this morning the white house is figuring out its next move after a key component of its national strategy to fight the coronavirus was shot down by the supreme court. the court ruling against the administration's vaccine or test requirement for private businesses but upheld the mandate for health care workers that interact with medicare and medicaid patients. it's not just here in the u.s. the debate raging in australia. tennis star is facing deportation after his visa was claimed for a second time. the founding director of the national center for disaster preparedness and an msnbc public health analyst. good friday morning to all of you. what are the conversations going on at the white house about where the federal response goes from here? >> the white house was hardened the supreme court let stand the mandate for health care facilities that are taking medicare and medicaid funding. they are pointing to the fact that over the last year or so the aministration has been able to put in the vaccine requirements for the military, federal contractors. they have been able to cover part of society. the white house is frying to get businesses to voluntarily put in masking or testing or vaccine requirements for their own workers. we hearing-impaired from marty walsh, the labor secretary saying they will be reaching out to fry to get them to take the step themselves and provide what assistance might be needed in terms of resources to help businesses do that. i think we should point out, we're year into having the vaccines on the market. most of the low hanging fruit in terms of people persuadable have gotten the vaccine. it's real uphill battle to be able to get businesses to require that for their workers. in the meantime, the administration really putting their focus on what are these other tools that we can increase, including masks, the availability of high quality masks with president biden saying next week he will unveil details about how the administration will make masks available for free to americans and the first 500 million tests, at home tests the government has ordered set to be ready to go out to americans some time later this month. >> you talk about masks, talk about tests and those are important. if you talk to most administration health officials they will say this is pandemic of the unvaccinated. the key here is vaccine. the powers of persuasion, the way that josh has put it haven't worked to far. >> we are not going to solve, we're not going to control this pandemic in the absence of vast number, much larger number than we have getting vaccinated and fully vaccinated. the second thing, as far as the people who are unvunvaccinated, still, obviously the warnings from the health care community are not working. the only tool we have to deal with this is mandates. that's why many of us in public health were so disappointed that the 80 million plus people who work in large companies have been excluded from being able to be mandated by the federal government. that's a big blow to us even though we're happy about the fact that 17 million health care workers will be required to get the vaccine. >> what you have to do, may depend on what state you live in and there's plenty of corporations that have businesses in multiple states. what are you hearing from your contacts? what is their reaction? >> frustration. it's why the vast majority of corporate ceos wanted the mandates. they asked the government, can you put a federal policy in place because navigating all the different rules across each state is really cumbersome for them. there's all sorts of businesses that are keeping the mandate in place. remember, a private employer can do what they want. no shirt, no shoes, no service. they can set terms for employment and people they have fired because they didn't comply to the rules. they can't go back and say the rules have changed. an employer can do what they want. the one other reason they wanted to have the mandates in place is because it levels the playing field. for some businesses who are at risk of losing employees who would say, you're going to require the vaccine, i'm not going to work here. i'm going to work down the block. those business leaders wanted the rules set in place so they can take this decision off table. that's not the case. it's going to be more complicated navigating going forward. >> let me ask you about what we're seeing. we know there's been worker shortages because people are calling out sick because of omicron. some of the biggest drugstore chains are shutting pharmacies down and cutting hours. there's a terrible story about a guy who was trying to get pain medication for his wife and it took him 12 hours running around to different places to find place that would give it to him that was open and that was allowed to give him that level of drug. on the other hand, we see sells -- sales and profits for both companies up. are they having any luck fixing this staffing issue? are we going to see any change any time soon? >> it's not a staffing issue. it's business optimization. look at new york city. you can see a cvs or a walgreens, multiple of the same chain on the same block and a lot of these businesses have looked at their footprint across the country and just said, it doesn't make sense to have this many outlets. we don't need this many stores and especially with staffing issues that are to optimize your business, combine some of your locations. you've got to optimize your business and that's what they are doing. >> you wonder if this is the best time with to many people in need of their local pharmacy. that's a discussion for another day. with this surge in breakthrough cases from omicron, what do