drew up in the search warrant affidavit based on his phone pinging cell towers starting at 4:48 a.m. november 14: dana, really this doesn't change things except the police have always said he turned his phone off and disabled it at the time of the murders and then turned it back on in the hours or so afterwards. back to you. >> dana: thank you for that. didn't expect that this morning. we'll check it out. before we go an amazing sight in iceland. natural beauty in this time lapsed video. the northern lights glowing over an active volcano sending up clouds of ash and smoke as lava flows along the ground in southeastern iceland. >> bill: quite a sight. see it on fox nation. >> dana: harris faulkner is next. >> harris: a fox news alert and nation's 45th president in court

today, day three of jury selection. the judge is hoping to beginning opening statements by monday. that's the plan. we'll see. they have a lot of potential jurors to get through to seat that jury. one of the seven jurors sworn in tuesday was excused. now the court needs to select 12 additional before they can move ahead. a former federal prosecutor with this big picture take. >> he is sitting before the judge merchan in a district inherently unfair towards him given the disparity of the red versus the blue here. the facts are on his side. so i think that if his defense team is playing that underdog story connecting with the jury, helping them see that it is unfair from the beginning and that the facts aren't there. >> harris: we know the far liberal district attorney of manhattan, alvin bragg, has filed to cross-examine trump if

he chooses to testify. bragg wants to focus on trump's previous civil lawsuits to try to damage his credibility. senior correspondent eric shawn is at the new york state supreme court in new york city. >> as you said, a second juror had second thoughts and now that juror is out. this as district attorney alvin bragg wants to pile more contempt of court examples against the former president for his social media posts. let's start with that news of the juror this morning. a woman who was an oncology nurse and went home tuesday after being seated on the jury because of the details of her life revealed in the newspapers and media friends and family figured out she was put on the jury and started asking her about it and she became concerned. she told the judge this morning that she has concerns now about

being fair and balanced and is bothered these revelations had been made public about her identity and was excused. concerns about another juror that he may not have revealed an arrest from the 1990s for tearing down political posters. prosecutors say those political posters lean to the right. he will be questioned to see if that's true. bragg's office is demanding that trump be cited for contempt of court for seven more social media posts he made that were critical of the trial. that's in addition to the three posts that he has already done that attacked stormy daniels and michael cohen. last night he reposted an article that was critical of michael cohen but his attorneys in court today said it doesn't count as violating the gag order because their client, mr. trump, did not make those comments. the former president has been arguing that he is being unfairly muzzled here. >> there shouldn't be a gag order.

the gag order is totally unconstitutional. the judge should not be there. the judge is highly conflicted. he should not be there. >> the second batch of the 96 potential jurors were brought into the courtroom. as is the procedure, judge merchan asked if anybody cannot be fair and impartial concerning mr. trump and they have a raising of hands and this morning 48 people out of 96 just over half basically raised their hands and said they couldn't be fair and impartial or could not serve and were dismissed. they are questioning the individual jurors randomly who have remained. we'll see how that goes and if they can get the panel seated by next monday. it seems, harris, with some questions about two of the jurors already, it may be a little more slow going. back to you. >> harris: i want to make sure i get the facts straight. you said that this person said that they felt like they

couldn't do this anymore. was that out of the impartiality, whether or not they could be impartial? >> the answer from the woman, the nurse was both. she felt she couldn't be fair and balanced and also concerned that everybody and all her friends figured out who she was and she is on the jury. the judge ordered we aren't supposed -- we do not give the names out, we do not know the names of the jurors, the judge asked the media this morning to not give so many details so that people can figure out exactly who they are. >> harris: helpful. eric shawn, great reporting. phil holloway former assistant district attorney, former police officer and legal advisor to georgia sheriff's department. we don't want to get into the individuals on this case that they are trying to seat the jurors. they are having a hard enough time as it is without too many

details out there. this was going to be hard anyway. this is new york city where trump made his name. >> great to be with you as always. the sixth amendment guarantees all criminal defendants a lot of rights but the one that we're focusing on here is the right to an impartial jury. of course, due process also says you have the right as a criminal defendant to an impartial judge. those are the themes that we're seeing coming out of the courtroom. there are major questions about whether the lawyers for donald trump can, in fact, find an impartial jury. and that is ultimately the judge's job. the judge, of course, himself has to be impartial and unbiased. there have been claims, some of them i think have at least some merit, that judge merchan himself might be somewhat biased against donald trump. what we're seeing the setup for, i'm afraid, is a trial that the result of which, irrespective of

