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George Floyd Protests Continue in the US, Trump and DC Mayor Clash Over Control of City Streets June 5, 2020
As protests grip Washington, President Trump and D.C. Mayor Bowser clash in contest over control of city streets David Nakamura, Fenit Nirappil, and Dan Lamothe The Washington Post, June 5, 2020 D.C. Mayor Muriel E. Bowser and President Trump were engaged in an escalating contest over control of Washington streets when the email from a military planner set off new alarms in the mayor’s office. The official was seeking guidance Wednesday afternoon for the U.S. Northern Command in determining “route restrictions” for the “movement of tactical vehicles” and “military forces” from Fort Belvoir, Va., into the city to assist in “Civil Disturbance Operations.” To Bowser’s aides, the request smacked of an imminent escalation in the federal force Trump had marshaled to quell the large street demonstrations over police brutality near the White House — the centerpiece of his bid to project the image of a strong leader who would establish “law and order” where local leaders had failed across the nation. Days earlier, Trump had falsely accused Bowser (D) in a tweet of refusing to allow D.C. police to assist in crowd control in Lafayette Square. Subscribe to the Post Most newsletter: Today’s most popular stories on The Washington Post “The last time they asked us about that was in preparation to move tanks to the city for the Fourth of July” celebration last summer, said one D.C. government official, speaking on the condition of anonymity to discuss the private request. “We don’t want it to happen.” A Defense Department official played down the email query as “due diligence” in case such forces are needed and said the vehicles in question are Humvees and personnel carrier trucks similar to those that already have been used in the city this week. But the episode highlighted the escalating tensions and deepening distrust between Bowser and Trump, who has maintained a deep remove from local city life and has not established more than cursory relationships with city leaders. D.C. mayor lifts curfew for seventh night of protests In responding to the unrest, Bowser has generally deferred to the D.C. police department, which has more training and experience than other city police forces in managing large protests, which take place regularly in the nation’s capital. She has tried to balance support for peaceful demonstrators with a forceful denunciation of those who have looted businesses, whom she cast as outsiders even though most arrested are from the Washington region. During a news conference Thursday, Bowser said she was alarmed by the growing presence of federal security authorities in the city and declared she wants federal “troops from out of state” kept out of the District. She also expressed concern that the Trump administration's move to extend security barriers beyond the White House perimeter to encircle Lafayette Square, closing it to the public, could become permanent. “Keep in mind that’s the people’s house,” she said. “It’s a sad commentary that the [White] House and its inhabitants have to be walled off.” The remarks were an amplification of her scathing reply to Trump’s false criticism about her performance days earlier. In a tweet of her own, Bowser mocked Trump — who had warned protesters of “vicious dogs” and “ominous weapons” guarding the White House — as hiding “behind his fence afraid/alone.” “There is just a scared man,” she wrote of the president’s bluster. Trump aides have fired back. On Fox News this week, White House press secretary Kayleigh McEnany criticized Bowser’s “befuddling actions,” citing the mayor’s decision to implement an 11 p.m. curfew on Sunday as “really not tough enough.” A fire had broken out at St. John’s Episcopal Church, a block from the White House, before the curfew began. Bowser called for a 7 p.m. curfew on Monday and Tuesday. “Unfortunately, the mayor did not provide early leadership to ensure peaceful protests and prevent riots and violence as demonstrated by the arson to St. Johns Church, defacing of national monuments, and destruction of several covid-19 testing sites in vulnerable communities, forcing the president to take necessary action to restore law and order,” White House spokesman Judd Deere said in a statement. In recent days, the two have engaged in contrasting public appearances. The morning after the church fire, Bowser showed up at Lafayette Square to survey damage and speak to reporters; that evening, Trump strode through the park with senior aides after Attorney General William P. Barr ordered police to forcibly clear protesters with chemical gas and rubber bullets. Trump posed for news photographs holding a Bible in front of the church, without going inside. Bowser, a practicing Catholic, joined protesters in prayer on Wednesday. Trump’s increasingly fraught relationship with Bowser is emblematic of his eagerness to escalate political confrontations with Democratic state and local leaders, casting their jurisdictions as dangerous, dirty and poorly managed. But the tensions are amplified in the District by its unique status as a federal city whose local officials have long chafed over a lack of congressional representation and the federal government’s oversight of its spending decisions. For decades, Republicans, including Trump, have opposed efforts to grant the city, which is majority Democratic, congressional voting rights. D.C. officials said Trump administration officials this week raised the prospect of a federal takeover of the city’s police department amid the protests, a move Bowser firmly opposed. “The problem we have here . . . is, ‘Who is in charge?’ ” said Del. Eleanor Holmes Norton (D-D.C.). Trump aides pointed to Bowser’s inclusion in calls the president has held with governors over the coronavirus pandemic and communication directly between the two in managing the outbreak as evidence of Trump’s cooperation with city leaders. © Daniel Slim/AFP/Getty Images D.C. Mayor Muriel Bowser (D) speaks to reporters in front of Saint John’s Episcopal Church near the White House on Monday. (Daniel Slim/AFP via Getty Images) Until this week, Trump and Bowser maintained a cool but not overly strained relationship, at least by the standards of the combative president. Bowser visited him at Trump Tower in New York during the transition after his election in 2016, and a few months later, in March 2017, he asked her to brief him in the Oval Office about the city's preparations for a brewing snowstorm. The meeting perplexed local officials, who said such conversations typically took place between city and federal management agencies, and the storm sprinkled a modest 2.5 inches on the city. Bowser has largely refrained from publicly attacking the president beyond registering the usual Democratic objections to his actions — and Trump has not tagged her with a demeaning nickname, as he has with other political foils. She has focused her toughest criticism on matters directly involving the city, such as when the federal government did not fully reimburse the District government for the costs of providing security at Trump’s inauguration. Before the unrest related to the death of George Floyd after he was arrested by Minneapolis police officers last week, their highest-profile clash came over Trump’s desire for a military parade in 2018. Trump blamed “local politicians” for foiling his plans over high costs, which Bowser pegged at $21 million but the Pentagon put at $92 million. Bowser fired back with a tweet describing herself as “the local politician who finally got thru to the reality star in the White House” — a dust-up she touted on campaign mailers that fall as she cruised to reelection. Unlike past presidents, Trump has not visited a city school or eaten at a local restaurant other than the steakhouse at the Trump International Hotel, a few blocks from the White House. Before his photo op outside St. John’s this week, he had visited city churches five times, including three visits to St. John’s, according to Mark Knoller, a White House correspondents for CBS News Radio who keeps records of presidential outings. Former president Barack Obama, by comparison, visited D.C. churches 16 times in his first term, including nine visits to St. John’s. On the weekends, Trump has regularly left town for his resorts in Florida, Virginia and New Jersey. “You’ve got President Obama, who had a very close relationship with the city and would go to restaurants and take walks without tear gas and flash bombs outside the White House,” said Bo Shuff, executive director of D.C. Vote, which advocates for statehood. Yet Trump “is more financially invested in the city than any other president has been in the past based on the hotel.” During Bowser’s news conference Thursday, a reporter expressed frustration trying to distinguish between federal and local police during the protests. “I just hope that you take some of that frustration and channel it into coverage of D.C. statehood and why we need to be autonomous,” Bowser said. “I’m looking forward to that.” *** George Floyd Protests Updates: Memorials Planned as Nation Tries to Heal New York Times, June 4, 2020 The family of George Floyd was preparing on Thursday for the first of a succession of planned memorials in three cities, after a ninth day and night in which tens of thousands of people took to America’s streets in largely peaceful demonstrations calling for sweeping reforms in policing and an end to systemic racism. Many protesters cheered the decision to charge three more police officers on Wednesday in Mr. Floyd’s death and to file a more severe charge against Derek Chauvin, the officer who pinned Mr. Floyd to the ground with a knee for nearly nine minutes as an encouraging development in a broader struggle. “This is a significant step forward on the road to justice, and we are gratified that this important action was brought before George Floyd’s body was laid to rest,” said Ben Crump, a lawyer for Mr. Floyd’s family. The groundswell of national