you say to the people who say the booster isn't necessary because we're all going to have this strain at some point. let's just get it over with. >> the icus are getting filled with patient who is are unvaxed and get very sick from omicron. an entire floor of covid patients was killed. most of them were unvaxed. there were some breakthrough cases. they are not paying attention at their on peril. it's going to take the vaccine mandates that the administration wanted to put through to really make sure that people are protected. not just individuals but individuals who have come in contact with those who are unvaccinated. >> thanks to all of you for this insight this morning. help is on the way for some overwhelmed hospitals in six states that are battling the latest surge. after the white house announced it will deploy military medical teams the need is urgent. the new york times reporting that hospitals are nearing capacity in about two dozen states and in 18 states in washington, d.c., at least 85% of beds in adult intensive care units were full. tell us wh the situation is at your hospital. what kind of conditions are you operating under? >> thank you for the opportunity to talk to you today. rhode island has among the highest rates of infection in the countr we have the only trauma center and the only comprehensive stroke center in the state. we have been dealing with staffing shortages. what we have seen over the last skix weeks is a dramatic up tick in number of patients with covid infection. this is resulted in a dramatic, dramatic challenge for us. we have about 5% of our staff that is out now. there's a couple of fgs and about a dozen nurses and a number of medics. they will be coming by next week and will be with us for 30 days which is perfect. we are expecting to hit the peak of our surge in next 7 to 10 days. then we hope that numbers would rapidly tail off so the arrival of military help is absolutely vital to us. >> i don't feel like we can emphasize this enough. people don't seem to get the fact of what their decision is having on medical personnel across the country. can you give us a first hand account of what your folks are seeing, living, experiencing every single day. >> about one in four of our patients in the hospital whether it's in the icu or the medical floors or the step down unit, only about one in four who have covid infection have been vaccinated. three quarters are unvaccinated. it's demoralizing for our teams to have to explain to families and patients that if only they had been vaccinated the likelihood they ended up in hospital is much less. what we're seeing is over crowding. we're running way over 100% capacity in our medical units. we needed to close icu beds. we needed to close down surgeries. we restricted elective surgeries and we restricted all surgeries other than emergencies. we're doing now only emergency surgeries so we can save beds and reallocate staff. urgent care is the only thing we're offering on the ambulatory side. what's happened is we have unprecedented number of people in the emergency department backed up waiting for beds and folks waiting in the emergency room or leaving without being seen because they can't wait any longer. it's very challenging for staff and although our staff are incredibly resilient and tough and gritty and focused, it's hard. >> i just wish they didn't have to be this resilient and gritty and tough. appreciate your time today. president biden's push to get voting rights legislation through congress is hitting a dead end. where did democrats go from here? we'll ask two report who are have been covering it all. shoppers finding empty shelves. we'll talk about some of the reasons why. some of the reasons why. narrator: on a faraway beach, the generation called "our greatest" saved the world from tyranny. in an office we know as "oval," a new-generation president faced down an imminent threat of nuclear war. on a bridge in selma, alabama, the preacher of his time marched us straight to passing voting rights for every american. at a gate in west berlin, a late-generation american president demanded an enemy superpower tear down a wall and liberate a continent. american generations answering the call of their time with american ideals. freedom. liberty. justice. for today's generation of leaders, the call has come again to protect our freedom to vote, to fortify our democracy by passing the freedom to vote act and the john lewis voting rights act because america - john lewis: we are not going back, we are going forward. 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(robert) thank you. subaru. more than a car company. it's time for our lowest prices of the season on the sleep number 360 smart bed. what if i sleep hot? ...or cold? no problem, the sleep number 360 smart bed is temperature balancing so you both sleep just right. and it senses your movements and automatically adjusts to keep you both effortlessly comfortable. so, you can really promise better sleep? yes! you'll know exactly how well you slept, night after night. we take care of the science. all you have to do is sleep. don't miss our weekend special. save up to $1,000 on sleep number 360 smart beds. plus, 0% interest for 36 months and free premium delivery when you add a base. ends monday. it's been nearly two years since the pandemic started. our students and teachers tried their best, but as a parent, i can tell you that nearly 18 months of remote learning was really hard. i'm so angry that instead of helping our kids get back in the classroom, the school board focused on renaming schools schools that weren't even open . please recall all three school board members now. for the sake of