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The War on Medical Marijuana Patients Continues...But Why?

Medical marijuana activist Dustin Costa was convicted in federal court last week and could now spend the rest of his life in prison. Costa’s was the first federal trial of a medical marijuana patient in three years, demonstrating that the feds remain willing to pervert justice and lie to jurors in order to undermine California’s medical marijuana law.

The defense was prohibited from informing jurors that Costa is president of the Merced Patients Group and that his 908 plants were unquestionably intended for medical use.

Meanwhile, further north, the Washington State Supreme Court recently upheld the conviction of medical marijuana patient Sharon Lee Tracy.

From Northwest Public Radio:

Even the majority justices say Sharon Lee Tracy is exactly the kind of person Washington voters intended to help when they passed a medical marijuana initiative back in 1998. She suffers from a hip deformity, migraine headaches and endured eight surgeries to repair a ruptured bowel and colon condition. So why was she arrested and convicted of growing marijuana back in 2003? Because Tracy had permission to use marijuana from a California doctor, but not a Washington doctor as required by law.


As I understand it, the decision is legally sound in that Washington’s medical marijuana law does require an in-state recommendation. Dissenting Justices argued that other medicines are available with out-of-state prescriptions, but to no avail.

Either way, there’s no excuse for sending this feeble woman to prison. I can forgive these judges for upholding the law as it’s written, but the prosecutors who fought this all the way to the State Supreme Court should be ashamed. Tracy should never have been charged in the first place.

I shudder to think that some smug DA walked out of court grinning after successfully convicting a woman with chronic migraines, a deformed hip, and a ruptured bowel simply because she tried to relieve her pain. Let’s hope the State Legislature moves to close this loophole forthwith. And if she’s sentenced to even a day in prison, let’s make some noise.

I understand that local officials are still coming to terms with the reality of medical marijuana. I understand that federal officials have painted themselves into a corner and will not now admit that they've acted in bad faith. I understand that people who've had the fortune of good health are sometimes challenged by the notion that a popular recreational drug also has unique medicinal properties. But I do not understand why resources are still being used to bring criminal charges against sick people. I just don't get it.

Can anyone explain why this is still happening?

Location: 
United States

U.S. Supreme Court Denies Hearing Two Cases Calling It "Illegal" (All Headline News)

Location: 
United States
URL: 
http://www.allheadlinenews.com/articles/7005654902

Editorial: Things That Happen Over and Over

One of the feature stories in the news this week was the annual ritual of the Thanksgiving "Turkey Pardon." This year "Flyer" and "Fryer," their names chosen in an online reader poll on the White House web site, got to live out the remainder of their natural lives on a farm in rural Virginia. The Turkey Pardon, a quasi-official act of the sitting US President, has happened reliably every Thanksgiving week for nearly 60 years.

http://www.stopthedrugwar.org/files/borden12.jpg
David Borden
Another annual occurrence has been the current President's relative disuse of his power to grant clemencies and pardons. When I first commented on the Turkey Pardons, "Stars" and "Stripes" in 2003, Bush had yet to use the power at all. Now that is no longer completely true, but it is still close to being true. According to the San Francisco Chronicle's Debra Saunders, the federal prisoner count rose steeply since 2003 -- from 150,000 to over 190,000 -- while the president has issued a mere two commutations and 97 pardons over his entire term. As a long-time vegetarian, I certainly don't oppose the turkey pardons. But when it comes to another long-time White House holiday tradition, Christmas pardons of people, George Bush has been a veritable Scrooge, if not a Grinch, and that should stop.

Yet another thing that happens over and over -- something no one would dare to call a tradition, yet whose reoccurrence is plainly inevitable -- is the accidental killing in drug raids of innocent or at least nonviolent people by paramilitarized police squadrons. What happens is that SWAT teams, many of which have more or less turned into drug squads, will use incredibly aggressive tactics like battering rams or stun grenades to break into homes of suspected drug offenders. The people inside, not expecting the intrusion and not understanding it to be any different from an attack, react with mere trauma most of the time, but sometimes by dying of heart attacks or by pulling out guns in self-defense and getting shot. Sometimes the people inside get shot whether they pull out guns or not.