outrage has already led lawmakers in a number of states to consider legislation aimed at overhauling police procedures and systemic inequities. Measures being weighed include a ban on chokeholds in Colorado, a bill aimed at minimizing the use of lethal force in Wisconsin, and a potential repeal of California’s 24-year-old ban on affirmative action in university admissions and public sector contracting and hiring. Former President Barack Obama, in rare public remarks, called on every mayor in the country to review use-of-force policies and to aggressively pursue police reforms like mandatory de-escalation of conflicts, a ban on shooting at moving vehicles, timely reporting of violent incidents and prohibitions on some forms of restraint used by the police. Speaking from his home in Washington, he also offered encouragement to the demonstrators. “For those who have been talking about protest, just remember that this country was founded on protest — it is called the American Revolution,” Mr. Obama said. His remarks stood in stark contrast to President Trump, whose calls to deploy active-duty military troops to U.S. cities have shaken the Pentagon. Jim Mattis, the former defense secretary, added his voice to the chorus of condemnation of Mr. Trump on Wednesday, saying the country was “witnessing the consequences of three years without mature leadership.” Protesters welcome charges against the officers in George Floyd’s death. © Alyssa Schukar for The New York Times A candlelight vigil on Wednesday at the spot where George Floyd was arrested in Minneapolis. From coast to coast, protesters had a consistent reaction to the charges that have now been brought against three additional police officers in the death of George Floyd: It’s good news — and it’s not nearly enough. There need to be convictions. There needs to be systemic change. “I think it’s going to be a really long fight, not just in Minnesota but in cities around the country,” said Izzy Smith, an educator from the South Side of Minneapolis who was among those demonstrating at the site where Mr. Floyd was arrested last month. “This is a marathon, not a sprint,” she added, “so it’s keeping the foot on the gas but keep it steady.” Nearby, Marquise Bowie said of the charges: “That’s good. It ain’t going to bring the man back, though. It’s a start.” Some protesters expressed disappointment that the officer who pressed on Mr. Floyd’s neck, Derek Chauvin, had been charged with second-degree murder rather than first-degree, or that action against the other officers was not taken sooner. “It’s about damn time,” said Nekima Levy Armstrong, a civil rights lawyer and protest organizer in Minneapolis. “If not for the outrage that had rocked the country, these officers never would have been charged.” At a demonstration on the North Side of Chicago, Jonathan Mejias said he was gratified by the news, to a point. “It’s just one piece,” he said. “The world needs to know that it doesn’t end with resolving this one case. There are too many more out there.” Byron Spencer, handing out water and burgers to protesters outside Los Angeles City Hall, said he was both “elated and defeated” by word of the new charges. He said he had seen countless surges of outrage over police brutality against black men, only to have it happen again. “I’m 55, I’m black and I’m male. I’ve seen the cycle,” he said. “It’s almost like PTSD constantly having this conversation with my son.” Cierra Sesay reacted to the charges at a demonstration in the shadow of the State Capitol in Denver. “It’s amazing, it’s another box we can check,” she said. “But it goes up so much higher. It’s about the system.” In San Francisco, Tevita Tomasi — who is of Polynesian descent and described himself as “dark and tall and big” — said he regularly faced racial profiling. On Wednesday, he distributed bottled water at what he said was his first demonstration but would not be his last. What would stop him from protesting? “They would have to shoot me.” ‘He tries to divide us,’ former Defense Secretary Jim Mattis says of President Trump. Former Defense Secretary Jim Mattis, in his harshest criticism of President Trump since resigning in protest in December 2018 over the president’s decision to withdraw U.S. troops from eastern Syria, offered a withering take on Wednesday of Mr. Trump’s leadership. “Donald Trump is the first president in my lifetime who does not try to unite the American people — does not even pretend to try,” Mr. Mattis said in a statement. “Instead he tries to divide us. We are witnessing the consequences of three years of this deliberate effort. We are witnessing the consequences of three years without mature leadership.” The statement came hours after the current defense secretary, Mark T. Esper, said he did not think the current state of unrest in U.S. cities warranted the deployment of active-duty troops to confront protesters. Mr. Esper’s comments directly contradicted Mr. Trump, who has repeatedly raised the possibility of the Insurrection Act to do exactly that. In a Pentagon news conference