early wake up call from virginia to maine. a rare auktd snowstorm. ? areas see up to eight inches. the latest on the forecast. vigils are held for the iraq war veteran injured in an oakland raid by police. more arrests to report in san diego and nashville and in new york, occupy wall street protesters are hand delivering letters to top bank executives spelling out the hardships they say the banks have cost the country. mitt romney and rick perry are at odds. flip flopping to birtherism. will the bumps in the road for the men likely to get the nomination spell a winning week for president obama? a few hours ago, rick perry shows that he is feeling the heat for bringing up the president's birth certificate. >> the president is the

president. that's a fact. >> case in jeopardy, a glitch in the trial against michael jackson's trial conrad murray and it is not clear the trial will go on. the problem is a request made by the prosecution. i'm tamron hall. a rare snowstorm that could bring smoke for this time of year. the first fledged noreaster could bring up to a foot of snow with temperatures in the 30s and 40s. some northeast residents are getting hit with snow. one said this storm is "uncharted territory for october." karl parker is tracking the storm for us at the weather channel headquarters. everybody who picked out a halloween costume with a jacket or cape may be okay.

>> this is a serious storm. a heavy wet snow and a lot of leaves on the trees and quite a bit of wind. that spells a recipe for power outages. that will be a big concern going forward. right now the storm is setting up across the southeast and heavy rain in the mid-south and florida. that is moving up later today and heavy rain developing in the carolinas. the cold air gets involve as it draws in more cold air and notice as we head to saturday night, the low will bomb out and get much stronger and bring the cold air in. very difficult forecast for the metro. the heavy snow will probably be just to the north and the west. the heavy snow is often right next to that and the wind will be picking up by this time and we are talking about quite a bit of snow. this is not usual for this time of year. 6 to ten inches from

poughkeepsie down to harrisburg and 3 to five in philly. two to four in new york. 35 to 45 miles an hour and drops trees. they got the leaves and it's a heavy wet snow. time to locate the candles and the flashlights. >> they are on the ready. this will be an in and out phenomenon. is that the case? >> it's going to be a quick hitter. if it was slower, we have been talking about tremendous snow. as it is, it will be pretty bad. >> thanks for the update and developing news out of california regarding the trial of michael jackson's doctor. is that trial in jeopardy? it took two years or more for prosecutors to bring conrad murray to trial and now they need more time to review new evidence meaning they won't be able to question the defense star witness until next week. he told jurors they would be done by today and he is

concerned he could lose some of the jurors. joining me is stephanie stanton. a lot of people assume that the jury is commit and things have to be flexible. why is it possibly in jeopardy. >> i spoke it a legal export pert and he said the judge told the jurors they would only be needed until today. there is new information from the defense as part of their case and the prosecution said wait a minute. we need more time to review this. once direct examination of the defense's witness is finished, he will be done for the day and cross-examination can begin on monday. how does this relate to the case? the judge was not happy about the delays. the jurors have commitments and

lives. if they say the trial is lasting too long and i have commitments, the judge could release them and the judge is more likely to do that and have that right. the judge could get tough and say no, you are commit and need to stay. that's not likely to happen. this is a high profile case. the jurors themselves have a lot at stake when this is over with. many of them could write a book or get paid for interviews. the legal expert i talked to said it was unlikely. that's how this is breaking down and paul white is on the stand at this point. >> thank you very much with a live report from l.a. it is deadline day for republican presidential hopefuls to declare their candidacy new hampshire. texas governor perry filed his paperwork for the nation's first primary. we will officially know who is in by the end of the day, but not expected to be any surprises. the rough week for perry and his

rival, mitt romney. the first read said both candidates exposed vulnerabilities. according to first read, romney tried not to take a hard position on ohio's law curbing collective bargaining rights that he once supported. romney finally told reporters he was 110% in favor of the law. perry's birtherism had limped participation at future debates. water water post, thank you both for joining us. >> thank you. >> let's start off with the news that started in the last few hours. rick perry being asked about the president's birth certificate, let me play his latest comments regarding the issue. >> the president is the

president and that's a fact. the issue of whether is nothing other than a distraction like i see it as a distraction. >> he put himself in the middle of it and this is overshadowing his flat tax or whatever else he may want to talk about. rough week for him on that alone. >> he has himself to blame. in his earlier remarks he said it was a good issue and giving donald trump something to do. it was interpreted as a wink and a nod to the far right of the republican party, but widely criticized across the spectrum and the correct answer to this for quite sometime has been he is say u.s. citizen, the president furnished his birth certificate and at a minimum this was a distraction. this was the answer you just played. i don't think anyone including anyone on the perry campaign said it was a smart move to talk about something that is not the substance of this campaign.

