A CNOT SUCKER, fool Debunked

10/3/2007 By: David cornsilk

Muskogee phoenix Website!

David Said:

Well it appears the supporters of the "R" word are taking their attacks directly to the messenger rather than actually defending their indefensible positions. An interesting aside, which does not suprise me is the fact that everyone knows my name when I write. But we do not really know who Samanthawar really is. What is she/he afraid of? Oh they'll (I say they because its not just one person) say its none of my business or they don't want to be attacked. Well isn't what good for the goose good for the gander? Last time I checked one of the greatest principles of American ethics (Cherokees included) is the right to face one's accuser. Oh well, she/he and other's like her prefer to lob their attacks from the cover of pseudonyms so that they do not have to take responsibility for what they say. Let's see if I can't make some sense of Samanatha's diatribe:

Sam said:
Frances, your article was great and very true.

David replies:
What part was true? There were clearly some historic errors. A sweeping statement of accuracy in the face of numerous inaccuracies that are easily documented (and have been) discredits your ability to discern the truth. No wonder you are marching to Chad Smith's drum. You must be his drummer.

Sam said:
Ignore old John and his sone David. The Cornsilks have a reputation as being anti-Cherokee.

My reply:
Prove that! My father and I have a reputation, but it certainly is NOT for being anti-Cherokee. Now if you want to point to someone who is anti-Cherokee, let's take a look at Chad Smith. He has assisted in the destruction of the citizenship of thousands of Cherokees. He denied impoverished Cherokees the benefit of the millions of dollars brought in by the casinos. He allows the casinos to hire non-Indians in favor of whites thus leaving many needy Cherokees in a state of poverty. I know this because they call me every day asking why their multiple applications just get ignored. I get them jobs at the casino because I know the men and women willing to help. Chad wastes tribal money on failed and failing businesses. He vetoes funding for Cherokee children. There has not been a major increase in health care funding in the eight years the man has been the Principal Chief. Numerous Cherokee citizens have been terminated illegally from their jobs at CNO and they could not get a fair hearing before the Cherokee courts. He tried to kick a respected Cherokee doctor off of the Election Commission when he couldn't manipulate him, thinking nothing of the man's service or good reputation (I kicked his lawyer's rear in court on that one). Chad Smith cheated on his full blood Cherokee wife, reported right here in the Muskogee Phoenix. And he did that not once, not twice and probably not just three times, even though that's all we can prove because three is the number of illegitimate children his mistress bore for him. Believe me, the list could go on and on.

I, on the other hand have done nothing but assist Cherokee people. You may not agree with how I do that, but how I do it is none of your business. I'm not an elected official and don't owe you or anyone an explantion. I help tribal employees who call me asking for help just about every day. I help Cherokees get enrolled (not just Freedmen, but all Cherokees). I help Cherokees fight their battles in the tribal courts when the lawyers around Tahlequah won't help because they don't want to jeopardize their contracts with CNO. I help Cherokee families fighting for their children against the CNO. I helped to start an independent newspaper called the Cherokee Observer so that the Cherokee people would have another source of information. I helped to start a non-profit organization called the WhitePath Foundation that assists impoverished Cherokees with the necessities they cannot get from Chad Smith. We have given out fans and air conditioners during the summer when CNO was doing nothing (the Creek Nation was then doing the same thing we were). I work almost daily with reporters from the major northeastern Oklahoma newspapers when they are doing stories about Cherokee people so they don't have to depend on the spin from the tribal government mouthpiece. I testified at several IHS hearings on blood quantum, speaking out against using blood quantum to determine eligibility, to protect the rights to those services by thin blooded Cherokees. I circulated a petition in the 80s to bring about a vote to amend the constitution on how we elect CNO councilors. I collected enough signatures to get the question of districts on the ballot so that the Cherokees in the outlying areas would have representation. It passed three to one, the same number favoring districts who had answered a poll taken by Mankiller. Yet the council at that time refused to put the question on the ballot themselves. I encourage Cherokee people to vote in the CNO elections, even when they don't agree with me (because the more voters the lower the chances of cheating by the incumbants). I served on the 1999 Constitution Convention, appointed by the Justices of the Cherokee Nation Supreme Court (JAT). And my name appears in eight books where I have been an informant for anthropologists and historians seeking to tell the story of the Cherokees. I don't just talk about preserving our culture and language, I do something about it. I assisted in the creation of a computer font now used widely to type the Cherokee language. And when Chad Smith first got elected in 1999, I saw him at Stokes Ceremonial Ground and told him of my idea of putting Cherokee toddlers into Cherokee language immersion classes. I told him about the work of the Hawaiians in preserving their language doing that. He knew nothing of language preservation, yet one of his greatest initiatives has been to create a total immersion class for Cherokee toddlers. But even that is a miserable failure because he refuses to fully fund and expand it. Go figure. Yes, he has done some good. You can't have millions of dollars in the coffers and not create a few jobs. Even the glutton feasting at the table drops a scrap here and there for his starving children. But Chad Smith's evil far outdoes any good he might be doing. I think the vote against him in Cherokee and Adair Counties (mostly tribal employees and those who know him best) at the June 23rd election tells the tale. I bet it just sticks in his craw every time he walks through the complex and has to wonder which of hundreds of his employees voted against him. The old saying about politicians is that if you aren't making them mad, you aren't doing your job. Well Samanthawar is proof that I and the rest of the Cherokees fighting against the vile administration of Chad Smith are having an impact. Otherwise they would not be on the attack.

