Nayyar Zaidi's letter to you all
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Hummaa Ahmad
Nov 13, 2012, 11:41:29 AM11/13/12
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Dear Friends & the Media community at large
I am sending below a letter sent by Nayyar on Sunday and posted by his wife Shaheen Zaidi.
We have now "Mashallah" over 1,600 members supporting the group NAYYAR ZAIDI IS NOT A CRIMINAL on Facebook https://www.facebook.com/messages/?action=read&tid=MLfWrg9J3IcVo8x4C1Kuaw#!/groups/nayyarzaidi/, and this letter has been placed there.
However in a bid to keep Nayyar Zaidi's situation alive in your minds and in view of the forthcoming conference on Ethical Journalism around the 20th Nov at which Aidan White (formerly Sec Gen of the IFJ) will be speaking - though he is aware and has said he wants to help - your collective voice in this matter might move things along. Mazhar Abbas, Aamir Latif and many others have also said they will do something.
Below then is his message to you all and what has happened and is happening to him.
The right to sight is universal and nothing can replace it. Journalists cannot do without this essential visual tool so please consider and stand together in helping a writing man who is down but not "out" if you don't allow it!
Grateful thanks
Hummaa Ahmad
******************************
| 13 November 16:14 |
Who is Nayyar Zaidi?
Nayyar Zaidi (legal name Syed H. Zaidi) has been a correspondent and columnist for the last 30 years for Pakistan’s largest newspaper, Daily Jang; a columnist for Jang’s sister publication, Akhbar-e-Jehan, Pakistan’s largest weekly and a regular contributor to GEO TV, also owned by the Jang Group.
Since 1986 and up to the time of his arrest in 2008, Nayyar Zaidi had been a subject matter expert for CNN and CNN International (a subject matter contributor is not an employee). Nayyar Zaidi’s columns and special contribution also appeared in the Washington Post, The Washington Times, Chicago Tribune, U.S. News and World Report, Impact International and a variety of Islamic publications in the United States, United Kingdom and Canada.
In June 1985, Nayyar Zaidi testified before the White House Civil Service Sub-Committee in support of the Whistleblower Protection Act of 1985. The law protects government employees who expose fraud, mismanagement and waste in Federal Government operations.
In March 1987, Nayyar Zaidi testified before the Near-East Subcommittee of the Senate Foreign Relations Committee Administration’s request for $4.01 billion in aid for Pakistan for another six year period. In the 1980’s, Nayyar Zaidi was the only Pakistani-American battling against such powerful enemies of Pakistan, as Congressman Stephen Solarz, Chairman of House Foreign Affairs Committee and Senator John Glenn, Chairman of Senate Governmental Affairs Committee. Both Democrats were open supporters of India. Nayyar Zaidi challenged criticism of Pakistan by exposing the simplicity of the people making those allegations, giving facts and figures and historical background to support his positions.
In 2003, the FBI made an unsuccessful attempt to silence this defender of Pakistan by bringing a false case of contact with “terrorists” and credit card fraud. However, a strong stand by Pakistani Ministry of Foreign Affairs and great cooperation from Department of State forced the FBI to fold its phony “investigation”.
However this attempt gives a unique insight into how Pakistanis and Muslims are framed. The FBI accused Nayyar Zaidi of having international terrorist in 10 countries including China, India, Pakistan, Netherlands, Malaysia, etc. FBI refused to provide the numbers dialed from Zaidi’s residence phone line so verification could be made. During an interrogation at the FBI Washington Field Office on February 20, 2003, FBI also confronted Zaidi with what they called a record of Zaidi’s having obtained credit cards in six different states under his legal name (Syed H. Zaidi) and his social security number.
In the United States, three credit agencies track a person’s credit. Any activity under a person’s legal name and social security number is reported in a credit file on that person. There was no way Zaidi could have obtained credit in six states under his legal name and social security number without it showing on his credit reports. But these “credit cards” were not reported. The FBI refused to provide a copy of the report they had obtained from a “public database” called “Starpoint”.
This is under the draconian law called “Secret Evidence”. My case illustrates how this “Secret Evidence” law is used in the United States to arrest and convict innocent people.
