a bit unusual in that regard, and i think that while most of the country is vested somewhere toward the center, center left, center right, doesn't really matter, you'd never know it because these are the folks who take a pass on getting involved. who puts up the yard sign, who writes the check, who rolls up their sleeve to get signatures for a candidate. it's far left folks and far right folks. there needs to be engagement by those of us who are somewhere in between because we could have the votes. look at gallop, look at the data. more people identify as being independent in this country than look at republican or democratic affiliations. so we're here. there's strength in numbers, if only we would exercise it. >> so why do you think biden is under water? >> i think biden's under water because he doesn't have a victory he can point to. i think that democrats blew it by the end of last week, not giving him the $1.2 trillion victory, and instead holding back and hoping that they can get a 3.5 win that i don't know that the majority of americans are really supportive of. i think to go back to where i began, a large part of the country is wondering how are we going to pay for all of this. he should have taken the win, so beyond saying i'm not donald trump, and i've restored some semblance of normality to this conversation, like really what can he point to, we're out of afghanistan, it came with a pretty significant cost at the end. nothing's gotten done on infrastructure, nothing's gotten done on a new voting rights act. there's a lot of things he's promised he hasn't been able to deliver. and frankly he better start herding cats and getting progressives to play ball with moderates or we're going to head into 2022 and it will be even worse. >> you're right about his task except i would flip the suggestion, i think you have to get the moderates to play with the progressives because biden's with them on the spending and the only thing i don't understand, michael, the spending is popular red and blue north and south, every place every face. these programs when you talk to people, you know, that's what they're beating joe manchin over the head with. you go to west virginia and ask the republicans, trump won by 40 points, do you need help with day care, do you want free community college, document help with prescription drugs. everybody is yes on the spending bill categories, why do you say people don't want it, price tag? >> i want all of those things. i'm looking at different polling data if you're suggesting the country is lock, stock and barrel on his side on this. i don't think so that's the case. if you ask any american if you want community college or the other things you've identified for free, the answer is going to be yes but sooner or later we have to pay the piper. we haven't had a conversation in this country about debt since simpson bowles in 2010 on obama's watch. >> it will never happen. >> chin up. my message for you is chin up. don't be so despondent. there is good news out there if you just read these tea leaves. >> yeah, i don't agree. i'll tell you why. i'm an optimist, otherwise this would be my last show because the reality ain't enough, michael, and the life that comes with it sure as hell ain't worth it. what i'm saying is i believe that the effort is worth it because there's better to come. i'm saying right now, we need to ask ourselves why aren't things getting better and i think the simple answer is because we are insistent on making them worse. and you have to look at it macro. right now, everything is about seeing someone else fail in the larger kind of discussion of our politics, that's what's got to shift. the question is what will make it shift. and that's why i brought you on, and you just beat me up for my disposition, which is okay. i had a good day. i caught one of the biggest fish in my life. last point to you, then i'll go. >> let's stop incentivizing not getting things done. let's start rewarding achievement and accomplishment, old school, get to congress, bide your time, establish seniority, become a committee chair and pass something. >> yes. >> not be a superstar because you said something bombastic and raised a boat load of money. >> amen. amen. i tell you what, you get rid of these parties and have multiple instead of just two, you would have a different spectrum, more stake holders, you would have a better system. you don't have to change the constitution to do it. >> the fish was this big. it was this big, i'm told. >> i will send you a picture of the fish and you can decide for yourself how big it was. i'll tell you what, though, you both had the same haircut. i'm coming back with more on the brand new information on our watch, a new clue in the man hunt for brian laundrie. this matters, and there's also information out there that i don't think matters. we'll go through both next. we have breaking news in the >> tech: when you get a chip in your windshield... trust safelite. this couple was headed to the farmers market... when they got a chip. they drove to safelite for a same-day repair. and with their insurance, it was no cost to them. >> woman: really? 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now, that goes to a huge aspect of speculation and curiosity about this story, about what the parents knew, when they knew it, and why they refused to communicate with the petito family, and why they won't speak to authorities about what may or may not have happened between their son and gabby petito. cnn has reached out about this information to north port police, they say the fbi is the lead on the case and would be the ones to confirm new details. fbi has not gotten back to us. let's bring in joey jackson, always good to have you, brother. this is the kind of thing they are looking for right now, some trace that the kid is actually there. i have to believe that even if they did find remnants of a camp site that it's very different than finding him. but this is what the search is all about, right? >> yeah, there's no question about it, and so obviously you may find remnants of a camp site but the question becomes whose camp site. it's a large world and so we can't automatically presume and assume that it's his. i think investigators in my view, chris, are doing three separate things. number one, obviously they are still really dealing with the autopsy issues relating to the first