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Critics of ‘deep state’ foe Kash Patel, President-elect Trump’s pick to lead the FBI, call the veteran official a ‘danger’ to the U.S. who will politicize the bureau – but a review of the agency’s recent history shows the upper echelon of the FBI has long had a politicization problem, and Patel says he’s just the man to end it.

Trump announced over the weekend that he is nominating Patel as FBI director, after years as a public defender and working up the echelons of the federal government, including as senior director for counterterrorism at the National Security Council under the Trump administration, and chief of staff to acting Secretary of Defense Christopher Miller toward the end of Trump’s first term.

Patel is an outspoken crusader against the ‘deep state.’ In a book published last year, he explicitly called for revamping the FBI in a chapter dubbed ‘Overhauling the FBI,’ and moving the FBI’s headquarters out of Washington, D.C.

Since 2013, the FBI has seen three directors take the helm: James Comey, who served under the Obama administration before Trump fired him in May 2017; short-term acting-director Andrew McCabe under the Trump administration; and current director, Christopher Wray, whom Trump also appointed.  

Amid the political left’s outrage over the Patel pick, Fox News Digital revisited a handful of the agency’s scandals that were lambasted as politically motivated and spoiling the integrity of the agency. 

FBI agent Peter Strzok and FBI attorney Lisa Page’s anti-Trump texts 

In 2017, the FBI and Special Counsel Robert Mueller came under fire when it was revealed that two FBI employees tasked with investigating and handling alleged Russian interference into the 2016 election had texted each other anti-Trump rhetoric. 

‘[Trump’s] not ever going to become president, right? Right?!’ FBI attorney Lisa Page texted FBI agent Peter Strzok in August 2016, Fox Digital previously reported. 

‘No. No he won’t. We’ll stop it,’ Strzok responded.

Strzok wrote in another August 2016 text, seemingly referring to Trump’s chance of winning the 2016 election: ‘I want to believe the path you threw out for consideration in Andy’s office – that there’s no way he gets elected – but I’m afraid we can’t take that risk. It’s like an insurance policy in the unlikely event you die before you’re 40.’

Strzok and Page were both working on Mueller’s investigation into Russian interference in the 2016 election – which ultimately found no evidence that Trump or his campaign coordinated with Russia – before Mueller dismissed Strzok from the investigation amid the text scandal. Page left the team before the text messages were discovered and revealed to the public. 

The pair had also worked together on the investigation into former Secretary of State Hillary Clinton’s use of a private email server for official government duties. 

The FBI ultimately fired Strzok in 2018 over the texts, as conservative lawmakers and critics lambasted ​​the ‘bias’ within the FBI. 

‘In Louisiana, we call that bias, we don’t call that objective,’ Sen. John Kennedy, R-La., said on Fox News at the time. 

While then-House Oversight and Government Reform Committee Chairman Trey Gowdy said: ‘Peter Strzok’s manifest bias trending toward animus casts a pall on this investigation… His bias impacted his decision-making and he assigned to himself the role of stopping the Trump campaign or ending a Trump Presidency.’

‘This is not the FBI I know,’ the South Carolina Republican added. 

Trump slammed the scandal as an instance of ‘treason.’ 

‘A man is tweeting to his lover that if [former Democratic nominee Hillary Clinton] loses, we’ll essentially do the insurance policy,’ Trump said in an interview with the Wall Street Journal in 2018. ‘We’ll go to phase two and we’ll get this guy out of office.’

‘This is the FBI we’re talking about – that is treason,’ he continued. ‘That is a treasonous act. What he tweeted to his lover is a treasonous act.’

Acting FBI Director McCabe fired after leaking to the media 

Trump dismissed FBI Director James Comey on May 9, 2017, with Deputy Director Andrew McCabe stepping up to take the helm of the agency for roughly three months before he was fired for allegedly leaking information to the press and initially lying about the leaks, Justice Department’s internal watchdog found in a 2018 investigation. 

McCabe automatically assumed the responsibilities of FBI director upon Comey’s firing, as the Trump administration searched for another FBI chief. McCabe had reportedly been in the running for the nomination, but was ultimately replaced by Wray in August of that year. Then-Attorney General Jeff Sessions fired McCabe just days before he would have been eligible for a lifetime pension after it was determined that he had leaked a self-serving story to the press regarding the bureau’s probe of Clinton’s email server, and then misled investigators on the matter. 

Sessions said McCabe ‘made an unauthorized disclosure to the news media and lacked candor − including under oath − on multiple occasions.’

The DOJ IG report found McCabe leaked information of an August 2016 call to the Wall Street Journal for an Oct. 30, 2016, story titled ‘FBI in Internal Feud Over Hillary Clinton Probe.’ The story focused on the FBI announcing the reopening of the Clinton investigation after finding thousands of her emails on a laptop belonging to former Democratic Rep. Anthony Weiner, who was married to Hillary Clinton aide Huma Abedin.

The Journal reported a senior Justice Department official expressed displeasure to McCabe that FBI agents were still looking into the Clinton Foundation, and that McCabe had defended the FBI’s authority to pursue the issue.