The FBI accused me of having phone calls to ten different countries. They established that I was in contact with international terrorists in ten countries. However, no evidence was shown. How does that link to a domestic crime of obtaining credit cards in six different states? Simply making phone calls to “Terrorists” by itself is not a crime unless you show a conspiracy to aid terrorists. The FBI then accuses of sending money to these purported terrorist organization. But you did not. Your legal credit cards show your regular transactions. There is no room in your credit line to show you withdrew $50,000 cash and later sent that money to overseas terrorist organization.
The FBI then creates six (in my case) fake credit cards with large lines of credit. Then they show large cash withdrawals. And then they show sending this money to the purported terrorists. At no point you are shown this “evidence” so you could disprove it.
The “secret evidence” is shown only to federal judges who verify that phone records of calls and credit card activity were authentic. The judge actually becomes a witness against you but you cannot question him and he is not under oath as all witnesses are in any criminal or civil case.
The jury believes the judge, it has to.
You are sentenced for 10, 20, 30 or even life.
Thanks to Allah, I was free and defeated the enemy.
This time the FBI did not take a chance on building a case against me. On March 20, 2008, they arrested me in Ohio, by stopping my moving vehicle and they had no warrant for my arrest. A warrantless arrest can be done if there were unforeseen circumstances which made it impractical to obtain a warrant. But how could that be if they claimed to have been investigating me since January 24, 2008? Anyway they should have taken me to a Federal Magistrate-Judge and under oath explained the warrantless arrest.
They did not.
The Special Agent James L. Herman stated under oath later that he had personally put handcuffs on me (and he had no warrant) and along with another FBI agent “transported” me to Massillon Police Department (MPD). No paperwork for this transfer from FBI custody to local police custody.
The legal definition of abduction is when a person is detained without any legal justification and authorization (a warrant) and transported against his will to another place.
It was no arrest. It was a simple abduction
The purpose of handing over to local police is to have them fabricate arrest papers by bringing false state charges and fabricated warrants. The FBI then tells the court they want to take over states’ case and need a Federal Warrant. It doesn’t inform the Magistrate-Judge that it was the FBI which has made the first arrest. Otherwise, the Magistrate-Judge would ask why had
they handed the prisoner to State? And where was the State request to obtain custody from the Federal Government?
If FBI disclosed that they had arrested Zaidi first and informally handed him over to local police even though Zaidi could not be accused of having committed a State crime, the Federal Magistrate would have thrown out Zaidi’s arrest warrant requested by FBI. Since the FBI lied in their affidavit that Zaidi was first arrested by state police, it made their affidavit to obtain an arrest warrant invalid. The warrant thus issued as a result of this lie by FBI was also invalid.
Therefore, as of this dated there is no valid arrest warrant for the arrest of Nayyar Zaidi (a.k.a. Syed H Zaidi, prisoner ID 55631-060).
WHAT CAN YOU DO TO SUPPORT NAYYAR ZAIDI?
When people hear of some wrongdoing to fellow human beings, especially fellow Pakistanis and Muslims, they feel a strong urge to do something to help the wronged person.
I’m sure you are not the exception.
I want you to simply focus on one demand. An investigation of FBI and Prosecutorial misconduct of the criminal case against me. Do not ask for my release. Do not take my side. Just an honest investigation in accordance with the law and rules prescribed by Department of Justice (DOJ) for such investigations.
HOW AND WHO TO ASK FOR AN INVESTIGATION?
My case is: United States of America v Syed H. Zaidi: Case No: 08-cr-0187 (08 is the year, cr means criminal and 0187 is the actual case number). The case is in the United States District Court for the Northern District of Ohio. The judge is The Honorable Donald C. Nugent. Please always address the judge with respect prefacing his name with “The Honorable”.
But do not write to the judge asking for an investigation.
A 41-page misconduct complaint has been filed earlier this year with Robin C. Ashton, Esq., Counsel for the Office of Professional Responsibility (OPR) of DOJ.
