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July 5, 2022 - Sean Hannity Show
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Roe vs. Wade - July 5th, Hour 3

In this "Best Of" Attorney Alan Dershowitz breaks down the legal arguments around Roe. vs. Wade! It was a legendary few weeks for the Supreme Court and it was a win for the rule of law.See omnystudio.com/listener for privacy information.

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We're going to get reaction to Roe v.
Wade being overturned today.
We'll get it from uh Professor Alan Dershowitz and Greg Jarrett will join us.
Uh first let me play the media mob reaction to this.
And by the way, they're just not telling people the truth.
They're not telling people.
Abortion has not been outlawed.
States will now decide individually what their restrictions, if any, will be on abortion.
Some states will be very liberal, they'll allow abortion up until the moment of birth, as we have been discussing and arguing for a long time now.
Other states will have restrictions.
Some states may not allow it at all.
Time will tell.
Anyway, here's the media reaction.
Yeah, it's listen, it's a heartbreaking betrayal of half of the country.
I'm getting, you know, watching the women there.
It's emotional.
Um it's a real problem.
And people are talking about privacy issues, you know.
Can states who are trying to criminalize abortion, not just of the women getting them, but of doctors providing them, of people driving them to the clinic.
Are they going to be able to search your apps?
You know, there's apps that that track menstrual cycles.
You know, how far are these states going to try to go?
We are here not because of law, but because of politics.
This is a six-degree conservative supermajority that has overruled a right that's been in place for almost fifty years.
What we have here is a naked political grab because they can, because they have the numbers to do so.
All right, joining us now, Greg Jarrett, Fox News contributor, author of two number one best-selling books.
He hosts his own podcast, The Brief, Professor Alan Dershowitz, uh attorney and uh former pro I guess I guess Professor Emeritus at uh Harvard University, Havid.
Uh I don't think they'd ever take me at Harvard, Professor.
I don't know why.
I just, you know, I don't I don't think I qualify.
I would take you in a minute.
I would love to have you in my class.
That would be a good idea.
You know what I mean?
I would love to go just because I find you so fascinating and we've become good friends.
Uh I wouldn't have to be the devil's advocate.
You would be the devil personified in my class.
I could argue with you the way I argued with Ted Cruz when he was in my class.
I'm not sure.
By the way, you have said that.
You said Ted Cruz was one of your best students ever.
Yes, he was because he made every argument that the students hated.
And if he hadn't been in the class, I would have to make those arguments, but he made them more authentically from the heart.
So I loved having him as a student.
He was one of my favorite students and one of my very best.
All right, last question before we move on to today's uh Supreme Court decision.
Were you a tough are you a tough grader or are you is an A really hard to get in your class?
Very hard to get.
I'm a very tough grader.
I have to do that.
What did Cruz get?
Can you tell us what did Ted Cruz get?
I know what he got, but I can't tell you.
I'm not allowed.
Right to privacy.
Here we go, right?
Uh all right.
Let's we have two decisions back to back.
And and the way I look at it, Professor, we'll start with you.
Greg, we're not ignoring you, I promise.
And we had the Supreme Court decision on the New York gun law yesterday.
And now we have the Supreme Court decision on overturning Roe today.
Now, the way I see it, Professor, and I think you're gonna disagree with me, but that's fine, is that we have an enumerated right in our Constitution.
It's a second amendment, the right of the people to keep and bear arms shall not be infringed.
Uh last night you you talked about a well-regulated militia, and I pointed out that our own government at the time defined that as the whole of people, meaning every individual, but that's an enumerated specific right spelled out in the Constitution.
As it relates to abortion, and even Ruth Bader Ginsburg recognized the fallacy of Roe v.
Wade on numerous occasions, uh not quite saying it's bad law, but saying she had problems with it, is that it is not an enumerated right in the Constitution.
It was an inferred right or a right made up by Supreme Court justices in nineteen seventy-three.
And then I I would argue constitutionally, if we're going to be purist here, that at that point the Constitution does provide the outlet for such decisions to be made, and that would be the ninth and tenth amendment.
No, you're a hundred percent right.
The two decisions on the surface look like they go in opposite directions.
The gun decision says states do not have the right to regulate guns, and the abortion decision says states do have the right to regulate and indeed ban abortions.