>> let me bring you in from the birther issue to again these ever so present allegations that mitt romney is a flip flopper, willing to do or say whatever to get into the white house. are democrats trying to capitalize on this and the white house is laser focused or the reelection campaign is laser focused on romney and planning to hit him on the flip flop thing. >> worry a nod to halloween, he will go as a camille yon for halloween. this is the problem with mitt romney. he is a raging moderate in his heart of hearts and that's why he flip flops on the issues in ohio and his instincts are to run in the middle and he has to snap back and run to the right. it will dog him all through the primary season and it does create a lot of material for the obama administration and the opposition research folks have a file as thick as the manhattan yellow pages about what he has done and what he said one week

versus another. it's going to dog him for the rest of the season. >> apparently some members of the tea party are not happy with michele bachmann. she is at the bottom of almost all of the polls. one person with the majority said it is time for michele bachmann to go. her campaign is plagued by losses and risks hurting the credibility of the movement. some members of the tea party versus the woman who was once referred to as the darling of the tea party. how can she hold on? >> i find it curious that they would single out michele bachmann. this is a large republican field with a number of people in the single digits. newt gingrich is also if i'm not mistaken and mr. paul certainly. there will be some, including me, who wonder if it's a coincidence that the one woman is asked to dropout. this is just one group in the

tea party. there is no single voice in the tea party that dictates who will be endorsed or not. that's the argument that the bachman campaign has been making. probably most would say let's wait until actual voting begins before people dropout. >> some may wonder if the tea party -- and ann makes that point. this is just one of grass roots things out there. if they are putting eggs in the baskets of herman cain, cain raised $3 million in the month of october. some call him a phenomenon and some use other things. if michele bachmann is a machine, he a few of his own in the past few weeks. >> it's a difference in presentation, i hate to say it. when herman cain speaks, he does it in an authoritative way. >> it only matters the tone and can you say something bananas

and i am not saying anything individual, but if you say it with a tough voice, it sells? that's crazy. >> it is. michele bachmann makes herself fodder for the late night comics and because of her -- i hate to say this comes from someone who deals with the strategies every day and the delivery and how you go about presenting your case. cain sounds good about his positions and very declarative and bachman latches on to real sort of out there notions and he comes back to 9-9-9 and his message is disciplined. he stays on when people question him about the validity of it and it doesn't carry water. he is able to stay on message. bachman is all over the place. that's her problem. >> she is at the bottom of the polls and herman cain continuing to surge in the southern states. we appreciate your time. thank you. >> bank of america faced backlash for charging customers

a fee to use their own debit cards. instead of jumping on board, several other banks are saying they will not slap a fee on customers. rick perry said he was poking fun at president obama when he questioned whether the president was born in the country. i will talk with the person who said perry's flirtation of birtherism is equivalent to racism. we will talk about that and our gut check. join the conversation on twitter. you can find us at "news nation." [ male announcer ] to the 5:00 a.m. scholar.

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>> per welcome back to "news nation." a rash of arrests and a predawn raid. police in riot gear detained about 50 people in san diego who

refused to move at the present times from the civic plaza. about 30 protesters were arrested and release said in a few hours. they refused to sign the arrest warrants and wouldn't say why. scott olsson is able to talk and right after his skull was fractured in a clash with police in oakland. doctors still have not ruled out surgery. last night thousands of people in oakland and las vegas held vigils in his honor. olsson's uncle spoke with us earlier. >> he is doing a lot better. apparently they tested him with math skills and he was okay there. it seems to be whatever injury sustained temporarily or permanently has to do with his verbal skills. >> i am joined by justin elliott