Here are the steps you may take:
1. Robin C. Ashton, Esq. (Ms Ashton is a female) Counsel, Office of Professional Responsibility
Department of Justice
950 Pennsylvania Avenue, N.W.
Washington D.C. 20530
Suggested message: Syed H. Zaidi (Prison ID 55631-060) submitted a 41 page complaint to your office earlier in 2012. So far, your office has not acknowledged (although there is a certified mail receipt from you) this complaint. Please open an official investigation of the professional misconduct by law enforcement and prosecutorial personnel so justice may be done in Mr. Zaidi’s case. Mr. Zaidi alleges that the OPR response of May 12, 2010 was a cover up. In his latest 41-page complaint, Mr. Zaidi has given evidence supporting this allegation. It makes it all the more important that OPR acknowledge and investigate his complaint.
Note: This is the main thrust. You may add whatever you may wish to support my cause. However, stay focused on an objective investigation of my complaint to OPR. I am not asking you to take my side or demand my release.
2. If you are a US citizen or resident, send a letter to your Senator attaching a copy of your letter to OPR counsel Ms. Robin C. Ashton.
3. If you live in Europe (especially in UK), write to your Parliament member with a copy of letter to OPR and request him/her to forward it to U.S. Ambassador in your country.
I am currently blind in both eyes due to cataract. Eye surgery may be scheduled in 60 to 90 days. I will resume full speed after that. But let’s get started, Shall we?
Sign up yourself and network with your friends.
Thank You
Nayyar Zaidi
Nayyar Zaidi (legal name Syed H. Zaidi) has been a correspondent and columnist for the last 30 years for Pakistan’s largest newspaper, Daily Jang; a columnist for Jang’s sister publication, Akhbar-e-Jehan, Pakistan’s largest weekly and a regular contributor to GEO TV, also owned by the Jang Group.
Since 1986 and up to the time of his arrest in 2008, Nayyar Zaidi had been a subject matter expert for CNN and CNN International (a subject matter contributor is not an employee). Nayyar Zaidi’s columns and special contribution also appeared in the Washington Post, The Washington Times, Chicago Tribune, U.S. News and World Report, Impact International and a variety of Islamic publications in the United States, United Kingdom and Canada.
In June 1985, Nayyar Zaidi testified before the White House Civil Service Sub-Committee in support of the Whistleblower Protection Act of 1985. The law protects government employees who expose fraud, mismanagement and waste in Federal Government operations.
In March 1987, Nayyar Zaidi testified before the Near-East Subcommittee of the Senate Foreign Relations Committee Administration’s request for $4.01 billion in aid for Pakistan for another six year period. In the 1980’s, Nayyar Zaidi was the only Pakistani-American battling against such powerful enemies of Pakistan, as Congressman Stephen Solarz, Chairman of House Foreign Affairs Committee and Senator John Glenn, Chairman of Senate Governmental Affairs Committee. Both Democrats were open supporters of India. Nayyar Zaidi challenged criticism of Pakistan by exposing the simplicity of the people making those allegations, giving facts and figures and historical background to support his positions.
In 2003, the FBI made an unsuccessful attempt to silence this defender of Pakistan by bringing a false case of contact with “terrorists” and credit card fraud. However, a strong stand by Pakistani Ministry of Foreign Affairs and great cooperation from Department of State forced the FBI to fold its phony “investigation”.
However this attempt gives a unique insight into how Pakistanis and Muslims are framed. The FBI accused Nayyar Zaidi of having international terrorist in 10 countries including China, India, Pakistan, Netherlands, Malaysia, etc. FBI refused to provide the numbers dialed from Zaidi’s residence phone line so verification could be made. During an interrogation at the FBI Washington Field Office on February 20, 2003, FBI also confronted Zaidi with what they called a record of Zaidi’s having obtained credit cards in six different states under his legal name (Syed H. Zaidi) and his social security number.
In the United States, three credit agencies track a person’s credit. Any activity under a person’s legal name and social security number is reported in a credit file on that person. There was no way Zaidi could have obtained credit in six states under his legal name and social security number without it showing on his credit reports. But these “credit cards” were not reported. The FBI refused to provide a copy of the report they had obtained from a “public database” called “Starpoint”.
This is under the draconian law called “Secret Evidence”. My case illustrates how this “Secret Evidence” law is used in the United States to arrest and convict innocent people.