Sam said:
They have both run for offices in the Cherokee Nation and they lost horribly.

My reply:
That is true and false at the same time. Why? Because its a broad generalization and totally ignores the facts. My dad ran for Deputy Chief of the Cherokee Nation. Yes, he lost "horribly." But he proved a point and that is the absentee vote in the CNO elections is corrupt. I think you can ask any Cherokee living in the Cherokee Nation, except those who benefit from it of course, and they will tell you that the absentee vote is corrupt. I ran for council twice. My second attempt was in 1991. It was in April of that year that I was attacked and beaten in front of the old Wal-Mart at Tahlequah (reported right here in the Muskogee Phoenix) because I had spoken out on protecting authentic Cherokee art and against fake Indians taking bastardizing our art and culture to enrich themselves while our true Cherokee artists go wanting and ignored. I had to fight against Linda Turnbull Lewis using $80,000 dollars of federal funds earmarked to promote Cherokee art when she took the money and instead promoted the art of fake Indians. The council was shocked and put a stop to her anti-Cherokee behavior. She is now and has been for years a big supporter of fake Indians who steal from the mouths of Cherokees and just like her boss Chad Smith, who does the same thing, they think nothing of hurting the real Cherokee artists. I worked hard to expose Wilma Mankiller's duplicity with those fake Indians and in so doing gave Congress the incentive they needed to pass the Indian Arts and Crafts Act of 1990 which protects real Indians and our artways.

Sam said:
David is a disgruntled former employee of Cherokee Nation.

My reply:
I am a disgruntled citizen of the Cherokee Nation. I am opposed to the way the Smith administration treats Cherokee people. That has nothing to do with my former employment by the CNO Registration Office or any other job I held at CNO. I left my employment at CNO in July 1990 to take a job with the Bureau of Indian Affairs in Washington, DC as a genealogical researcher for the Branch of Acknowledgment. I loved my work in the CNO Registration Office. My title was Research Assistant and I worked with some of the most difficult cases of Cherokees trying to prove their lineage. And it was in that job that I became aware of the rights of the Freedmen and how Swimmer and Mankiller had worked to destroy them. I went from a $20K job at CNO to a $40K job at BIA. The entire time I was there the Indian Art War was raging in Northeastern Oklahoma and I was neck deep in it, exposing fake Indians and the CNO officials who gave them succor. And while I was trying to help our Cherokee artists hold onto their jobs, members of the Mankiller team were working feverishly to get me fired from the BIA, filing complaints that I was interfering in the CNO's ability to govern. Again, if you're not pissing off the politicians you aren't doing your job. They didn't have to try so hard to get me fired though because I was so homesick for the Cherokee hills, to hear our language and attend a stomp, I only lasted four months, quit and came home.

Sam said:
They have been working to exterminate the tribe for decades because they could never get into office.