McCabe filed a lawsuit over the firing, and saw his pension restored as part of a settlement deal that also vacated Sessions’ decision, and removed any mention of being fired from McCabe’s FBI record.

Conviction of FBI Crossfire Hurricane lawyer Kevin Clinesmith 

Under Director Comey’s tenure as FBI chief, the agency came under fire when media outlets began reporting in 2019 that the DOJ’s watchdog made a criminal referral to U.S. prosecutor John Durham regarding FBI attorney Kevin Clinesmith, elevating the investigation from an inquiry to a criminal probe. Durham was the U.S. attorney for Connecticut and later tapped by then-Attorney General Bill Barr to lead a criminal investigation into the origins of the FBI investigating alleged Russian interference in the 2016 election. 

Clinesmith had worked on the FBI’s Crossfire Hurricane investigation, which investigated alleged claims Russia interfered in the 2016 election, when Trump won the Oval Office in his campaign against Clinton. 

The DOJ inspector general accused Clinesmith, though not by name, of altering an email about former Trump campaign adviser Carter Page to say that he was ‘not a source’ for another government agency, downplaying Page’s relationship with the CIA. Page had worked as an ‘operational contact’ for the CIA for about five years until 2013. 

The Justice Department relied on Clinesmith’s altered email assertion as it submitted a third and final renewal application in 2017 to eavesdrop on Page under the Foreign Intelligence Surveillance Act (FISA).

The Justice Department’s charging document stated that Clinesmith ‘did willfully and knowingly make and use a false writing and document, knowing the same to contain a materially false, fictitious, and fraudulent statement and entry in a matter before the jurisdiction of the executive branch and judicial branch of the Government of the United States.’

Clinesmith ultimately pleaded guilty to ‘one count of making a false statement within both the jurisdiction of the executive branch and judicial branch of the U.S. government, an offense that carries a maximum term of imprisonment of five years and a fine of up to $250,000.’

He was sentenced in 2021 to 12 months probation and 400 hours of community service. 

Page said the 2020 Clinesmith indictment was the ‘first step on the road to justice’ for the FBI and DOJ, slamming Clinesmith’s actions as ‘false conspiracies and made-up lies paid for by Democrats.’ 

‘Friday was just a first step on the road to justice, because it was the first time that I started to see some semblance of justice from the DOJ and FBI with the fact they were acting in accordance with Crime Victims’ Rights Act, a law that was totally avoided and not respected throughout last four years,’ Page told ‘Mornings with Maria’ at the time. 

Prosecution of former national security adviser Michael Flynn 

Trump’s first national security adviser Michael Flynn, who also served as Obama administration Defense Intelligence Agency chief, was embroiled in FBI legal woes at the start of Trump’s first administration amid the FBI’s Crossfire Hurricane investigation, which ultimately sparked the Mueller investigation and was followed by the Durham report. 

In December 2017, when Comey helmed the FBI, Flynn struck a plea deal with Mueller, pleading guilty to giving false statements to the FBI, which included comment regarding his communications with a Russian ambassador. Flynn also admitted to filing paperwork under the Foreign Agents Registration Act that contained misrepresentations regarding business with Turkey. 

The plea deal included Flynn’s cooperation with Mueller’s special counsel investigation into Trump’s alleged connections to Russia during the 2016 election. 

In 2019, however, Flynn claimed innocence and accused the FBI of misconduct. Internal FBI documents made public in 2020 showed top FBI leadership discussing the motivation behind interviewing Flynn when he served as national security adviser and whether their ‘goal’ was ‘to get him to lie, so we can prosecute him or get him fired.’

The documents were handwritten notes between the FBI’s former head of counterintelligence Bill Priestap following a meeting with Comey and McCabe, Fox News Digital previously reported. The notes suggested that agents also planned to get Flynn ‘to admit to breaking the Logan Act’ when he spoke to then-Russian Ambassador Sergey Kislyak during the presidential transition period.

Strzok was notably one of the FBI agents who interviewed Flynn. 

Trump ultimately pardoned Flynn in 2020 and his case was dismissed. Flynn has since said he faced a ‘political persecution of the highest order.’

‘So, you know, we went and made the decision that this was the direction that we wanted to go and good enough for President Donald Trump for coming through, and we’re certainly grateful to him,’ Flynn said in 2020 on Fox News. ‘But at the same time, we also know that this was a political persecution of the highest order and not something that any American should ever have to go through.’

Trump announced over the weekend that he is nominating Patel as FBI director, touting him as someone who will ‘end the growing crime epidemic in America, dismantle the migrant criminal gangs, and stop the evil scourge of human and drug trafficking across the Border.’ 

Patel has been a staunch Trump ally, including joining the 45th president during his trial in Manhattan in the spring, and echoing that the United States’ security and law enforcement agencies, including the FBI, need to be overhauled. Patel published a book last year called ‘Government Gangsters,’ where he railed against the ‘deep state,’ the weaponization of the federal government and the Russia investigation into Trump.

‘Things are bad. There’s no denying it,’ Patel wrote in his book. ‘The FBI has gravely abused its power, threatening not only the rule of law, but the very foundations of self-government at the root of our democracy. But this isn’t the end of the story. Change is possible at the FBI and desperately needed,’ he wrote. 

