"But it's going to be harder for them to try to do that. If they put me in jail at least people will know exactly what they are doing... I'm not telling my story to help [Scott Walker], or to hurt him.... I don't care who is doing it, the right or the left. I don't want this to happen to anyone. I'm hoping that by telling my story I can wake people up to realize what's happening."
Kelly Rindfleisch speaks (to The Wall Street Journal).
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८९ टिप्पण्या:
Somebody provide a similar example of lawfare waged from the Right please...I am unaware of one.
And the prosecutors aren't conducting a partisan political witch hunt on the tax payer's time and dime?
...und dein name ist Rindfleisch?!?!
The irony will fail to be comprehended by Garage.
garage, maybe you can clear this up for me. Kelly Rindfleisch's crime was to use her personal phone and personal computer to make campaign calls, but she failed to leave the government building. This is a felony in Wisconsin? Remind me to leave the tag on the mattress if I ever visit Wisconsin.
prosecutoral misconduct seems to run rampant
In the WSJ comments, we see an entry from Ms. Rindfleisch's sister....
One individual had no respect for the decorum of a courtroom. He sat behind my sister making snide comments and harrumphing through the entire proceedings especially when it was my oldest brothe'r and sister's turn to speak on Kelly's behalf. He was disruptive, disrespectful and rude yet he wasn't removed. He was yelling at Kelly as she left the courtroom and went into the elevator. She walked away with the grace and decorum of one who has admitted her mistakes from the beginning and willing to serve her sentence.
I wonder how Garage has been spending his time??
There are other stories like this, some like Tom DeLay and Ted Stephens are politicians who should be able to defend themselves but they are destroyed by political prosecutions.
To see a private citizen get attacked like this is nauseating. For one thing, it repels people from ever getting involved in government, even local government. That leaves it to the creeps who want whatever they get from politics. Money or attraction.
I look at what was thrown at Romney and wonder who would be willing to put up with that.
"Hollywood for ugly people."
According to prosecutors, her work for Mr. Davis was perfectly legal but her presence in a government building when she sent the emails was a felony.
This is illegal under federal law, too, and if it were enforced in DC at election time, you could just come in an do an ICE-style sweep of the Senate and Congressional staffers and haul them all off to the pokey.
The other daily felony is using personal methods of communication to keep government business "off the record". This includes methods as diverse as using personal email for federal business (thus making sure that a copy isn't automatically saved for the National Archives) to having meetings in public places such as a Starbucks as opposed to in a federal building.
Prosecutorial discretion hides many mortal sins.
What the hell? Do prosecutors have the equivalent of internal affairs? They should.
This is blatant use of the prosecutor's "discretion" to advance a political agenda. That's not even worth debating.
But what I want to know is why nobody stepped up to help her with the defense costs. She wasn't just railroaded by Walker's enemies. She was deserted by his (and her) friends. Yeah, the left would have used any assistance this against them, but there has to be some sense of fairness here.
For that matter, it would seem there might be civil libertarian or non partisan groups that could have helped her. Apparently none did.
Or law students and professors interested in justice. Where were they?
This story does not just reflect badly on the Wisconsin left.
Well, actually ....
Al Gore and his "controlling legal authority"?
She should have remembered, but then if she was just an accidental employee in political show biz, and not a professional, it is perhaps understandable.
I don't live in Wisconsin, haven't even heard of this matter before, but -giving Ms. Rindlfleisch the benefit of any doubt caused by my admitted ignorance of this matter, it certainly seems to me that the prosecutors -frustrated by not being able to "GET" Gov. Walker or anyone higher up the food chain than she - acted in a truly unprofessional manner.
Any self-respecting person would have to be disgusted by the way she has been treated.
I would LOVE to read Prof. Althouse's views of this matter
Pure fucking evil. Take a bow Garage, feel proud of yourself?
The left wing has no problem ruining a poor woman's life to pursue power.
The only good leftist is a dead leftist.
Anyone want to take a bet that Ms. Rindfleisch is about to face an income tax audit?
I saw this on the Opinion page of the WSJ yesterday and thought about how sad it is with run-amok prosecutors and the John Doe prosecutions that emanate out of Wisconsin, particularly Milwaukee.