My reply:
As for me, I'm actually glad I never got elected. I have done so much more as one voice than I could have ever done on the council. When I first ran for Council in 1987, I was not beaten all that badly. In fact I won with the votes in the Cherokee Nation. But when the absentee votes came in, I was knocked down to 16th and only the top 15 got a seat. And when Clarence Sunday died before he was certified as a winner, I should have been moved up to 15th, but Mankiller's handpicked judges refused and certified a dead man. But to get back to the point, I still, after all of the recounts, only lost by nine (9) votes. My father and I have been working feverishly to get the officials of the tribe to do their jobs. The only thing we want to EXTERMINATE is the Swimmer/Mankiller/Smith political machine. The people of the Cherokee Nation are the tribe. However, Smith, whose ego has leaped into Super-ID since being elected to a third illegal term, thinks HE is the Cherokee Nation. That is why Sam equates my efforts to rid the Cherokee people of the political parasites who have governed the Cherokee Nation for over 40 years with trying to recriminate the tribe. The Cherokee people will live on beyond Chad Smith. We are the tribe. When we are finally rid of the evil politicians, the Cherokee people must be ready to take back their government.

Sam said:
They even went so far as to create their own wannabe club, call it a tribe, and scam people with car tags.

My reply:
I had nothing to do with the creation of the United Cherokee Nation, the organization that issued car tags. I was not even a member of the UCN until after the tag issue went to court. It must be remembered that the CNO was not issuing car tags at that time. The 1976 Constitution was silent regarding the issue. As members of the CNO and founders of the UCN, several Cherokees, frustrated that Joe Byrd, previous PC and Chad Smith, had ignored the pleas of Cherokees for car tags and took matters into their own hands. Under the law, when the constitution is silent or does not delegate a right to the government, that right remains with the people. Those Cherokees who issued car tags were not molested by the state and the numerous Cherokees who bought tags drove all over the state and other states and were not questioned even thoug CNO officials were complaining to any state official who would answer their phone. The issuance of Cherokee car tags by Cherokee Nation citizens was an internal matter for the Cherokee courts. But Smith, knowing that the Cherokee courts are bogus and have no real authority, took two of the UCN leaders to state court. The case should have been dismissed for lack of jurisdiction. But because of the collusion between the political power structure of Eastern Oklahoma and the money of the CNO, the judge held onto the case and ruled against the UCN leaders. They complied with the courts orders even though Chad Smith had committed a treasonous act by turning to a foreign court and ignoring his own courts to handle an internal matter of the tribe.

Now, just what is the UCN? The UCN is not a "wannabe" club. Every person who is a member of the UCN is a citizen of the Cherokee Nation and a member of the CNO or eligible for membership in the CNO. It operates under the authority of the 1839 Cherokee Nation Constitution, which is the ONLY valid governing document of the Cherokee Nation. That is the document which creates the office of Principal Chief and the government of the Cherokees and was continued in full force and effect by the 1906 Five Civilized Tribes Act. The CNO is only a vehicle whereby we vote for the office of Principal Chief and was created by Ross Swimmer under authority of the 1970 Principal Chiefs Act. The CNO is NOT the Cherokee Nation, but is merely an arm of it. But I digress. The UCN is a vehicle whereby Cherokee people, concerned with the direction of the CNO, express their views, join with others to discuss issues, get things done for our impoverished Cherokees and take an active role in the politics of our Cherokee people. I suppose if there is any truth in Sam naming us as a "wannabe" club, it would be that we wannabe active, we wannabe told the truth, we wannabe getting rid of Chad Smith.

Sam said:
Their agenda for years have been to see Cherokee people suffer and pay.

My reply:
Again, Sam equates Chad Smith with being "The Cherokee Nation." He's not. And I don't even want him to suffer or pay. He's a Cherokee and I care for him just the same as I do for any Cherokee. I love our people. My agenda, for years, has been to participate in the public life of the Cherokee Nation. To hold our elected officials accountable for their actions. To get other Cherokees involved and excited about our future as a Nation. To protect the rights of downtrodden Cherokees including our Freedmen, our full bloods among the UKB, the Delawares and Shawnees, traditionalists and thin bloods. We are all in this together and I have only advocated that we all participate in whatever way we feel appropriate and within the law.

Sam said:
They like to twist the facts and this is no exception.

My reply:
Prove it! Instead of just making generalizations, state which fact I have twisted. Its really tough to twist the Freedmen facts, but Chad Smith is the master of that. So tell me Sam, where have I twisted any fact.