‘The fact is we need a federal agency that investigates federal crimes, and that agency will always be at risk of having its powers abused,’ he continued, advocating the firing of ‘corrupt actors,’ ‘aggressive’ congressional oversight over the agency, complete overhauls to special counsels, and moving the FBI out of Washington, D.C.

Democrats and liberal members of the media have slammed Trump’s choice of Patel, calling him as a ‘danger’ to the U.S. and ‘unqualified’ for the role. 

‘It’s a terrible development for the men and women of the FBI and also for the nation that depends on a highly functioning, professional, independent Federal Bureau of Investigation. The fact that Kash Patel is profoundly unqualified for this job is not even, like, a matter for debate,’ McCabe said on CNN following the announcement. ‘The installation, or the nomination, I guess we should say at this point, of Kash Patel as FBI director can only possibly be a plan to disrupt, to dismantle, to distract the FBI, and to possibly use it as a tool for the president’s political agenda.’​

Before Patel could assume the role as FBI chief, Wray would need to step down or be fired, as he is in the midst of a 10-year appointment that does not end until 2027. The Senate would also have to confirm Patel. 

‘It is the honor of a lifetime to be nominated by President Trump to serve as Director of the FBI,’ Patel said in a statement following the announcement. ‘Together, we will restore integrity, accountability, and equal justice to our justice system and return the FBI to its rightful mission: protecting the American people.’ 

Fox News Digital’s Brooke Singman, Ronn Blitzer and Joseph Wulfsohn contributed to this report. 

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Israeli Prime Minister Benjamin Netanyahu says President-elect Donald Trump is in the ‘right place’ when it comes to his warning of there being ‘hell to pay’ if Hamas doesn’t release their remaining hostages. 

‘President Trump put the emphasis in the right place, on Hamas, and not on the Israeli government, as is customary [elsewhere],’ Netanyahu said Tuesday at the beginning of a cabinet meeting, according to Reuters. 

Trump on Monday called on Hamas to release all hostages prior to when he takes office on Jan. 20. 

In a Truth Social post, Trump said nothing was being done to free those being held by the Iran-backed terror group since Oct. 7, 2023, after Hamas attacked Israel and killed at least 1,200 people and kidnapped at least 250 others. Of the 101 hostages that remain in Gaza, seven are Americans. 

‘Everybody is talking about the hostages who are being held so violently, inhumanely, and against the will of the entire World, in the Middle East – But it’s all talk, and no action!’ Trump wrote.  

‘Please let this TRUTH serve to represent that if the hostages are not released prior to January 20, 2025, the date that I proudly assume Office as President of the United States, there will be ALL HELL TO PAY in the Middle East, and for those in charge who perpetrated these atrocities against Humanity,’ Trump added. 

The message also drew support from Israeli Finance Minister Bezalel Smotrich. 

‘This is the way to bring back the hostages: by increasing the pressure and the costs for Hamas and its supporters, and defeating them, rather than giving in to their absurd demands,’ Reuters quoted him as saying. 

Fox News’ Louis Casiano contributed to this report. 

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A Democratic U.S. congressman on Monday said it appears that certain people are ‘above the law’ after President Biden pardoned his son, Hunter Biden, despite repeatedly saying he would not give his son a pass.

Rep. Dean Phillips, D-Minn., responded to Biden’s decision to pardon Hunter on social media, blasting the president’s own words from earlier this year that ‘no one is above the law.’

‘Let’s just say the quiet part out loud, certain Americans are indeed above the law and influence is always for sale,’ Phillips wrote on X. ‘It’s time for the exhausted majority to condemn and confront legalized corruption.’

President Biden issued a sweeping pardon for Hunter Biden on Sunday after he had repeatedly said he would not do so. The first son had been convicted in two separate federal cases earlier this year. He pleaded guilty to federal tax charges in September, and was convicted of three felony gun charges in June after lying on a mandatory gun purchase form by saying he was not illegally using or addicted to drugs. 

The president argued in a statement that Hunter was ‘singled out only because he is my son’ and that there was an effort to ‘break Hunter’ in order to ‘break me.’

Biden had stated on record multiple times that he would not pardon Hunter should a jury convict his son.

Phillips, who unsuccessfully ran for the Democratic nomination for president, argued that perhaps both Hunter Biden and Trump may not have been charged in their respective criminal cases under different circumstances.

‘Two things can be true at once: Neither Hunter Biden nor Donald Trump would have been charged with certain crimes had they not been political figures,’ he wrote. ‘Pardoning powers have been abused by Trump and now Biden, and must be reformed.’

The pardon has been met with widespread criticism from Republicans, some Democrats and the media.

Reporters grilled White House press secretary Karine Jean-Pierre on Monday, asking whether Biden and his surrogates lied to the American people. Jean-Pierre responded, ‘One thing the president believes is to always be truthful with the American people,’ and repeatedly pointed to Biden’s own statement on the matter.

Biden has yet to take questions from reporters on why he broke his pledge to Americans and decided to pardon the first son.  

Fox News Digital’s Alexander Hall contributed to this report.