and covering the movement since the beginning. how do the images of the raids in the middle of the night as well as scott olsson now dealing with serious injuries. how does it affect the conversation of what's happening with occupy wall street? meaning these allegations of excessive police force and what the protesters need to do next. >> i think in some ways the continuation of the physical occupation of the public spaces is not even the most important thing. the most important thing to sustain the movement is to sustain the spirit of the movement and being engaged with the issues. >> the of the camps is how they sustained the spirit. they see each other and that's where they rally from the beginning. >> right. i think it's one important issue to continue the physical occupations. that's one source of media and public interest. i don't think it can continue forever. the discussions are going on and how do you continue it online and in different spaces as well

as continuing to fight to maintain dozens around the country. >> as we look at the images and more people are being arrested. never mind the weather in occupy denver and people in the snow subjected to possible frostbite to stick it out. the images of what's happening with the police. how does that affect the conversation? >> if the protesters stay nonviolent as they almost without exception have. there were a few reports of bottle throwers, but overwhelmingly nonviolent, this can only bring more attention to them. a lot on the history of the police department and they had federally-imposed oversight because of excessiveies of force issues. there is a lost anger at the police. some of the these cities where the raids are happening and the challenge s how do you organize around the police issues as well as keep the focus on the issue

of economic justice? >> one of the ways that occupy wall street in new york is keeping the eye on the ball is delivering the letters to the executives, showing in black and white what happened to them and many others losing their homes and not being able to pay bills and being able to afford the basics in life. >> there is a march as i understand it going on right now a few blocks away from the studio at bank of america. they will try to deliver letters and have them in the form of paper airplanes. the bank of america tower. they are protesting dozenings of cities and organize around the g20 meeting in paris. this is gaining steam and the poll came out this week and said 43% of americans generally agree with occupy wall street. it's very hard to silent that this is not a mainstream movement. >> the other poll with income disparity and the cvo movements

with 275% and those who were middle income is seeing income increase by 18%. all add fuel to the fire that the protesters are looking for. thank you very much for the update. >> thank you. >> in money minute, it looks like bank of america may be on their own. the other banks are refusing to charge customers a fee to use their own debit card for purchases. jpmorgan chase reports they are not planning to go ahead with that. they refuse to impose monthly fees on debit cards. jennifer, thank you for joining us. >> thanks for having me. >> when are this happened with bank of america, we had one expert who was certain other banks would follow. they need to make up the money lost after a key regulation change under the obama administration and they are

backing away. why did they see the light? >> because of the public outrage. basically charge someone to use the debit card that links to your own money is outrageous. right now it's the public outcry keeping this at bay. i think down the road it's going to get legs. you are talking about estimated $6 billion in revenues that the banks would be losing because of the new provision. >> it's interesting too with the "wall street journal" tested the idea and backed away. it was not a good idea for the bank. you have sun trust as well. i think they are on board to keep in line with the outcry and occupy wall street. once all this starts to die down. i think they are going to go on board with this.

a lot of old fashioned ways in which they made money, charging merchants or universal default under the credit card act that has been done away with. they can't make money and they are passing it on to the consumer. >> you have several facebook pages and some of the folks with the wall street movement who use it as an example for consumers to go and use credit unions or small community banks. >> you are absolutely right. to reach out to your community bank and the credit unions are the best bet. they don't charge the fees and it would never occur to them to charge such a fee and you probably get better service. >> thank you very much. greatly a preeappreciate it. a poker player falls in love in las vegas, but he doesn't bet on a double homicide. tonight's dateline. if you want to see herman cain and newt gingrich face off in

texas. it will cost you. how much? we have a list of the prices for you. first, after a five-year delay, a satellite blasts into space early this morning. lift off of the delta 2 with the npp satellite. >> it lifted off from the central california coast. it will improve weather forecasts. nasa invited twitter followers to watch the launch. we'll be right back. i heard they found energy here. it's good. we need the jobs. [customer:] we need to protect the environment. [worker:] we could do both. is that possible? [announcer:] at conocophillips, we're helping power america's economy with cleaner, affordable natural gas. more jobs. less emissions.

