cards that al and i held up. sometimes we hear from some of you. after this happened. i heard from so many of you. harry mack rapping for us on the news. >> i'm doing all these lyrics off my brain. i run my campaign. y'all know i rip the mic and i fill this. people got to vote mack. put me in position. y'all know i can't really trust you. these waste time like filibusters. when it comes to rap, i write the laws like the senate. the bomb this, i feel like i be the free style congress. yo, i rip up on the mic. >> these were really the cards. he didn't see them. fact check true. he did that all off the top of

his head like he said. no rhyme intended. we leave that to the artist. but, i will tell you that if you want to see the full wrap and that interview, you can go to msnbc.com/ari. you will scroll down. you will see youtube play list. great segments including harry mack at that link. it is always an easy way you the watch it and share it online if you want people to see what harry mack can do. the last word with lawrence o'donnell is up next. >> for every day of donald trump's almost 78 years of life, fbi agents have carried guns everywhere they go. donald trump is pretending he didn't know that. no one insults the intelligence of trump voters more than donald trump. and i'm sure that most voters who vote for donald trump are

smarter than donald trump. and they vote for donald trump simply because they hate taxes as much as he does or they think abortion is murder. but, the people who send money to trump, you are a tiny percentage of trump voters. really must be every bit as stupid as donald trump insists they are. today, donald trump is raising money from those poor people who should know better but don't. by sending an email saying breaking from trump, biden's doj was authorized to shoot me, exclamation point. it has been revealed that biden's doj was authorized to juice deadly force for their despicable raid in mar-a-lago. you know they are just itching to do the unthinkable. joe biden was locked and loaded, ready to take me out and put my family in danger.

okay. none of the dangerously stupid people who send money to donald trump in response to that email know that the fbi scheduled the serving of the search warrant at that florida location when they knew for a fact that no one named trump was actually there. when donald trump was in new jersey. donald trump told the lies about deadly force to his stupidest supporters because this standard piece of paper right here. this piece of paper, was attached to the filings for the search warrant that the fbi executed which they found donald trump in possession of classified documents in his home. this is the policy statement on the use of deadly force. this piece of paper is part of the filings of every search

warrant obtained by the fbi. that means this very same piece of paper was in the filings in the search warrant that the fbi executed at joe biden's summer home and the fbi's investigation of joe biden's possible possession of classified material. an investigation with which joe biden fully cooperated from the start and was found to have done nothing wrong. those poor trump voter who's send money to donald trump because of things like this piece of paper will never know, will never know that the same piece of paper was in the biden warrant. and it is just a recitation on the fbi rules of the use of deadly force. in the early decades of the fbi, they didn't have any rules on the use of deadly force. police forces didn't either. when i wrote a book about police use of deadly force in the 1980s , most american

police departments then did not have a rule about police use of deadly force. but now, almost all police departments have a rule that is virtually identical to this fbi rule. it tells fbi agents not to fire at moving vehicles as do most police department rules on deadly force. it prohibits warning shots. very first rule was deadly force may not be used solely to prevent to escape of a fleeing suspect. that was a supreme court decision in 1985. that's all this piece of paper is. the fbi rules and restrictions on the use of deadly force. which is part of the filing of every fbi search warrant. the very next page of the filings for this search warrant specifically indicates that donald trump would not be at that location. when the search warrant was

executed. and so, no. no one changed the rules that day so that the fbi agents could just shoot donald trump. but donald trump knows that he has some supporters, a tiny group of them. who are so hopelessly stupid, he can tell them that the fbi quote is authorized to shoot me. and they will believe it. not only will they believe it, they will send him money. they will send money to the man who told them when he began running for president he was so rich, he would never ask for anyone's money. now, think about the layers of stupidity that are right there. the layers of stupidity it takes. to respond to that donald trump email and send him money. that is the money donald trump uses to pay his criminal defense lawyers who assembled in florida today for hearings

in the courtroom of donald trump's favorite judge, the one he appointed, aileen mercedes cannon who once again cast herself in the role of federal judge who forgot to go to law school which would be funny if the stakes weren't what they are. judge cannon had hearings on issues that most other federal judges could handle without a hearing. judge cannon does everything she can to appear to be a functioning ally of donald trump's in the trump attempt to delay his trial for violations of the espionage act. until long after the presidential election. judge cannon's first hearing of the day today was on trump codefendant's motion to dismiss the case against him saying it was a selective prosecution because not everyone who moved boxes for donald trump was charged with a crime.

