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Paul Merrell

Leaked Draft of Trump's Religious Freedom Order Reveals Sweeping Plans to Legalize Disc... - 0 views

  • leaked copy of a draft executive order titled “Establishing a Government-Wide Initiative to Respect Religious Freedom,” obtained by The Investigative Fund and The Nation, reveals sweeping plans by the Trump administration to legalize discrimination.
  • The four-page draft order, a copy of which is currently circulating among federal staff and advocacy organizations, construes religious organizations so broadly that it covers “any organization, including closely held for-profit corporations,” and protects “religious freedom” in every walk of life: “when providing social services, education, or healthcare; earning a living, seeking a job, or employing others; receiving government grants or contracts; or otherwise participating in the marketplace, the public square, or interfacing with Federal, State or local governments.” The draft order seeks to create wholesale exemptions for people and organizations who claim religious or moral objections to same-sex marriage, premarital sex, abortion, and trans identity, and it seeks to curtail women’s access to contraception and abortion through the Affordable Care Act. The White House did not respond to requests for comment
  • Language in the draft document specifically protects the tax-exempt status of any organization that “believes, speaks, or acts (or declines to act) in accordance with the belief that marriage is or should be recognized as the union of one man and one woman, sexual relations are properly reserved for such a marriage, male and female and their equivalents refer to an individual’s immutable biological sex as objectively determined by anatomy, physiology, or genetics at or before birth, and that human life begins at conception and merits protection at all stages of life.”
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    Let's not forget that it was the Obama Administration that threw First Amendment jurisprudence into disarray by arguing in the Hobby Lobby case that 501(c)(3) corporations owned by churches should not be required to obey the First Amendment. Now we see the result.
Paul Merrell

Trump signs order temporarily halting admission of refugees, promises priority for Chri... - 0 views

  • President Trump signed an order Friday to suspend admission of all refugees for 120 days while a new system is put in place to tighten vetting for those from predominantly Muslim countries and give preference to religious minorities. Trump said that the goal is to screen out “radical Islamic terrorists” and that priority for admission would be given to Christians.
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    What part of the Constitution's prohibition against religious discrimination does Trump not understand?
Paul Merrell

What the Third Circuit Said in Hassan v. City of New York | Just Security - 0 views