on Wednesday, Mr. Esper said ordering active-duty troops to police American cities should be a “last resort and only in the most urgent and dire of situations.” He said that, for now, this was not warranted. © Todd Heisler/The New York Times The scene where three police officers were wounded in Brooklyn on Thursday night. About 1,600 airborne troops and military police have been positioned outside the capital, officials said this week. Hundreds are expected to gather at a memorial for George Floyd in Minneapolis. Hundreds of people were expected on Thursday to attend a memorial service for George Floyd, whose death in police custody in Minneapolis last month has elicited such outrage across the country that it has pushed fears of a pandemic into the background. “We have to be united, even with Covid,” said Yousif Hussein, 29, who said he planned to attend the memorial. “I have to show solidarity with George Floyd,” Mr. Hussein said outside the corner market in midtown Minneapolis where Mr. Floyd made his final gasps — for help, for his mother and for air, a plea that has become a painful refrain for racial and social justice in America: “I can’t breathe.” Thursday’s memorial service is scheduled to begin at 1 p.m. in a large sanctuary at North Central University in Minneapolis. Other services for Mr. Floyd are planned for Saturday in Raeford, N.C., where some of his family lives, and Monday in Houston, where he lived for many years. © Victor J. Blue for The New York Times Gathering this week at the site where George Floyd was detained in Minneapolis. The Minneapolis service, to be led by the Rev. Al Sharpton, comes a day after enhanced charges were announced against the police officer who wedged his knee onto Mr. Floyd’s neck and new charges against three other officers who participated in the arrest. All have been fired. Among those planning to attend the memorial service is Gwen Carr, the mother of Eric Garner, who died in 2014 when a New York police officer placed him in a fatal chokehold. His last words, “I can’t breathe” — echoed last month by Mr. Floyd — galvanized the Black Lives Matter movement. “It just feels like I’m coming to my son’s funeral again,” Ms. Carr said on Wednesday. A friend in Mr. Floyd’s passenger seat: ‘He was not resisting in no form or way.’ A longtime friend of George Floyd who was in the passenger seat of Mr. Floyd’s car when he was arrested said on Wednesday night that Mr. Floyd had tried to defuse the tensions with the police and did not resist. “He was, from the beginning, trying in his humblest form to show he was not resisting in no form or way,” said Maurice Lester Hall, 42, who was taken into custody in Houston on Monday and interrogated overnight by Minnesota state investigators, according to his lawyer. “I could hear him pleading, ‘Please, officer, what’s all this for?’” Mr. Hall said in an interview with Erica L. Green of The New York Times on Wednesday night. Mr. Hall recounted Mr. Floyd’s last moments. “He was just crying out at that time for anyone to help, because he was dying,” Mr. Hall said. “I’m going to always remember seeing the fear in Floyd’s face, because he’s such a king. That’s what sticks with me: seeing a grown man cry, before seeing a grown man die.” Mr. Hall is a key witness in the state’s investigation into the four officers who apprehended Mr. Floyd. New York Times reporters are covering protests in many cities. Here’s what they are seeing. Kim Barker, Minneapolis Behind the concrete and metal barriers near the shuttered Gay 90’s nightclub, National Guard soldiers stood watching. A peaceful protest on Wednesday outside the First Police Precinct in Minneapolis swelled to more than 500 people, and then dwindled to about 50 as the minutes ticked down to the 10 p.m. curfew. Just after the curfew began, Nekima Levy Armstrong, a protest organizer and civil rights lawyer, addressed law enforcement. “We have asked you to find your hearts, to find your humanity, to stop abusing people who are simply exercising their First Amendment constitutional right to freedom of speech,” she said. Protesters handed out markers so people could write emergency phone numbers on their arms in case they were arrested. Others put on helmets, goggles and makeshift masks in case of tear gas. Instead, Ms. Levy Armstrong kept talking, for almost another hour, about the arrests of the other three officers who arrested Mr. Floyd. “Now we need to keep fighting and make sure that there is a conviction. Right?” she asked, as the crowd cheered. “So that means that we’ve got to keep the pressure on.” Just before 11 p.m., she said the rally was over. As people got ready to leave, loudspeakers played “Get Up Stand Up” by Bob Marley. The National Guard soldiers stood watching. Tim Arango, Los Angeles Every Wednesday for the last two and a half years, Black Lives Matter has held a demonstration in downtown Los Angeles against police abuses, often drawing just a couple of dozen people. But on Wednesday, many thousands were gathered in front of the Hall of Justice, underscoring