our kids, we can't wait one more day, never mind a whole year for a fresh start. mpblt now to washington and the end of what's been a very bad week for the biden administration and congressional democrats. chuck schumer pushing back his self-imposed deadline of mlk day, monday, to bring up voting right legislation. he doesn't have the votes to advance the bill or change senate rules to do so. arizona senator and west virginia senator delivering the one-two knock out punch. the president tried to get them to change their minds during a white house meeting last night but there was no breakthrough. the president promising to continue to fight even while acknowledging this effort may be over. sgla i hope we can get this done. the honest to god answer is i don't know if we can get this done. as long as i have a breath in me, as long as i'm in the white house, i'm going be fighting to change the way these legislatures have moved. >> this defeat couldn't come at the a worst time for the president. huge spike in covid infections. supreme court blocking the mandate, high inflation. threat of potential russian invasion of ukraine. where does this leave the white house? what are you hearing from folks inside? >> it was definitely a rough week for the white house in terms of news and things coming out and court battles and senate rules and cooperation. they continue to say they're going to be able to chew gum and walk at the same time. their focused on making all these things happen but there's a realization there are limits to what a white house, to what a president can actually do and how much sway he has over that. we saw that in jen psaki saying it's up to schumer to decide what the next steps are on the bill. that's something they have been pushing, trying to make clear to the american people. we are the only ones having issues getting manchin and sinema on board with the filibuster. this is democratic wide problem and a senate wide issue. president biden has been trying to lean on, i think to continue to say history has its eyes on everybody. the hamilton argument for this legislation and in the lunch they had yesterday, joe manchin turned that around asking about one of his own relationship with the filibuster or changing the filibuster and president biden told him according to a lot of people in the room, essentially, things have changed and the times have changed. they're going to continue to fight. it's unclear what the fight looks like because every one kind of can see the writing on the wall on where the votes will go. >> the frustration is pretty widespread. even among democrats who watched as senators sinema announced her option to change the rules like an hour before the president arrived on capitol hill. what's the sense of what happened here? is it among democrats that biden over estimated his powers of persuasion? is it something else? what are you hearing from democrats this morning? >> well, this is the third time that president biden has come to the hill trying to convince members to do something big and it didn't work. now, sinema's speech felt like a big slap in face to a lot of democrats. one senator told me after the lunch with president biden when i asked if senator sinema was in the room and senator manchin was. they said yes they were in the room which they were shocked about. they were thrilled they showed up. the party's extremely demoralized at this point. this is another thing they are struggling to get over the finish line with no path forward because of the same one-two senators. senator sinema's office tell me the timing of her speech had nothing to do with president biden coming to the hill saying she said nothing new in her speech. this was a position that she has reiterated. one she's had for a very long time. that's not how it felt to a lot of senators up here. the question moving forward is when chuck schumer moved forward, we know it's going to fail. is it only going to be senator manchin and senator sinema who opposed this rule change. i'm told it most likely will be just them two. the rest of the democratic party is on board. >> the white house will say we've accomplished a will the of stuff too. they will site the things that have gone right. >> they don't think that. they choose a decision and may move forward. the sausage making is hard and maybe in america people have to realize that the president can only do so much. when you have advocates talking about how much stuff he will do, the let down does hit harder for those folks. >> thank you both. have a good weekend. stay with msnbc for the coverage of the battle over voting rights. our fragile democracy. that's sunday 10:00 a.m. eastern, 7:00 a.m. pacific on msnbc. up next, stew leonard junior joining us to talk about why grocery store shelves are bare yet again and when we might see some relief. yet again and when we might see some relief. ♪ ♪ ♪ ♪ ♪ ♪ it's 28 past the hour and across the country, people have been going to their local grocery stores and seeing empty shelves, supply chain issues and staffing shortages due to the layest surge in covid piling onto what was already a challenging time for grocers. joining me now, stew leonard junior. a supermarket chain in the new york tristate area. >> good morning. >> in isn't the best of times right now what i see behind you there's plenty of product there. tell us what conditions are at your store right now. where are your big challenges? >> we have been through this since day one and this is the worst i've seen it. as far as the number of workers that we have quarantined at stew leonards, it was up to 8% which is 200 people. we're down to 20 people. we see that coming down but that has affected