  • In Hassan v. City of New York, the Third Circuit yesterday emphatically overturned a New Jersey district court, which had dismissed a challenge to the New York City Police Department’s Muslim surveillance program. The decision is important not only for the New Jersey plaintiffs who brought the case, but also for its analysis of several legal issues that have dogged efforts to obtain judicial review of surveillance programs.
  • The threshold issue in Hassan was whether the plaintiffs had alleged injury sufficient to establish standing to bring claims that the NYPD’s surveillance of Muslim communities in New Jersey violated the equal protection clause of the Fourteenth Amendment as well as the free exercise and establishment clauses of the First Amendment. The Third Circuit ruled that the fundamental injury alleged by the plaintiffs — unequal treatment on the basis of religion — was sufficient to keep them in court. The court rejected as “too cramped,” the City’s contention that discrimination is only actionable when it results in deprivation of “a tangible benefit like college admission or Social Security.”
  • One of the most remarkable aspects of the lower court’s dismissal of Hassan was its acceptance of the City’s argument that any injury to the plaintiffs was not fairly traceable to the police. Rather, defendants argued, it was the fault of the Associated Press, which published a Pulitzer Prize-winning investigation of the NYPD’s surveillance of Muslim communities in New York and New Jersey. The court described this position — variants of which have been articulated in the wake of Snowden’s disclosures as well — as “What you don’t know can’t hurt you. And, if you do know, don’t shoot us. Shoot the messenger.” The Third Circuit wasn’t buying it. The primary injury alleged was discrimination, which was caused by the City, not than the press.
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  • Next up was the lower court’s dismissal of the case on the grounds that the plaintiffs had failed to state a claim. The plaintiffs had alleged that the NYPD’s surveillance program was facially discriminatory because it targeted Muslims. In response, the City had demanded information about “when, by whom, and how the policy was enacted and where it was written down.” But the court found the plaintiffs had met their burden, alleging specifics about the program “including when it was conceived (January 2002), where the City implemented it (in the New York Metropolitan area with a focus on New Jersey), and why it has been employed because of the belief ‘that Muslim religious identity … is a permissible proxy for criminality.’” In other words, the plaintiffs had sufficiently alleged a facially discriminatory policy even when they couldn’t identify a piece of paper on which it was memorialized. For civil rights lawyers concerned that cases like Iqbal and Twombly are closing off avenues for civil rights litigation, the Third Circuit holding provides some comfort. A key issue in the case was the NYPD’s intent in monitoring Muslims. The City had successfully argued below that it “could not have monitored New Jersey for Muslim terrorist activities without monitoring the Muslim community itself.” Its motive, the City argued, was counterterrorism, not treating Muslims differently. The problem with this argument, the Third Circuit explained, was that the City was mixing up “intent” and “motive.” The intent inquiry focuses on whether a person acts intentionally rather than accidentally, while the motive inquiry focuses on why a person acts. “[E]ven if NYPD officers were subjectively motivated by a legitimate law enforcement purpose … they’ve intentionally discriminated if they wouldn’t have surveilled Plaintiffs had they not been Muslim,” the court concluded.
  • The court then turned to whether, assuming differential treatment, the NYPD program was nevertheless justified on security or public safety grounds. It began its inquiry by examining the appropriate standard of review, concluding that it was appropriate to apply heightened scrutiny to religion-based classifications under the equal protection clause rather than simply to examine whether the City had a rational basis for its actions. Even though religious affiliation, unlike race, is capable of being changed, the Third Circuit agreed with many of its sister courts that it was of such fundamental importance that people should not be required to change their faith.
  • New York City had argued that the surveillance program met the heightened scrutiny standard because it was necessary to meet the threat of terrorism. In support, the City put forward its oft-repeated argument that a “comprehensive understanding of the makeup of the community would help the NYPD figure out where to look — and where not to look — in the event it received information that an Islamist radicalized to violence may be secreting himself in New Jersey.” The court was not convinced that this was a sufficiently close fit with the goal, finding that the City failed to meet its burden of rebutting the presumption of unconstitutionality created by plausible allegation of discrimination. Harking back to the World War II internment of Japanese Americans
  • the Third Circuit cautioned: No matter how tempting it might be to do otherwise, we must apply the same rigorous standards even where national security is at stake. We have learned from experience that it is often where the asserted interest appears most compelling that we must be most vigilant in protecting constitutional rights … Given that “unconditional deference to [the] government[’s] … invocation of ‘emergency’ … has a lamentable place in our history,” the past should not preface yet again bending our constitutional principles merely because an interest in national security is invoked.
  • Lastly, the Third Circuit rejected as “threadbare” the City’s argument that plaintiffs First Amendment free exercise and establishment clause claims failed because they did not allege “overt hostility and prejudice.” As with the equal protection claims, it was not necessary for plaintiffs to demonstrate animus. *     *     * In conclusion, the court reminded us that the targeting of Muslims, which has been a leitmotif of US security policy, was not new. We have been down similar roads before. Jewish-Americans during the Red Scare, African Americans during the Civil Rights Movement, and Japanese-Americans during World War II are examples that readily spring to mind. We are left to wonder why we cannot see with foresight what we see so clearly with hindsight — that “[l]oyalty is a matter of the heart and mind[,] not race, creed, or color.”
Gary Edwards

Byron York: Justice Department demolishes case against Trump order | Washington Examiner - 1 views

