the far left aclu is suing the state on behalf of this convicted child killer. hoping to force the state to use taxpayer money for his agenda affirming surgery. jonathan richardson is also known as autumn cordell lyons, was convicted in 2,001 for the death of his 11 month old stepdaughter. he was sentenced to more than five decades behind bars. the aclu legal action comes after the new indian a lot about that in july bar the department of corrections of using taxpayer money to fund reassignment surgery for prisoners. the aclu argues the new law is a violation of the 8th amendment prohibition on cruel and unusual punishment. claiming and a statement, quote at this point gender affirming surgery is necessary so that her physical identity can be aligned with gender identity so the gender dysphoria can be eliminated. for some persons including the plaintiff the surgery is a medical necessity. by prohibiting this surgery and regardless of medical need it violates the 8th amendment. paul, many people find this entire scenario sickening. but the whole point of the legal argument is the cruel and unusual twists, and the fact that taxpayer dollars are going towards us what you say? >> is incredible, so the aclu is really lost its way. when you think historically ask some of the things they advocated for, they were really the quote unquote good guys. now this is what they are getting involved in? the first thing that occurs as the following they are a well-funded organization. if you feel so strongly about a pay for an array? there is no constitutional right to become another person. there is an enumeration in the constitution that all of us have the right to become somebody else and it's on the taxpayers to do it right? that could be some comedy else i will become elon musk, i don't expect the taxpayer to pay for it. ridiculous, it is not a right, and getting involved and stuff that is outside their lane, and the real tell that they have become a progressive sieve aggravates a group, as opposed to somebody who's concerned with liberty right? which is right in their title. is the fact that they never speak up on things that are really in the wheelhouse. as in that's a twitter of censorship. now that goes right to the first amendment and the reason the first amendment's first, it is our most important enumerated right. and the bill of rights, where are they on that as you? where are they now on the issue now this expose vast deafening silence. >> molly, for most of the incarcerated individuals, they don't get to have that winds or accommodations paid for let alone accommodated for or accounted for. so, if it's not even fit for human consumption enact is to live to everyone in prison why should taxpayers have to fund eight reassignment surgery the aclu argues is necessary to pick this is something to watch, with just over 1200 transgender individuals estimated to be part of the federal, the federal prison population. then you think about some of the state populations and other populations that number could be higher. last year, the aclu, won a case against the federal bureau of prisons on behalf of a transgender gender woman. who was imprisoned for threatening to use a weapon of mass destruction. she ultimately won, and her attorney says that she received the care that she got and asked for her gender affirming care pick up something to watch the because potentially this could have reaching repercussions and cost quite a bit of money because the surgery is estimated to be between anywhere between $10,050,000. now, follow-up care which can be pricey. >> taxpayers paid to defend the lawsuit cheryl, i find it interesting that employers are not on the hook for gender reassignment surgery? that is a reasonable accommodation on the constitutional basis that we are entitled to his employees, so why should the department of corrections be on the whole? why should americans be on the hook for this? >> why should tax be used be on the hook for something that is this person's choice, to be clear it is not medically necessary. aclu, they don't really care who they pick, this is the phase of who they want to use. but they are trying to do it by bringing this up in indiana is there trying to basically step on the voters in the elected officials of indiana. that don't want this, they have made it clear. but the aclu does not care, you think of a murder rate being the face of the lawsuit that is horrible. i also want to say they make a great.about the cause. it should not be on the back of taxpayers. when you pay your taxes at local, state, federal taxes you are paying for your rose to be cleared you are paying for police, fire, for sanitation. you are paying for the things that everybody enjoys. but not everybody enjoys or is going to have the opportunity or even wants gender affirming surgery or transgender surgery. i think that if i was a taxpayer in indiana i would be furious at this. but to paul's point, the aclu has become progressive politically it is a political action committee. it does not have to do it right anymore. >> i think spending so many i was in federal prisons and jails, to see the kind of things that are stripped away from prisoners on a daily and regular basis. i had a client who was in her 60s, a female, incarcerated in a federal penitentiary, her hormones she was on estrogen for menopause. that was taken away from her. so she was never put back on it. eyeglasses, certain prescriptions in the light. and i just cannot wrap my brain around the thought that the majority of the incarcerated are not tied into things that make our lives totally normal in status quo again, everything solitary confinement everything, and that these individuals argue that