But you're right.
Uh one of them is based on the second amendment, the gun, although the second amendment is a little ambiguous.
It doesn't just say the right of the people to bear arms shall not be infringed, it talks about a will regulating militia.
And the abortion case, although abortion is not mentioned, neither is birth control, but the right of privacy is implicit in the Fourth Amendment.
It says the right of the people to be secure in their bodies.
But the difference is that abortion is a conflict of rights.
You have the right of the fetus.
Obviously, a fetus is not an appendix, it's a real thing.
It's a potential person versus the right of the woman.
Whereas in in gun control, I I I don't think you have the same kind of uh conflicting rights.
But uh look, the Supreme Court made its decision, it's the law of the land, and now people who want to grant women the right to have reasonable abortions during a reasonable time of the pregnancy have to opt for legislation.
They have to go democratic.
I don't mean democratic with a big D with a small D. They have to use democracy to try to win and prevail in legislatures.
That's what we're doing.
Would anything prevent people from crossing over state lines, for example, if a state has more restrictive laws on abortion, would any anything prevent them from going to New Mexico, California, New York, or New Jersey, Professor?
I don't think so.
There will be some states that will try to pass statute saying you can't cross state lines for purposes of getting an abortion.
That will be held unconstitutional even by this court.
I agree with you.
People do it all the time with guns.
You buy guns.
Now they can prevent you from bringing it into the state, but they can't prevent you from going to a different state and buying a gun which may have less restrictive ownership.
Uh so I think we're in the middle of a changing world on abortion.
It does not.
I I I agree with you.
But uh I think the American people will figure out by election day that abortion is still legal in America, Greg Jarrett, in spite of all the hype and hyperbole and demagoguery going on.
Yeah, i the predictable anger and hysteria is overwrought, as you point out, Sean.
Abortion is not now outlawed nationwide.
In some states, abortion will be permitted with few or no restrictions.
Elsewhere, the opposite.
And if citizens dislike the rules in their respective states, they're free to change them by voicing their discontent at the ballot box.
They can elect new representative.
That is how democracy functions in a constitutional republic.
But you know, looking purely at the Constitution as as a lawyer, uh, today's abortion reversal uh restores constitutional principles.
For 49 years, the Supreme Court has struggled to justify its decision in Roe versus Wade.
And it was frankly it was difficult to defend the indefensible.
And as you point out, the late Ruth Bader Ginsburg expressed serious misgivings because nowhere in the text or the structure or the meaning of the Constitution can a privacy right to abortion be found.
It's neither explicit nor Implicit.
Uh in Roe, the justices, I believe, simply invented a right that does not exist.
This was a regrettable mistake.
Uh and in the Dobbs case today, the Supreme Court, courageously, I think, in the face of threats and intimidation, decided to reverse the wrongful ruling handed down back then.
You know, Professor, let me go back to you.
Let me ask a question of Jarrett.
Does that mean that you believe that states could totally ban birth control?
Because there's no mention of birth control in the Constitution.
It's only implicit in the right of privacy, and there's no fetus involved.
There's just nobody has the right to be conceived and be born.
Do you think this opinion means that a state could ban birth control the way Connecticut tried to do when I was a young married man in New Haven and they and Griswold versus Connecticut was decided based on privacy, which gave married couples the right to use birth control.
To its credit, the majority opinion foreclosed that legitimate concern, Professor, that you're expressing concerns of many that fear the opinion will impact other valued rights.
The justices made it very clear in their language that this ruling applies only to abortion, nothing in the decision they said affects other rights, such as contraception and same-sex marriage, which is time are inherently different rights derived from and protected by the Constitution.
But Justice Thomas says it does involve those rights, and your interpretation of the opinion really...
But he's the sole person that said that.
If you look at Alito's opinion and you look at the comments of Kavanaugh, they contradict that.
There's no question.
Kavanaugh and the chief justice contradict that.
The opinion itself, the opinion of Alito, is a little ambiguous, but look, that's the fight we're going to have.
There's no question that birth control laws are going to be challenged, miscegenation laws are going to be challenged, gay rights laws are going to be challenged.
They're all going to be challenged, but I think I agree with you.
I think the Supreme Court will stop at the abortion.