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Pardoning turkeys isn't enough -- because enough is enough.
A report by the Cato Institute this year examines the problem in detail. It has been growing. Atlanta's Kathryn Johnston was the latest victim. The 92-year old opened fire on three police officers after they forced their way into her home without knocking. The officers were wounded, but returned fire on Johnston, who was killed. People are justifiably angry, many regarding Johnston's use of her weapon as justified in the circumstances, albeit tragic in where it led. Police called the incident "tragic" but said they were executing a legal warrant after an undercover officer had bought drugs at her home. Time will tell if that claim is truthful or otherwise. But even if it is, how does it justify what happened?

Drug war killings by SWAT teams of people who are innocent or undeserving of it are only one of the many drug war outrages that happen over and over. In my opinion it is time to say "enough is enough."

As a first step, I ask that those of you reading this, who have other drug war outrages they care about, make posts discussing them to the comment section at the bottom of this web page. (If would be great if you could log in first too, so you won't be "anonymous" and people including us at DRCNet will know how to reach you. We're going to be doing some redesign work to make that easier during the next few weeks.)

Next week we will begin to talk about step two...

Feature: Students Lobby and Learn in DC as SSDP Comes to Town

Students for Sensible Drug Policy (SSDP), the nation's leading campus-based drug reform organization, held its annual conference last weekend in the shadow of the US Capitol in Washington, DC. More than 300 students from 70 campuses in the US and Canada heard from movement luminaries, studied the nuts and bolts of campus organizing, took care of organizational business, and put theory into practice with a day of lobbying for drug reform issues on Capitol Hill.

http://stopthedrugwar.com/files/ssdp3.jpg
media luminaries Bill Press & Clarence Page, with panel moderator Ryan Grim & SSDP executive director Kris Krane
After a couple of days of well-deserved post-conference decompression, SSDP leaders were ready to declare that the event had achieved its goals. "We think the conference was a fantastic success," said SSDP communications director Tom Angell. "We had about 300 students from across the US and Canada converge on DC to plan strategies for ending the war on drugs and its harmful impact on our generation. And this conference wasn't just about meeting each other and planning for the future -- it was about making change in the nation's capital while we were all here. We had 85 lobby meetings with members of Congress or their staffers Friday," he told Drug War Chronicle.

After being revved-up by a brief visit and pep-talk from Rep. Dennis Kucinich (D-OH) late Friday morning, students hit Congress to lobby for repeal of the law that spurred SSDP's formation in 1998, the Higher Education Act's drug provision, which so far has barred some 200,000 students from receiving financial aid because of drug convictions, and other issues like student drug testing.

In several instances, while meetings were set with staffers, members of Congress made at least brief appearances. In at least two meetings, with Rep. Jim McGovern (D-MA) and Rep. Bart Gordon (D-TN), students were able to sit down with the members themselves, Angell reported.

In addition to actually influencing members of Congress, SSDP's lobbying day had the added benefit of energizing the students. "A lot of them were really excited about lobby day," Angell explained. "This was the first time many of them had ever talked to legislative staffers about changing laws they care about."

"The whole thing has been very fulfilling -- I'm really learning a lot," said University of Maryland student Stacia Costner, who was one of more than three dozen Maryland students who showed up for the conference.

That made the Terrapin delegation one of the largest. Other states bringing dozens of students to Washington were Florida and Rhode Island.

But if the conference wasn't just about student activists meeting each other, that was still a big part of it. While much was learned on the Hill and in the conference's formal sessions, students took full advantage of their free time during the weekend to meet and greet each other, compare war stories, and share lessons learned.

Another student in attendance, Jimmy Devine of Franklin Pierce College in New Hampshire, told the Chronicle students there were starting a harm reduction center. "We want to provide factual information beyond 'just say no,'" he said. "We want to help kids, and this conference is going to help us learn how better to do that."

"One of the most exciting things was that students from all across the country were able to come together, meet one another, and realize they are not alone on their campuses, that there are other students just like them working on the same issues on their own campuses," said Angell. "It'll be exciting to see what happens on these 70 campuses when the students go back this semester."

"We are trying to build a real student movement," said SSDP executive director Kris Krane as he opened the conference itself Saturday morning. "We are a force to be reckoned with. We are recognized in Congress as a powerful lobbying force and in the press as a credible voice for change."