Sam said:
They like to use the buzz word racism because that sparks interest and inflames people that don?t know the issue.

My reply:
What do you call it when people are ousted from their civil rights because they do not have the right blood? When it happened in the south because blacks were not white, it was called racism. And now that its happening in the Cherokee Nation, where we demand that the membership be comprised of a certain "RACE" in order to exercise their civil rights, that smacks of racism. If calling for a specific kind of blood is not racism, then Sam, I'm open to hear what you would call it.

Sam said:
Simple fact is, if you do not have Indian blood, you should not be a citizen of the Native American tribe. It doesn?t matter what race a person is, the Cornsilks just like to scare people with, the big bad ?R? word?ooohhhhh.

My reply:
I it walks and quacks like a duck, it must be a duck! The Cherokee Nation is a NATION. We stopped being an "all Indian tribe" more than 200 years ago. We have evolved and it is impossible to turn back the hands of time. Gone are the days of separate drinking fountains and waiting rooms. You can't have that again Sam, no matter how bad you and Chad Smith want it. Every one of the indigenous governments are different. Each has its own political and social evolution. The Cherokee Nation is no different. We evolved into a multi-ethnic community and I for one am proud of our openness and inclusiveness. The United States does not have government to government relations with a race. If you suddenly change the evolutionary path of the Cherokee Nation, turning it into an "Indian club" then it is not the same Cherokee Nation that the United States recognized as a sovereign.

Sam said:
The true issue is the sovereign right of a tribe to determine their own citizenship.

My reply:
And finally we have something upon which we can agree. The issue is one of sovereignty, but it is attenuated with the need for the sovereign to act responsibly toward its citizens. The United States has the sovereign authority to oust the Cherokee Nation in just the same way as the Cherokee Nation has the authority to oust the Freedmen. Tit for tat Sammy. The CNO cannot run with the big dogs and destroy its minority population, just like Sudan in Darfur, Serbia in Croatia, Soviet Union in the Caucusus, South Africa in Leseoto and Germany against the Jews, without expecting our contracted partner, the U.S. government not doing something in response. We have exercised our internal right to commit genocide against an innocent and helpless minority in the Cherokee Nation. The U.S. government is now exercising its right to not do business with a government who would do that to innocent people. It is all about sovereignty and that goes both ways. Go ahead, destroy the Freedmen. But then don't whine when you get spanked for it.

Sam said:
If you notice, they keep referring to the Cherokee Nation as CNO or CNOT and make claims that it is not a tribe and on the other hand, they spout all this crap and then fight for a group to have citizenship in it.

My reply:
If you were paying any attention to the law, you'd be saying the same thing. The 1999/2003 so called constitution is NOT valid. The 1976 Constitution, which remains in effect for the time being, defines the organization created by Ross Swimmer to effectuate the voting of the Cherokee people in accordance with the 1970 PCA styles that group as the "Cherokee Nation of Oklahoma" or CNO. My father uses the acronym "CNOT" to describe those of you who are traitors to the Cherokee people. Thus that acronym, when spelled out is "Cherokee Nation of Oklahoma Traitors." Pretty simple, nothing too sinister there, just a few letters. Why all the hubbub, bub.

Sam said:
That being said, You would think in this day and age that the government would quit trying to exterminate the Native American tribes but it is true. The Government is doing it again.

My reply:
No, it is Chad Smith who is trying to exterminate the tribe. He was successful in destroying the sovereignty of the Delawares. He has left the UKB and the Shawnees landless and impoverished. He was warned by the federal government that if he violates the Treaty of 1866, there WILL BE CONSEQUENCES. He even had an identical example in the Seminole Nation who were devastated by a withdrawal of federal funding when they attempted to destroy their Freedmen. You cannot blame the skillet for being hot when you are told not to touch it.

Sam said:
Congresswoman Diane Watson is proposing to exterminate government relations with the Cherokee Nation.

My reply:
Ok Sam, why not tell the whole truth and not just the part that seems to make your point. The Watson bill gives the Cherokee Nation options. They can comply with the Treaty of 1866 or they can suffer the consequences of their own action. Its all about choices and taking responsibility for them. Obviously Chad Smith thinks the Cherokee Nation, smack dab in the middle of the United States, can go it alone and doesn't need the government to government relationship our people forged with the U.S. over the past 200+ years. It was his choice to do this and they are his consequences. Sadly, the Cherokee people will be the ones to suffer.