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    "James Robart, the U.S. district judge in Washington State, offered little explanation for his decision to stop President Trump's executive order temporarily suspending non-American entry from seven terror-plagued countries. Robart simply declared his belief that Washington State, which in its lawsuit against Trump argued that the order is both illegal and unconstitutional, would likely win the case when it is tried. Now the government has answered Robart, and unlike the judge, Justice Department lawyers have produced a point-by-point demolition of Washington State's claims. Indeed, for all except the most partisan, it is likely impossible to read the Washington State lawsuit, plus Robart's brief comments and writing on the matter, plus the Justice Department's response, and not come away with the conclusion that the Trump order is on sound legal and constitutional ground. Beginning with the big picture, the Justice Department argued that Robart's restraining order violates the separation of powers, encroaches on the president's constitutional and legal authority in the areas of foreign affairs, national security, and immigration, and "second-guesses the president's national security judgment" about risks faced by the United States. Indeed, in court last week, Robart suggested that he, Robart, knows as much, or perhaps more, than the president about the current state of the terrorist threat in Yemen, Somalia, Libya, and other violence-plagued countries. In an exchange with Justice Department lawyer Michelle Bennett, Robart asked, "How many arrests have there been of foreign nationals for those seven countries since 9/11?" "Your Honor, I don't have that information," said Bennett. "Let me tell you," said Robart. "The answer to that is none, as best I can tell. So, I mean, you're here arguing on behalf of someone [President Trump] that says: We have to protect the United States from these individuals coming from these countries, and there's no support for that."
Paul Merrell

Judge Indefinitely Extends Injunction On Trump's Muslim Ban - 0 views

  • On Wednesday a federal judge indefinitely extended a previously temporary restraining order against U.S. President Donald Trump’s so-called Muslim Ban executive order. U.S. District Judge Derrick Watson turned his earlier temporary restraining order into a preliminary injunction as part of an ongoing lawsuit against Trump’s executive order banning immigration from six majority-Muslim countries. The state of Hawaii launched the lawsuit claiming Trump’s revised executive order, issued March 6, perpetuates the same unconstitutional religious discrimination as the original executive order, which was overturned by a federal judge in January.
  • “The court will not crawl into a corner, pull the shutters closed, and pretend it has not seen what it has,” Watson wrote on Wednesday. While Trump’s lawyers claim the executive order does not discriminate based on religion, previous courts ruled against the order noting the president and his surrogates’ repeated public promises to impose “a total and complete shutdown of Muslims entering the United States.” Watson noted that his initial decision to grant the preliminary injunction was based on the likelihood that Hawaii would succeed in proving the revised executive order violated the U.S. Constitution’s provisions protecting religious freedom.
Paul Merrell

Giuliani: Trump asked me how to do a Muslim ban 'legally' | TheHill - 0 views

  • Former New York City Mayor Rudy Giuliani (R) said in an interview on Saturday that President Trump had previously asked him about legally implementing a "Muslim ban."But Giuliani then disputed the notion that the president's sweeping executive order barring refugees and people from seven predominantly Muslim nations amounts to a ban on Muslims."I’ll tell you the whole history of it: When he first announced it, he said ‘Muslim ban,'" Giuliani said on Fox News."He called me up, he said, ‘Put a commission together, show me the right way to do it legally.’"ADVERTISEMENTGiuliani said he then put together a commission that included lawmakers and expert lawyers."And what we did was we focused on, instead of religion, danger," Giuliani said."The areas of the world that create danger for us, which is a factual basis, not a religious basis. Perfectly legal, perfectly sensible."Giuliani reiterated that the ban is "not based on religion.""It's based on places where there are substantial evidence that people are sending terrorists into our country," he said.
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    So discriminatory intent without discrimination? That won't fly in court, which probably explains the rash of injunctions against the ban. But why is Giuliani admitting this? Is he trying to sabotage the order?
Paul Merrell

​FBI 'intentionally and unlawfully' used No Fly List to recruit Muslims as in... - 0 views