Given the national political atmosphere in recent years, SSDP's road has been bumpy after an initial meteoric rise, Krane conceded. "The war on terror made recruitment more difficult, and the number of chapters dipped," he said. "We shied away from the anti-war rhetoric, but this is the true anti-war movement for our generation. The excesses of the war on terror were preceded by the excesses of the war on drugs. Whether you are talking about snitches, asset forfeiture, racial profiling, or mandatory minimum sentences, every violation of individual rights and liberties in the Patriot Act got its start in the drug war."

After Krane opened the session, the students had the opportunity to hear from many of the most prominent leaders of the drug reform movement, including an opening panel consisting of Ethan Nadelmann of the Drug Policy Alliance, Allen St. Pierre of the National Organization for the Reform of Marijuana Laws, Steph Sherer of the medical marijuana defense group Americans for Safe Access, and representatives of the Marijuana Policy Project. Sadly, MPP executive director Rob Kampia, the man behind the Nevada marijuana tax and regulate initiative, was taken ill and unable to attend. He was replaced by MPP director of governmental relations Aaron Houston.

"We are the people who want to smoke pot and get high," said Nadelmann to the surprised laughter and cheers of the crowd. "It's meaningful in our lives, and we don't want to be treated as criminals. But that's not all we are. We are also the people who hate drugs. We wish there could be a drug-free society, but we realize the war on drugs is not the way to do it," Nadelmann continued. "And we are the people who don't really give a damn about drugs, but who care about the Bill of Rights, the Constitution, racial justice, and living in a society that ranks first in per capita incarceration. All of us believe the war on drugs is not the way."

Nadelmann delivered a chilling warning about the future of the drug war. "In the next five or ten years," he predicted, "incarceration rates may be leveling off, but more and more people will be controlled outside of prison cells. Drug testing is becoming ever more omnipresent, the use of electronic bracelets and GPS devices is growing, we are heading toward a total surveillance society," he prophesied. "Internal surveillance of your body and external surveillance of your behavior. Little by little, we become more accustomed to depriving more and more people of little bits of freedom. We are approaching a totalitarian society."

That prospect makes the struggle to end the drug war all the more critical, Nadelmann told the rapt crowd. "We are fighting for what is best for this country and for the values of the enlightenment," he said. "We are fighting for a society where nobody gets punished for what they put in their body absent harm to others."

One of the most well-attended Saturday sessions -- and one of SSDP's conference booking coups -- was the joint appearance by media mavens Chicago Tribune columnist Clarence Page and MSNBC pundit Bill Press, both of whom addressed the problematic nature of media coverage of the drug war. For Press, the run-of-the-mill, uncritical daily drug war reporting can largely be explained by reportorial fear and ignorance.

"Reporters don't know the issue and they believe the bullshit they're fed by the politicians and the drug czar," he said. "We've spent billions of dollars and it has gotten us nothing except a waste of money and full prisons. But reporters are also afraid if they start reporting seriously, they might hurt their careers."

For Page, it was less fear and ignorance than complacency and unawareness. "Most editors aren't against fairness in reporting in drug policy," said the nationally known commentator. "Our generation broke things open in the 1960s and 1970s, but there was so much movement toward decriminalization then that there is something of a false impression that we do a lot less marijuana law enforcement than we really do. The last three drug czars all told me 'we don't arrest anyone for marijuana anymore,'" Page laughed.

It wasn't just the old media addressing the conference. Some of the drug war blogosphere's brightest stars also made appearances. The Cato Institute's Radley Balko, author of the blog The Agitator, stunned students with his exposition on the growth of law enforcement SWAT teams and their permutation into essentially little more than drug squads.

"SWAT teams are expensive, and there aren't enough hostage takings and barricade situations to justify them, so we see a sort of mission creep where they are being used in less and less violent situations and are now primarily used for drug raids," Balko explained, citing his review of raids gone bad, "Overkill: The Rise of Paramilitary Policing in America." "There were about 3,000 SWAT raids a year in the early 1980s," Balko noted. "Today, there are 40,000 a year."