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In the waning days of the Biden administration, President-elect Trump is bucking his predecessor’s ‘don’t’ doctrine as a deterrent to foreign adversaries, instead issuing tough warnings before even taking office. 

‘If the hostages are not released prior to January 20, 2025, the date that I proudly assume Office as President of the United States, there will be ALL HELL TO PAY in the Middle East, and for those in charge who perpetrated these atrocities against Humanity,’ Trump warned Hamas on his Truth Social account Monday. 

‘Everybody is talking about the hostages who are being held so violently, inhumanely, and against the will of the entire World, in the Middle East – But it’s all talk, and no action!’ Trump added. 

War broke out in the Middle East on Oct. 7, 2023, when Hamas launched a surprise attack on Israel. Terrorists kidnapped more than 200 people from Israel, with Hamas still holding 101 hostages, including seven Americans, in Gaza more than a year after the war began. 

The White House and Israeli government have worked for months to secure a hostage release deal, but have been unsuccessful. 

Trump’s tough language against Hamas, which included warning those responsible for holding the hostages that they ‘will be hit harder than anybody has been hit in the long and storied History of the United States of America,’ stands in stark contrast to President Biden’s ‘don’t’ doctrine regarding the war in Israel. 

After the war began last year, Biden delivered remarks from Israel where he warned adversaries of Israel and the U.S. ‘don’t’ attack Israel. 

‘And my message to any state or any other hostile actor thinking about attacking Israel remains the same as it was a week ago: Don’t. Don’t. Don’t,’ he said. 

War continued despite the warning, including from Iranian proxies against Israel. 

This year, Biden doubled down on his warning of ‘don’t’ aimed at Iran. When asked by reporters about Iran’s expectation to attack Israel in April, he said his message to Tehran is: ‘Don’t.’ 

‘We are devoted to the defense of Israel. We will support Israel. We will help defend Israel and Iran will not succeed,’ he added. 

Again in August, Biden warned Iran against attacking Israel with the one-word threat.  

Biden’s common response to deter foreign adversaries from attacking Israel is viewed as a failed policy, with conservative security experts and others slamming the message as weak. 

‘The Administration keeps saying ‘don’t’ to Iran – but then does nothing to impose costs. This weakness means the risk from Iran continues to grow,’ former Secretary of State Mike Pompeo tweeted in August. 

‘Well, he said, ‘Don’t’ multiple times, and ‘Don’t’ isn’t a national security policy,’ Pompeo added later this year in a comment to Fox News. ‘It’s not even a deterrent.

‘So much for President Biden telling bad guys ‘Don’t’ actually being an effective deterrent. Every time he says ’Don’t,’ they do,’ Sen. Lindsey Graham, R-S.C., wrote in a post in April, after Iran launched more than 300 missiles and drones at Israel. 

‘Biden’s approach with Iran and the Middle East is backwards,’ Rep. Nancy Mace, R-S.C. wrote on X. ‘Now as we risk entering WWIII, the US must stand by Israel’s commitment to democracy. The president must stand firm, and stop coddling Iran immediately.’

‘I guess Biden’s speechwriters have him down to one word now. At least he can remember it. Worse when referring to the hospital carnage he calls Hamas the other team,’ Fox News’ Greg Gutfeld quipped after the war in Israel broke out last year, mocking Biden’s use of the word ‘don’t.’ 

Trump had campaigned on ending the wars in both Ukraine and Israel, both of which began under the Biden administration, and claimed that neither war would have been launched if he had been president. 

‘The Ukraine situation is so horrible, the Israeli situation is so horrible. We are going to get them solved very fast,’ Trump said on the campaign trail in January. 

Israeli officials celebrated Trump’s tough stance against terrorists in the Middle East and his demand for hostages to be released by next month. 

‘Thank you and bless you Mr. President-elect,’ President Isaac Herzog of Israel said in a post on social media. ‘We all pray for the moment we see our sisters and brothers back home!’

The nation’s finance minister, Bezalel Smotrich, added: ‘How refreshing it is to hear clear and morally sound statements that do not create a false equivalence or call for addressing ‘both sides.’ This is the way to bring back the hostages: by increasing the pressure and the costs for Hamas and its supporters, and defeating them, rather than giving in to their absurd demands.’

Trump will be inaugurated as the nation’s 47th president on Jan. 20, with his team celebrating that he’s already following through on his campaign promises. 

‘President Trump is working towards international peace. In anticipation of the incoming Trump administration, Iran has called off its reprisal attack on Israel and negotiations to end the war in Gaza and Russia’s war in Ukraine have accelerated. One former NATO Supreme Allied Commander says America’s enemies are ‘concerned, they’re nervous – [and] they ought to be,” the Trump War Room said in an email this week, titled, ‘Promises Kept – And President Trump Hasn’t Even Been Inaugurated Yet.’

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As June’s Pride Month festivities were nearing a conclusion, Tractor Supply released a statement that put LGBTQ+ rights proponents on alert.

The farm-focused retailer said it would stop sponsoring events such as pride celebrations and eliminate roles tied to diversity initiatives. Also on its list of actions: Tractor Supply would no longer submit data to the LGBTQ+ group Human Rights Campaign for its annual Corporate Equality Index.