Sam said:
The ironic thing is she claims that it is because the Cherokee are not living up to their treaty with the federal government in 1866!

My reply:
And she is correct. The Cherokees have not lived up to their treaty obligations to protect the rights of their former slaves AND THEIR DESCENDANTS.

Sam said:
Let?s see, the government stripped the Cherokee of their land...

My reply:
NOT TRUE. While it is true that individual Cherokees lost their land allotments to graft and corruption, it was the Cherokee people themselves who voted in favor of the 1901/2 Cherokee Agreement. If you are implying that our ancestors were stupid or unable to determine their future, then you insulting our ancestors. Yes, the vote on allotment was forced upon us by the U.S. government through the Curtis Act. But the Cherokees still could have voted NO. And most of the Cherokees voting yes were thin bloods and intermarried whites. The freedmen and full bloods voted to preserve our National lands by voting against allotment. Which one of those are your ancestors?

Sam said:
and is attempting to strip them of their culture.

My reply:
NOT TRUE! Culture is learned or lost in the home. Most Cherokees, more than 90 percent, including Chad Smith and members of his administration, are among those who have lost their culture or never had it. Real Cherokees don't try to destroy the rights of others. They live and let live. They embrace people based on the goodness inside them and do not reject them because of the color of their skin. The true culture of the Cherokees has survived much more than what we face right now. What Chad Smith has done to the Freedmen and the rest of the Cherokee people is the greatest threat to our culture we have ever faced. Why? Because he lies to the non-cultured Cherokees that what he does is "ga-du-gi" and he paints his own actions as if they were true Cherokee thinking. They aren't. He and his followers are blinded by money and power and wouldn't know ga-du-gi if jump up and bit them in rear. Sam if you living a good Cherokee life, thinking as a Cherokee with a good mind and treating your fellow man as you would hope to be treated is contingent upon the federal handouts, then you are no Cherokee.

Sam said:
According to the 1866 treaty, the State of Oklahoma would have been a Native American state but instead, the federal government broke the treaty and gave way to stealing the land the government promised in writing to protect! Of course you won?t see the full Treaty being brought into action.

My reply:
Had the Treaty been fully implemented, there would never have been a state of Oklahoma, whether Indian or not. But that does not appear in the 1866 Treaty. Its in one of the older ones and is a question never raised in court by the Cherokee Nation, even though it was given the opportunity to do so by the Indian Court of Claims. In fact, the entire allotment scheme was never questioned by the W.W. Keeler administration and it gives one pause to ask why. Could it be that Keeler, Swimmer, Mankiller and Smith are all in cahoots with the state of Oklahoma to suppress the rights of the Cherokee people to govern themselves! There is a 1940s Solicitor General opinion that says the Cherokee Nation has the authority to tax any financial transaction occurring within its historic borders, whether by an Indian or a white. Has the CNO ever tried to enforce this provision? NO. Is the federal governments eagerness to enforce the Treaty regarding the Freedmen as opportunity to get other provisions enforced? YES. Do the racists at CNO see that? Probably, but they can't let opportunity get in the way of putting the blacks out of the tribe.

Sam said:
Cherokee Nation voted that people (all people) who could not prove that they were Cherokee by blood (lineage to the Dawes roll registry) that they could not be citizens of the Cherokee Nation and be called Cherokee.

My reply:
A small percentage, less than 3 percent, voted that way. And they did so in an illegal vote that not only violated the 1976 Constitution, but will also be found to be in violation of the illegal 1999/2003 constitution. An illegal vote is no vote at all. But even if it were or is found to be legal does not make it right. It is not right any more than a vote to deny the black citizens of Alabama and Mississippi their lawful rights to vote.

Sam said:
Makes sense?you have to be Indian to claim it.

My reply:
Citizenship in a nation is not based on blood or race. The Cherokee Nation is an indigenous government that happens to be comprised of mostly Cherokee Indians. But again, the U.S. government does not have government to government relations with races. The Cherokees have voted (illegally) to turn the Cherokee Nation into an all Indian club instead of the Nation we have evolved into. It does make sense to "be Indian to claim it." But Indian is race and race is a social construct and has nothing to do with citizenship. And if a majority, whether white or Indian, attempt to destroy the civil rights of a minority in the Nation, it is racism, plain and simple.