what the result is, it might not be something that future historians will look back on and say this trial achieved justice. his lawyers, harris, have to go through all these jurors and ask leading questions and questions that are probative of maybe their past social media history to determine if, in fact, they are telling the truth about whether they can be fair and impartial. it is one thing to say i can be impartial and quite another to actually be impartial. it is quite the job that not only the lawyers have in this case but ultimately the judge has to be impartial. he has to do his job and make sure that the ultimate jury is fair. >> harris: who is making sure that judge merchan is being fair. whose job is that? >> that's a great question. the lawyers who are representing the former president are raising some of these issues and asked the man to recuse himself. in my opinion what should have happened, that motion should have gone to a separate judge to

make that determination because basically the judge has said no, i am deciding that i myself can be fair and impartial and that fact alone says that that's a conflict of interest. he needs to have another judge answer that question because again, we want to make sure that the result of this case is one that we can be confident in was the right result no matter what it is. >> harris: all right. as things happen in the courtroom today, and they always do, we'll bring you the news contemporaneously whatever it is. also show you the president if he should come out and talk at microphones. phil, i wanted to say this with regard to the investigation, one more thing about the gag order. where are we in that and what in the world is he allowed to and not allowed to talk about but other people can talk? >> the problem with the gag order is the first amendment. you have a right to speak your mind. gag orders traditionally apply to lawyers and prosecutors that you don't want trying their case

on the courthouse steps. the problem is in this particular case, donald trump is expected apparently by the judge to sit back and listen while michael cohen and others say all sorts of things about him that are negative that may or may not even be true and expected by this judge to keep his mouth shut and remain silent. it is not right and not what the first amendment is all about and i think the gag order goes too far. >> harris: convicted lawyers michael cohen hope that what he says is a lie. that has to take the patience of job. house oversight chair james comer said criminal referrals from his investigation into president biden could be just weeks away. he also added impeachment is still on the table for joe biden, the nation's president. democrats have repeatedly pushed comer to say which crimes he thinks biden has committed and those divisions were on full display with committee leaders popping off.

>> what did the bidens do? what business were they in? where -- what did the bidens do? >> what business is the combers in. lots of people. >> i'm a farmer and i have land and i lease land and sell honey. >> what did they do to earn the money >> he was a senator of the united states and wrote a book and said he made the most money he ever made in his life. millions of dollars on his book and gave away his million dollars. >> that's what his family did. that's why ukraine, kazakhstan, romania, china, russia, that's why they paid the biden family money because joe biden wrote a book? >> none of those government paid anyone. >> harris: i know it's not a courtroom. decorum still would be nice. >> obviously this makes for good

television. i don't think it makes necessarily for good governance. the thing we just watched highlights the very big differences between a political investigation that takes place in congress and a real criminal investigation that takes place with law enforcement and professional prosecutors. they are radically different things and designed for different purposes. if they make a criminal referral to the department of justice we know it's dead like the impeachment charges. we knew those would be dead on arrival in the senate. a criminal referral to joe biden's department of justice will be dead on arrival. if you contrast this with what we see with prosecutors going after donald trump for minuscule administrative or bookkeeping violations you have the biden situation where all this money with hunter's business dealings was spread around joe biden's family. if the roles were reversed i guarantee the department of justice would be going after donald trump. >> harris: the democrat there

arguing that somebody needs therapy. no, they just need to take a look at the evidence. i sound like one of those perry mason commercials. good to see you. thank you very much. breaking news now. the house has just passed a resolution condemning iran's attack on israel. eight members of the progressive squad voted against it. it comes as anti-israel protests have gathered outside president biden's upcoming event in philadelphia. this is the norm for this president and you know the names they call biden. genocide joe and all the rest. this is the greeting the current president of the united states will see today. anti-israel protests has turned into an occupation in at least one place. that's on the campus of columbia university. students are demanding that the school cut ties with israel. our number one ally in the middle east.

and police are keeping a close eye on all of it as they are popping up tents and looking to stay. look at the top right of your screen. they aren't going anywhere, so they say. we'll see. senate republicans are outraged after democrats dismissed their impeachment bid against mayorkas. watch. >> this is a day not a proud day in the history of the senate. >> what the senate democrats decided to do with a simple majority was to bulldoze 200 years of precedent. >> harris: some republicans are predicting democrats will pay a heavy price for this move. republican senator ron johnson will get into that and more with me. he is in "focus" next.