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intellectual capital at the conference -- leading drug reform bloggers Scott Morgan, Radley Balko, Nick Gillespie & Peter Guither
Another leading drug war blogger, Peter Guither of Drug War Rant, joined DRCNet associate director David Guard and Common Sense for Drug Policy's Doug McVay in one of the Sunday nuts and bolts workshops. Guither, Guard and McVay interacted with motivated students in the session on how to articulate concise, effective arguments for drug reform.

This reporter spoke about Afghanistan's opium trade at another well-attended panel, this one on international dimensions of US drug policy. I was joined by Sanho Tree of the Institute for Policy Studies Drug Policy Project, who illuminated the adverse results of coca crop eradication in Colombia. Also on the panel were prominent academic drug policy specialists Mark Kleiman of UCLA and Peter Reuter of the University of Maryland. Somewhat surprisingly, the panel saw little controversy, as Reuter and Kleiman both agreed with the other panelists that US efforts to address its domestic drug problem by attacking drug crops overseas produce at best marginal results.

For reasons of length, no single report can cover everything that went on in three days of lobbying, listening, and learning. Suffice it to say that SSDP crafted a comprehensive set of sessions and activities designed to inform and energize its student base.

And the organization is looking to the future. "What are we going to do about race and diversity?" SSDP's Krane asked a sea of mainly white faces at the farewell session. "What are our goals?" SSDP knows very well what its immediate goals are, but it has also shown it realizes that a successful movement needs constant introspection, not just constant action.

Merced Pot Grower Convicted; Jury Takes Just Two Hours to Return Verdict; Medical Marijuana Defense Fails

Location: 
Fresno, CA
United States
Publication/Source: 
Fresno Bee
URL: 
http://www.fresnobee.com/263/story/14796.html

Racial Profiling: It Never Went Away on the New Jersey Turnpike

Despite seven years of reforms aimed at eradicating racial profiling by the New Jersey State Police, the practice continues unabated and has even gotten worse. That's according to an American Civil Liberties Union study that found 30% of drivers stopped on the southern portion of the New Jersey Turnpike were black while African-Americans comprised only 18% of the population.

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New Jersey Turnpike entrance
The ACLU of New Jersey used a Tuesday hearing of the Advisory Committee on Police Standards to submit its findings as it urged continued monitoring of state troopers to prevent racial profiling. The Tuesday meeting was the last of four set to study the problem. The panel was appointed by Gov. Jon Corzine (D) to decide whether court-ordered monitoring of the state police should continue.

The state agreed to a consent decree aimed at reforming State Police practices following the shooting of three unarmed young people of color on the Turnpike in 1998. In recent years, court-appointed monitors have found the agency is complying with the decree, and the federal government has offered to lift it.

But State Police continue to stop black drivers at "greatly disproportionate" rates on the southern part of the turnpike, ACLU legal director Edward Barocas told the committee. "Profiling continues unabated," Barocas testified. "African-Americans now make up a higher percentage of stops than they did before the consent decree began."

State Police spokesmen said they were aware that black drivers were being stopped disproportionately, but claimed it did not result from racial profiling. "We've been assured by the independent monitoring team that they have seen no indication of troopers performing unconstitutional actions or any sign of disparate treatment," said Lt. Col. Tom Gilbert.

While Gilbert played defense, State Troopers Fraternal Association president David Jones went on the attack. The ACLU study, in which an outside consultant measured the number of black, brown, and white drivers on the southern Turnpike and compared it with the number of traffic stops, was "junk science" designed to protect the "cottage industry" of defense lawyers who sue the State Police, he claimed. "Everybody there (at the Moorestown Station) from the very top on down has been changed a multitude of times," Jones said, explaining about transfers. "The anomaly exists because sometimes a violator is a violator."

State Police head Rick Fuentes wants to replace the court-appointed monitors with an academic panel, but racial profiling expert Professor Samuel Walker of the University of Nebraska-Omaha said stronger monitoring was needed. "External, independent oversight -- a different set of eyes and ears -- is extremely important for maintaining professional standards," said Walker. "You've got reforms in place. The real important issue is maintaining them... and it requires continuous attention."

The committee will decide on a recommendation to the governor, but there is no word yet on when that will happen.