is constitutionally protected for them to have a gender reassignment $25,000 upward surgery? what is the sense in that? >> as you guys talk to, i think there is sort of a general theme. that is the warping of institutions for what they were originally intended for like the government to pave your road. you know filling potholes. to have them become something totally different, as paul raised is ideologically motivated, look at the military, the military is there to provide for the common defense peace through strength and now we as taxpayers are paying for the surgeries, these elective surgeries as you point out cheryl, to be done on military members. it is the warping of these incredible institutions. you know penitentiaries as we said people within them actually to do something that is aligned with frankly whatever the fault left is spouting today. aclu, they used to have a shred of credibility this brings it to absolutely 0 in my estimation. >> deciding life liberty and the pursuit of happyness was a guarantee. you get with a new car or toaster is not a guarantee folks it just something the government is supposed to get out of the way she can do that stuff. that is what they've spent. >> indiana attorney general told foxnews digital regarding the lawsuit. that the taxpayers they want their tax dollars going to things that benefit their family with the state has a whole not surgery. to reverse inmate god-given gender. he on to estimate the cost of the surgery from 10,000 up to $150,000, saying it is not necessary medical treatment. it is an atrocity this should be common sense which is something aclu continuously ignores. >> that is right. it is an atrocity and indeed as that amplification. all right guys coming up, we are waiting to hear from president biden on the troubling new jobs and numbers. as a new report shows more than 60% of americans are living paycheck to paycheck. more on that next. okay everyone, our mission is complete balanced nutrition. together we provide nutrients to support immune, muscle, bone, and heart health. yaaay! woo hoo! ensure with 25 vitamins and minerals and ensure complete with 30 grams of protein. ♪ my a1c was up here; now, it's down with rybelsus®. his a1c? 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[applause] >> you know even a week ago jerome powell the fed chair he said, he was out west and he said inflation is still too high. somebody in the old administration admits inflation is too high but it is working pick. >> exactly, and kamala slipped up and she talked about this in the context of abortion, she was saying americans are more hundred dollar unexpected expense away from bankruptcy. so yeah i am feeling this in my pocketbook correctly the first speaker that we just watched there and it hurts. so you look at prices up 60%. wages and income have yet to keep a spirit so this i think in the heritage foundation institution would agree. this one is a result of borrowing and spending by the government and then creating money out of thin air. we often say hey what is the definition of insanity doing the same thing over and over, and expecting a different result, it's not working and the result is always the same. and we are feeling at the grocery store pick. >> and literally is going to be at work again soon, i spoke with someone and we will have that discussion tonight on foxbusiness, he told me that interest rate for the 30 year mortgage are going to head to 8%. >> it is frightening cheryl, we have been talking as a group of those how that are in it home, are never going to leave. and everyone who tries to penetrate the market are unable to, and the left touts a housing shortage they have told that crazies that affects low income americans what why can't they address inflation, why can't they address 100 the% cause behind it. instead aoc inflation says propaganda. well, we do want to go over to the white house right now. president biden in the august jobs report now for the rose garden the system. >> once more when i took office the unemployment rate was 6.3%. nonpartisan congressional budget office predicted that it would not get below 4%. until the end of 2025. now, unemployment and the unemployment rate was below 14%. for the last 19 months. the longest stretch in over 50 years. we recovered all of the jobs we lost during the pandemic. we have added a million more new jobs. more than 700,000 people, joint the labor force last month. which means the highest share of mortgage age americans are on the force now than at any time in the past 20 years. people are coming off of the sidelines. getting back to their workplaces job satisfaction is higher than it is been in 36 years. we have been and we received record lows in unemployment for african americans, hispanic workers and veterans. workers with out high school diplomas. and the lowest unemployment rate in 70 years for america's women the same time inflation continues to fall. it is now around 3%. one third of what it was one year ago. in fact we learned yesterday that over the past three months. inflation will close was close to what it was before before the pandemic. incomes are higher now than they were before the pandemic. well, pay for low-wage workers has grown at the fastest pace for low-wage workers in two decades. remember, so much to get inflation under control we need a high unemployment and lower wages. i have never thought that was the problem. too many people having a job? or will working people making too much money. and now months and after months and months of bringing inflation down. at the same time adding jobs and growing wages it matters. and it is no accident, we came to office determined to build the economy in a different