But in Ms. Rindfleisch's case, prosecutors opted for the much less specific misconduct charge in order to convict her of a felony. Section 946.12 of state law bars public officials from acting in a way that is contrary to their duties and confers a "dishonest advantage" on themselves or others.
Even if it was forbidden, was the necessary element of acting in her "official capacity" present when she sent those emails?
946.12 Misconduct in public office. Any public officer or public employee who does any of the following is guilty of a Class I felony:
(1) Intentionally fails or refuses to perform a known mandatory, nondiscretionary, ministerial duty of the officer's or employee's office or employment within the time or in the manner required by law; or
(2) In the officer's or employee's capacity as such officer or employee, does an act which the officer or employee knows is in excess of the officer's or employee's lawful authority or which the officer or employee knows the officer or employee is forbidden by law to do in the officer's or employee's official capacity; or
(3) Whether by act of commission or omission, in the officer's or employee's capacity as such officer or employee exercises a discretionary power in a manner inconsistent with the duties of the officer's or employee's office or employment or the rights of others and with intent to obtain a dishonest advantage for the officer or employee or another; or
(4) In the officer's or employee's capacity as such officer or employee, makes an entry in an account or record book or return, certificate, report or statement which in a material respect the officer or employee intentionally falsifies; or
946.12(5) (5) Under color of the officer's or employee's office or employment, intentionally solicits or accepts for the performance of any service or duty anything of value which the officer or employee knows is greater or less than is fixed by law.
While I await moderation of my prior comment, I would also like to say that the references to "garage" no doubt refer to the commenter named "Garage Mahal" (sp?) and I don't understand that.
As I'm reading this thread about obvious prosecutorial overreach and abuse, I don't see any comments at all from "Garage" and wonder why folks here think that he would support such overreach and misconduct?
@EDH She pleaded guilty.
More evidence that the left is pathologically consumed with the acquisition of power and utterly bereft of any humanity or morality.
As if more evidence was needed.
Sickening. I look forward to comment by Professor Althouse. But since these junkyard dogs are still running free in her neighborhood, she may have to be more than usually careful.
----Anyone want to take a bet that Ms. Rindfleisch is about to face an income tax audit?
Since she's impoverished, I think her bigger worry is that they will deny her Obamacare.
Mr. Walker should have gotten her Mr. Gore's lawyer.
@Althouse - When your life savings is gone, what else can you plead? Due process is dead.
"Blogger Ann Althouse said...
@EDH She pleaded guilty."
One of the worst abuses in US law enforcement is over charging to force the defendant to plead guilty or be ruined financially. Conrad Black, another public person hated by the left, was rich and still nearly ruined by overcharging.
The judges refused to leave him free while his appeal was heard. His book, A matter of principle is interesting. After his experience he vowed to never place himself in a US jurisdiction again.
She had no chance.
Any judge that would sentence her to jail deserves a gasoline bath--guilty plea or not. Al Gore campaigned from his office using a government phone line and never saw a second in jail.
Even if mooted by the plea, I was seeking feedback on the merits of the defense.
If the failure of counsel was that egregious, might she have an ineffective assistance of counsel appeal?
Ineffective assistance of counsel may also be a ground for voiding a waiver of the right to appeal that a defendant may have signed as part of a plea agreement with prosecutors. United States v. Shedrick, 493 F.3d 292, 298 n.6 (3d Cir. 2007).
I don't see any comments at all from "Garage" and wonder why folks here think that he would support such overreach and misconduct?
Sadly, years of experience.
garage is practically orgasmic about the destruction of this woman's life. He hopes for more and more.
Its all about making people afraid to participate in the democratic process.
Remember Spencer Ackerman? "What is necessary is to raise the cost on the right of going after the left. In other words, find a rightwinger's [sic] and smash it through a plate-glass window. Take a snapshot of the bleeding mess and send it out in a Christmas card to let the right know that it needs to live in a state of constant fear. Obviously I mean this rhetorically."
Government pigs. And they wonder why some of us don't want to give the government more power?
Party faithful.The republican party needs volunteers in the upcoming midterm elections.However if you violate some obscure mickey mouse election law,watch how quickly we disown you.
"As an older single woman, Ms. Rindfleisch says, prosecutors may have seen her as an "easy target" who could be pressured to implicate others."
War on Women.
Vice President Al Gore acknowledged today that ''on a few occasions'' he had made telephone calls from his White House office seeking Democratic campaign contributions...