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[chanting and shouting] >> harris: anti-israel protestors there saying the word revolution. they were up late last night and ivy league columbia university and lit flares, chanted there is no one solution and palestine. right now they are indeed occupying the main lawn of that ivy league campus. hundreds of columbia students set up 60 tents on that main lawn demanding the university cut its ties with israel. the protest happened the same day -- it started yesterday -- at the same time as columbia president was on capitol hill getting grilled by lawmakers, particularly representative stefanik. she was accused of running one of the worst hot beds of anti-semitism of hate and defended protestors and refused

to tell lawmakers the hurtful slogan from the river to the sea is anti-semitic. just watch. >> president, earlier the question was posed are chants are from the river to the sea anti-semitic and professor, the head -- gave a clearance yes. you on the other hand hemmed and hawed and eventually said i hear them as such. some people don't. if i were to go through a number of other racial slurs and ask if those are offensive or racist i don't think you hear them as such and some people don't. >> i can give you my personal opinion. the question you are asking me are they forbidden to be said at columbia. >> that's not what i'm asking. we saw your instinct. who are you worried about offending is my question. >> i feel like i'm speaking as

president of columbia. >> harris: wow, okay. well, from the river to the sea is the play on words here. the cover of the "new york post" sea no evil. republican senator ron johnson of the great state of wisconsin, member of the senate homeland security committee, wonder if you have to have you in "focus" and get your expertise on this. tell me about protecting the homeland and this type of thing going on. free speech, dig through it for me. >> first of all, what troubles me is the the double standard. we have at least a dual system of justice. in this case this free speech is completely allowed. can you imagine if these were people with red maga hats on blocking highways? they would be ripped off those highways violently. the f.b.i. would have a huge task force and devote all kinds of effort to round everybody up and throw them in jail and throw the book at them. the left wing protestors,

pro-hamas group we have left wing groups bailing them out if there is an arrest. certainly encouraging no arrests whatsoever and no punishment. it is a double standard that is -- >> harris: there is like an extra understanding for the people who hate israel. >> well, they are given a pass. apparently they are on the right side of the radical left wing narrative and given a real pass. that is what is really destroying this country is the deep division, division that is being driven by these hate groups. i would call hamas a hate group. things like critical race theory, identity politics. that's destroying this country, the double standard. we should have equal justice under the law. abhor all kinds of hate speech and all types of forms of

genocide and apparently genocide against israelis is not a problem for some people. >> harris: anti-israel protestors interrupted secretary of defense lloyd austin multiple times during his budget testimony just yesterday. here it is. >> let me turn to this year's budget request. >> you have killed children and women in palestinian. >> the committee will stand in recess until the capitol police can restore order. >> it provides much needed support for israel and for taiwan. >> committee will stand in recess until capitol police to restore order. >> harris: how can they get anything done for this country?

they were -- the president of the united states is seeing this. they are waiting for him at his next campaign stop in pennsylvania. >> that right there was obstructing an official proceeding, correct? what the congressman did in pulling the fire alarm during a vote was obstructing an official proceeding. i haven't seen those people arrested in swat raids. i haven't seen them thrown into a d.c. jail awaiting trial for years without maybe charges but certainly without a trial. i haven't seen that happen. it is a dual system of justice that is not equally administered and it is a real problem in america. >> harris: there has been talk about whether or not they can reach a two-state solution. why is that still on the table at this point, palestine is not a state on its own yet they chant this. >> i always point to the syrians living in the golan heights being administered under israeli law. they live a pretty peaceful

existence. i think they should be grateful that they live under a rule of law that israel provides. so again to me two state solution is completely impractical when you have, for example, palestinians taking over gaza electing hamas and hamas breaking the cease-fire, committing the atrocities of october 4th. how can you have a two-state solution with people like that? >> on october 6th there was a cease-fire but on the 7th they committed this crimes against israel. mayorkas testified before the senate a day before senate democrats quashed and impeachment trial against him. republican senators, like yourself, no doubt, are outraged. >> well, of course, we know what changed for chuck schumer because he is desperate to hold