  • The FBI used a no-fly list to recruit four US Muslims as informants, violating their constitutional rights to freedom of speech, association and religion. That’s the claim being made by four US Muslims in a New York federal court Tuesday. Muhammad Tanvir, Jameel Algibhah, Naveed Shinwari and Awais Sajjad, who are between them either US residents or permanent US residents, are demanding that the FBI remove them from the no-fly list which contains the names of people who are not permitted to board a commercial aircraft for travel in or out of the United States, according to threat and intelligence reporting. "This impermissible abuse of the No Fly List has forced Plaintiffs to choose between their constitutionally-protected right to travel, on the one hand, and their First Amendment rights on the other," says the lawsuit.
  • One of the plaintiffs, Awais Sajjad, a lawful permanent US resident, learned that he was on a No Fly List in 2012 when he tried to board a flight to Pakistan. The FBI agents questioned Sajjad at the airport before releasing him. Soon they returned with an offer: he could work as an FBI informer and in return the agency would give him citizenship and compensation, the Washington Post reported. When he refused, the bureau “kept him on the list in order to pressure and coerce Mr. Sajjad to sacrifice his constitutionally-protected rights,” says the lawsuit. Meanwhile, three other complainants – Tanvir, Algibhah and Shinwari – said they were added to the list immediately after they refused to work as FBI informants for religious reasons.
  • The fourth plaintiff, Muhammad Tanvir, started taking action against the FBI in October 2013, after he refused to spy on his local Pakistani community. Now he can’t visit his ailing mother. Ramzi Kassem, associate professor of law at the City University of New York, told the Washington Post that “the no-fly list is supposed to be about ensuring aviation safety, but the FBI is using it to force innocent people to become informants.” Meanwhile, the lawsuit seeks not only the plaintiffs’ removal from the no-fly list but also the establishment of a more robust legal mechanism to contest placement upon it.
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  • Meanwhile, this is not the first No Fly List-related lawsuit against the FBI. In 2010 the American Civil Liberties Union (ACLU) attempted to sue US Department of Justice and the FBI over their barring of American citizens, including several veterans of the US military, who ended up on the No Fly List and have been denied entry to their own country. The No Fly List was created by the US government’s Terrorist Screening Center (TSC) after the September 11, 2001 attacks on the United States. In 2012, the list was extended to around 21,000 individuals. The list, including US citizens and residents as well as foreigners, has been repeatedly criticized on civil liberties grounds, due to ethnic, religious, economic, political and racial discrimination. It has also raised concerns about privacy and government secrecy.
  • The ACLU called inclusion on a list a potentially “life-altering” experience, adding that “it is not at all clear what separates a ‘reasonable-suspicion-based-on-a-reasonable-suspicion’ from a simple hunch.” Until March, no one had successfully convinced a court to force authorities to take them off the No Fly List. Rahinah Ibrahim, a Malaysian architect, became the first person ever removed from the notorious list after the managed to force officials to admit she had been placed on the list due to an error by the agency.
Paul Merrell

U.S. Military Operations Are Biggest Motivation for Homegrown Terrorists, FBI Study Finds - 0 views