us worse than even during the pandemic. one of our buyers told us the company we buy ice from couldn't get plastic jugs. we've had to adjust and get ice melt in pail. we'll still have ice melt. >> you've got plenty you could complain about but i'm sure you're hearing it from your suppliers. give us some examples of the frustration that when we talk about supply chain. >> they all want to raise their prices. i talk to one of our farmers and he say i got to pull fuel in my tractor and it's costing me over 5 bucks a gallon. i can't eat all the costs. we said we'll split it with you 50/50. it's only a nickel or a dime or something like that but the farmer needs the money. we're going to work through it. >> what's going to have to happen so you see some relief, your customers see some relief. do you have an expectation in terms of a time line for that to happen? >> everybody is asking me what do you think will happen and i don't really know right now. the only thing i can say is i think there's a little correlation. here is something everybody was gobbling up at the holiday platter. we had a big party christmas and new years here. you could tell people wanted to get out and among their family and friends. i think we're seeing the repurr -- repercussions of that. we're seeing it at stew leonard now. we're seeing that to start coming down again. i think this is sort of a christmas new year's hump and we're working through it now. i'm optimistic for the future right now. >> i like to end on an optimistic note. thank you so much. appreciate that. >> all right. stay safe. thank you. happy new year. >> happy new year to you. let's look at the headlines out west. california governor has denied parole to robert f. kennedy's asassin even though he was recommended for parole in august. newsom reversed the parole board decision saying he poses an unreasonable threat to public safety. i don't know the governor penned an op-ed. what did he say and can he appeal? >> reporter: he will be scheduled for a new parole hearing no later than february 2023. his defense attorney did say that he will ask a judge to over turn newsom's denial. the governor said he carefully reviewed the case and agrees with the parole board. he noted decades after he refuses to accept responsibility. he was 24 when he shot and killed robert kennedy in 1968. he now says he doesn't remember doing it. at the time of the assassination, he did accept responsibility in a televised interview. the shifting in the narrative is one of the reasons he's denied parole. the governor stated, i have to determined that circumstances rhan has not developmented the accountability and insight required. i must reverse the parole grant. he added he's now 77 years old but he remains a potent symbol of political violence. the recommendation happened in l.a. county where the district attorney has made it a policy for prosecutors no t to attend the hearing saying the board receives the facts needed to make an informed decision which went unchallenged by the county. this is a progressive way to handle parole hearings. most of the kennedy family is adamant and insisting that he should be kept behind bars. six of the senators, nine surviving children, signed a statement urging the governor not to release him. >> also in california, the state rolling out new covid rules for workplaces today. what are they? >> these rules will take effect today as the state struggling with omicron infections. the state will require more stringent rules for employee testing and mask wearing. one is how employees will test after being exposed to covid in the workplace. the test will have to be taken in front of a supervisor or with a health care representative. cal osha is tightening its definition of what qualifies as a face covering. a surgical mask, a res practice rater or a tighten woven material of two layers. ta fabric mask must not let light through when passed through a light. >> we may need tissues for this next story. a seattle family reunited with the dog they thought they lost a week ago in terrible mudslide. what can you tell us about the reunion? >> reporter: this is unbelievable. a black lab was rescued in seattle almost a week after the home of the owners were partially destroyed in landslide. the owners said they had two dogs. one died and the second was presumed dead. here is the images of the dogs and you can actually hear the owner crying when the dog came out. the rescuer said the dog was trapped inside enough space for it to survive. they think it might have been drinking rain water all of these days. six days it survived and here is the moment when the owner finally cried seeing the dog alive. >> amazing story. we're always hear to see that wagging tail. thank you so much. later today, the founder of oath keepers will face the federal judge for first time in his role in the january 6th riot. we'll bring you latest on the most serious charges yet stemming from the insurrection. n it's the eat fresh refresh™ at subway®. there's so much new we don't even have time for this guy! but i'm tom brady! oh, and there's smashed avocado too! 