onto the majority in this house. >> every american needs to understand is this, democrats put politics over the safety of american families. and the security of your great nation. >> in the 236 years of our nation's history i don't know that there has been a more shameful day in the united states senate than today. what we just witnessed was a travesty. >> harris: the wall street editorial board wrote this. senate democrats refuse to hold even a token trial on the impeachment. there is no check on abuses of power. >> they don't want americans to see the crime, the assaults, the rapes, the murders being -- the

important point to note is that democrats biden, mayorkas want an open border. they caused this problem. president trump using weakened presidential authority because of the flores settlement he was still able to use the authority and secured the border. biden, mayorkas came into office and used that exact same authority and opened it up. they refuse to use the authority they have. >> harris: senator, thank you very much from the great state of wisconsin. great to see you, senator johnson. president biden is -- we'll get to that in a moment. we are hearing from a juror that was just dismissed. her name is kat and she just talked with fox. the first time we're seeing

this. let's watch. >> why were you excused today? >> because i raised my hand that i can't be unbiased and impartial. >> if you want to elaborate why you couldn't be unbiased. >> it is a personal thing. sorry. >> harris: she couldn't go into details about why she count be fair in a trial of the former president but she is off the jury now. monitoring the latest from the jury selection process. as things happen we'll bring them to you as quickly as possible. president biden is talking up the economy and hitting donald trump in the process. voters are facing painful prices and aren't happy with what he used to call bidenomics. i think they stopped him from saying that because it didn't work. how the top issue is playing for both candidates right now. plus anger is boiling over among chicago residents over the surge in illegal immigrants to their

city. >> i will not take their vote on this city continuing to be a sanctuary city. we pay you. you work for us. >> we are going to vote and kick you out because you ain't doing right by us. >> harris: who do they want to kick out? that really far left democrat who replaced the other one, lori lightfoot. they want mayor brandon johnson, the new guy out. organizers are saying voters will get to make that choice in november if they get their way. stay close. frustrated by skin t? dr. scholl's has the breakthrough you've been waiting for. now there's an easier-to-use at home skin tag remover, clinically proven to remove skin tags safely in as little as one treatment. i would like to take a moment to address my fellow veterans, because i know there are so many of you who have served your country honorably, whether it's two years, four years, or thirty-two years, like myself. one of the benefits that we as a country

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>> harris: we're watching now two side by sides. you see the president moments ago as he was getting off marine one to board air force one. he is leaving joint base andrews en route to philadelphia where he will have another campaign stop and live pictures on the right, though, are the people waiting for him and they don't

look happy to see president biden. this is yet another protest, anti-israel protest. they are against his policy to support israel in any way. many times you will here help ask the question i don't know exactly how all of this is helping feed the people that they say they care about in gaza, the palestinians. but nevertheless they are calling the president things like genocide joe and they are angry. the president is leaving and they're waiting for him. >> president biden: we have the best economy in the world. my presented cess -- i promise i have your back. we made that happen while my predecessor never lifted a finger to help. under my predecessor, who is busy right now, pennsylvania

lost 275,000 jobs. let's look at the facts. >> harris: well, president biden not missing an opportunity to go after former president trump. knows he can't be on the campaign trail although yesterday he was out and about because there was a break in the court. wednesdays they take off. americans don't seem to be buying president biden's economic blame game and he is trying so hard now. they are even doing a new ad blitz. >> donald trump is shown throughout his history workers mean nothing to him. right now we have the most pro-american worker president in office that we've ever had in this country. >> harris: well, actually poll after poll now. there is a lot of consistency we're starting to see shape up. that polling shows a majority of voters do not approve of how biden is handling the economy. inflation has ballooned under his watch and it is rising

again. look at the blue. it is going back up now. analysts say it poses a major threat to biden's re-election bid especially among minority voters. the georgia recorder said black voters key to electing biden in 2020. money woes make some question their support of biden in 2024. republicans are all too eager to jump on biden's economic failures. here is texas senator ted cruz on jess watters last night. >> the biden record is a train wreck. the american people are doing much worse after 3 1/2 years of bidenomics and inflation and open borders and crime, not to mention two wars and the disaster biden has brought in. you contrast it when we had donald trump and we had a republican house, when we had a republican senate, we had the economy was booming. peace and prosperity. people's lives were better. >> harris: that's why he is eager to talk about that.