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>>. >> dateline moves to a new time period. tonight's edition focuses on a love story that took a tragic

turn. dateline is added to his many duties at nbc. intriguing story. >> it is. thanks for having me on. a couple who met in a las vegas casino. he is a professional poker player with a secret. did he take a gamble that led to murder? keith morrison has a preview of the story entitled the player. >> it was her first time in las vegas. her first look at the famous strip. it's gaudy casinos with the endless electronic clater. her name was adrienne solomon and she was observing a craps game. >> a gentlemen to my side turned around and said do you want me to explain the game to you? he did and we started chatting. like any woman in her mid 30s i made sure he didn't have a wedding room as he started to

flirt. >> he was a professional poker player. >> yes, he was making good money at it. >> she fell for ernie over the next few days of magic in vegas and soon a long distance relationship blossomed. >> we talked about marriage. >> it was wonderful. not perfect, of course. what is? >> for probably the last six months of our relationship, i think we both knew it wasn't going anywhere. >> in february of 2008, they broke it off. so maybe that's why weeks later she didn't hear right away about what happened. >> what kind of a problem? >> i don't know. >> didn't hear about the grizzly double murder or one of the victims was named earnest sheerer jr. he becomes a suspect, but there

important alibis he's got. he saw some over there that doesn't lead to him. the question is, is the police zeroing in and there other things that make you question his character. that's the big dilemma they face. >> in vegas with a backdrop makes it more. one of the titillating stories. >> we are an hour later. >> i know. just in case. we are are an hour later. >> never leave the building. congratulations on picking up another gig. dateline tonight, an hour later. i will be watching and i won't be watching the rangers. >> you can't take another job, lester holt. >> several shake-ups into the investigation into baby lisa's disappearance. police plan to interview her two half brothers and has been called off. an attorney has been forced off the family's legal team. president obama announces actions he hopes will boost the

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♪ >> per welcome back. here's what the "news nation" is following right now. why a missing baby called off police interviewed with baby lisa irwin's brothers and prosecuting gadhafi's killers. libya's government vowing to bring to justice those responsible for the dictator's death. drug debate, chicago decriminalize possession of small amounts of marijuana. it's today's gut check. joining me to talk about his new article that said rick perry put flirtation with birther irm is racism. we will give you a chance to crime in. the lawyer for the family and a missing 10-month-old baby girl said she is no long or the case. a new round of interviews with

her two older brothers were plan and they have been postponed. i am joined by analyst and profiler clint van vandt. this goes back to the questions of whether or not this family is cooperating with police. lisa irwin's brothers were age 5 and 8 and were supposed to talk to police investigators and that's not happening. what do you make of the development? >> they have been interviewed once, but police need to go back and do this and they are going to do it with the forensic specialist who is trained and someone who really doesn't have a dog in the fight who is going to come in and ask questions in a way that a child can understand and a child can deal with the questions. what we are missing is what's important in this case. that's what happened to this little 10-month-old girl. >> police are trying to do this with the interviews. they would say this is a part to your point of getting at the heart of what's happening. that is to find lisa.

if part is to talk with the boys, why not let that happen again. a second round. primary things that needs to be done. the two boys need to be interviewed and the father needs to be polygraphed. you and i can go back to 2002 when elizabeth smart was kidnapped from her home. it was three to four months later when her younger sister recalled information. she recalled who that person might have been that carried her sister out of the house. so can children recall things? absolutely. because there is a fight between two lawyers as to who represents whom and who is the top dog in this, folks, let's knock it off and find this child. for the parents and the children and everybody else, do what you have to do so law enforcement can rule you out and take the resources and start looking for the person who is really responsible for this little

girl's disappearance. >> clint van zandt on the search for baby lisa. thank you. for the fifth time this week the president is trying to give the economy a shot in the arm by using the power of his office. some leaders say he is going too far and he issued two executive actions helping businesses expand and hopefully create jobs. just two days ago the president said he will do what he can with or without congress. that put house speaker john boehner again on the attack. >> i thought that we were a nation of laws and that our country was governed by our constitution. this idea that you are going to go around the congress is just almost laughable. >> mike viquiera is at the white house. this is not an executive order, but an executive action. the president has done everything he can to get republicans to make big decisions and he had to go it