not everyone who moved boxes lied to the fbi. the second hearing was on a motion by both donald trump and walt to dismiss the case claiming alleged procedural failures in the indictment. desperate criminal defense lawyers file motions like this all the time, but rarely are they granted significant amounts of time by the court to argue those motions and slow down progress toward trial. judge howell presided over the jury that jack smith used for most of his investigation of donald trump's violations of the espionage act and illegal possession of classified documents. this week, an opinion by judge howell granting jack smith the right to subpoena a lawyer who worked for donald trump on that case was unsealed with the name of the lawyer redacted.

that opinion justifies an exception to the attorney client privilege and allows the testimony by the lawyer. judge howell found quote strong evidence that the former president intended to hide boxes from his attorney's search efforts to comply with the grand jury subpoena and resultedly unlawfully to retain any classified documents contained inside of the boxes purposely. removed from the attorney's search. judge howell noted that trump defense attorneys discovered four documents marked classified in donald trump's bedroom. after the fbi served their search warrant. the judge wrote, quote, notably no excuse is provided as to how the former president could miss the classified at mar-a-lago. instead, the government has provided evidence to demonstrate that the full arc

of the criminal violation had already concluded more than six months before this search of mar-a-lago. when the evidence demonstrates that the former president intentionally failed to provide all of the classified documents in his possession to the government with the june 3rd certification. judge howell described what happened when donald trump must have realized that security camera video would show the boxes being moved. after a phone call with the former president. on the same day as service of the government's subpoena for mar-a-lago's security footage from the area around. he rearranged his travel to go to west palm beach falsely telling his colleagues the change in plans was for personal reasons. within two hours of landing in

florida, he and a witness entered the storage room and the witness can be seen gesturing toward the camera. this scrambled to mar-a-lago in the wake of the june phone call reflects the former president's realization that the removal of the boxes from the storage room before search was captured on camera. and his attempts to ensure that any subsequent movement of the boxes back to the storage room could occur off camera. this theory draws support from the curious absence of any video footage showing the return of the remaining boxes to the storage room which necessarily occurred at some point between june 3rd, 2022 when the room had approximately x number of boxes according to fbi agents. and, the execution of the search warrant on august 8th, 2022 when the agents counted 73

boxes. newly unsealed photographs of donald trump's codefendant show walt moving boxes after those boxes were under subpoena. that's the equivalent of bank video showing you the bank robber at work. those are the images donald trump allegedly tried to have erased from the security camera video. leading off our discussion tonight is andrew weissman. former chief of the criminal division. in the eastern district of new york. msnbc legal analyst and coauthor of the trump indictments and bradley moss is with us. he is a national security attorney who represents people in the intelligence community. and drew weissman, this documents case, the more we learn, the more it just looks like we are watching the security video at a bank during

a bank robbery. >> if there is any case that is open and shut, it is this one. it was open and shut before the government charged not one, but two separate schemes to obstruct justice. this is the case, it is just so pathetic that judge cannon whether it is because she is partisan, whether it is because of her inexperience or both, is not moving this case along. i strongly think when you have people like justice alito and his flying flags and his home and beach resort, that is a signal to people like judge cannon they can do with no repercussions just sitting on this case. this case could easily go forward. the one thing unusual about this case which was classified

documents, is bradley knows, as i know, yes, that takes a little bit more time. but not this much time. the arguments heard today were things that were preposterous. it is amazing that we are having a discussion about it because the arguments are so salacious. some of the arguments today are things that in her typical meticulous way has denied over and over again in an 86 page opinion and now judge cannon says this will take a lot of time. but it doesn't. it has already been written. donald trump was heard by judge howell and it was denied. >> i just want to take you back to the alito flag. and we will talk about the alito flags and what all this means but when i prepare this show, i think i fall into too much of a segmented look at it all. and this is to be discussed here. and then later in the show, we