The FBI accused me of having phone calls to ten different countries. They established that I was in contact with international terrorists in ten countries. However, no evidence was shown. How does that link to a domestic crime of obtaining credit cards in six different states? Simply making phone calls to “Terrorists” by itself is not a crime unless you show a conspiracy to aid terrorists. The FBI then accuses of sending money to these purported terrorist organization. But you did not. Your legal credit cards show your regular transactions. There is no room in your credit line to show you withdrew $50,000 cash and later sent that money to overseas terrorist organization.
The FBI then creates six (in my case) fake credit cards with large lines of credit. Then they show large cash withdrawals. And then they show sending this money to the purported terrorists. At no point you are shown this “evidence” so you could disprove it.
The “secret evidence” is shown only to federal judges who verify that phone records of calls and credit card activity were authentic. The judge actually becomes a witness against you but you cannot question him and he is not under oath as all witnesses are in any criminal or civil case.
The jury believes the judge, it has to.
You are sentenced for 10, 20, 30 or even life.
Thanks to Allah, I was free and defeated the enemy.
This time the FBI did not take a chance on building a case against me. On March 20, 2008, they arrested me in Ohio, by stopping my moving vehicle and they had no warrant for my arrest. A warrantless arrest can be done if there were unforeseen circumstances which made it impractical to obtain a warrant. But how could that be if they claimed to have been investigating me since January 24, 2008? Anyway they should have taken me to a Federal Magistrate-Judge and under oath explained the warrantless arrest.
They did not.
The Special Agent James L. Herman stated under oath later that he had personally put handcuffs on me (and he had no warrant) and along with another FBI agent “transported” me to Massillon Police Department (MPD). No paperwork for this transfer from FBI custody to local police custody.
The legal definition of abduction is when a person is detained without any legal justification and authorization (a warrant) and transported against his will to another place.
It was no arrest. It was a simple abduction
The purpose of handing over to local police is to have them fabricate arrest papers by bringing false state charges and fabricated warrants. The FBI then tells the court they want to take over states’ case and need a Federal Warrant. It doesn’t inform the Magistrate-Judge that it was the FBI which has made the first arrest. Otherwise, the Magistrate-Judge would ask why had
they handed the prisoner to State? And where was the State request to obtain custody from the Federal Government?
If FBI disclosed that they had arrested Zaidi first and informally handed him over to local police even though Zaidi could not be accused of having committed a State crime, the Federal Magistrate would have thrown out Zaidi’s arrest warrant requested by FBI. Since the FBI lied in their affidavit that Zaidi was first arrested by state police, it made their affidavit to obtain an arrest warrant invalid. The warrant thus issued as a result of this lie by FBI was also invalid.
Therefore, as of this dated there is no valid arrest warrant for the arrest of Nayyar Zaidi (a.k.a. Syed H Zaidi, prisoner ID 55631-060).
WHAT CAN YOU DO TO SUPPORT NAYYAR ZAIDI?
When people hear of some wrongdoing to fellow human beings, especially fellow Pakistanis and Muslims, they feel a strong urge to do something to help the wronged person.
I’m sure you are not the exception.
I want you to simply focus on one demand. An investigation of FBI and Prosecutorial misconduct of the criminal case against me. Do not ask for my release. Do not take my side. Just an honest investigation in accordance with the law and rules prescribed by Department of Justice (DOJ) for such investigations.
HOW AND WHO TO ASK FOR AN INVESTIGATION?
My case is: United States of America v Syed H. Zaidi: Case No: 08-cr-0187 (08 is the year, cr means criminal and 0187 is the actual case number). The case is in the United States District Court for the Northern District of Ohio. The judge is The Honorable Donald C. Nugent. Please always address the judge with respect prefacing his name with “The Honorable”.
But do not write to the judge asking for an investigation.
A 41-page misconduct complaint has been filed earlier this year with Robin C. Ashton, Esq., Counsel for the Office of Professional Responsibility (OPR) of DOJ.
Here are the steps you may take:
1. Robin C. Ashton, Esq. (Ms Ashton is a female) Counsel, Office of Professional Responsibility
Department of Justice
950 Pennsylvania Avenue, N.W.
Washington D.C. 20530
Suggested message: Syed H. Zaidi (Prison ID 55631-060) submitted a 41 page complaint to your office earlier in 2012. So far, your office has not acknowledged (although there is a certified mail receipt from you) this complaint. Please open an official investigation of the professional misconduct by law enforcement and prosecutorial personnel so justice may be done in Mr. Zaidi’s case. Mr. Zaidi alleges that the OPR response of May 12, 2010 was a cover up. In his latest 41-page complaint, Mr. Zaidi has given evidence supporting this allegation. It makes it all the more important that OPR acknowledge and investigate his complaint.