Professor, if I may, they explicitly said that this decision does not make the interpretation that this will be a precedent for these other cases.
I think they were signaling very strongly that that is not the case.
Did you not interpret it that way?
No, I interpreted it that way.
It said this decision didn't do that.
But you're going to get people who say that the underlying approach that says you have to have an explicit right addressed in the Constitution will be seen by litigants and by some lower courts to raise questions about some of these other rights.
I think the Supreme Court will stick by its guns.
Look, I think there's a big difference.
Abortion involves a victim.
The fetus is not an appendix.
It's a real potential life.
Whereas gay marriage, nobody's damn business who marries who.
Nobody's damn business if a black man marries a white woman.
It's nobody's business if anybody uses birth control.
There's no countervailing right.
Whereas in abortion, there is a countervailing right of the fetus.
So I think that's the distinction.
Well, Professor, I agree with everything you just said, and I'm pretty certain Greg Jarrett does as well.
Greg, true?
I 100%, even though I think the professor or his student would probably give me a C or a D. By the way, I'd probably get an F. Don't worry about it.
I think it took courage for the members of the court to stand firm in the face of threatened violence, the harassment that escalated.
I'm disappointed that Attorney General Merrick Garland took no action to enforce the law that makes it a crime to obstruct an ongoing judicial proceeding.
This was an unlawful attempt by protesters to try to unduly influence with intimidation the forthcoming decision.
And I think it's a shame that the rule of law is under no health.
You know, there are groups out there like Jane's Revenge that are pledging unrest and what sounds like more when you read what they've been sending out and different flyers that have been all over Washington, D.C. And you see, you know, we've had big crowds at the Supreme Court all day.
Right.
And the same rules have to apply to right-wing demonstrations and left-wing demonstrations.
agree.
For what happened on January 6th, a rule that would happen if God forbid the genes were Professor I condemned it in real time on this program, as you know.
I just remember And I said it that night on TV.
What I don't understand is why we ignored the five hundred and seventy-four riots in the summer of twenty twenty that the media in the left told us were mostly peaceful and thousands of cops injured, billions of property damage, and uh a couple of dozen dead Americans in that process.
I've said the same thing.
You and I completely agree on that.
One standard for all.
The First Amendment doesn't recognize whether you agree or disagree with what people are protesting.
The same standard has to apply right and left.
Conservatives, liberals, democrats, republicans.
Oh, I agree with you on that part.
All right, quick break.
We'll come back more with Professor Alan Dershowitz and Greg Jarrett on the other side.
Then we'll get to your calls, 800-941-SHAWN, our number if you want to be a part of the program.
Coast to Coast, Border to Borders.
Sean Hannity is on the radio right now.
All right, we continue our analysis.
Roe v.
Wade overturned today.
Uh we continue with Professor Alan Dershowitz and Greg Jarrett with us for analysis.
Let me ask you from an intellectual honesty part, and I I I also believe uh first of all, you're not a real rigid ideolog.
I see you almost more as libertarian.
In a way, isn't it better?
Um that the in in the sense that the states now get to decide this.
Isn't there a part of you that says, you know what, the federal government are has really no business if we believe in the concept of federalism, uh involving itself in a broad sweeping decision like this, that it really should be up to the states.
Is there a part of you that believes that?
There definitely is.
And I said it back in 1973.
I do think that when you had a decision that's been on the books for 50 years, you should wait till it's absolutely imperative to decide the case.
This case wasn't that case.
In this case, the only real issue is whether the fifteen weeks of Mississippi was constitutional.
The court did not have to reach out and overrule over versus waiting in this opinion.
It would have done it in another opinion, a year from now or two years from now, it just moved a little bit too quickly.
And I do think that uh this decision, and here you may disagree with me, is gonna help the Democrats at the polls.
I think people who are on the line on the fence, who have daughters and nieces and granddaughters who might want to have abortions in states where they would otherwise vote Republican might vote Democrat if they think that the Democrats will give their grandchildren the right to have an abortion in the first seven weeks or eight weeks.
So I don't know.
It's unpredictable, but it conceivably could uh I I think the high cost of gasoline and inflation is gonna also play a big impact.
And once people find out, oh, abortion is still legal in America, I think they'll realize what whatever the hyperbole and demagoguery comes out of the the left's mouth and the days and weeks ahead, uh, won't be as relevant in November.