With that move, Tractor Supply became the first domino to fall as companies began pulling out of the Corporate Equality Index. In the following months, businesses ranging from Ford to Lowe’s also announced they would stop submitting data for the index, a two-decade-old benchmark widely considered a gold standard for evaluating companies’ policies and benefits for LGBTQ+ employees.

The latest came on Nov. 25, when Walmart — the largest retailer and private employer in the U.S. — said it would stop sharing data with the HRC. Walmart said it had conversations with Robby Starbuck, the director-turned-conservative activist, ahead of its announcement.

Starbuck has been a public advocate for this shift, launching campaigns centered on companies he believes have run afoul with corporate diversity work. He told CNBC in an interview that he is ramping up these actions and would be homing in on retailers for the holiday season.

While Starbuck has targeted DEI initiatives more broadly, not just LGBTQ+ policies, the Human Rights Campaign has found its index at the center of a politically charged battle. The shift also pushed some allied groups and LGBTQ+-identifying consumers to speak out.

For Tractor Supply and some others, it marked a staunch turn in policy. Just two years ago, the retailer had boasted publicly that it earned a top rating from the HRC. On that same day in 2022, Molson Coors published a press release stating it had received a perfect score for the 19th straight year.

CNBC reached out to every company mentioned in this article; each company either did not provide further comment beyond public statements or did not respond to requests for details on what drove the changes.

“We’re very proud and honored to be recognized by the HRC with a 100 percent ranking for our LGBTQ workplace equality practices and policies,” Dave Osswald, chief people and diversity officer for Molson subsidiary MillerCoors, said in the 2022 release. “No matter the recognition though, we know we can never stop working to ensure a welcoming and inclusive environment.”

In the past two years, experts say, the rising concern around how the federal judiciary could rule on cases tied to diversity work has pushed companies to rethink related internal policies. Continued pressure from right-wing activists to do away with initiatives such as supplier quotas and carbon goals has turned up the heat, they said. 

The tide change among some of America’s most well-known brands on this index is the latest instance of white-collar diversity efforts becoming a political flashpoint. Multiple business professors told CNBC that it adds to a broader picture of corporate America backtracking on this work less than half a decade after the numerous promises made in the wake of George Floyd’s murder.

“These companies that are making these really public statements, like Lowe’s or Ford Motor companies of the world, are really making an unforced error,” said New York University Law professor Kenji Yoshino.

For several companies, withdrawal from participation in the index comes after years of involvement and previous promotion of their scores.

Take Jack Daniel’s parent Brown-Forman, which said in August that it would no longer submit data for the index — four months after being named in Forbes’ “2024 America’s Best Employers for Diversity” list.

The company mentioned that it earned a 100% score for 12 straight years in its 2023 annual report. Brown-Forman also created in 2022 an initiative aimed at increasing the number of salaried employees in the U.S. who identify as LGBTQ+.

Ford, meanwhile, said in a leaked internal memo to employees in August that it would stop participating in the index and other best workplace rankings. Ford published a press release in 2017 centered on its perfect rating, and touted it was the first automaker to receive a 100% score — an achievement the Detroit-based company maintained every year since 2004.

“Ford remains committed to supporting diversity and inclusion because we believe it makes our company stronger,” Meeta Huggins, Ford’s then-chief diversity officer, said in the 2017 statement.

Lowe’s, too, said in August that it would end participation in the index’s survey, along with sponsorships for community events such as parades and fairs. Three years ago, the home improvement retailer posted on its LinkedIn page that it earned a 100% score for the second straight year.

“Lowe’s dedication to diversity and inclusion grows from the steadfast values of our associates and extends to every corner of our company,” the company said in the post.

Walmart leadership also once applauded its place atop the HRC’s ranking. Human resources chief Donna Morris posted on X in 2022 that she was “proud” of the Arkansas-based company for its recognition as a top workplace for the sixth straight year.

Harley-Davidson and Toyota are also on the growing list of companies declining to provide data for the ranking system going forward.

The HRC’s index, which launched in 2002, rates companies on factors such as the equitability of their benefits and their corporate social responsibility efforts. In addition to a survey sent to companies, the HRC also reviews tax filings, legal cases and news reports when evaluating firms.

Business and law experts don’t point to one silver bullet that catalyzed this change in sentiment. Instead, they see both rising political pressure and legal concerns at play.

First, right-wing pressure online has become increasingly hard to ignore, said Stephanie Creary, an assistant professor at the University of Pennsylvania’s Wharton School. Public shaming of companies for their diversity practices was happening long before Starbuck began pressing the issue, Creary said.

“This has become politicized,” Creary said. “It was not a tool, either way, that was leveraged by people running for office in quite the way that it is now.”

Creary said the internet gives people who don’t support LGBTQ+ rights easy access through the index to businesses that they may want to protest against. This backlash has turned what was once seen as a “reputation enhancer” into something that a handful of companies no longer view as worth touching, she said.

NYU’s Yoshino said recent legal rulings and cases have already put companies, universities and other organizations on edge.