Click here to view large portions of the historic 91,000 page New Jersey Racial Profiling Archive, released by the state attorney general's office in November 2000 and made available on the Internet by DRCNet.

Is It Time for Direct Action to Shut Down DEA Headquarters?

One of the nice things about coming to Washington is more stimulating dinner discussions than I'm accustomed to out in the boondocks. Last night, I had the chance to have dinner with a couple very well-versed in both drug policy reform and mass protests agitating. As conversation turned to what can be done about the drug war, one of them suggested it was time to crank it up a bit, and he had a very concrete suggestion: a direction action protest to surround and shut down DEA headquarters in suburban Arlington, Virginia. It would certainly be an appropriate target. Along with the White House Office of National Drug Control policy—the drug czar's office—the DEA is the ugly face of the federal drug war. And while the drug czar's role is largely one of proselytizing for the continued existence of prohibition, the DEA is the agency that is waging the federal drug war on a day-to-day basis. These are the guys who run who kick in doors for a living, who bully their way into medical marijuana dispensaries and grows, who make the busts that send black and brown kids to prison for years for small-time drug sales, who go after the doctors who are trying to treat pain patients, who corrode our social solidarity with their snitches, either paid or coerced. The DEA is the federal government's drug war goon squad. Isn't it about time to take concrete action against these latter day buccaneers? My activist friend suggested a national mobilization designed to bring thousands of people to DC to literally shut it down by blockading the entrances of DEA headquarters. Now, of course, such an action wouldn't actually disrupt the agency's business for more than a short period of time, but it would disrupt it. I'm for that. Personally, I'm tired of protest actions that don't actually do anything. A weekend march through an empty downtown may feel good and empowering and all that, but what does it really accomplish? You may get 30 seconds on the news—if you're lucky and Tomkat didn't get married or OJ didn't write a book that day. A mass direct action at DEA would actually do something: First, it would actually disrupt the workings of the agency to the extent that employees are prevented from getting to their work spaces. Second, it would generate arrests, scenes of police dragging American citizens off the streets and into paddy wagons in a political protest, and, given the tenor of the times, quite possibly descending into police brutality by beating, macing, or tasering them. Third, one would hope that angry clashes at the DEA would generate some media coverage. Last, and not least, it would put the agency and its employees on notice that there is a sizeable portion of the population that wants to drive them out of business. Sure, we can continue to work the halls of power, and maybe, just maybe, we could win some victories on the margins. If the Democrats in Congress are courageous—and I see little sign of that—we might be able to convince them to legislate a slightly kinder, gentler drug war, maybe reducing the crack/powder cocaine disparity slightly or making some mandatory minimum sentences only advisory. But it seems to me that lobbying politicians will not be sufficient; we need to make this a multi-modal struggle and take this war to the DEA on its home turf. I, for one, would rather take the fight to their house than have them take the fight to my house. And so would my well-placed activist friend. He's mentioned it to some of the leading drug reform organizations, but they seem luke-warm at best. My activist friend, who knows about such things, says $100,000 would make it happen in a big way. Well, if the big boys don’t want to pay for this, 10,000 people committed to ending the drug war could chip in $10 each. Is anyone else up for this? If so, where do we go from here?
Location: 
Arlington, VA
United States

The new Congress has huge implications for FedCURE and its two legislative initiatives