That's my guess.
We'll see.
Uh Professor, thank you.
Greg Jarrett, thank you.
Love having you both on the program as always.
Quick break right back.
Your calls on the other side, straight ahead.
Hey, there's still a lot more ahead on the best of the Sean Hannity show.
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Uh so with the biggest month uh ever in history, uh, in terms of illegal immigrants uh crossing into the country illegally, but remember they get preferential treatment.
There's no there's no background check.
Uh there's there's no COVID testing, there's no vaccine mandate.
Uh you get a free Biden phone and free transportation on a chartered aircraft uh to one of the forty-eight states in the continental U.S. Anyway, uh Greg Abbott, after the death of these fifty-three migrants in the back of this 18 wheeler, uh said Joe Biden has blood on his hands, and he also said they're dying, people are dying because Biden doesn't enforce the laws.
Here's what he said.
Every year there are many reports about p migrants who lose their lives uh in the heat.
I was visiting with the the sheriff moments ago, and he was telling me uh reports about how uh there have been multiple people in just the past week who had lost their lives, mostly from heat exhaustion.
Uh there may have been uh in addition to that, uh, one or two who lost their lives in the river.
Uh this is harsh terrain and harsh weather.
And be because of the way the Biden administration is not enforcing the immigration laws that's attracting people and uh and enticing people to make this very dangerous trek, causing them to lose their lives.
Uh urge the president, stop the loss of lives.
You have the ability to stop people from losing their lives if you make it clear that no one can come across illegally.
There's a perfectly legal way that people can immigrate to the United States of America.
So, what is our border czar do?
Does she step up, take responsibility?
Uh, beyond going to Latin America to deal with the root causes of illegal immigration, as she calls it.
No, she lashes out at Governor Abbott uh for pointing out the obvious.
She didn't lash out at the Mexican president, but pretty much Abbott and the Mexican president said the same thing.
So she just lashes out at Governor Abbott.
It really highlights part of the problem, because his response where there are 50 dead bodies in his state is to go straight to politics instead of dealing with the realities of the issue.
We also need to take seriously the fact that we have a broken immigration system that was decimated by the last administration.
And we've been trying to, and we are on the path doing it to fix that broken system.
How could she say any of that with a straight face?
Our gig our giggling at all inappropriate moments, Vice President.
I mean, it's insane.
Uh we had Stay in Mexico, that policy was in place.
Uh President Trump built the border wall, some five hundred plus miles of it.
Uh we ended the insanity of cats and release.
Now Joe Biden and and she have both doubled down on process and release.
They're releasing anybody into the country.
It's pretty unbelievable.
And she hasn't lifted a finger to fix the problem at the border, and and what she says about Governor Abbott's just a lie.
He's down there almost, you know, on a weekly basis at a minimum.
Mark Morgan, former acting CBP commissioner, heritage uh visiting fellow, Tom Homan, former acting ice director, also a heritage visiting fellow.
Welcome both of you back to the program.
Mark Morgan, I'll ask you.
Uh, you know, they're blaming Donald Trump and Donald Trump had the border under control.
Donald, you know, the stay in Mexico policy, this goes to the heart of the Supreme Court case today.
That was that was the one big case that that didn't go our way.
Um that policy worked wonders during the Trump administration.
Sean, everything you said, I couldn't have said better myself, you're spot on.
Look, I'll steal Tom Holman's line.
What with this administration inherited the most secure border in our lifetime, and they intentionally unsecured the border.
It's not real complicated.
If you have a system of deterrence and consequences, you're gonna stop illegal immigration, you're gonna stop gap and destruction.
By February of 2020, we had reduced illegal immigration by eighty-five percent.
Speak about that.
Look, we're just talking about the fifty three that track for trailer incident, the worst single uh uh smuggling incident in our history.
But look, Sean, we haven't even talked about the seven hundred plus dead migrants that have been recovered at our border.
The thousands, un untold numbers that have become victims of trafficking, and those that have been victimized on their journey up here.
Those are also untold numbers.
Everything that that this president and and that the Secretary Myorka's and vice president has just been saying is an absolute abject lie.
And the last thing I'll say Sean, when is enough enough?
When how many more Americans and migrants have to die before we say we must secure a border and save lives.