will discuss the flag. but that flag you have just alerted me to, that flag is a signal from the highest level of the judiciary from the supreme court of the united states, all the way down to those district courts, wherever they are. the trial courts in florida or anywhere. this is what you can get away with. this is who you can be. >> absolutely. and you can connect it to donald trump, the congress people who are outside of the courthouse. to justice alito and his flying repeated flags and coming up with the most absurd story as to justify it. and the idea that this is, that the supreme court of the united states, you have might makes right as the symbol of what you

should be embodying. it sends this horrible symbol not just to the electorate. and to donald trump. >> bradley moss, this latest turn, very slow turn in florida. when it comes down to it, judge cannon has ruled against dismissal motions before in this case. likely probably to rule against these dismissal motions. but, with her, who knows? >> yeah. i don't think anybody realistically believes she is going to be throwing out any part of this indictment. i don't think anybody realistically believes she is going to find this was a vindictive prosecution against one of the motions she heard

today. or the one donald trump had. no one really believes that is going to go anywhere. but it takes time. takes time to review it. takes time to resolve. it because of the slow very methodical way the judge is going through these motions, some of which are just throw away motions that any criminal defense attorney could have done. she is dragging this out with the hearings. she has no intention of letting this case go to trial. >> yeah. any defense lawyer would try these motions. i'm not criticizing the defense attorneys for the motions that they are desperately trying to advance. but it is the judge's job to recognize that. and to get through it as quickly as possible. >> yeah. absolutely. you triage it. there are some you understand. these are throw away.

maybe there are some, this fight over it she will have a hearing on next month. maybe that required some inquiry at the hearing. that hearing could have been handled two months ago. that was going to be very intensive. that was going to take time. but it has been months. she has just gotten through a portion of the process. >> i know the audience is interested in the particulars. but the thing i think that matters the most is where does this judge's power lie? can she dismiss the case right now and that's the end of it or at what point can she through her own power make this case disappear? >> if you notice what he is saying is one of the reasons she is not going to take these motions now saying i am going to dismiss, that could be

appealed. and one thing we have seen is when jack smith has dangled that prospect. she does not want the appeal. she could be taken off the case once it goes to an appellate court. once a jury is selected, she unfortunately, the rules are she can actually dismiss the case under rule 29. it is unappealable. government has no recourse once the jury is empanelled. >> so in this case, she reaches her maximum power once you have a jury. and before that, she is appealable on pretty much everything. >> and that is why when she was doing the whole issue of the jury charge issues. she realized she probably made a mistake to ask now. i will decide that later. and that's the danger. if she decides that in a way

that is lawless after the jury sworn, the government has no recourse. >> andrew and bradley, thank you very much for joining us tonight. we really appreciate it. >> have a good night. coming up, another day, another trump supporting flag. flying over supreme court justice's home. but this time, it was the same supreme court justice who got caught with a trump supporting flag over his other home. senator sheldon white house will join us. and donald trump talked about banning contraception at the same time that the governor of virginia vetoed a bill that would guarantee a right to contraception. abigail spanburger joins us next. ntraception. abigail spanburger joins us next. so am i. because i'm at risk for pneumococcal pneumonia. come on. i already got a pneumonia vaccine, but i'm asking about the added protection of prevnar 20®. if you're 19 or older with certain chronic conditions like asthma, diabetes,

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and they're all coming? those who are still from pr with us, yes.nagement grandpa! what's this? your wings. light 'em up! gentlemen, it's a beautiful... ...day to fly. in politics, the herd mentality is enormously strong. a lot of republican politicians have surrendered to it. many of the same politicians who now publicly embrace trump

privately dread him. they know what a disaster he has been and will continue to be for our party. they are just too afraid to say it out loud. while i'm not afraid to say the hard truth out loud. i feel no need to kiss the ring. >> and today, of course, she kissed the ring. >> trump has not been perfect on these policies. i have made that clear. many, many times. i will be voting for trump. >> nikki haley announced she is voting for donald trump the day after donald trump said that he is working on a policy to restrict any persons' access to contraception. >> do you support any restrictions on a person's right to contraception? >> we are looking at that and i'm going to have a policy on that very shortly and i think

it is something that you will find interesting. and i would say it is another issue that is very interesting. but you will find it i think very smart. i think it is a smart decision. but we will be releasing it very soon. >> that suggests that you may want to support some restrictions? like the morning after pill or something? >> we are also, you know, things really do have a lot to do with the states. and some states are going to have different policies than others. >> okay. so, you saw what i saw. i think it is very clear that the stupidest man ever to be asked a question about contraception had no idea what the word contraception means. just no idea. that's why he was so goofily marching along in his collection of words that meant nothing saying that he was going to have a policy and it would be something you will