Mr. Gore said the Vice President, like the President, is exempt from the Federal Hatch Act, which makes it illegal for most other Federal officials to raise money for campaigns. And he used legalistic language, which he repeated verbatim several times, to say he had not violated another law that prohibits anybody from raising campaign money in the White House.
''My counsel advises me that there is no controlling legal authority or case that says there was any violation of law whatsoever,'' Mr. Gore said.
These prosecutors are under-worked if they have time to do crap like this. We need to cut the attorney general's budget by 20% or more.
Somebody provide a similar example of lawfare waged from the Right please...I am unaware of one.
I guess I will go out on a limb with this one -
Wisconsin Dems suddenly support political investigations
Biskupic tried to 'squeeze' Georgia Thompson
re; Georgia Thompson
The federal prosecutors who put Georgia Thompson in prison, on charges later overturned by an appeals court as lacking in merit, repeatedly offered to go easy on her if she were to implicate others in the administration of Wisconsin Gov. Jim Doyle.
Should the govt wish to destroy you in a court of "law" they will. You will be destitute before they are near finished with you.
If thats all they have the prosecutor should prosecute himself for misconduct. Prosecutors should be stripped of their immunity.
"You bring me the man, I'll find you the crime."
Lavrentiy Beria
Why would anyone want to be involved in politics?
Now that's some dirty shit right there! While I'm sure the dipshits will immediately sink to partisan name-calling, this is really an indictment of the country and culture as a whole, just ask Monica Lewinsky. I can most relate to this:
"Mr. Walker has declined multiple opportunities to speak on Ms. Rindfleisch's behalf, and her former colleagues have been similarly silent."
Y'all know I don't like Scott Walker, and this is just another reason for he and his racist crew to sink even lower in my eyes. There's no honor on either side here.
Thus, no reason for anyone to crow,...
The process is the punishment.
- Mark Steyn
I try consistently and perhaps desperately to live my life so as not to be governmentally "noticed." Cowardly, probably, but I have neither the resources nor knowledge to defend myself if someone with power were determined to "get" me.
realwest @ 12:02
Brilliant ironic comment if indeed meant ironically!
If not, you're new here. Welcome to the Althouse commentariat. One point of etiquette though. It is considered good form to include the phrase "secret router" in your comments. I admit its a strange convention, but it is what it is.
Really disgusting.
Who would ever want to work in politics?
Auntie Ann! Auntie Ann! Tell us about the constitution and the rule of law!
The Crack Emcee said...
While I'm sure the dipshits will immediately sink to partisan name-calling...
As opposed to purely gratuitous name-calling.
Thus, no reason for anyone to crow,...
Any statement by Walker would just be fuel on the fire, and pour more grief upon this woman. It's a lose-lose situation.
Crack: " I can most relate to this:
"Mr. Walker has declined multiple opportunities to speak on Ms. Rindfleisch's behalf, and her former colleagues have been similarly silent.""
LOL
Yes, I'm sure the case of a white woman who is being pursued by partisan dem politi-hacks is something you can definitely relate to.
Why, it's as if yours and Kelly's experiences were identical.
LOL
Crack has gone so far beyond self-parody he's in another galaxy.
More proof that there are too many laws that are easy to break.
..and I suspect Garage is outside.
Man is it nice out!
Yes, where is Garage (secret router) Mahal, and also War-on-Wymmyn Inga?
You'd think they'd both be here already crowing and whooping and cheering. This is a Republican who by accident of birth just happens to have a vagina, and therefore is just a WINO (Woman in Name Only).
Since they couldn't find any secret routers in Wasilla, they instead used the exact same technique on a civil basis to try to destroy Palin and her family, coordinating a flurry of specious, ridiculous "ethics" charges that nearly bankrupted her. It almost succeeded too, because of a quirky Alaska law that allows any loon to file an ethics complaint, every one of which must be fully investigated no matter how inane or stupid, and denies the accused a state funded defense and disallows them to solicit defense contributions.
If they had succeeded, you would never have heard of Palin again. The fact that she not only survived their pogrom, but thrived and became a millionaire infuriates them to the point of apoplexy. They will never ever ever leave her alone again for the rest of her live and the lives of her children.
Leftism is a sick mental pathology.