way from the middle and the bottom of not the top down. to move away from trickle-down economics instead of focusing on the middle class. the middle class does well, this is not hyperbole, when the middle class does well everyone does well. everyone does well. the wealthy do well, the poor have a shot in the middle class can't make a living. financial times wall street journal of your missing before started calling my plan and is about investing in america, and investing in americans. it is working. keep building it is empowering and educating workers, while the backbone of this country. i want to mention a few of my administration sepsis we to support workers by raising workers pay and helping were more workers get good paying union jobs. first, we propose a new rule to extend overtime pay for up to 3.6 million workers across the country. additional 3.6 million. here is why that matters. until now, salary workers who were not paid by the hour were often not guaranteed overtime pay unless they made less than 36,000500 and $68 per year. that was the threshold. if you are a fast food manager that made even 1 dollar more in salary you are not guaranteed overtime pay even if you weren't an additional 40 hour week. the new rules we propose this year this week, raise that threshold to $55,000 per year. that means a mom in north carolina who makes $37,500 a year has an executive assistant and sometimes works a 60 hour work week can now be guaranteed time and a half. when ever she over 40 hours in that week. plus, moving forward that salary threshold automatically will update every three years. so it stays up to date with wage growth and purchasing power. what would make it easier for workers to earn overtime in the future it would. the automatic update is something we did in the obama/five administration. my predecessor scrapped it. we work to bring it back. it will make a big difference for a lot of american families. next. thanks to inflation reduction act, which i might add not a single member of the other party voted for. making the most significant investment in clean energy, and combating the existential threat of climate change that has ever been made anywhere in the world. according to outside experts, the inflation reduction act is projected to create more than 1.5 million jobs, over the next decade. which i said when i was writing the legislation. this week, the department of treasury and the irs announced guidance on new tax incentives for companies that invest in clean energy. like building wealth through wind turbines and installing solar power. in the previous administration, companies got a tax cut and they could go wherever they wanted to including overseas and higher whoever they wanted in order to get that tax cut. but on my watch, we use tax cuts for companies to stay in america and create american jobs in america. for a variety of additional tax incentives for companies to pay their workers prevailing wages. wages you can raise a family on. and if you get, and if they hire registered apprentices like those trained and sponsored by unions that's what happens. some clean energy projects will still be worth millions of dollars. this is a major incentive to pay prevailing wage and higher union workers. it is good for workers, it is good for the environment, and his companies that are beginning to figure out it is good for the company's bottom line as well. plus, many audible auto companies, significantly ramped up investments in electric vehicles. the my and administration announced more than $15 billion in finding two funding help automakers to convert existing auto plants while training the existing workers good wages. giving them the first crack at the new and different jobs for elected vehicle versus combustion engines. bolstering the domestic supply chain. and ensuring that all manufacturing jobs remain good paying jobs including union jobs. the auto industry has long been a pathway to middle-class, that provided good paying jobs. i am knocking to let that change on my watch if i can help it. as anyone wonders whether union makes a difference, take a look at the new report from the treasury department. it is the most comprehensive look ever, at the impact unions have on our economy. and it concludes definitively that unions raise workers income, increase homeownership, increase retirement savings increase access to critical benefits like sickleave and childcare and reduce inequality. all of which strengthened the american economy. plus, even workers who aren't unions laid off see benefits from unions when they are strong. because unions raise standards across the workforce and industries pushing up wages and strengthening benefits for everyone. you've heard me say many times, wall street did not build america, the middle-class built america. and unions built the middle class. let me close with this, we face some pretty tough times in recent years. the pandemic, it took me on more a million friends and neighbors. a million fewer people sitting at the dining room or kitchen tables. people we raised and loved. people we grew up with. gone. the worst economic crisis since the great depression it was not that long ago, that 28 million americans were out of work. and the american people did not give up. they never give up. they have never given up. and today, we have the strongest economy in the world. the lowest inflation rate among major economies. 