alone. >> almost beside the point. it comes into the red,white,and blue rick that we can't wait. in the way that president obama put them forward. not an executive order or action, but a memorandum, two of them. the president put forward with stream line bringing of research and development from one of the country's national labs and some of the technology and therapy and medicines that are developed and bring them to market more quickly and stream line the process and creating a website that the small businesses can go to. sort of the one-stop shop and take advantage of government programs for small businesses that are interested in exporting. these are small items and they don't tell you how many jobs this will result in. they are making the point and trying to draw that distinction since after all the president's

jobs bill has not gone far. >> live for us at the white house. thanks, mike. breaking news in from kentucky and tops our look at stories around the nation. officials announced that two minor were killed after the truck was caught under a rock slide this morning. two other men were also caught in the same accident. the names have not been released. the information is just coming in. safety investigators are expected to investigate the incident of course. libya's new government said it will prosecute whoever is responsible for killing moammar gadhafi. the announcement is causing tensions between the rebel fighters and transitional government. nato will end operations despite pleas from the new government for the forces to stay. another dramatic rescue in eastern turkey this morning. five days after a massive earthquake, a 13-year-old boy is pulled out alive from beneath a

collapsed building. more than 575 people have died as a result of that earthquake. back to politics, the question of whether texas governor rick perry damaged himself by flirting this week with birtherism. racism is fun, why rick perry's flirtation with birtherism is racist. it started with perry telling parade magazine he has no idea whether president obama was born in the usa. tuesday he said he was just having fun. wednesday he said no doubt the president was born in the usa. as we mentioned earlier, the issue came up yet again in new hampshire a few hours ago. here's perry. >> i don't consider making fun of something being a mistake. donald trump and i were having dinner. the president is the president. that's a fact. the issue of whether or not -- i don't think americans see that

as anything other than a distraction. >> nbc contributor who is rolling his eyes, not impressed? >> now it's a distraction. all you need to do is put the suggestion out and people hear the association why are we wondering is obama an american? as if they didn't have to prove it to get in the race and the white house. he has prison it to donald trump which was a major disappointment moment for a lot of us. you are bringing it up again and all you are say suggest he's not really one of us. is he a real american? i don't know. what does that mean? he's black. it's a coded nuanced way for a white man to say he's not really one of us. he's black. >> in your article you compare to when free slaves have to show your papers. when this came down to some in white america saying show me your papers. >> i see trump and the other birthers, perry, virtually going

to the white house and knocking on the door saying can we see your documentation to make sure you are actually an american? how disgust suggest that. to ask him to show and prove to me that you are an american while you are the president is not only disrespectful, but the free paper check we had to deal with and the thing we had to deal with where you buy a first class seat and they want to see your ticket to make sure you are in the right place. >> that are you belong here. >> you are driving a nice car, is this really your car and are you supposed to be in this neighborhood. the color of your scape raises questions. >> why is perry flurrying with birtherism and he wrote and feels this is perry trying to show the tea party he is tough. they are looking for someone willing to take on obama. it's almost beside the point. trying to get under obama's skin

is what matters. he doesn't say this this is coded language. he said this is perry trying to show those who would follow him. i can get him. i can stick it to him. >> sure. it sends the message to the tea partiers and the hard core conservatives that i'm going to take it to him and be tough. the guy that romney is not. he is cool and talk show host. >> you take it a step further and say this is the coded language for racism. >> without question. it suggests that he is other. it indeces white as truly american. he is not one of us. it takes coded language for everybody to get the message that he is not one of us. the whole muslim flirtation that other people engaged in is the same thing. he is not one of us. he is not a normative american. why are we seeing it about him. we didn't have the questions about clinton, bush, bush, reagan, etc. we wonder about obama. is he really an american? it's because he's black. it's a coded way of saying he's

black, don't vote for him. >> you can follow tori on twitter. it will be our gut check coming up. rolling stone's hot list. the scoop on everything hot. movies, music, politics and more. we will ask you what you think. there is a lot going on today. things we thought you should know. what would you do if you had $1,000 to spare. you could get prime seats and a picture with herman cain and newt gingrich. $500 gets you prime seating and a nightcap. $200 gets you a seat and slice of apple pie. wow. several council men are proposing cutting costs and free up police by decriminalizing possession of a small amount of pot. police make about 23,000 arrests for marijuana possession each year. one said prosecuting and jailing suspects could put the system $80 million a year.

brian williams, the anchor of nightly news was on late night with jimmy fallon for a slow jam. here's a peek. >> what started as a protest movement in new york's financial district spread to cities across the globe as occupy wall street. they demand an end to greed and the corporations have over our government. >> awe yeah. ♪ your downtown is about to get occupied. an accident... to asthma. a new heartbeat... to a heart condition. when you see your doctor, you don't face any medical issue alone. you do it together. at the american medical association, we're committed to preserving that essential partnership between patients and their doctors. because when it comes to your health, you need someone you trust. the ama.