Still it's amazingly stupid of her to think she'd not get into trouble making the calls inside the government building. On the other hand, I can also see this prosecutor finding some "felony" if she did it from her home on her own phone & computer.
Yes, where is Garage (secret router) Mahal, and also War-on-Wymmyn Inga?
You'd think they'd both be here already crowing and whooping and cheering. This is a Republican who by accident of birth just happens to have a vagina, and therefore is just a WINO (Woman in Name Only).
Since they couldn't find any secret routers in Wasilla, they instead used the exact same technique on a civil basis to try to destroy Palin and her family, coordinating a flurry of specious, ridiculous "ethics" charges that nearly bankrupted her. It almost succeeded too, because of a quirky Alaska law that allows any loon to file an ethics complaint, every one of which must be fully investigated no matter how inane or stupid, and denies the accused a state funded defense and disallows them to solicit defense contributions.
If they had succeeded, you would never have heard of Palin again. The fact that she not only survived their pogrom, but thrived and became a millionaire infuriates them to the point of apoplexy. They will never ever ever leave her alone again for the rest of her life and the lives of her children.
Leftism is a sick mental pathology.
Tyrone Slothrop said...
The Crack Emcee said...
While I'm sure the dipshits will immediately sink to partisan name-calling...
As opposed to purely gratuitous name-calling.
Yer right, my bad.
madAsHell said...
Thus, no reason for anyone to crow,...
Any statement by Walker would just be fuel on the fire, and pour more grief upon this woman. It's a lose-lose situation.
She's a human being and powerless. If he had integrity - or even a heart - he'd stick his neck out for her.
Political considerations have to come second sometimes,...
Sorry about the double post. The first one looked like it didn't take.
That said, the final sentence about leftism being a sick mental pathology is worthy of repeating multiple times, every day on every post on every forum remotely, tangentially or peripherally related to politics.
Drago,
Yes, I'm sure the case of a white woman who is being pursued by partisan dem politi-hacks is something you can definitely relate to.
Why, it's as if yours and Kelly's experiences were identical.
As usual, you don't do yourself any favors in the reading-and-not-assuiming dept. Is it any stretch to identify with someone isolated? No, because you'll leap to the completely implausible instead - trying to smear someone in the process with your ignorance.
Damn, Drago, for someone who pops up often with something to say, you're not correct in your assessments of anything very much.
Mean while, Lois Lerner is guilty as sin and free as a bird.
Alex said...
Still it's amazingly stupid of her to think she'd not get into trouble making the calls inside the government building. On the other hand, I can also see this prosecutor finding some "felony" if she did it from her home on her own phone & computer.
She used their wifi - big deal. To turn that, into all this, is a travesty. And I say that as someone who wants Scott Walker gone.
This is not justice, or right, or what America's supposed to be about.
It's quite obvious the prosecutors wanted Walker's head on a post and would stop at nothing to get it.
Recall what FBI agent David Welker said while assigned to New Orleans a few years ago: "I can indict a turnip," Welker said.
We are quickly approaching the finish line in this country.
Still it's amazingly stupid of her to think she'd not get into trouble making the calls inside the government building
Note - according to the article she was not convicted on that:
Fundraising in a public building is a misdemeanor under section 11.36 of the Wisconsin criminal code. But in Ms. Rindfleisch's case, prosecutors opted for the much less specific misconduct charge in order to convict her of a felony. Section 946.12 of state law bars public officials from acting in a way that is contrary to their duties and confers a "dishonest advantage" on themselves or others.
Reading between the lines, either A),they wanted a felony instead of a misdemeanor conviction; B), they knew something that required more "specific" evidence would not hold up, or C) it was a kind of a "let's not go there" dynamic because everyone knew that could open up a whole new can of worms (i.e, think of state union employees, teachers, etc. and what could show up if looked into).
I'm figuring option C.
Crack: " No, because you'll leap to the completely implausible instead - trying to smear someone in the process with your ignorance."
The only one getting smeared here is Kelly.
You know, the real victim.
Not you.
Poor li'l guy you.
And let's examine who is using the power of the state to isolate this woman: the dems.
Your pals.
Your pals are using the coercive power of the state to get this woman, and your first thought, as always, is to claim victimhood for yourself.
Pathetic.
Expected.
Predictable.