The new Congress has huge implications for FedCURE and its two legislative initiatives: H.R. 3072 (Federal Parole) and H.R. 1704/S.1934 (The Second Chance Act). As you may know, FedCURE authored H.R. 3072 and its predecessor H.R 4036. H.R. 3072 is a bill to revive the system of parole for Federal prisoners and is our champion cause. The bill has been stuck in committee in the 109th Congress and we anticipate having to reintroduce the bill in the 110th Congress. However, H.R. 1704/S. 1934, a bill we also strongly advocate in favor of, has bipartisan support and has already cleared the House Judiciary committee and the likelihood of the Second Chance Act’s passage during the upcoming "lame-duck" session remains promising in the Senate. But even if does fail, its broad bipartisan support will likely continue in the 110th Congress, hopefully carrying it towards final passage. FedCURE works closely with Rep. Danny K. Davis (D-Ill), who is the key-sponsor of both of these bills. Many Democratic members of Congress who sponsor FedCURE and with whom FedCURE works with were re-elected and will assume powerful leadership positions when Congress reconvenes in January. For example: Rep. John Conyers (D-Mich.) a FedCURE sponsor and cosponsor of H.R. 3072 and H.R. 1704, will become Chairman of the House Judiciary Committee, replacing sentencing reform foe Rep. F. James Sensenbrenner (R-Wis.), who opposed reinstating federal parole and orchestrated attacks on judicial discretion and sponsored the egregious "Booker-fix" bill, among many other costly and punitive sentencing bills. You can bet when the federal parole bill is reintroduced to the 110th Congress that he will mark it up for hearings. Rep. Robert "Bobby" Scott (D-Va.), another FedCURE sponsor and cosponsor of H.R. 3072 and H.R. 1704 will become Chairman of the House Subcommittee on Crime, Terrorism and Homeland Security, which is the committee where sentencing bills begin. The positive relationships FedCURE has built with Republican lawmakers like Rep. Bob Inglis (R-S.C.) and Rep. Jeff Flake (R-Ariz.), who were re-elected, will also continue. And, of course, we will keep reaching out to more Republicans to build a broad consensus for sentencing reform, which is still necessary to win reforms. In a resolution dated 16 August 2006, the American Correctional Association strongly urged Congress to reinstate and fully fund a system of parole for Federal prisoners: ACA Resolution on the Reinstatement of a System of Parole For Federal Prisoners. FedCURE's lifetime member and PBS film producer and Soros Justice Media Fellowship candidate, Allan Mason and BNN (Broadcast News Network), is documenting these activities for inclusion in the production of a one-hour special news documentary film titled, The CURE: America's ailing federal criminal justice system (suitable for Frontline, NOW, or an independent special report for the Public Broadcasting System and their affiliates), examining the ailing federal criminal justice system in the United States and the impact of two pieces of proposed federal legislation that would reduce federal prisons sentences and provide for tax payer relief by enacting smart legislation that would revive the system of parole for federal prisoners; and reduce run-a-way recidivism rates by enacting smart legislation such as "The Second Chance Act," reauthorizing the grant program of the Department of Justice for re-entry of offenders into the community, to establish a task force on Federal programs and activities relating to the re-entry of offenders into the community, and for other purposes. See H.R. 3072, H.R. 1704 and S. 1934, respectively. FedCURE needs your support and for you to be informed in these matters. The 110th Congress could mean big changes for federal criminal justice. We need you to be engaged in this process with us. Please Donate and Join Now: http://www.fedcure.org/join.shtml. FedCURE P.O. Box 15667 Plantation, Florida 33318-5667 USA
Location: 
United States

Pot Seizures Foretell Bumper Crop [in Mexico]

Location: 
United States
Publication/Source: 
Associated Press
URL: 
http://www.chron.com/disp/story.mpl/metropolitan/4344389.html

Hoyer vs. Murtha on drug policy

After reading that Rep. Barney Frank (D-MA) is supporting Steny Hoyer for Majority Leader (Frank is one of the best members of Congress as far as our issue is concerned -- he has spoken at several of our events), I decided to take a look at how their records look on drug policy. According to Cannabis Culture magazine's "USA 2006 Stoner Voters Guide," John Murtha scored a "failure" grade, opposing medical marijuana by voting against the Hinchey amendment, supporting aerial coca eradication in Colombia (spraying of poisons) and other evils. He did vote against increasing funds for the Byrne grant program to the task forces. Hoyer, by contrast, scored an A -- the only Hoyer vote Cannabis Culture didn't like was for authorizing continuation of the drug czar's office. According to the Drug Policy Alliance voter guide, Hoyer, while not leading any drug policy reform efforts, nevertheless scored 100% correct on issues of recent concern, compared with a 33% showing by Murtha. If I'm not mistaken, Murtha did vote in favor of the Hinchey medical marijuana amendment two years ago, but switched to anti- last year and again this year. Perhaps then there is hope for him. But in the meanwhile, as far as drug policy reform is concerned, Hoyer has a far better record. (This blog post was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)
Location: 
Washington, DC
United States

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