13.5 million new jobs. you heard me say before and i will keep saying it. my dad said a job is a lot more than about a paycheck. it is about your dignity is about respect, is about able to look in the eye and say honey as can be okay. and mean it. that dignity is coming back. two places all across the country. while i am proud of their historic registration that my the -- legislation that my administration is passing policies enacted, the real heroes in the story are american people american people. the ones getting up every day. putting their heads down and going out the door and going to work. they are the ones starting to move businesses that take our chances para hiring workers, fulfilling their dreams. three weeks ago, at a clean energy factory in milwaukee wisconsin, i met an ibew electrician who builds and repairs america's growing fleet of wind turbine engines. he said michael, in america with hard work and a little faith anything is possible. in america, with hard work and a little faith, anything is possible. that's what my father's generation believe, that's what these folks believe to. every day, across his country ordinary people get up into us ordinary things. thanks to them we will continue to grow the economy from the middle out in the bottom up. with good paying jobs more breathing room for families. in american workers, building industries of the future. they remind us of who we are, and i'm gonna keep saying this. we are the united states of america. there is simply nothing beyond our capacity. when we set our mind to it and do it together. have a good labor day weekend and god bless you all. >> ignoring shouted questions from reporters, in the row started at the white house that was president biden touting the august jobs report that we got the this morning at 8:30 a.m. eastern. the economy added 187,000 jobs pick the unemployment rate picked up in the country from 3.5% of book 23.8%. a couple things at present failed to mention. the fact that you had wages under expectations. touting wage gains we did not see that that was less than economy is expected also what he did not mention is that we got revisions to june and july 110,000 jobs were taken off of the roles. in that report that class this morning. also guys, i have to play out a couple of things in we didn't lose jobs in some sectors to be clear. and transportation and warehousing 34,000 jobs are lost. guess why? because a yellow trucking went out of business. the teamsters, put yellow trucking out of business. that was 30,000 jobs gone a piece of it of course was the actor stride that is happening in los angeles. but overall, i find it disingenuous when he talks about he is giving out these small examples of one worker. but overall, gas prices are probably going to be hitting a record this week and let's be clear. he did not refill the spr and oil is 82 bucks this morning. there's been serious economic mistakes as his president has made. he did mention that the pic. >> he is the cafeteria president when it comes to economics right now. he is picking and chooses those anecdotes as you said, but not paying attention over all the big picture which every american again feeling at the gas pump in the grocery store and in particular as we talk about the housing market. the american dream of owning a home is being snuffed out for jan z and millennial's over and over again really rich for him to mention the middle-class when he is actively targeting them for homeownership and they're not going to be able to buy a house. >> am glad you brought up middle-class molly, nearly half of parents right now are struggling to afford diapers. i do the inflation reports on foxbusiness to be clear every month let me tell you something cpi, that is what you pay at the gas station that's what you pay a grocery stores. those prices are going higher. and higher and higher, he did not mention epic. >> and the diaper thing, is such an impactful cost particular for low income families, but somebody making federal minimum wage diapers for one child can cost a% of total income. it is a phenomenal oak was a station in oklahoma talking about the heartland. national diaper bag network. which includes more than 200 local diaper banks one in three families or babies afford to buy enough diapers to keep things going. so, it is just one of those costs is a major cause for low income families in particular pic. >> emily take us on. >> the delta and between the lies being spouted by this of ministration and what americans are feeling on a daily basis is growing and growing. in the beginning the planet to my to work with some not working anymore, we know what we feel and it is pain and it is because of the administration. no amount of them whitewashing at the podium or at the lectern will help. >> all right, we've got a lot more coming up, don't tread on this 12-year-old, the school does an about face after telling child he cannot have that enduring icon of freedom the gaston flag on his backpack. there are places you'd like 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(soft music) every day, more dog people, and more vets are deciding it's time for a fresh approach to pet food. they're quitting the kibble. and kicking the cans. and feeding their dogs dog food that's actually well, food. developed with vets. made from real meat and veggies. portioned for your dog. and delivered right to your door. it's smarter, healthier pet food. get 50% off your first box at thefarmersdog.com/realfood >> the story out of colorado stretched too many people across the country, a school ordered a 12-year-old named jaden, to remove gadsden flag patch on his backpack. he had violated school policy, the flag is familiar to metairie it's a coiled rattlesnake in the phrase a don't tread on me. school administrators claimed the flag had quote origins of slavery. one staffer said it was disruptive to the classroom, in fact it's origin date to the revolutionary war. jaden and his mom pushed back and here