But still pathetic.
geokstr,
"The final sentence about leftism being a sick mental pathology is worthy of repeating multiple times, every day on every post on every forum remotely, tangentially or peripherally related to politics."
LarsPorsena,
"Mean while, Lois Lerner is guilty as sin and free as a bird."
That intense focus on the left, the left, the left - when the right is going down in racist flames - is truly bizarre. Rather than trying to save the right, you're so busy attacking, attacking, attacking, you'll never realize you're doing it with a wet noodle until it's too late.
In case you guys haven't noticed, nobody cares anymore,...
Crack: "Damn, Drago, for someone who pops up often with something to say, you're not correct in your assessments of anything very much."
Well, that comment amounts to basically nothing.
Par for the course.
Oops.
Golf reference.
My bad, as I've been informed by lefties that referencing golf in any fashion in dialogue with a black is racist.
That "dog whistle" list is certainly getting longer.
As is the list of "rules" and prosecutorial discretion that is being used to crush this woman by Cracks pals in the dem party.
Not to worry.
I'm sure the dems have no control over their actions due to "Walker".
"....In case you guys haven't noticed, nobody cares anymore,..."
Nobody in your racialist world.
The ultimate point is leftists targeted Scott Walker for destruction after he initiated his public employee union busting agenda. That meant anyone who could facilitate that would be destroyed along the way.
Note to children - do not ever get involved in politics as a profession. Not worth it.
A different view of the Kelly Rindfleisch story.
So basically a woman commits a misdemeanor for not stepping outside a government building, and the prosecutors come up with 4 felony charges instead just because they can. It sounds as though the law is poorly written if a specific crime with detailed evidence leads only to a misdemeanor while a more vague charge is available with less evidence required and more serious penalties. What exactly is the public harm here that warrants going with a felony when the specific crime already known is only a misdemeanor?
I only know what I read here. Perhaps there's more to the story, but by no stretch of culpability did this woman do anything that deserves prison time. That's just too over the top. The Democrats commit at least as many campaign violations as Republicans. They're setting a precedent that will bite them in the ass......One good thing for the Dems, there will never be a Lifetime movie made about the plight of this woman.
In case you guys haven't noticed, nobody cares anymore,...
You say that like it is a good thing, and without mentioning your devoted efforts to make that true by shouting racism every chance you get, in an effort to make no one care.
Lindyhop. The linked article does not contradict anything of consequence in the WSJ article.
Too bad she couldn't afford to go to trial. This is exactly the sort of case for which jury nullification was invented.
Kelly Rindfleisch is hardly an innocent, she knew what she was doing. As the Milwaukee Journal Sentinel article I linked to states, she was given immunity 10 years ago in a "Caucus scandal".
link to story
Althouse,
"@EDH She pleaded guilty."
Sure, I read that part of the article. But that doesn't stop me from thinking this was Yet Another Case of the State employing its vastly greater resources against a (relative-to-that) impoverished defendant, who decides to take a plea bargain instead of rolling the trial dice. The longer I think about this issue, the more I tend toward Glenn Reynolds' position on plea bargains.
Here is something completely germane to the conversation:
Fuck every Wisconsin liberal who doesn't stand up to these organized criminals in the prosecutors office for what they do in the name of their evil political views. Actually, fuck up their children. Maybe - and even then only maybe - will evil liberals stop for a minute their daily hate of republicans and the American way of life.
I didn't read through all of the comments, so maybe someone already answered this and I apologize in advance if they have.
"In October 2012, she pleaded guilty to misconduct in public office for sending fundraising emails during the workday for Brett Davis, a candidate for lieutenant governor. She is now appealing that conviction,"
How do you plead guilty and then appeal?
Doesn't Walker have any pardon power? This is very unjust. I'm all for rooting out corruption, but this isn't corruption. Walker should do something to help her. W at least commuted Scooter Libby's sentence and that was also a ridiculous waste of taxpayer money.
al gore solicited campaign donations on government phones in government buildings and dan rather dismissively stated the law was some NINETY YEARS OLD! I remember another occassion(before this one) when a Republican was accused of something (don't remember what) and the law he was accused of violating dan rather breathily stated that the law was on the books for almost half the United States' existence. So that law was older but revered because of its age. Go figure.
Gahrie said...
In case you guys haven't noticed, nobody cares anymore,...