Yoshino pointed specifically to the Supreme Court’s ruling on affirmative action in June 2023, which ruled that policies at Harvard University and the University of North Carolina that gave weight to a would-be student’s race are unconstitutional. The court’s majority opinion said the schools’ affirmative action programs “unavoidably employ race in a negative manner, involve racial stereotyping, and lack meaningful end points.”

“The Supreme Court gave us such a clear window into how it was thinking about race and discrimination in that case,” Yoshino said. “It’s only a matter of time before that way of thinking will trickle over into statutes that do affect the private sector.”

However, he said, “There’s no universe in which giving your data with regard to the number of LGBT people within your ranks, or your support for LGBT rights, or your inclusion of LGBT individuals is going to run afoul of the law.”

Ultimately, this plays into a bigger trend of companies backtracking on diversity promises made after Floyd’s murder by a police officer galvanized racial equity efforts in 2020, said Adina Sterling, an associate professor at Columbia Business School.

When companies pull out of the index or walk back other diversity efforts, it suggests that they were never genuinely interested in the work to begin with, Sterling said. Rather, many corporations were only trying to win goodwill in a moment when diversity was considered a favorable topic in corporate America, she said.

“It’s almost like a rubber band: Organizations frequently will snap back into the state that they were in previously,” Sterling said. “I wish it weren’t that way, and I don’t think it has to be that way.”

While some companies have tried to frame their statements as unrelated to Starbuck’s activism, he told CNBC there are typically conversations between him and executives after he begins researching their businesses.

Companies have responded to Starbuck’s campaigns and general pressure around corporate diversity programs in different ways. Some, including Tractor Supply and Harley-Davidson, released public statements. Ford, on the other hand, sent an internal memo to employees that was obtained and shared online by Starbuck. Several companies have pointed out that they were already in the process of rejiggering their diversity efforts before Starbuck began applying public pressure.

Starbuck started with an emphasis on companies, such as Tractor Supply, that have mainly conservative-leaning customers, but he is broadening his focus. He also hopes to hire more researchers to investigate employee claims. Starbuck said his team initially “stopped counting” after receiving 5,000 complaints from whistleblowers within companies who believe their employers have gone too far on diversity efforts.

Starbuck said he felt inclined to do this work because he believes certain corporate diversity policies have become “blatantly illegal and violates our existing civil rights laws.” Starbuck said he doesn’t argue against the validity of laws ensuring equal protection of employees from marginalized backgrounds, but he said some companies’ current initiatives have created instances of what he sees as discrimination against white people.

“If you’re a public company and you’re expected to serve everybody, you’ve got to fundamentally operate differently,” Starbuck said in an interview. “I think we’ve just veered far off course.”

Starbuck said he sees the incoming Trump administration doing “a lot of good” on this front.

The HRC and other groups are fighting back against what they see as a public disregard for LGBTQ+ issues. The group has pointed repeatedly to data showing consumers were more likely to support businesses that affirmed this community. Four out of five LGBTQ+ consumers, the group said, are opting to boycott companies that are rolling back initiatives. More than half will urge others to do so also.

It’s a group that makes a sizable contribution to the American economy. Data from LGBT Capital clocked purchasing power from the community in the U.S. at $1.4 trillion annually. That’s roughly equivalent to the entire gross domestic products of Mexico and Spain, according to Worldometer.

“Consumers are two times more likely to want to buy from brands that support the community,” HRC President Kelley Robinson told CNBC in an on-air interview. “This is, bottom line, the best thing to do for businesses, and that’s why I think that we’re seeing so much energy from employees, from consumers and from shareholders starting to push back on these decisions.”

Robinson told CNBC that companies withdrawing their participation would have their scores slashed as a result. Prior to Walmart’s announcement, each company saw a 25-point deduction on their scores, out of 100. The HRC confirmed to CNBC that Walmart’s score is currently under review.

She also emphasized that corporations can be rated regardless of whether they submit data. Additionally, the HRC has been quick to point out that overall participation in the index is rising. The HRC was joined by several other civil rights groups on a co-written letter to Fortune 1,000 companies calling on them to recommit to diversity, equity and inclusion, or DEI, efforts.

“These capitulations weaken businesses and the American economy more broadly,” said the letter from HRC and more than a dozen organizations, including the NAACP and UnidosUS. “These shortsighted decisions make our workplaces less safe and less inclusive for hard-working Americans.”

Several dozen Democrats in Congress also wrote a letter to Fortune 1,000 businesses asking them to embrace DEI. This letter did not explicitly name the HRC index, but an accompanying press release clarified that it was written in response to companies “succumbing to a conservative media campaign.”

Starbuck, on the other hand, said his work has made “companies acutely aware that the HRC is not the powerful influencer that they believed they were.” He said in a post on X that the changes at Walmart specifically were his “biggest win yet” and should send “shockwaves throughout corporate America.” Starbuck also recently shared a meme of a grim reaper walking up to doors with the names of companies deemed “woke” on them.

Still, some smaller organizations and individuals have thrown their support to the HRC. After Tractor Supply’s June announcement, the Tennessee Pride Chamber removed the company as a member. Tractor Supply was nominated for the organization’s corporate partner of the year award in 2024 and had been slated to sponsor a networking event for the group the following month.