is a part of the viral video and the initial confrontation with school administrators that went viral. >> do you know what gadsden flag is? this horrible flag? so the reason that they do not want the flag to wave. is due to its origins with slavery and slave trade. that is what was the reasoning behind it. the gadsden flag the don't tread on me. which is the gadsden flag. >> can he take it off the back and get back to class. >> i just want to get back in class, because we can't have that around the kids. >> it has nothing to do with slavery it's about the revolutionary war patch. >> so i am here to enforce the policy that was provided by the district. >> well colorado's democratic governor came to his defense. >> the don't tread on me flag at the gadsden flag flag is an iconic american flag is full and over units for the military. it's a good opportunity to go to the history and see the pride really as americans we should all take in the gadsden flag. the rattlesnake as ben franklin said, they never attacked first but they never back down. once they are in a fight, and a lot of americans identify with that spirit, but look it goes deeper, if we want the moral high ground abbey, to say that schools should not be banning rainbow flags on kids binders or backpacks to celebrate pride, we also have to say they should be banning free speech on the other side. >> now the school board is allowing the gadsden flag on his backpack and the school district released a statement saying quote, there has been national media attention on our chart is who the vanguard school related to a student having the gadsden flag in his backpack. unfortunately this story is in complete the patch in question was part of a half a dozen other patches of semi automatic weapons the students has removed. the semi automatic patch is the student returned to class without incident after returning the patches of semi automatics from the backpack. i actually reached out to the school board earlier this week, and to the vanguard overseen board, and a got a more clarity on the issue. they say the original patches with those items referencing weapons were removed and replaced with other patches that seem to be pictures that are circulating. but it was the flag with the gadsden flag that the student returned with on monday that caught the attention and they continue back and forth with employees there at the school. your thoughts? >> this is emblematic of the lack of education the lack of historical respect, and the capitulation to the woke social contagion that we have seen rapid why was schools. and by administrators and by school boards instead of having honest dialogue honest education and communication with parents. if you can get the gaston flag as your license plate in like 22 states i want to stay, alabama, virginia, kansas, maryland, south carolina and the like. this has been a symbol that has been used in extremist fashion by the left in the right. but that is part and parcel it is true and unrelated to the actual symbol itself. it is real historical significance in the fact that these guys use a 7-year-old as some type of symbol of extremism, or heat in any way is a sad state of education i would is, because it is anything but education. >> there is a part in the wireless change with the mother asked you know there a history teacher that you can look this up? i want to bring un, the democratic governor put out a statement saying it's a great teaching moment for a history lesson. >> so my first impulse here is to say where is the aclu? [laughter] right? right in their wills guys come on. the guys in fourth grade he needs a hand here is a guy that is vulnerable have amount. they history teacher was fantastic it goes the heart of it office it is more going on it and let me speak up for what you did. one of the things that i think is the nuances is the importance of the meaning and putting some light on the stuff the fact that you reach out got all of these details. this is the kind of stuff we are fed in narrative and were all supposed to buy into it right? this actually goes to some large issues that we are dealing with in the school. think about virginia right? virginia relative to the over an issue in the school. this is going to be a significant issue in the next election at the federal level to france in the white house. we have to remember that you know unfortunately there is an element of the progressive left who's coming for your children. i know it sounds terrifying it is really true. this woman does not know history and she's dictating. >> i'm glad you brought that of the new york post for the greater tory here's the line that is awesome attacking don't tread on me is the latest dunderheads. and it said where did this why go wrong? what did the history get messed up? is is basically because the tea party act the don't tread on me bennett during anti- obama protest. now it is racist, because they were waving it that year. which is again, a complete rewriting history again. >> this is why we need the flag. this incident actually demonstrates why the flag is so relevant. >> can we get the history right here? can we correct the record for my colleague at the heritage foundation the flag was dying by a south carolina debtor get to the congress in 1775, with help from another patriot benjamin franklin, we know him we love them, he became a colonel in the continental army. that liberated the country from the british army it was then used by some marines in battle. i talk about this in all the time, my father is a retired marine corps colonel we grew up knowing the history of the flag and what it meant. we even had gadsden flag t-shirts. and. [laughter] it is deprive the next