You say that like it is a good thing, and without mentioning your devoted efforts to make that true by shouting racism every chance you get, in an effort to make no one care.
If this country's original sins are slavery and it's racism - and they are - then eliminating them are our highest priorities. So yes, it IS a good thing, and I'm glad to scream it to the heavens, if that's what it takes to get God's attention, that we're better than he gave us credit for.
YMMV
Lindyhop,
I'm with Michael on this one - it's a question of wifi usage and if why she's in this predicament is understandable. I think it is - and so would most people, I think:
"There's an awful heavy hammer that's being used on this woman"
We're not questioning her guilt, just her prosecution,...
I'm honestly surprised that Althouse doesn't understand why our thoughts immediately turn to the strangely silent garage mahal.
How does he think his Ahab-like quest for the secret routers is prosecuted?
We know garage mahal well from his long, long track record of commentary here. I don't recall him ever departing from the Democratic/libtard machine faxed-over talking points. Not once.
He's done it the last 999 times. If he objects, he's free to do so here. I suspect he's still waiting for instructions from his handlers.
"I'm honestly surprised that Althouse doesn't understand why our thoughts immediately turn to the strangely silent garage mahal."
You're honestly surprised at your own imagined idea of my not understanding something that you are merely thinking about what someone else is not saying?
Even if I had thought about that how would you be able to delve into the level of my understanding?
If this surprised you… that's just weird.
You're assuming I'm bizarrely focused on the minds of the commenters. I'm focused on whatever I'm posting about, and I respond to commenters when they say something that interests me in some way.
The Crack Emcee said...
If this country's original sins are slavery and it's racism - and they are - then eliminating them are our highest priorities.
You'd think someone claiming this would address his own racism.
People ask more about Garage here than this reporter looked into Rindfleisch's charges or past.
This article kind of forgets that this is not the first go-round for Ms. Rindfleisch. She was granted immunity for her testimony during the Caucus Scandal a decade prior.
The local papers don't understand why she didn't learn her lesson the first time ... but to the WSJ it's just a witch-hunt.
The local WSJ hasn't thought so, even from the get-go. Ms. Rindfleisch is a known player, you see.
http://host.madison.com/news/opinion/editorial/caucus-scandal-all-over-again/article_548bf94c-4d2c-11e1-8c58-0019bb2963f4.html
Marshal said...
The Crack Emcee said...
If this country's original sins are slavery and it's racism - and they are - then eliminating them are our highest priorities.
You'd think someone claiming this would address his own racism.
What racism? Calling white conservatives "whites" isn't racism. Getting pissed off at white conservatives for 15 generations of bad deals isn't racism. Calling white conservatives out for their rooting-tooting kill-the-animals rhetoric when there's a Trayvon-type incident out there (Why IS George Zimmerman signing autographs?) and acknowledging the fact that black culture is now being called bad when it's never been free of the white supremacy the rest of you "don't even think" about isn't racist. So what, pray tell Sir, are you talking about?
Did I lose my temper, somewhere, online?
Sorry.
The Crack Emcee said...
What racism?
Believing people are guilty for the actions of different people who share the same skin color. Apparently Crack thinks since he only applies this principle to white skin it's not racist.
Marshal,
"Believing people are guilty for the actions of different people who share the same skin color. Apparently Crack thinks since he only applies this principle to white skin it's not racist."
You're not guilty of doing it. You're guilty of not correcting it. Leaving it to me to do. Acting like it never happened or has no effects or ramifications worth mentioning. Trying to shut down conversations about it. Trivializing it. Marginalizing it. Trying to find a moral leg to stand on instead of fighting the evil.
As Paul Ryan is discovering, this isn't about whether he's got "a racist bone" in his body, but whether he's got any idea how to get what blacks need in his head.
Starting with a break from white supremacy,...
Crack Emcee said...
You're not guilty of doing it. You're guilty of not correcting it.
If I didn't do it I don't owe you a correction. Guilt was clearly understood when you claimed whites "owe" blacks.
Are Democrats such vicious assholes because of some defect in liberalism or because their leaders constantly label Republicans as "evil" and they see themselves willing to be vicious because they are battling the great satan?
Ah. Hang on. I must have been reading diagonally for some reason. I had for some reason attributed realwest's comments above at 12:02 pm to the professor.
My apologies to Althouse.
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