“These are not partisan issues, but a matter of human rights and sustainable business practice,” the Tennessee Pride Chamber said in a press release.

Tennessee Pride had just a few hours’ notice from a contact within Tractor Supply that the company’s statement was coming, according to executive director Stephanie Mahnke. She said she had previously been made aware by Tractor Supply representatives that there were some safety concerns tied to the event they were hosting, so they were preparing to enhance security.

“We were completely caught off guard,” Mahnke said.

After, Mahnke said other companies quickly stepped up to fill the void left by Tractor Supply in running the July event. In conversations, Tennessee Pride members still appear committed to the organization and its values — with the caveat they are being quieter around DEI issues, given the environment, she said.

For former Tractor Supply customer Ashe Taylor-Austin, the retailer’s announcement pushed them to look elsewhere when purchasing supplies for their horse. Taylor-Austin said they were grateful to have alternatives, knowing LGBTQ+ shoppers in more rural areas likely wouldn’t. 

“When we got the news about Tractor Supply, I immediately started shopping around,” said Taylor-Austin, who switched to buying from a small business. “Once you do that and you show, I guess, who you are, then I believe it.”

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The penultimate College Football Playoff rankings will show how race for the 12-team field has solidified heading into conference championship weekend.

Eight spots are spoken for regardless of what happens Friday and Saturday. A ninth will be taken by the Group of Five, with Boise State favored to grab that spot by beating UNLV in the Mountain West title game.

The one game that could shake things up is in the ACC. Teams looking for a backdoor path into the playoff, such as Alabama, will be rooting for SMU to beat Clemson and ensure the ACC gets only one team in the field.

Two other teams to watch are Ohio State and Miami. Both will tumble down the rankings after losing on Saturday, though the Buckeyes are still set for an at-large playoff bid. The same can’t be said of the Hurricanes.

Where those teams fall on Tuesday night is one of several key questions set to define the latest playoff rankings:

Where will Ohio State land?

The Buckeyes came in behind SMU and Tennessee in the US LBM Coaches Poll, but the playoff selection committee will likely take a kinder view of the Buckeyes. That’s because of the wins against Penn State and Indiana, a one-two combo the committee has looked at very favorably throughout this year’s ranking process. Thanks to those wins, Ohio State may even drop just four spots on Tuesday night and come in ahead of both the Mustangs and Volunteers.

How far will Miami drop?

The Hurricanes’ fall will be much more severe. Ranked No. 6 before Saturday’s loss to Syracuse, Miami is expected to drop out of the top 12 and come in behind the three-loss SEC teams in Alabama, Mississippi and South Carolina. Two losses in the last three games and no wins against ranked teams are the primary culprits for this drop in the rankings. The Hurricanes’ playoff chances are essentially nonexistent unless the committee pulls a surprise.

BOWL PROJECTIONS: Alabama back into the playoff as Texas, SMU rise

RE-RANK: Texas moves up, Ohio State tumbles in NCAA 1-134 ranking

Will the ACC be a one-bid league?

The best-case scenario for the ACC was to have a pair of one-loss teams meet for the conference title, with the winner earning a first-round bye and the loser still landing an at-large berth. Miami’s loss doesn’t necessarily mean this is a one-bid league, though it does increase those odds. If Clemson wins, look for the Tigers to be No. 12 in the final rankings and the Pac-12 champion to step in as one of the four seeds. SMU would still be in good shape at 11-2, though where the Mustangs rank on Tuesday night will help determine whether they can survive a loss to the Tigers.

Who can we say is already in?

Eight teams can make travel plans for the playoff. Four are in the Big Ten: Oregon, Penn State, Ohio State and Indiana. The winner of the Big Ten championship game between the Ducks and Nittany Lions will earn a first-round bye. The Buckeyes are in line to play at home in the opening round, though that could be complicated by a Penn State win. Oregon falling into at-large territory could drop the Buckeyes a spot in the rankings and send them on the road.

Notre Dame is also set for the playoff. The Irish head into the postseason on a 10-game winning streak and are playing the program’s best football of the Marcus Freeman era. The remaining three playoff locks come from the SEC. Both Texas and Georgia are in the field heading into the conference title game. Tennessee beat Vanderbilt to end the regular season with two losses.

Is the American Athletic out of luck?

The answer to this comes down to where UNLV lands in the rankings compared to Army, if Army even moves back into the rankings after being ejected following the loss to Notre Dame. The Rebels were No. 22 last week and should stay around that area, maybe even inching up a spot or two after scoring the second 10-win season in program history.

Tulane’s loss to Memphis was bad news for the American. That loss will dump out the Green Wave, No. 17 in last week’s rankings, and create a scenario where the Mountain West champion is the Group of Five representative in the playoff. If UNLV stays around No. 20 and beats the Broncos, there’s almost no way Army would make up all that ground with a win against unranked Tulane.

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The Cleveland Cavaliers, the team with the best record in the Eastern Conference, will not have a chance to win the NBA Cup. They have been eliminated from contention. The defending champion Boston Celtics might not advance to the quarterfinals either, and the Oklahoma City Thunder, atop the Western Conference, may be left out, too.