generation of american citizens from understanding the greatness of their country through not teaching them the correct history that is a disservice to americans and that is the service to young preteens all across the country you should know who we are know about the inheritance and gadsden flag helps us do so. >> here we have another situation where appear ready to stand up for the child she was on it and now we all get a glimpse into the window know what parents across the nation face. up next elon musk blames in elite l.a. school for turning his daughter into a communist who thinks anyone british is evil. ♪ entresto is the #1 heart failure brand prescribed by cardiologists. it was proven superior at helping people stay alive and out of the hospital. don't take entresto if pregnant; it can cause harm or death to an unborn baby. don't take entresto with an ace inhibitor or aliskiren, or if you've had angioedema with an ace or arb. the most serious side effects are angioedema, low blood pressure, kidney problems, or high blood potassium. ask your doctor about entresto. more shopping? 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from a national security advisor robert o'brien on that. i am john roberts come join sandra smith and me as we take you into the weekend on america report to the top of the hour. >> elon musk is blaming a rift with his daughter on the progress of los angeles private school where he center. musk claims the crossroads school indoctrinated his daughter. turning her into a communist. she is reportedly cut ties with their billionaire dad. musk says quote, she went bang on socialism to being a full communist. and thinking that anyone which is evil. i've made many overtures but she does not want to spend time with me. musk's daughter is not the only notable alum of the crossroads school in l.a. stars like jack black, my rudolph, gwyneth paltrow, and jonah hill also went there. it's interesting coming off the heels of our discussion about elementary school a moment ago, now at the high school level the conversations about indoctrination. >> yeah, you know of us on the story makes me sad. when kids get older high school and college they go off to get exposed to a lot of new ideas. and it is not you know shockingly unusual, to have the liberal kid, the conservative kid in the more conservative parents at home. and see a rift, it makes me sad is an angel tale in a sense. but the school itself, reportedly, and annual tuition of $50,000 a year. so the idea that at least we are talking about a book that is yet to be published a biography. if this is all completely accurate. if this is actually what is happening, then of course there would be some irony in that. but we don't know, when the family dynamic is like this i don't know that we can assume that this perception of her reasoning between the rift is exactly accurate but is an age-old talent i had to see it happening. >> emily in the book that she mentions, that the author says more than anything in his life since the infant death of his firstborn child, this rift with his daughter has paint elon musk it is sad you only have one father. and she is refusing to talk to her own father. as far as the school, at this point whether it is private or public or charter, you know they cannot put a mask on the kid anymore, you can keep them at home, all of a sudden these schools have decided what is the next thing that we can do to make sure that we take charge of kids? what about the parents was in all of this? i think that was what the point is where is my voice why is my daughter listening to them and not listening to me as a parent? and giving he can't give her guidance she will speak to him. it is sad, but the school is wrong i think it is wrong for them to do this. to those kids. >> yeah he mentions the angel tale, i see it as a two-pronged eight oh tale as well. one of which the communist students favorite playbook page is agitation and indoctrination in universities and schools and also that people who can follow it nowadays, have the luxury of doing so. that is the whole.these kids are born with a silver spoon in their mouth and they have the luxury of turning them back in the father because the father is still alive. anyone who does not have a father would get anything they own to have when a man back. i sees this as a petulant spoiled child the result of the private school the result of the local community over there. i hope to get a sense knocked into her and she apologized to her father would you say paul? >> let me talk directly to elon if he's watching. elon relaxed she will be back all right? she can be a communist all she wants, you are the world's richest man okay? [laughter] your communal resume is a mile wide and is sick. let me get indoctrinated by the world and she will be like a daddy get some of this. that is coming but i agree with you emily. this is another failure of the schools, because she is not learning what communism is, let's take a very sort of empirical metric where has it worked? right? where exactly is this thing happen? you know what, if you feel so strongly you can buy a one-way ticket to north korea last i checked have fun. >> the you go, may be the communism did not take either on all of the alumni so you have according to the article kate hudson is a crossroads allowed my gwyneth paltrow, these are women who cofounded massive companies. gould, kate hudson fab lettuce so at least they don't hate rich people and they are pretty good capitalist maybe there's hope yet? >> i got to respect the tough love from paul over here. [laughter] >> that's because i don't have kids. i'm not that tough. 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