find interesting. and then, he even upped it to you will find it i think very smart. i think it is a smart decision. and then he says, and we'll be releasing it very soon. that's a standard thing for things he knows nothing about. we will be releasing it very soon. and when he heard the words morning after pill, he suddenly realized oh, maybe this has something to do with pregnancy and that is when the slowest stupidest brain ever to run for president said things do have a lot to do with the states. things really have a lot to do with the states. and of course, the people who are slightly less stupid and only slightly less stupid than donald trump who work for his campaign knew right away what a mistake it was that he was restricting contraception. so they put out a statement that said i have never and will

never advocate imposing restrictions on birth control or other contraceptionsful earlier this week, the trump supporting governor of virginia glen youngkin vetoed legislation that would have guaranteed right to contraception in the state of virginia. the democratic member of the house of representatives in virginia now running for governor of virginia said, quote, as the next governor of virginia, i will sign into law legislation to protect the right to contraception for all virginia januaries, not veto it. joining us now is democratic representative abigail spanberger of virginia. she is a candidate running for governor of virginia. thank you very much for joining us tonight. so contraception really is an agenda item for the republican party. >> that's right. it is. access to reproductive health care whether it is contraception, whether it is abortion access, these are issues that are on the ballot

in 2024. and in virginia, they are on the ballot in 2025. they have made clear that our rights to make our own reproductive choices and i say this as a mother of three beautiful wonderful young daughters, our rights are political ploys and talking points. and we need to all remember that in 2016, former president trump campaigned on the idea that he would appoint judges that would overturn roe v. wade and that is exactly what came to pass. and in fact, in the day that the dobbs draft decision was leaked out, i was inundated by friends texting me, calling me, messaging me, people i had known through the years, folks, democrats, republicans, people with no real political engagement saying that they

were shocked at this draft opinion. would this be real. and would birth control be next. and the reality is that people across virginia and arguably across the country recognized in those earliest days that this attack was not just on abortion access. but as we have seen since then, it is an attack on ivf. it is an attack on contraception. and i think governor youngkin was absolutely wrong to veto a bill that the general assembly passed that would guarantee the rights of a woman to access contraception. when i'm governor, i will sign that legislation into law. >> so, governor youngkin appear to be in the competition among republicans to appear as extreme as possible. because that is what they believe is the road to advancement in the republican party. >> you know, i think that time

and time again, i think in the earliest clip that you showed of former candidate haley when she was talking about the herd mentality and the need to go to extreme positions for relevance. i guess air quotes importance within the party, that is the extreme, that is the path that people need to take. and certainly, with her announcement today, that she will be supporting him in 2024, or with decisions like we have seen. certainly in louisiana, and now with the governor's choice to veto a bill simply guaranteeing access to contraception in virginia, this effort to herd mentality toward an extreme position seems to be prevalent to the detriment of the health of women across virginia and the rest of the country. >> senator schumer says he

wants to bring a contraception bill to the senate. to get everyone on the record there to guarantee the right to contraception in this country. so republicans will continue to face votes and public stances on this. >> we brought forth such a bill supported by fantastic members of congress. kathy manning from north carolina, sarah jacobs from california. we voted on it. certainly my house colleagues who were in that last congress, they are also on the record. and unfortunately, far too many of them dent stand up for basic access to birth control in contraception. >> abigail, thank you very much for joining this discussion tonight. >> thank you very much for having me. coming up, right wing republican justice samuel alito continues to remind voters what is at stake in the presidential

election. senator sheldon whitehouse will join us to discuss samuel alito's latest scandal which he has not officially blamed on his wife yet. that's next. on his wife yet. that's next.