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(vo) verizon is going ultra, so you can too. we're just hours away from a significant moment in the january 6th investigation. the first person to be charged with sedition. the founder of the oath keepers will face a federal judge. they were indicted yesterday for what prosecutors allege was a plot to storm the capitol and disrupt certiication of the 2020 election. four tech giants have been subpoenaed as they look to uncover more details about that day. joining me now is maya wiley. good to see all of you. not every day you see somebody charged with sedition. tell us the significance of this. >> first, i have to say reading the indictment, it's not a smoking gun. the importance of this is sedition is the use of violence to try to stop u.s. government from doing its job. in this case, impanelling a new president. this demonstrates just how organized violence on january 6th in order to stop is seating of president biden and keep donald trump in power. that raises a lot of questions. >> expect to see more. it's not just this case. as you read through this indictment, knowing what you know about this case overall, what stood out to you? >> it's clear that the enormous amount of lesser charges helped them build this case. this was built over a long period of time. they had already indicted several people you see in the sedition indictment. they already indicted them on lesser charges. they also gathered a tremendous amount of information from electronics. they are reading private text messages. we saw the first member of this dprup arrested right before biden was inaugurated. you see the last chilling messages about how they will continue to oppose president biden. really right on inauguration day. this was not only long running but it runs through inauguration day. you see that give up on mike pence and donald trump. they become frustrated with mike pence. they say he's not doing what we wanted him to do and they become frustrated with donald trump because they feel he's not giving them clear orders and they feel they need to take matters into their own hands. >> you see op the dark web and the places you follow surrounding the oath keepers and what happened on january 6th. >> it shows the stuff we saw before the 6th, that wasn't idle speculation, it was real plans. they were talk about things making stacks of 6 to 12 people. guess what shows up in this indictment, talking about making stacks of 6 to 12 people. they were talking about qrs, which is quick response forces. leaving guns outside the city limit and bringing them in once you secured the capitol for your own means. it was not role-playing. these people were trying to basically perpetrate a coup. that's what you saw these indictment. >> it raised a lot of eyebrows is this quick reaction force that ben just mentioned. what can you tell us about that? >> it's clear they were very cognizant of the fact d.c. law doesn't allow do you have weapons inside the city limits. they placed them all around the city. let us know when you think you need our back up and need armed people to go in and help. you see the way that members of the oath keepers are accused of stockpiling weapon over time in smaller amounts in various states. you don't want to buy $20,000 worth of ammunition. it happened in texas. it happened in other places. you see members being accused of stockpiling weapons even after january 6th. continuing to buy weapons with an intention per the text messages highlighted by the prosecutors to continue to resist president biden. >> maya, obviously as katie points out the government has been strategic, building on this case but there's still this ongoing, obviously january 6th committee and the washington poe editorial board published an op-ed calling for the subpoena kevin mccarthy. what do you make of that move? what's the argument for moving forward with it? >> the argument for moving forward is quite clear. it's the power of the constitutional power and the responsibility of congress to do its job which is to understand one of the most dangerous things we have seen in this country in 100 years, happening and getting to the bottom of it and understanding the degree to which sitting members of congress and the white house were engaged in what happened on january 6th. kevin mccarthy has made clear in his public statements not just in what is in messages that he was terrified. he had a fight with donald trump. believed it was wrong and believed donald trump bore responsibility. i think the question is both legal and a political one for the committee. that's what undergirds this. let me be clear, the ethics committee congress pass has and does subpoena members of congress on ethics questions. we have a situation the goes to the constitutional order of our country. it pertains to how we better protect our democracy. seems that's a strong case for subpoena a member of congress. >> three people who know this story well. thanks to all of you. we appreciate it. our next guest has been educated the public about covid since the beginning and then the virus hit his own family. a very personal story and the lessons in that for all of us, next. us, next em. so if there's a better treatment than warfarin that's a trail i want to take. eliquis. eliquis reduces stroke risk better than warfarin. and has less major bleeding than warfarin. eliquis has both. don't stop taking eliquis without talking to your doctor as this may increase your risk of stroke. eliquis can cause serious and in rare cases fatal bleeding. don't take eliquis if you have an artificial heart valve or abnormal bleeding. while taking, you may bruise more easily or take longer for bleeding to stop. get help right away for unexpected bleeding, or unusual bruising. it may increase your bleeding risk if you take certain medicines. tell your doctor about all planned medical or dental procedures. the number one cardiologist-prescribed blood thinner. ask your doctor about eliquis. subway® has so much new it didn't fit in our last ad. like the new artisan italian and hearty multigrain bread. it's the eat fresh refresh™ at subway®. it's so much new there's no time for serena! wait, what?! sorry, we don't even have time to say they were created by