Sam said:
This sounds simple enough but this would mean excluding a group called the Freedmen who were former slaves of the Cherokee, from having citizenship rights.

My reply:
What about all of the Freedmen, at least 1/3 of them on Dawes, probably more if we really searched the records, who have Cherokee blood that was not put on the Dawes Roll. What about Mary Walker Elliott 3/8 Cherokee Indian, Perry Ross 1/2 Cherokee Indian, the Baldriges 1/2 Shawnee Indian, the Lynch children 1/8 Cherokee Indian, Susan Pee 1/4 Cherokee Indian, Belle Poorboy 1/2 Cherokee Indian and many others who are provable Cherokees Indians listed on the Freedmen Roll and were not permitted to list their blood degree because they were part negro and viewed not as Indians like their mixed white counterparts, but as nothing more than negros. Chad Smith knows they are there on the Freedmen Roll. He knows that the March 3 vote not only expelled the non-Indian Freedmen, but also expelled Freedmen who have bonefide Cherokee Indian blood. If you really cared about bringing together the Cherokee Indian family, you'd be fighting for the descendants of those Cherokee Indians, but alas, they are, in your and Chad's view the same thing they were in 1902, just Negroes.

Sam said:
The issue here is the Freedmen had citizenship rights for a 1 full year (ONE YEAR)...

My reply:
FALSE! Read the ruling issued by the Cherokee Supreme Court (JAT) in the case of Allen v. Council. All three of the judges agreed that the Cherokee Freedmen had been citizens of the Cherokee Nation from their adoption in 1866 and right up to the eve of the adoption of the 1976 Constitution. Where the majority of the court diverged from the single judge minority is that the Freedmen citizenship survived the adoption of the 1976 Constitution and continued to be citizens. You are trying to called apples oranges. The court ruled the Freedmen were citizens all along, that means 140 years! The fact that they had been denied the civil rights and voting for 23 of those years does not diminish the legality or existance of their citizenship rights. Certainly their rights were restored for only one year when they were illegally voted out. But even that does not diminish their rights because their rights exist in a sacred promise made by our ancestors to the men and women they had so cruelly enslaved, raped and brutalized for their own enrichment. We promised them citizenship in the Cherokee Nation, for themselves and THEIR DESCENDANTS. I, for one, intend to honor our ancestors by keeping their promise.

Sam said:
only due to a judge who had her own agenda to run for Principal Chief of the Cherokee Nation.

My reply:
FALSE! Again, read the ruling. It can be found at
www.cherokeecourts.org. A majority of the court ruled in favor of the Freedmen in a two to one vote. In fact, one of the judges (not the one who ran for chief) reversed his own previous opinion regarding the Freedmen. His special opinion can be read on that site as well. None of the rulings of the Supreme Court are by only one judge. Your lies do not pass the sniff test. They stink because they represent the rot that has taken place in the Smith Administration and obviously has spread to the inerds of his followers.

Sam said:
After failing, the saga has been set to motion. The only thing the press picked up was that that the Cherokee were kicking out all black people when that is not the case at all.

My reply:
That's because that's what we are doing! We didn't exclude any other people from tribe but those of Negro ancestry. Even though Smith included the Intermarried White section of the roll, it is well known that the descendants of those people appear on the by blood roll because the intermarried whites were married to Cherokee Indians and their children were by blood. The March 3 vote was strictly against the Freedmen, a class of Cherokee citizens segregated on the Dawes Roll because they were slaves or the descendants of slaves. While we can do nothing about that segregation, which took place 105 years ago. We Cherokees are forbidden by the U.S. Constitution at Article 13 to harm others based on their previous status of involuntary servitude (slavery).

Sam said:
If any black, white, yellow, or other race can also prove that they have Cherokee blood (like everyone else does), then they also can gain citizenship into the tribe.

My reply:
But all that means is those people become members of the "All Indian Club" based on having Cherokee Indian blood! In other words they are no longer white, black or yellow and become a new race known as "Cherokee by blood." Which then proves that racism is at the root of this issue because the concept of citizenship just described is based on having the right kind of blood, which is, by definition RACISM.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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