Note: This is the main thrust. You may add whatever you may wish to support my cause. However, stay focused on an objective investigation of my complaint to OPR. I am not asking you to take my side or demand my release.
2. If you are a US citizen or resident, send a letter to your Senator attaching a copy of your letter to OPR counsel Ms. Robin C. Ashton.
3. If you live in Europe (especially in UK), write to your Parliament member with a copy of letter to OPR and request him/her to forward it to U.S. Ambassador in your country.
I am currently blind in both eyes due to cataract. Eye surgery may be scheduled in 60 to 90 days. I will resume full speed after that. But let’s get started, Shall we?
Sign up yourself and network with your friends.
Thank You
Nayyar Zaidi
Mazhar Abbas
Nov 14, 2012, 2:55:22 AM11/14/12
to PressP...@googlegroups.com
Dear Humma,
You don't have to say but i will do whatever i can. When for the first time this case came to my knowledge i raised the voice in my programs but the organisation for which he had worked for decades remained silent. I even met the family and even today want to help on humanitarian grounds. I know charges against him were serious and i am not a lawyer to comment on it. Mazhar
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Khalid Rahman
Nov 14, 2012, 11:15:55 PM11/14/12
to PressP...@googlegroups.com
Dear Humma,
I read Mazhar's email. I suggest on behalf of all journalists, we must constitute a fact-finding committee led by Mazhar and sort out this issue once and for all. Once this is done, we can focus on a full-fledged campaign to get Zaidi sahib released and have his rights restored. First we have to start with Nayyar Zaidi's own organization, the Jang Group. Maybe Shahrukh Hasan and/or some of the people who were in contact with Zaidi Sahib could help us with some information on record.
Regards.
M Khalid Rahman
I read Mazhar's email. I suggest on behalf of all journalists, we must constitute a fact-finding committee led by Mazhar and sort out this issue once and for all. Once this is done, we can focus on a full-fledged campaign to get Zaidi sahib released and have his rights restored. First we have to start with Nayyar Zaidi's own organization, the Jang Group. Maybe Shahrukh Hasan and/or some of the people who were in contact with Zaidi Sahib could help us with some information on record.
Regards.
M Khalid Rahman
Syed Hussain Raza Jahfery
Nov 17, 2012, 4:47:45 AM11/17/12
to PressP...@googlegroups.com
Where is JANG group and GEO FOR WHICH Nayyer Zaidi worked for more than 30 years. Where is the owner of the Group who is always defending his investigators who always write and support their employers write or wrong against their opponents.
Hummaa Ahmad
Nov 17, 2012, 2:26:30 PM11/17/12
to pressp...@googlegroups.com
Dear Jahfrey sahib
You ask a perfectly valid and poignant question to which you have every right to obtain a proper answer!
Perhaps those listed members of the Jang Group on PressPakistan who read all our postings will have the courage or conviction to explain as to why not?
I speak as an independent media professional who works on an international dimension. My taking up this issue is essentially because everyone who is in media and especially in the investigative sphere is "vulnerable" if they are not allowed the space to go about their business.
I wonder if you have heard of Veronica Guerin (5 July 1958 – 26 June 1996) was an Irish crime reporter who was murdered on 26 June 1996 by drug lords, an event which helped establish the Criminal Assets Bureau? She was murdered when she was in access to the truth and about to highlight it in Ireland but the whole of the journalistc world (local, British, and international) stood by her, posthumously awarded her, made a film about it and she remains a beacon of free speech and hope that wrong can be brought to justice.
When journalists are not murdered per se., they are silenced by other means. We have seen it in Pakistan with our own journalists cold-bloodedly tortured and murdered in Balochistan, Swat, Sindh and in Pakhtunkhwa. Or their families are put within target, shot at or kidnapped to ensure compliance. It is an ongoing tragedy of mega-proportions and we must unite against it.