Governor Abbott is right.
The blood of these 53 human beings are on the hands of Secretary America and President Biden.
Tom Holman, we'll get your take Well look, I agree with everything Mark said, but she makes a statement that the immigration system's broken.
They broke it.
And I'm sick and tired the secretary goes on TV well, you know the fire administration dismantled the system.
No, the prior administration developed a system that gave us an 85% decrease in immigration at a at a 40 year low.
And we come to these deaths I guess I would reported yesterday the moron he says well we had track and trailing deaths during the during the Bush administration, Mr. Holman, because you're the one investigating that you've not even talked about it.
I said well here's the difference under last year's Trump administration when he successfully got immigration down at 85% do the math.
If we took 85% of the cars off the highway would we less have less highway deaths?
Of course I says in in Dr. Borders says 31% of women make their journey get sexually assaulted by the cartels.
Well illegal immigration at a 40 year low when it's down 85% less people come less people put themselves in the hands of criminal cartels who don't give a damn about them.
So more people die.
This administration broke a lot of records as Mark said they got the record of migrant death under Joe Biden.
Tell me that that's humane they got the record on illegal migration.
They got the record on Americans dying of overdose death they and they got the record of a few days ago this is the most tragic incident of migrant deaths in the history of this nation.
This administration failed the only one that dismantled the system is the Biden administration.
He does have blood on his hands.
These people would not have crossed on the last two years of Donald Trump because immigration was so low.
We we detained people we remove people there wasn't catch release.
When you make the promise cross our border you won't be detained and ICE can't arrest you because you're just simply here illegally the most vulnerable people in the world are going to take that risk.
And they didn't do it under President Trump.
What do we know about this new caravan that is formed we're told there are reports the largest caravan to date Mark Morgan.
Yeah look this is something Tom and I and others Sean have been talking about this is very predictable.
We know all the players it's the same organizers that have been there in the past now they feel more empowered and more more emboldened than ever.
And this latest Supreme Court decision that says now the administration can absolutely get rid of title 42 it's just another message among many.
It's not the only one but it's one message among many that right now sends a message to the entire world Sean that if you come to our borders you enter illegally there will be no consequences in fact we will help facilitate your entry and we will reward you from illegally entering and it goes back to what Tom said about it.
Who's not gonna come I mean it's not it's not complicated.
If there's no deterrence they're going to come and Secretary America Sean I know you have talked about this before his his his one of his taglines is that they're developing a safe orderly and humane system.
It's a crop it's an absolute lie.
There's no such thing as a safe order humane illegal immigration process it's an oxymoron and he knows it.
And this caravan that is forming multiple caravans is just another indication of how the tsunami is going to continue to come migrants are going to continue to literally risk and lose their lives because this administration policies and they're rolling out the welcome to the entire world.
And we we may not see the full consequences of open borders for maybe even years to come uh we know that we have had encounters with with people that have radical associations and you know to me uh Tom Holman it's very simple.
Uh I support legal immigration.
I don't really care what country you come from, just do it legally, work within the system.
Uh then you have to have a a background check to make sure you don't have radical associations in the middle of a pandemic.
I think you need a health check.
Uh that would mean yes, you need to be tested for COVID, etcetera.
Uh then I would also say that you have to prove your ability to take care of yourself that you won't be a financial burden on the American people.
To me, all of those things are common sense.
None of those things are happening.
And then you add to this, you know, preferential treatment with free phones and free transportation.
Most Americans, they're not getting free phones, they're not getting free transportation.
Everything you just said was in President Trump's immigration plan that he sent us in the first two years on support him.
Everything you said was in his plan.
Me and Mark and what the house we worked in that plan.
So i it makes perfect sense.
But here's what here's something important that no one's talking about, and I want your listeners to understand this.
Why did President Trump put the remaining medical program?
Because he knew two data points.
Number one data point, the immigration court data says nine out of ten Central Americans who claim asylum at the border never get relief from the U.S. courts because they either don't show up, they don't qualify.
And what happens in that nine out of ten that gets ordered removed by federal judge.
According to the Homeland Security Lifestyle Report, if you're AUAC and alien child, you leave three percent of the time.
If you're a family unit, you leave six percent of the time.