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on the day when president biden got his 200th federal judge confirmed by the senate, another flag was found flying over another home of the

supreme court justice signifying full support for donald trump's attempt to illegally overturn the last presidential election and for the violent horde of trump supporter who's attacked the capitol on january 6th. just across the street from the workplace of supreme court justices. and this second flag was owned by the same supreme court justice who got caught last week with the first flag. last week, the new york times reported that justice samuel alito was appointed by george w. bush, remember, not donald trump. george w. bush. was caught flying the american flag upside down at his home in suburban virginia. short drive from the united states supreme court. the new york times reported that justice alito who was appointed by george w. bush, not trump, let me say that again. has been flying another flag at

his summer home in new jersey. that flag says appeal to heaven. the times reports, this time it was the appeal to heaven flag which like the inverted u.s. flag was carried by rioters at the capitol of january 6th. also known as the pine tree flag, it dates back to the revolutionary war, but largely fell into obscurity until recent years and is a symbol of support for president donald j. trump for a religious strand of the stop the steal campaign. and for a push to remake american government in christian terms. justice alito who let me remind you was appointed by george w. bush declined to respond to questions about that flag at his vacation home. after blaming his wife for turning their american flag upside down at their other home telling the new york times last week, i had no involvement whatsoever in the flying of the

flag. it was briefly placed by mrs. alito in response to objectional language on a neighbor's yard signs. good luck making sense of that. only in the perversions of samuel alito's brain does it make perfect sense. but when your neighbor bothers you, your wife, of course, turns your american flag upside down. we have all known that it is an outrage that the most corrupted judge in the history of the supreme court, clarence thomas, has not recused himself from cases involving donald trump and cases donald trump has brought to the supreme court to get immunity for trying toover throw the election. clarence thomas' wife supported every attempt. now we know samuel alito is also in full violation of the

judicial code of ethics for federal judges that would apply to any other judge because samuel alito should be recused from any case involving donald trump. no member of the united states senate in history has done more to expose scandal and structural unfairness at the supreme court than our next guest. joining us now is senator sheldon whitehouse. he is also the author of the scheme. how is right wing used dark money to capture the supreme court. senator whitehouse, thank you very much for joining us. of course it wouldn't be just one flag. one flag was bad enough. but, here we are again. >> here we are again. it is not enough to be a supreme court justice flying one maga battle flag at your house. you have to have two houses and

fly two maga battle flags. one at each house. it is stunning. and it is the kind of thing as you know that from anybody else would provoke an investigation. and all we get from justice alito are self-serving statements on fox news which is a forum in which you can lie with immunity. you can make it up. it is not an official statement that would be subject to sanctions if you didn't tell the truth. and now, he won't answer at all about maga battle flag two. so it encapsulates all the problems we have had with this rogue supreme court and its refusal to accept any rule of law. >> the chairman of your senate judiciary committee says justice alito must recuse himself immediately from cases related to the 2020 election

and the january 6th insurrection. he calls on the chief justice to see how this is damaging the court and immediately enact an enforceable code of conduct. recusal used to be something that you could reasonably rely on supreme court justices to use with wisdom. it was rarely used and rarely required but used often enough that we could see it as something that worked. but not anymore. >> no. and one interesting feature of the recusal requirement is that it is a law. passed by congress. specifically applicable to supreme court justices. so when they pay no attention to it, they are actually violating statutory law. this is not one of the roles that the supreme court or the judicial branch come up with for themselves where they might say well this is just judicial

stuff. no. this is the law of the land asked by congress and they are just flouting it. >> can the senate judiciary committee demand testimony from justice alito or justice thomas? >> they have been very reluctant to and they wave separation of power to try to prevent us from speaking to them. but i think it has gotten to the point where the chief justice is going to have to engage and i think you will see some more action on that shortly out of the judiciary committee. and i think the judicial conference is also can be expected to engage further. that as you recall is the panel of senior federal judges that oversees the judicial branch of government. and has authority to look into things like whether disclosures

were unlawful and willful and whether there is violation of judicial ethics. >> the reason i kept repeating that george w. bush appointed samuel alito is on i fear that too many people can think this is a problem created by donald trump. every republican president of our lifetimes has appointed someone to at least one justice in the supreme court who has done serious damage to the way we live and has tried to do more damage to the way we live from clarence thomas, by the first president bush. and this notion that this was something that has just blossomed during trump is something that you have worked very hard to expose. even before the trump justices took their seats. >> you are right. this goes way back. the person responsible for the appointment of justice alito

was leonard leo. the operative of the koch brothers and the creepy billionaires who have been meddling in the court. you'll remember that bush originally wanted to appoint his legal counsel, his friend, his fellow texan conservative woman lawyer to replace sandra day o'connor. harriet meyers and he got attacked not by democrats for that. he got attacked by the far right billionaires. and he humiliatingly had to withdraw his own legal counsel's nomination. and leo produced the agreeable justice to the creepy billionaires. none other than sam alito. >> senator sheldon whitehusks thank you for joining us tonight. >> thank you. coming up, texas congressman collin alred is running against the senator who supports trump even after trump