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calories. a group of 22 healthy adult volunteers a variety of diets for four days. those with more protein had a lower caloric intake than those with less protein. those on the low protein diet snakd more often. >> coming up, it's sweet home alabama for herman cain as he says tgif in the heart of dixie. what does it take to earn a favor from rick perry. the numbers are impressive and president obama and speaker boehner play their own version of constitutional ping pong. back to cameron. >> a special edition and rolling stone is out with the annual list of who is hot. music, movies, pop culture and politics and more of rolling stone hits newsstands with a great picture of eddie murphy. managing editor for the magazine

joins us now. great to see you. i have to confess. i told you i felt so uncool. i wasn't familiar with a lot of these people. that's the point. >> they are right on the tip of being hot and they will blow up in the next few months or year. >> let's get to the first on the list. hot funny girl. aubrey plaza. >> people know her name. >> i know the face. >> she won with the eye roll and probably the best eye roll in history on parks and recreation. she made an impact on people. who is that girl? she took that into the most uncaring person in the world and made you care about her because she got into a relationship on the show. that character is growing and you want to see what where that good and where she goes. >> i love the character and i can see her going on. >> she started with the big screen. at the same time she got this and she had a small roll and she

is really blowing up. >> nice. >> an incredible icon i think. >> jessic chastaine. >> she came out of nowhere. she is about 30 years old and seems to be like the female ryan gos lynn. she is going to be in everything throughout this year and into next year. >> under hot always awesome. bill hader. >> probably the mvp of snl. he is today's version of phil hartman. in the beginning -- >> he reminds me of jim carrey. >> he is great in the characterization and funny and over the top. he can do anything. he can be the straight guy and be funny himself. >> stephan is creepy, but compelling at the same time.

under hot reunion, beefis and butt head. >> they are back after 14 years. mtv asked and they said already, now is the time to bring them back. they haven't grown at all. they are the same guys and they are still as bum as ever. maybe the world has caught up with beefis and butt head. >> do it yourself change. hollywood and music, nothing is hotter than what's going on and wall street spread all over the world and how it reflect and said it's like putting the ounce of america into energy and how it reflected what's going on and what people are frustrated with. >> you had sean lennon go down. >> and a great protest singer from rage against the machine. >> seen it many times in the

past with politics. >> what's going on right now and very important. >> i have to point out the colleague under hot politics and chris hayes. >> he's the hot maddow. think about rachel. the maddowization and drumroll. >> chris hayes. thank you very much. what a great thing. thanks for joining us. logon to scoop.today.com. the magazine is on store shelves. we will be back with gut check. do you have an irregular heartbeat called atrial fibrillation, or afib, that's not caused by a heart valve problem? are you taking warfarin to reduce your risk of stroke caused by a clot? you should know about pradaxa. an important study showed that pradaxa 150mg reduced stroke risk 35% more than warfarin. and with pradaxa, there's no need for those regular blood tests. pradaxa is progress. pradaxa can cause serious, sometimes fatal, bleeding.

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>> welcome back. time for the gut check earlier this hour. governor rick perry's flirtation with the birther issue this week. msnbc talked about why he thinks the flirtation is racist. >> you bring tup again and all you are saying is he's not

really one of us. a real american? what does that mean? he's black. it's a coded subtle nuanced way for a white man to say he's not really one of us. he's black. >> what does your gut tell you? do you agree why he is flirting with birtherism. cast your vote. a lot of you started tweeting me. yesterday's gut check with students and 60 florida schools search lench as early as 9:30 in the morning. classes start as early as 7:00 a.m. we ask is 9:30 too early to serve lunch? 97% of you say yes. 3% of you said no. i could have taken a bet on that. that does it for this friday edition. my colleague martin bashir is up next. [ male announcer ] this is lara.

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