how the killing of George Floyd in Minneapolis has catalyzed the work that local activists have been carrying out for years. Family members of young men killed by the police in recent years told their stories. “I can’t sleep at night,” said Fouzia Almarou, whose son Kenneth Ross Jr. was fatally shot by the police in Gardena in 2018. A man recounted how his brother Anthony Weber was killed in South Los Angeles after a Super Bowl party in 2018. A woman carried a velvet box containing the ashes of her son, killed by law enforcement. “We have been waiting for these days to come, for these people to stream into these streets,” said Valerie Rivera, whose son Eric was killed by the police in 2017. “You keep hearing people say it’s horrible a black man was killed, but we have to stop the destruction,” said Bryon Spencer, 55, who has been out protesting all week. “It should be flipped. It’s horrible that there’s been this destruction, but we’ve got to stop the killing of black men.” Thomas Fuller, San Francisco A multiethnic crowd including doctors in scrubs and students wearing black gathered in the Mission District, filling the streets next to Dolores Park. William Achukwu, at 6-foot-6, towered over his fellow San Franciscans. “Our Declaration of Independence says life, liberty and the pursuit of happiness,” he said. “We are only dealing with the life part here,” he said of the protest. “This is a first step. But liberty is what a lot of people are marching for.” Mr. Achukwu said his experiences as a black man in San Francisco, where he works for a technology company, had taught him that even in such a liberal city he is treated with fear. People clutch their bags when he jogs through his neighborhood. His tenant brought a friend to the house and she thought he was there to clean. A police officer in Silicon Valley stopped him in his red Mustang convertible for drifting across lanes as he turned. The officer said, “Turn off your hip-hop when you’re talking to me.” He was listening to “My Way” by Frank Sinatra. A number of years ago, he traveled to Tokyo and was walking through the streets late at night when he was approached enthusiastically by a child. “A little girl walked right up to me with no fear,” he said. “That’s never happened to me at home. Why?” Thomas Gibbons-Neff, Washington, D.C. As the sun started to descend over Washington on Wednesday, a crowd of more than 1,000 protesters gathered peacefully. Sandwiches were distributed. An aging white Volvo had cookies in its trunk. The security perimeter around the White House had grown. No longer were soldiers and police officers behind a chain-link fence, as on the previous day. Instead the officers and troops had surged forward by half a block, forming a human line of riot shields, helmets and camouflage. National Guard units, solidly ahead of the police near the White House, had seemingly become the public face of the security presence. They blocked the streets with 2.5-ton Army transport trucks. Rai Jackson, a 39-year-old Methodist preacher joining the protest for the first time, said he wanted to see the situation before leading prayer next Sunday. “My heart is broken,” he said. “But at the same time it gives me hope.” He added that he felt for troops lined up in front of him. “I imagine that some of them would probably want to kneel with us,” Mr. Jackson said. “My heart goes out to everybody who has to be in the middle of this, trying to go home and talk to their family about what side they’re on.” “My heart breaks for them.” Mr. Floyd had the coronavirus weeks before his death, an autopsy report shows. George Floyd had the coronavirus in early April, nearly two months before he died, according to a full autopsy released by the Hennepin County medical examiner on Wednesday. Dr. Andrew M. Baker, the county’s top medical examiner, said Mr. Floyd was probably asymptomatic at the time of his death. Dr. Michael Baden, a former New York City medical examiner who was among two doctors who conducted a private autopsy for Mr. Floyd’s family last week, said that the four police officers who arrested Mr. Floyd should be tested for the virus, as should some of the witnesses. “The funeral director wasn’t told, and we weren’t told, and now a lot of people are running around trying to get tested,” Dr. Baden said. He said the full autopsy included information he did not have access to, such as toxicology results showing that Mr. Floyd had fentanyl in his system. Lawrence Kobilinsky, a forensics expert at John Jay College of Criminal Justice, said he was struck by the difference between the county’s official autopsy and the results of Dr. Baden’s private autopsy. The county’s report does not refer to any hemorrhaging near the carotid, as the private autopsy did. Mr. Kobilinsky said lawyers for the officers could make a point of the presence of fentanyl in Mr. Floyd’s body. Although the amount required to be lethal varies, fentanyl can stop a person’s heart and breathing, he said. Dr. Baden said that the amount of fentanyl in Mr. Floyd’s body was “considerable,” which