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in 2020, texas republican senator rafael edward cruz voted against certifying the electoral college result showing that democrat joe biden won the presidential election. senator cruz attempted to overturn that election and make the republican loser, donald trump, president. later that year senator cruz voted against the bipartisan infrastructure bill which

republican senate leader mitch mcconnell voted for and joe biden wrote, and then that bill delivered more than $30 billion in infrastructure aid to the state of texas. senator cruz has since tried to take credit for some of the infrastructure projects underway in texas due to the biden legislation which senator cruz voted against. in 2022 he voted against the chips and science act despite senior texas republican senator john cornyn supporting that legislation which was signed into law by president bide b. and now the most right wing senator in texas history is trying to launch a senate campaign support group called democrats for cruz. a republican senator who has spent his career attacking and criticizing democrats seems to believe he needs democratic votes in texas to win his re-election. it could be that senator cruz is worried about the democratic

nominee for senate in texas now running against him. congressman colin allred. >> my story isn't about the father who wasn't there, it's about the mom who was. she was a teacher who worked a second job to make ends meet. with her support, i made it to baylor and the nfl. in congress, i've stood up to the president when he's wrong to defend texas energy jobs and secure our border. as your senator, i'll keep doing what's right for texas to protect medicare and social security and add more border patrol agents. i'm colin allred, and i approved this message because my team is texas. >> joining us now is democrat colin allred of texas. he is the democratic nominee for united states senate seat occupied by senator cruz. congressman allred if there were -- if there ever is a meeting of democrats for cruz and you could go to that meeting and say a few words to the democrats for cruz voters, what would you want them

to know? >> yeah. well, it's a pretty strange group, actually, they had assembled, and you know, what came out is, you know, this is really kind of a made up thing. and you know, lawrence, you and i have been talking about this for some time, and thank you for having me on. when i was in the nfl, we used to talk about the tape doesn't lie. and for ted cruz he's had 12 year, as you said, of being proudly the most extremist senator in our history but also, i think, in the senate. and there is some competition there, but he's been fighting, you know, for that pole position. now when he's in a tough race in an election year, he's trying to change that. it's not going to work with texans, but also i think we should stop and recognize for a second how incredibly cynical this is, you know, that somebody who, you know, has made his entire personality and persona as an elected official as being

divisive and not standing for anything, trying to overturn election, now he wants to hoodwink folks. we're not going to let it happen. >> you're seeing now that the republican party not only has been in these crusades banning abortion everywhere possible in the country and hoping to get a national ban on abortion, but they're also trying to shut down in vitro fertilization now. donald trump said he's got a plan for restricting contraception. then when he found out what contraception is, he got afraid of that. but republicans moving against contraception whether donald trump wants them to or not is really happening. >> it is. and let's be very clear, you know, folks like ted cruz have supported these extreme ideas whether it's, you know, person hood legislation or, you know, opposing exceptions for rape or incest or for unviable pregnancies that we're now experiencing here in texas

that's putting ivf at risk for texas women and for women across the country. and this is not, you know, theoretical anymore here. and so we are now -- the rhetoric that seemed so extreme for decades but that never really had a chance to become law because we had, you know, one vote, you know, too many on the supreme court that wouldn't allow it to happen whether it was senator o'connor or others. now with another court, their ideas have taken root. and it's incredibly damaging and tragic for our state. and i tell folks all the time in texas, the only way we're going restore this right and freedom to texas women is at the federal level by beating ted ruz and codifying roe v. wade. when i'm in the senate, that's what we'll do. >> texas senate candidate colin allred, thank you very much for joining our discussion tonight. we'll be right back. g our discussion tonight we'll be right back. n arthritis pain relief gel, which penetrates deep to target the source of pain with nonsteroidal anti-inflammatory medicine directly at the source. voltaren, the joy of movement.

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