things were better. power panel, former rnc press secretary and 30 second army under secretary patrick murphy and served in our military. great to see you both. cassie, i will start with you biden's plan to focus on economy and donald trump. >> well, i this i the american people have a better memory than joe biden because they remember what life was like under donald trump when gas was cheap, they could afford a home, they could afford groceries. let's look at pennsylvania where he keeps spending time. he is under water in the poll and economic stats don't favor him. inflation up 17%, average household $888 more dollars a month just to live. even when he says you have a job now, is that job actually paying a wage that allows you to keep your head above water as a result of the joe biden's policies? that's the dichotomy of what he says versus what we feel. he gets really annoyed thinking

people aren't listening to me. it's because you aren't listening to us when we tell you your policies from made life difficult for most americans. >> harris: patrick, your former home state as a congressman i get why biden is going there and wants to go there and go there. he has to win that state. many political analysts and observers are saying it will help decide if not solely decide the election. that particular state. he is talking about an economy but not talking about it being painful and what he can do to fix it. he is not acknowledging the problem. >> well harris, i might disagree with you there. i think he is acknowledging the problem. >> harris: when has he said i feel your pain? >> he has said that. he said yesterday when he was in pittsburgh. he said we just went through the worst global pandemic in decades. >> harris: wait a minute. you know i love having you on

the program but i did not ask you how the world is doing. i want to talk about how america is doing it. global pandemic, i get it. what i'm saying is did he tell americans that he feels their economic pain? >> yes. that's why he worked for republicans to pass the bipartisan infrastructure bill and chips act creating manufacturing jobs in pennsylvania, ohio, across america. you can't deny the fact that our unemployment is at an all-time low. stock market is all-time high. the highest it's ever been. no one is -- >> harris: who is that economy working for? it is not minority voters. who is it working for? >> it is trending in the right direction and working for more middle class americans and not the wealthiest 1%. there is a lot of work to do. he is trying to work with republicans to help american workers by manufacturing. a quick example.

the chips act. $53 billion major investment in chips and science in america. the private industry, because they did that on the federal level it is a ten times private investment. places like columbus, ohio making chips again which we outsourced for decades. >> harris: i will move back to cassie. i want to just get her response to all of that. the price of eggs is still very high, bread, so on and so forth and we have a chips act and that will take -- not potato chips. we will benefit from that technology. will it happen by november 5th? >> right. just as an american who wants to build things in america and have more made in the usa products, you hope so. the reality is we had a good thing going when president trump was in office. i am young enough to remember gas being under $2 a gallon. now again in pennsylvania you are up at $3.63.

a dollar more than it was when joe biden took office. those pennies and quarters and dollars add up every day for the average household that says i can't afford to live right now. i have to spend my nest egg. the fact that president biden won't knowledge that. won't say you know what? things have gotten tough. i'm trying to make it better. he is trying to say it's already better. that's why he is underwater in the polls. >> harris: on our way out i would say this. what the president is failing to do is to account for not just the fact that gas is a dollar more now than when he came into office but the all the time in office there were times it was above $5 a gallon and more than that on both coasts. the complete journey under a biden presidency. bring you both back. great to see, patrick and cassie, thank you. out rage is brewing after a high school student was suspended for saying these words, illegal alien. the school branded him a racist

and he says that's not true. it could hurt his chances for a scholarship to college. and bad to worse for npr. new comments from the ceo of critics upping their calls for npr to be defunded. >> it's up to us to figure out how to put more pressure on npr. taxpayers should not be subsidizing someone who hates conservatives and the truths. >> harris: we'll see what happens. outkick's tomi lahren next. after just a few days. but we're better than that, my friends. i'm john o'hurley, and i invite you to support puppy food bank with a $15 and i invite you to support puppy food bank with a $15 a month donation with your support puppy food bank can ship pet food to rescue