  • A secret FBI study found that anger over U.S. military operations abroad was the most commonly cited motivation for individuals involved in cases of “homegrown” terrorism. The report also identified no coherent pattern to “radicalization,” concluding that it remained near impossible to predict future violent acts. The study, reviewed by The Intercept, was conducted in 2012 by a unit in the FBI’s counterterrorism division and surveyed intelligence analysts and FBI special agents across the United States who were responsible for nearly 200 cases, both open and closed, involving “homegrown violent extremists.” The survey responses reinforced the FBI’s conclusion that such individuals “frequently believe the U.S. military is committing atrocities in Muslim countries, thereby justifying their violent aspirations.” Online relationships and exposure to English-language militant propaganda and “ideologues” like Anwar al-Awlaki are also cited as “key factors” driving extremism. But grievances over U.S. military action ranked far above any other factor, turning up in 18 percent of all cases, with additional cases citing a “perceived war against Islam,” “perceived discrimination,” or other more specific incidents. The report notes that between 2009 and 2012, 10 out of 16 attempted or successful terrorist attacks in the United States targeted military facilities or personnel.
  • The report is titled “Homegrown Violent Extremists: Survey Confirms Key Assessments, Reveals New Insights about Radicalization.” It is dated December 20, 2012. An FBI unit called the “Americas Fusion Cell” surveyed agents responsible for 198 “current and disrupted [homegrown violent extremists],” which the report says represented a fraction of all “pending, U.S.-based Sunni extremist cases” at the time. The survey seems designed to look only at Muslim violent extremism. (The FBI declined to comment.) Agents were asked over 100 questions about their subjects in order to “identify what role, if any,” particular factors played in their radicalization — listed as “known radicalizers,” extremist propaganda, participation in web forums, family members, “affiliation with religious, student, or social organization(s) where extremist views are expressed,” overseas travel, prison or military experience, and “significant life events and/or grievances.” Among the factors that did not “significantly contribute” to radicalization, the study found, were prison time, military service, and international travel. Although, the report notes, “the FBI historically has been concerned about the potential for prison radicalization,” in fact, “survey results indicate incarceration was rarely influential.” The report ends with recommendations that agents focus their attention on web forums, social media, and other online interactions, and step up surveillance of “known radicalizers” and those who contact them.
  • The study echoes previous findings, including a 2011 FBI intelligence assessment, recently released to MuckRock through a public records request, which concluded that “a broadening U.S. military presence overseas” was a motivating factor for a rise in plotted attacks, specifically the wars in Iraq and Afghanistan. That study also found “no demographic patterns” among the plotters. “Insofar as there is an identifiable motivation in most of these cases it has to do with outrage over what is happening overseas,” says John Mueller, a senior research scientist with the Mershon Center for International Security Studies at Ohio State University and co-author of “Chasing Ghosts: The Policing of Terrorism.” “People read news reports about atrocities and become angry,” Mueller said, adding that such reports are often perceived as an attack on one’s own in-group, religion, or cultural heritage. “It doesn’t have to be information from a jihadist website that angers someone, it could be a New York Times report about a drone strike that kills a bunch of civilians in Afghanistan.”
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  • Perpetrators of more recent attacks have latched onto U.S. foreign policy to justify violence. The journals of Ahmad Rahami, accused of bombings in Manhattan and New Jersey last month, cited wars in Iraq, Syria, and Afghanistan. In a 911 call, Omar Mateen, who killed 49 people in an Orlando nightclub earlier this year, claimed he acted in retaliation for a U.S. airstrike on an ISIS fighter. Dzhokhar Tsarnaev told investigators that the wars in Iraq and Afghanistan motivated his and his brother’s attack on the Boston Marathon. In many of these cases, pundits and politicians focus on the role of religion, something Marc Sageman, a former CIA officer and author of “Leaderless Jihad: Terror Networks in the Twenty-First Century,” describes as a “red herring,” citing a history of shifting ideologies used to justify terrorist acts.
  • The U.S. government has announced plans to spend millions of dollars on “Countering Violent Extremism” initiatives, which are supposed to involve community members in spotting and stopping would-be extremists. These initiatives have been criticized as discriminatory, because they have focused almost exclusively on Muslim communities while ignoring political motivations behind radicalization. “Politicians try very hard not to talk about foreign policy or military action being a major contributor to homegrown terrorism,” Sageman says, adding that government reticence to share raw data from terrorism cases with academia has hindered analysis of the subject.
Paul Merrell

New Law Introduced Into California Legislature Would Punish Companies That Boycott Israel - 0 views

  • A Republican California assemblyman introduced a bill into the state legislature on Monday that would forbid the state – whose campuses have been a focal point of BDS activity – from doing business with companies boycotting, sanctioning or divesting from Israel. Travis Allen, of Huntington Beach in southern California’s Orange County, introduced the bill – called the California- Israel Protection Act – to “require the State of California to divest from companies that boycott Israel.”
  • Any company that is intentionally inflicting economic harm upon California’s trading partners weaken our ability to conduct business and harm the vital economic interests of our state. Further, boycotts of countries often derive from ethnic, religious, racial, or nationality discrimination, which directly contradicts the values of California citizens.” The bill would also penalize companies boycotting products made in the settlements, east Jerusalem or the Golan Heights, since it would prohibit California from investing in any company that is “engaging in actions that are politically motivated and are intended to penalize, inflict economic harm on, or otherwise limit commercial relations with the State of Israel or companies based in the State of Israel or in territories controlled by the State of Israel.”
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    Dear Mr. Allen:  We have this thing called the First Amendment. It protects, among other things, the right of speech including to boycott. Government actions that punish speech are unconstitutional. Get it?
Paul Merrell

The White Book on Violations of Human Rights and the Rule of Law in Ukraine - 0 views