point of issue here, the victim here, gabby petito, information relating to her, what they found, what the autopsy shows, what the crime scene shows. i think number two, chris, they're presenting that information before the grand jury and three, to circle back to your initial point with respect to finding brian laundrie, they want to find them, they need to find him if they ought to bring him to justice. the issue is whether there's someone to find or whether something, you know, some other thing happened to him which would be obviously meaning that he wasn't alive, and so a lot to ferret out. a lot for investigators to do, but we can't speculate because there were remnants of a camp site that they had any connection or nexus to brian laundrie at all at this point without further information. >> right. i mean, look, i think it is a possible step for them, but i think we would know if they were anywhere close to finding him in that location, and we haven't seen that. gabby petito, we know her body was found near a used camp site. that goes once again, joey to this active passion that this may well have been someone she was familiar with. this is where she was staying. this is where she was. she wasn't found buried somewhere. and that goes to brian laundrie, a finger at him, also a finger at his family. people can't get past when they were saying we don't know where the kids are and won't talk to police about what may have happened. that has to mean they knew something, and that something must be something bad. >> you can't blame people. let's talk about before we get into the niceties of the law, human nature, which you and i discussed. you talk about a relationship between two parties. that relationship was supposed to be predicated upon love, mutual respect, trust, protection, and so you're the one person who was with their daughter, would you not think or believe you would have information that would help the police to find her if you believe she was alive or to protect her in some way, and so if you don't reveal that information, right, human nature would suggest now let's get into the law of circumstantial evidence, consciousness of guilt, state of mind of the party, that would all suggest if you're not part of the solution, sir, you're part of the problem, and so you can't blame people for i don't think they're jumping to a major conclusion than drawing an inference, if you didn't insist, it must mean you did something wrong, and i would hasten to say if i were prosecuting a case, that's the inference i would ask a jury to draw. not there yet, but this is a circumstantial case so far. >> 97% of cases are going to be circumstantial. you talk about the family, they changed the time line, how did they get a day wrong. my reporting hasn't changed. the lawyer, the authorities, the lawyer is not the issue here, it's the timing, and yes, they were told not to talk, and they changed the time line. look, if the feds believe they changed the time line by buying this kid a day, you can't lie to the feds, it's a crime. we would see something moved on them real fast. my reporting remains the same, the night of the 13th or morning of the 14th, the federal authorities were told that the kid hadn't come home. what they did with that information, when they communicated it at all to the north port police, that's on the feds. not on the family. do you believe the time line change makes a difference, and do you believe the family is staring at any kind of legal exposure? >> so, chris, it has to make a difference, right. going back to the issue of human nature which we lawyers always say you know this very well, right. we argue common sense and good judgment. there are certain events in your life you cannot forget. your son leaves, do you not know what day of the week that would be, the day you got married, do you not know what day that is, your birthday, how about that, there are certain days on a time line that are so significant as a matter of human experience, when it's altered, was there some nefarious reason to why. my take is it's high apply problematic at best, and criminal at worst. last point, chris, and that's this, you know, i'm not ready, well, i'm almost there in terms of indicting the family but -- >> on what? >> i would have to think that they would -- when i say indicting them, i'm using that -- i have to be careful in a layman's term. with respect to what they knew, what they didn't know, what they shared, what they could have shared, what they specifically did and what they did not do. >> even if they know, everything, joey, that's not a crime. >> it's not a crime at all. but it would be a crime in the event, let's talk about hindering prosecution, let's talk about obstruction of justice, accessory after the fact. what do those terms mean? >> nothing if you don't put charges against brian laundrie. >> that will be contingent upon whether he's found, right, that's number one, but i think with regard to the family, in the event you know information and you're giving faulty time lines, that's obstructing justice. >> they may have messed up their dates, apparently they did. if the authorities, the federal authorities, the cops were told, the local cops on the 17th. and that got everybody set. he has been missing since monday, and you don't tell us all this time, why, why, do you mean if the reporting stands that they told the federal authorities night of the 13th or the morning of the 14th that the kid was not coming home what difference does it make if they mess up the dates? >> the difference is what we call, not to get fancy, is it a material misrepresentation. again, you have to establish that you knowingly and willingly misrepresented. >> that's what would trigger a federal offense of lying to the fbi. i'm with you. i'm just saying if they told the cops when they say -- if they told the fbi when they say they told the fbi then i don't know how the fbi could be upset about this. but we'll see. joey jackson, i appreciate you, you are a better mind. >> not better than yours. thanks. >> that's the first thing you've ever said that's false on this show. what's going on in idaho, there's a feud between the state's two top leaders. its governor goes out of state for a short trip, the lieutenant governor swoops in, takes power, and takes action. now, it's a very interesting question, did she have the right to do it? 