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>> harris: npr's ceo wants to have an active and robust debate in the newsroom. now she wants to talk after one of her topped tours revealed pervasive liberal bias there. she suspended that editor, mr. berliner and he quit yesterday. >> i read the letter and never had a chance to meet him personally. i wish i had the chance so we could have talked about his concerns. the other piece of that is making sure we have active and

robust debate there fer a wide variety of perspectives so those conversations are being had. >> harris: she suspended him and never had a chance to talk to him? a 2022 video of the ceo calling the truth a distraction is going viral. >> for our most tricky disagreements, speaking the truth and seeking to convince others of the truth, might not be the right place to start. in fact, a reverence for the truth might get in the way of finding common ground. we all have different truths based on things like where we come from, how we were raised and how other people perceive us. >> harris: feelings, feelings, feelings. facts don't know feelings. tell her. berliner gave his resignation yesterday.

i mentioned he quit calling the woman you just saw there, the ceo's views divisive. she wants to set aside the truth to jump it a vat of feelers. some want to defund npr of taxpayer money. even if she were replaced the rest would be -- let's bring in tomi lahren now. what a ceo, tomi. >> yeah, i love how she now wants to have robust debate and discussion but she suspended the person that was actively trying to seek that robust dialogue and discussion. so the two things can't go together. this also goes along with the leftist narrative of everybody having their own truth. there is no objective truth.

everybody has their own version of the truth which obviously seeks to help the leftist narrative. when it comes to real world people and issues it doesn't help anybody when you can make up something and pass it off as your feelings. everybody has a perspective, that's true. speaking of perspectives wouldn't it be nice of the perspective of conservative or independent minds were respected at npr? i would like those truths to be respected. on fox news we have a lot of liberal voices and dissenting voices and a spectrum of voices on the conservative spectrum and respect them and hear those voices. it would be nice in npr could do the same because they are taking their tax dollars in their endeavors. >> harris: i don't think anybody can get their tax dollars. it is our job to make sure the

truth is out there no matter what she says about truth is a distraction. why does npr get any money? a high school student was suspended -- he asked like space aliens or illegal aliens without green cards? he was suspended because the school claimed he was being disrespectful to his hispanic classmates. he said i asked a question. his mom, leah, is speaking out. >> christian said i did not mean it in an offensive way. our family lives in england and he said they need a green card to come into this country. so he was very taken aback to why it was deem racist. if it was handled properly in the classroom, it could have easily been used as a teaching

moment. the negligence of the administration's decision has ruled the injustice of suspension for a student who simply asked for clarification. >> harris: reaction poured in. elon musk posted this. this is absurd. another called it ridiculous. third post sounds like schools needless yens. this could actually stick to a student all the way through scholarship applications and school application. your thoughts. >> again we go back to the truth being a distraction. illegal aliens is the definition that the border patrol and government uses to describe those who are in our country illegally without a green card. this person was actually academically correct. so i find that interesting that in a school setting somebody who is actually correct in their definition is being punished for that and referring to somebody who comes to this country illegally as an illegally racist is deemed racist. i think it is quite the assumption to make just because

someone is hispanic doesn't mean they're an illegal alien. this is why the schools and our education system will be the biggest fight ahead. this is north carolina, not california, or new york. a lot of people think if you are in a red state it can't happen. north carolina is more conservative than others, parents, get involved. the left is involved in their communities an time for conservatives to get involved as well. >> harris: we'll do this quickly. so used to biden's whoppers but this one takes the cake. here he is. >> president biden: got shot down in an area where there were a lot of cannibals. they never recovered his body. he got shot down in new guinea and they never found the body because there were a lot of cannibals, for real, in that part of new guinea. >> harris: the president talking about his uncle getting shot

down in world war ii. this plane was forced to ditch into the ocean off the coast of new guinea. fact check. it can be so hard. tomi. >> yeah, he also told a story about shaving cream that was equally disturbing. i will say this. i remember visiting my grandmother in the nursing home and she would tell tall tales and somebody at that age tends to do this. i have maintained that i don't believe they will be able to stick with joe biden. every time he is on script he still makes mistakes and reads off q cards. when he goes off script you get cannibals and shaving cream. >> harris: tomi lahren, thank you for being in "focus." good to see you, my friend. thank you for watching this hour of "the faulkner focus." a lot of moments to dip in and bring you breaking news. love doing that. "outnumbered" after the break.

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