Alternatively where its more sensitive or agency related, they are picked up and put away...they "disappear"!? I suspect that this was the case of Nayyar Zaidi as he was a very confrontational "noisy and nosey" journalist. I had many furious long-distance arguments over the phone with him in the process of editing his work so know first-hand. He did not want to understand when told that it was "sensitive material", or, that very complex concept of "libel or liability". ..that was for his employer, the Jang Group to go figure :))!
Yes indeed for over 30 years, Mr. Ziadi was employed by Jang Group and had been writing for years before I even entered this profession, was trained in it, or, had ever heard of the man! If they chose to abandon him at his worst hour, it is for their reasoning alone.
As I have said before and say so here again I do not represent the Jang Group in any capacity and my appeals and writings are in my own. I have asked former senior colleagues who were, and, are still at the helm of the Groups newspapers but no comment or indication was ever forthcoming. We can only know if they comment or any of their august, good'n'brave individuals shed some light on this matter -
So......any takers Messrs. Hamid Mir? Ansar Abbassi? Shaheen Sebai? or even the Group Managing Director, Jang Group, Shahrukh Hasan sahib?... as asked by Khalid Rehman sahib earlier in PressPakistan....
I am fascinated also as to why other channels have not touched on this matter or raised questions either in the interest of journalism - ARY, Duniya and all the other players in the Broadcast marketplace? Are they just indifferent about it? It is a most perculiar thing.
Please be assured that I have absolutely NO desire to embarrass anybody into a response but I would be failing in my journalistic duty to allow a fellow journalist's plight to pass me by unremarked or unnoticed because he is not Osama Bin Laden, the day's breaking news story, or a relentless Party Political broadcaster with agendas, deadlines or self-censorship issues.
At the end of the day, (I am sure many of us of the faith or otherwise will agree), we have all to meet our Maker and answer to questions about our moral obligations and what we have or have not done, or, our "niyaat".
I trust that clarifies a particular point.
Nayyar Zaidi had his wife, Shaheen Zaidi phone me in September to put out an appeal for help, that his case was in fact costing him the sight in his eyes, he was a diabetic and as such his right to proper medical care was being denied by his jailers. NO JOURNALIST should suffer like this without a fair review, and his rights intact, and I have received many mails from people supporting this.
The Facebook page which was deleted by FB in 2009, was recently replaced and has already over 1,600 members in just a month. You can visit it at:
https://www.facebook.com/?ref=tn_tnmn#!/groups/nayyarzaidi/
We collectively who write, blog or expound on this media forum can make a choice to help add voice, or, not. It is purely individual.
Nevertheless, by keeping you all updated and informed, my endeavour is that you all will back one of "your own" as a united front, even if he is now a Pakistan-American..... with the belief that his heart was always for his land of birth and in service of his people both in American and in Pakistan. For that and until there is absolute proof, or, " NO reasonable doubt" about his guilt, he requires our support.
If Raymond Davies who in Lahore, murdered cold-bloodedly 2 Pakistanis with his Glock, and ran over a third, which was witnessed openly in the streets by Pakistani citizens, is today running around free unsentenced, unjailed. His cover and US Consul General in Lahore Carmela Conroy went the full length to support him. It led to the actual resignation of FM Shah Mehmood Qureshi at a critical time and she successfully obtained passage for a convict out of Pakistan under a false "legal" status. But media then as well as later on, could not have enough of her in pictures, modelling jewellery, saris and outfits setting off the swept up curves of her platinum blonde hair, until the very last, when fond farewells of her departure from Pakistan took place. It is called diplomacy. It works for some you will observe. Nayyar Zaidi was a "Pakistani" American national. Then Pakistan's Ambassador Haqqani (I am informed he was a US National himself), "could not" do anything for him officially but then nobody that had an atom's worth of influence could.
According to a recent news report Raymond Davies's criminal record is marginalised to getting only parking tickets in his country.
If this is found to be acceptable to all , and, the whole rendition 'treatment-of-accused Pakistanis' business is also something to let slide by while we indulge endlessly at loggerheads about domestic political and administrative issues, then poor Nayyar Zaidi's position and human rights would seem in these circumstances, utterly hopeless?
I hope not.
Kind regards
Hummaa Ahmad
Date: Sat, 17 Nov 2012 14:47:45 +0500
Subject: Re: Nayyar Zaidi's letter to you all
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