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>> it could be political. >> any good flak, did you hear his guy there, we have to go, governor. we have to go. they never want the people in power to answer tough questions. that's like that person's job. the lieutenant governor was on the radio this morning saying it is her job. listen. >> we are the second in command of the state of idaho that if anytime the governor leaves the state or god forbid something were to happen to the governor and we pray for his safety and well being every day that i would be, it's my obligation and duty to step forward and be the commander of the state. >> mcgeachin made those comments to our guest, kevin, good to have you, brother. >> chris, great to be with you. big fan. >> so what do you make of this situation? what's really happening here? >> well, chris, in idaho, the republican party has a super majority so the republican party is so big that the primary is the general election as we've seen in other states, you have the governor who's a pragmatist, but he's an establishment guy going up against the liberty folks led by the lieutenant governor janice mcgeachin, they don't like each other. it's getting personal, and it will continue to get personal. this happened in may, the first time the governor left the state, she signed an executive order eliminating mask mandates in the state. when he returned, he scolded her publicly and rescinded the order, and he just arrived back tonight so he rescinded the order already. >> mcgeachin, thank you for correcting me, i apologize. in terms of what this says about the state of play of party politics on the right side of the aisle, what's your take? >> well, again, you have the governor who has the business community and the governor's a pragmatist, governor inslee has criticized him, there was never a statewide mask mandate. never a vacc mandate. the governor is shrewd in how he handles things. on the other hand you have people like the lieutenant governor, he hasn't done enough. he empowered health districts, and she has called and others in the liberty movement within the republican party of idaho have called for the end of the state of emergency. he has not rescinded that because, chris, as you know, there is big money from the feds from covid relief. >> yes, and if you don't do what they want you to do you don't get the relief money obviously. >> kevin, looking at you a little bit, you are a real conservative. you are what i only used to know as a conservative. now it's changing. liberty party seems to me to be code really for fringe/trump. as a real conservative or what it used to mean to be conservative. >> right. >> what is your take on this power struggle and how it is being reflected, really, in the gop overall? >> well, chris, that's a great point. i may be conservative from the old days, a populist, a social conservative. the liberty movement is let's legalize marijuana, eliminate aid from the federal government, it's extreme, and they don't have a problem expressing that. there have been a lot of protests as you've seen, mask mandates and the others, and the establishment, they have the money, the control, what do they do, they try to squash t and we'll see that in the primary where not only do you have the lieutenant governor, but you have a familiar friend of yours ammon bundy running in idaho as well. >> i think he brought a dead lamb on my show once to make a point about what was happening on his ranch, and we wound up getting into a fight about why the lamb had died because he was obviously keeping himself from feeding his animals. this is going to be an interesting laboratory about which way your party is going to go. you don't their this that often but the way idaho goes may be the way the gop goes on the national level as well. we'll be watching. kevin look forward to having you back, good luck, brother, and thank you. >> thank you, chris. >> here's a question that you only would be asking these days given our politics, have you seen this former trump aide? that's dan scavino of twitter fame. congress has been looking for him for more than a week. why? because he is dodging, apparently, a subpoena, why? because he doesn't seem to want to talk about what he knows about january 6th. why do this if there's nothing wrong about january 6th. can we expect more of this and what happens if they don't comply, subpoena is latin for under penalty. a true bolo, next.rkforce ov ernt out of convenience, or necessity. we can explore uncharted waters, and not only make new discoveries, but get there faster, with better outcomes. with app, cloud and anywhere workspace solutions, vmware helps companies navigate change-- meeting them where they are, and getting them where they want to be. faster. vmware. welcome change. why choose proven quality sleep from sleep number? because staying healthy isn't always easy. but quality sleep is scientifically proven to help improve your overall health and wellness. and it couldn't be easier! the sleep number 360 smart bed helps you fall asleep faster by gently warming your feet. and it helps keep you asleep by sensing your movement and automatically adjusts to keep you both effortlessly comfortable. the sleep number 360 smart bed is on sale now. bolo, be on the lookout for dan scavino, trump's white house deputy chief of staff. congress can't find scavino to physically serve him with a subpoena to come and testify. he's one of four trump aides subpoenaed by the committee nvrging the january 6th attack on the capitol, in addition to other trump allies, involved in planning the rally that day. let's bring in elliot williams to figure out where this goes. the elusive scavino, we know what's happening here, this is not uncommon. the only way to quash the subpoena is if there's no true legislative purpose behind it. there is. what do you think happens next? >> you're absolutely right, chris. the problem, if he has a basis -- let's go into fantasy land for a moment, and he has an argument that this is illegitimate, there's a way to challenge it, you go to court. you don't just take your ball and your bat and your documents and go home. it is a disrespect of the process and congress and we have seen it frankly before, and we're seeing it again here. >> but what do you think it suggests about what we're going to see from trump folk in terms of how they regard this? >> yeah, look, i