would be particularly important if he had never used the drug before. But he said there was nothing in the full autopsy that made him change his medical opinion. “Restraint is what caused the death,” he said. Three N.Y.P.D. officers are injured in what the commissioner called a ‘cowardly’ attack. Hours after the New York City police moved aggressively to enforce an 8 p.m. curfew and crowds of largely peaceful protesters had left the streets, three police officers were wounded late Wednesday night in Brooklyn’s Flatbush neighborhood in what officials called an “despicable” attack. The police shot the man who the authorities say attacked the officers, including stabbing one in the neck, and all four were being treated for their injuries, according to Police Commissioner Dermot F. Shea. Mayor Bill de Blasio, speaking in the news briefing early Thursday, said he had visited with two of the officers and their family members, and family members of a third injured officer. He called it “a very tough night” and “another example of what it means every day for the men and the women of the N.Y.P.D. to protect all of us.” “This is a moment in our history we’ve got to support each other,” he said. The incident occurred after a day of largely peaceful protests gave way to a tense evening, with the police taking a tough approach to enforcing a curfew for the third night. “When we have these big crowds — especially in this area, especially where we’ve had the looting — no more tolerance,” Chief Terence A. Monahan told reporters. “They have to be off the street. An 8 o’clock curfew — we gave them to 9 o’clock — and there was no indication that they were going to leave these streets.” The attack on the officers in Brooklyn was not connected to any demonstration. “It appears to be a completely, cowardly despicable unprovoked attack on a defenseless police officer,” Mr. Shea said. Details are released on the officers charged in George Floyd’s death. The Minneapolis Police Department late Wednesday released 235 pages of personnel records for the four former officers charged in George Floyd’s killing on May 25, all of whom were fired after video of his death emerged the next day. Three of the officers, Thomas Lane, 37, J. Alexander Kueng, 26, and Tou Thao, 34, were charged on Wednesday with aiding and abetting second-degree murder, court records show. The fourth officer, Derek Chauvin, 44, who was arrested last week, now faces an increased charge of second-degree murder. Mr. Chauvin appears to have been reprimanded and possibly suspended after a woman complained in 2007 that he needlessly removed her from her car, searched her and put her into the back of a squad car for driving 10 miles an hour over the speed limit. He was the subject of at least 17 misconduct complaints over two decades, but the woman’s complaint is the only one detailed in 79 pages of his heavily redacted personnel file. The file shows that the complaint was upheld and that Mr. Chauvin was issued a letter of reprimand. “Officer did not have to remove complainant from car, Could’ve conducted interview outside the vehicle,” read the investigators’ finding. In one part of the records, the discipline imposed is listed as “letter of reprimand,” but Mr. Chauvin was also issued a “notice of suspension” in May 2008, just after the investigation into the complaint ended, that lists the same internal affairs case number. Mr. Kueng was an officer with the department for less than six months. He joined as a cadet in February 2019 and became an officer on Dec. 10, 2019, having previously worked as a community service officer with the department. He also worked as a security guard at a Macy’s and stocked shelves at a Target. Mr. Lane was accepted to the police academy in January 2019, having begun working in the criminal justice system in 2017 as a probation officer. Mr. Lane previously worked a series of different jobs, from restaurant server to Home Depot sales associate. He volunteered at Ka Joog tutoring, working with Somali youth in Cedar Riverside. Mr. Thao was hired in 2008 as a community service officer in Minneapolis. He was laid off in late 2009 because of budget cuts, but was recalled in 2011 and was then hired as a police officer in 2012. Reporting was contributed by Tim Arango, Kim Barker, Katie Benner, Nicholas Bogel-Burroughs, Emily Cochrane, Nick Corasaniti, Michael Crowley, Elizabeth Dias, John Eligon, Reid J. Epstein, Tess Felder, Lazaro Gamio, Sandra E. Garcia, Thomas Gibbons-Neff, Katie Glueck, Russell Goldman, Erica L. Green, Amy Julia Harris, Shawn Hubler, Carl Hulse, Mike Ives, Neil MacFarquhar, Barbara Marcolini, Patricia Mazzei, Richard A. Oppel Jr., Richard Perez-Peña, Catherine Porter, Elisabetta Povoledo, Michael Powell, Frances Robles, Alejandra Rosa, Marc Santora, Anna Schaverien, Thomas Shanker, Glenn Thrush, Daniel Victor, Neil Vigdor and Karen Weise. *** Share the link of this article with your facebook friendsFair Use Notice This site contains copyrighted material the
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