If you're a single adult, you leave twenty-two percent of the time.
President Trump said, What the hell are we doing?
If ninety percent lose their case or committing fraud, and only three to six percent leave when they're ordered, why the hell we keep doing it?
So these people uh now that we remain metrose off off the table now, ninety percent more people commit fraud, they don't qualify, they lose their case, and they go nowhere because ice is not allowed to look for them now.
So the three and six percent, consider that a good number because it's gonna be zero zero percent now.
This is a part of their plan of open borders and not only open borders, let's stop interior enforcement so they never leave.
Well, they're never gonna leave.
Uh, and I think Democrats then will hold out something of great value and and hope that in exchange for citizenship, oh maybe maybe you'll like us better than these other guys.
I do think there's a political component to it.
Historically, I I know there's been Republicans that want cheap labor and Democrats uh that want to give amnesty in the hopes that they they will get votes in return.
Uh so everyone's got their own agenda to that.
Quick break, we'll come back, we'll continue.
800, 941 Sean is on number.
More with Tom Homan and Mark Morgan on the Supreme Court ruling.
We'll be right back.
America listens to Sean Hennedy.
And he's on.
On right now.
All right, we continue with Mark Morgan, former CBP commissioner and Tom Homan, former acting ICE Director, based on today's Supreme Court decision.
Uh well, sadly, not keeping the the remainder of Mexico policy adopted by Donald Trump.
Uh I don't care again where you come from, Mark Morgan.
I just want you to do it legally, like my grandparents did when they came to Ellis Island from Ireland uh at the turn of the last century.
Yeah, Sean, it's that simple.
Tom and I have had this discussion a hundred times as well.
Uh, we're we're all for legal immigration.
And look, we're all for even having discussion of how we can improve our legal immigration system.
We're all in.
But this is about illegal immigration.
But Sean, more importantly, I know you know this, is that this is first and foremost about border security.
And what a lot of people, what this administration continues to lie to American people about is somehow you could support and before border security, well at the same time support illegal immigration.
It doesn't work that way.
They're mutually connected, they're not mutually exclusive.
As illegal immigration goes up, our ability to secure a border goes down.
Why?
Because eighty, ninety percent of our border resources are pulled off the front line and they're fulfilling administrative duty, hospital watch, detention uh uh uh uh uh assignment, as well as processing.
What happens?
Large areas of border are wide open, unmonitored, unsecure.
What's happened?
Drugs are pouring in, killing Americans, the highest record we ever had, as Tom said.
We we've got criminals, murders, rapists, pedophiles, gang members that are pouring in, and a NASA security threat.
I mean, Sean, how much more do we need?
I mean, we just read it.
Oh, I got I got more.
There's an article on the free beacon that says the uh Homeland Security Department and the State Department last week amended federal immigration laws to allow foreigners who provided insignificant material support to designated terror groups receive immigration benefits or other status,
according to the policy published in the Federal Register, and examples of these individuals would fall into a new category according to the announcement, including individuals who provided humanitarian assistance or routine uh commercial transaction to terror groups, and most believe this is part of the Iranian negotiation the Biden administration is involved in, because they won't get domestic energy here, so they're begging the Iranians.
Uh that would mean individuals that work for Iran's Islamic Revolutionary Guard uh that has killed, you know, hundreds of Americans.
Uh, what would now have access to our borders?
Last word, Tom Holman.
Exactly right.
And look, they the uh Barbers already admitted they arrested 50 people on terrorist reign database.
We got over 800,000 goddess, recorded gotta ways like camera, drone, and and central traffic.
800,000.
Bor Patrols dress people from 161 countries.
Many of this country sponsored terrorism.
If you don't think a single one of the 800,000 gataways came here to do us harm as a terrorist, then you're ignorant of the data.
And I'll say one more thing that the Bor Patrol has been pushed so hard to process people and release them quickly.
They don't want overcrowding, nothing to see here, no overcrowding.
They've even released no inspected terrorists.
Uh Bill Melushian both story two weeks ago.
They they processed the guy that couldn't wait for a vetting nuclear and heard he release him.
Two days later, he's hot.
Then they had to go find him.
How many more cases like that?
So we can have the headbetting there to release them quicker than they get the vetting back.
I appreciate both of you.
Thanks for being with us.
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