think, chris, if there's anything that president trump will go down in history for among many things, it's disrespect for congress as a coequal branch of government and we're seeing it yet again with the subpoenas with stalling and delaying and not showing up. look, congress has ways of fighting this. they can, number one, file a lawsuit in civil court to enforce compliance, two, they can go to the attorney general and seek criminal contempt charges, and there's also this old, you know, more than a century-year-old process of inherent contempt that congress can go down. they have tools, and they're trying to move quickly, and i wouldn't be shocked if they went down the road of pursuing one of them. >> if they're trying to buy time whom does time favor here? >> you know, it's really hard to say. it's clear that the committee really really wants to move quickly, chris. look, i think it's been about 14 years, i have been working in and around congress, and i have never seen a congressional proceeding moving this quickly. they have a deadline tomorrow for documents, testimony next week, there's another deadline for documents next week. testimony the week after that. it just doesn't move this quickly, and clearly congress has a huge interest, this committee, in getting this done and getting it wrapped up by the spring sort of what we have all heard. congress really needs to move, so perhaps they're penalized a little bit or they suffer a little bit if there is a delay but i still think just based on the schedule we have seen thus far, they're being very aggressive and aren't going to let up on if the president and his allies are going to not comply with the these subpoenas. >> true bolo, be on the lookout for dan scavino. elliot williams, thank you very much, appreciate it. >> thank you, chris. despite january 6th and the incessant lies, support for trump is only growing within his party. you can call me debbie downer like smirk did but the question is the same why can't anything get better. can the wizard of oz answer why the negative seems to be growing? 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harry henton here with the numbers. whiz, prove it. >> pew research center poll just out today, should trump remain a major political figure nationally? 67% now say they should among republican leaners. that is up from 57% back in january 2021. so we're seeing that support grow. now, let's put this more in a historical comparison, right, and look where trump is right now versus four years ago when he was president and compare it to where he was just as he was launching. a majority -- he's the majority choice for first choice, 53%. that's a little bit lower than it was in october 2017 when he had the incumbency advantage, but he starts out at a much higher level when he was just at 3% it seems so long ago. >> i don't think the june thing works anymore. oets he's been president since then. how does this support around him compare to presidents when they lost an election? >> yeah, i love this because normally when you lose an election -- >> you're a loser. >> you're a loser. but here's the thing, he's a winner in their mind. look, he's in first place compare that to h.w. bush. he was in fourth, carter was in third after 80 and even ford was only in second place. so that was a very, very tight contest. so this is historically very unusual. i know the next question in your mind might be why is that. remember because in the republicans' minds he's not a loser. they think 2020 was fraudulently selected. and at least in our own cnn polling a fair majority believe he actually has a best chance of beating the dems. >> so the reason that i did the idaho story isn't just that i want kevin miller's beard but because what will win the soul of that party? the fringe trumper or will the real conservativers? so on a national level you look at a cheney, you look at a romney. i won't include kinzinger in there yet because he's a little green, but what do you think? >> trump is the message that wins right now. the fact is if you criticize donald trump you're not welcome in the republican party. if you look at polls what do you see should the gop be accepting of officials who critique trump, the clear majority 63% say not to. and look at that, that not to or not at all accepting has grown since march of 2021. we've seen that support for trump has grown and support for basically kicking those folks out of the party who critique him has also grown. >> so what we know at this point one of the best arguments for biden in the primary was none of you people can talk to the people who are angry and frustrated and disaffected and who believe this country's being taken away from them personally and collectively. i can. it doesn't seem that he's been able to build that bridge thus far. >> no, he hasn't been able to build that bridge so far. i mean, the fact is we know joe biden's approval rating is at the lowest its been in his presidency. we know the support in the gop is growing. we know among independents now joe biden's approval rating is now at the lowest point in his presidency, minus ability 20 points. that's about equivalent to where trump was. the answer so far is not really, no. >> so now let's really test your wizard credentials. what do you see as what could change the state of play both for a biden and for whomever his opponent is even trump? what would be two big events to look for? >> i think number one we know the vast majority of voters right now don't believe joe biden's accomplished much. so i'm going to be watching both those pieces of legislation being negotiated right now in the united states house and senate, both the $1.2 trillion bill, the infrastructure bill and the $3.5 trillion, the large social structure bill. the other thing i'll be looking at is the same thing wave been looking at the last two years, that is the state of the economy and covid. if both of those get better i think biden's approval could go up. >> the whiz, thank you. take a break and when we come back, the hand-off. this is worth. that takes wealth. but this is worth. and that - that's actually worth more than you think. don't open that. wealth is important, and we can help you build it. but it's what you do with it, that makes life worth living. principal. for all it's worth. the name's bond... james bond. 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