world class bakers! oh, guess we did! seriously?! my bad. dr. robert whopper in has been tweeting about covid for two years. he revealed how complicated it is to navigate the system even as a doctor. resigning ourselves to getting omicron doesn't seem right. it's an experience best avoided for you and your loved ones if you can. joining me now, dr. robert walker, chair -- walk us through your efforts to get your son treatment after he began experiencing symptoms. what were the challenges you faced? >> thank you. the reason i wanted to write about my son was not because his case was unusual, but because it was common. tens of millions of people are experiencing the same thing. i study this for a living. it is really hard emotional issues are hard. the processing the data and the evidence is pretty hard. so when he got sick, and he'd been pretty careful but let his guard down a little bit and got sick, i tested him. first, i had to scramble to find a test. it was hard to find a test in san francisco. tested him. he's negative on day one. you have to figure out what that means. it doesn't mean that much. we tested him day two. it's now positive. we know he has it. he's in isolation. i have to figure out what his doctor does he need medicines. you have to try to figure out his risk and are there medicines available and all those sort of things. and then the issue of when he comes out of isolation. the cdc says it's okay that he can come out on day five. but by that time, i had found some tests, and he was still testing positive which means he's still infectious. processing it gave me greater empathy for everyone going through this, the uncertainty. i think there's a tension between the data-driven doctor part of me and the emotional dad part of me what was the morning after he got sick. i called him at 9:00. he didn't answer. 10:00, he didn't answer. he's relatively low risk, but it crossed my mind is he okay? is he dead? i kind of broke into his apartment to be sure he was breathing. >> it's scary. you're not a doctor then. you're a dad and then a doctor. right? so is there something that you take away that you can tell other folks because there are so many of them watching now who are going through the same thing with family and friends or maybe themselves? >> yeah. first of all, you know, it's okay to feel all of these emotions. but the key thing is the risk for most people, although not all, but he's got three -- has had three vaccine shots. the risk that something terrible is going to happen is very low. not to overreact. it's also i think important to figure out somebody to follow who you trust who really does understand the ins and outs of the treatments, of the testing. it is really complicated. and i think i've seen people who just feel guilty because they don't really understand how to use the tests or all of the different issues. it changes about every hour. and so try to stay calm. most people, particularly if you're vaccinated will do perfectly well. it's a short-lived illness. for him he was sick five days and is doing better. but it is pretty tricky when you're going through it. >> and i think -- i don't want to say misery loves company, but it is helpful, i've found, to read through it. doctor, we're glad your son is okay and thank you for taking the time. that wraps up this hour for me. i'm chris jansing. craig melvin will pick up more news after this quick break. p me p me news after this quick break. even with these crazy lovebirds. [ squak ] alright i'll take the barstools! you can keep the birds. okay. y'all gotta hear this next one. kevin holds all my shirts and shorts. he even stuck with me through a cross country move. yeah, i named my dresser kevin. wow! i need a kevin that holds all my clothes. alright. i am sold. switching wireless carriers is easy with xfinity. just lean on our helpful switch squad to help you save with xfinity mobile. they can help break up with your current carrier for you and transfer your info to your new phone. giving you a fast and easy experience that can save you hundreds a year on your wireless bill. visit your nearest xfinity store and see how the switch squad can help you switch and save. get $200 off a new eligible 5g phone when you switch to xfinity mobile. talk with our helpful switch squad at your local xfinity store today. the pandemic made teaching and learning really hard. but instead of working to help students safely return to the classroom, the san francisco school board focused on renaming schools and playing politics. and they've even saddled our district with a $125 million deficit. our children can't wait for new leadership. here's our chance for a fresh start. on february 15th, please recall school board members collins, lópez and moliga before our kids fall even further behind. and a good friday morning to you. craig melvin here from msnbc world head quarters in new york city. here's a big question. can president biden get a win in 2022? his build back better agenda is in tatters and democrat's chances of passing voting rights legislation stands a chance of falling between the cracks. but one major priority is getting new attention. police reform. we have brand new reporting about the action that president biden could take as early as this month. on capitol hill, though, we've heard no from republicans on much of the president's agenda. a no to cooperating with the january 6th committee. that's from leader mccarthy. a no to participating in presidential debates. the rnc is weighing it. no to nart mitch mcconnell has leader. he might not get the backing from a high profile republican colleague. what it all s

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