  • he Ministry of Foreign Affairs of the Russian Federation a White Paper on violations of human rights and the rule of law in Ukraine that have occurred since November 2013. The book is divided into six chapters:  Violations of Human rights;  Interference by the European Union and the United States;  Weapons and violent methods used by the protesters;  Restrictions on basic freedoms and crackdown on dissidents;  Discrimination based on ethnic background;  Religious persecution. Each chapter consists of a detailed chronology of events. This essential document is available in the English and Russian versions. The White Book on Violations of Human Rights and the Rule of Law in Ukraine, Ministry of Foreign Affairs of the Russian Federation, 5 mai 2014, 81 pp.
Paul Merrell

The FBI Has a New Plan to Spy on High School Students Across the Country | Alternet - 0 views

  • Under new guidelines, the FBI is instructing high schools across the country to report students who criticize government policies and “western corruption” as potential future terrorists, warning that “anarchist extremists” are in the same category as ISIS and young people who are poor, immigrants or travel to “suspicious” countries are more likely to commit horrific violence.Based on the widely unpopular British “anti-terror” mass surveillance program, the FBI’s "Preventing Violent Extremism in Schools" guidelines, released in January, are almost certainly designed to single out and target Muslim-American communities. However, in its caution to avoid the appearance of discrimination, the agency identifies risk factors that are so broad and vague that virtually any young person could be deemed dangerous and worthy of surveillance, especially if she is socio-economically marginalized or politically outspoken.
  • This overwhelming threat is then used to justify a massive surveillance apparatus, wherein educators and pupils function as extensions of the FBI by watching and informing on each other.The FBI’s justification for such surveillance is based on McCarthy-era theories of radicalization, in which authorities monitor thoughts and behaviors that they claim to lead to acts of violent subversion, even if those people being watched have not committed any wrongdoing. This model has been widely discredited as a violence prevention method, including by the U.S. government, but it is now being imported to schools nationwide as official federal policy.
  • Under the category of domestic terrorists, the educational materials warn of the threat posed by “anarchist extremists.” The FBI states, “Anarchist extremists believe that society should have no government, laws, or police, and they are loosely organized, with no central leadership… Violent anarchist extremists usually target symbols of capitalism they believe to be the cause of all problems in society—such as large corporations, government organizations, and police agencies.”Similarly, “Animal Rights Extremists and Environmental Extremists” are placed alongside “white supremacy extremists”, ISIS and Al Qaeda as terrorists out to recruit high school students. The materials also instruct students to watch out for  extremist propaganda messages that communicate criticisms of "corrupt western nations" and express "government mistrust.”If you "see suspicious behavior that might lead to violent extremism," the resource states, consider reporting it to "someone you trust," including local law enforcement officials like police officers and FBI agents.
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  • “The document aims to encourage schools to monitor their students more carefully for signs of radicalization but its definition of radicalization is vague,” said Arun Kundnani, author of The Muslims are Coming! Islamophobia, extremism, and the domestic War on Terror and an adjunct professor at New York University. “Drawing on the junk science of radicalization models, the document dangerously blurs the distinction between legitimate ideological expression and violent criminal actions.”
  • “The whole concept of CVE is based on the conveyor belt theory – the idea that ‘extreme ideas’ lead to violence,” Michael German, a fellow with the Brennan Center for Justice’s Liberty and National Security Program, told AlterNet. “These programs fall back on the older ‘stages of radicalization’ models, where the identified indicators are the expression of political grievances and religious practices.”The lineage of this model can be traced to the first red scare in America, as well as J. Edgar Hoover’s crackdown on civil rights and anti-war activists. In the post-9/11 era, the conveyor-belt theory has led to the mass surveillance of Muslims communities by law enforcement outfits ranging from the FBI to the New York Police Department.U.S. government agencies continue to embrace this model despite the fact that it has been thoroughly debunked by years of scholarly research, Britain’s M15 spy agency and an academic study directly supported by the Department of Homeland Security.
  • As Hugh Handeyside, staff attorney for the ACLU’s national security project, told AlterNet, “Broadening the definition of violent extremism to include a range of belief-driven violence underscores that the FBI is diving head-first into community spying. Framing this conduct as ‘concerning behavior’ doesn’t conceal the fact that the FBI is policing students’ thoughts and trying to predict the future based on those thoughts.”
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