However, the 11-11 Atlanta Hawks advanced to the quarterfinals, and the 11-9 San Antonio Spurs, 9-13 Detroit Pistons and 10-9 Milwaukee Bucks are in position to advance, too. Even the 8-13 Portland Trail Blazers have a chance to advance as the wild card from the West, though the Blazers need help from other teams.

That is in part what the NBA wanted with the in-season tournament: to create another prize especially one that might not necessarily be won by the best team in the league – as was the case last season when the Los Angeles Lakers won the NBA Cup.

Here’s what to know about the final day of group play Tuesday in the NBA Cup:

East Group A

The winner of New York-Orlando, both 3-0 in group play, wins the group and advances to the quarterfinals, and the Magic can also advance as the wild card on point differential based on results from other East games. The Magic have an East-best plus-60 point differential, so they’re in good position to advance with a loss. The Knicks are eliminated with a loss because even at 3-1, they are assured to lose a tiebreaker against Boston.

East Group B

The winner of Milwaukee-Detroit, also both 3-0 in group play, finishes first in the group and advances, and the loser also has a chance to advance as a wild card on point differential, depending on the outcome of Magic-Knicks and the margin of victory if the Knicks win. The Bucks are plus-29, and the Pistons are plus-28 in point differential.

East Group C

The Atlanta Hawks (3-1 in NBA Cup play) clinched the group via head-to-head tiebreaker against Boston, which also finished 3-1. The Celtics, plus-23 in point differential, have a chance to qualify for the quarterfinals as a wild card. Their best chance: The Magic beat the Knicks and the margin in the Bucks-Pistons game is at least six points in a Bucks victory and at least seven points in a Piston victory.

West Group A

The Houston Rockets have clinched the group and can finish 4-0 with a victory against the Sacramento Kings. Portland has an outside chance, but it’s going to take multiple favorable outcomes for the Blazers to advance as a wild card. First, they need to beat the Los Angeles Clippers and they need to do so by a significant margin because they are minus-5 in point differential. If the Clippers win, they also have a remote chance to advance.

West Group B

This is the most interesting group to watch Tuesday: San Antonio, Oklahoma City and Phoenix, all 2-1, have a shot to win the group. If the Spurs beat the Suns, the Spurs (plus-14 in point differential) win the group. If the Thunder beat Utah, and the Spurs lose to the Suns, the Thunder (plus-18 in point differential) win the group. The Suns (plus-19 in point differential) can with the group with a victory against the Spurs and a Thunder loss. If one of those teams finishes 3-1 but doesn’t win the group, it still has a chance to qualify for the quarterfinals as a wild card. But it will need to win big to overcome Dallas in point differential if the Mavericks beat the Memphis Grizzlies.

West Group C

Golden State has won the group and can finish 4-0 with a victory at Denver. Dallas (2-1) is in the driver’s seat for the wild card with its plus-41 point differential. The Mavericks finish group play against Memphis at home, and they will be closely watching the results of the West Group B games with an eye on the margin of their game against the Grizzlies. A win puts the Mavs in great position to advance, and a loss puts them in a tougher spot. The Nuggets and Grizzlies can also advance with victories and with tiebreakers that work in their favor.

Tuesday’s NBA Cup games, with times, TV info

Milwaukee at Detroit, 7 p.m. ET, League Pass

Washington at Cleveland, 7 p.m. ET, League Pass

Philadelphia at Charlotte, 7 p.m. ET, League Pass

Indiana at Toronto, 7:30 p.m. ET, League Pass

Orlando at New York, 7:30 p.m. ET, TNT

Utah at Oklahoma City, 8 p.m. ET, League Pass

Memphis at Dallas, 8:30 p.m. ET, League Pass

San Antonio at Phoenix, 9 p.m. ET, League Pass

Houston at Sacramento, 10 p.m. ET, League Pass

Golden State at Denver, 10 p.m. ET, TNT

Portland at Los Angeles Clippers, 10:30 p.m., League Pass

What are the NBA Cup standings?

Here are the NBA Cup standings headed into Tuesday’s games:

When are the NBA Cup knockout round games?

Here is the knockout round schedule:

Quarterfinals: Dec. 10 and Dec. 11 in home markets

Semifinals: Dec. 14, 4:30 p.m. ET, TNT and 8:30 p.m. ET, ABC in Las Vegas

Final: Dec. 17, 8:30 p.m., ABC in Las Vegas

The USA TODAY app gets you to the heart of the news — fast.Download for award-winning coverage, crosswords, audio storytelling, the eNewspaper and more.

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Florida Atlantic has hired former Texas Tech offensive coordinator Zach Kittley as its new head football coach, making the 33-year-old the youngest FBS coach in the nation.

During his brief career as an assistant, Kittley has helped guide some of college football’s most prolific offenses, working with quarterbacks such as Patrick Mahomes and Bailey Zappe.

‘I am thrilled at this opportunity to be the head coach at Florida Atlantic,’ Kittley said in a statement as the school announced his hiring on Monday. ‘I know we can win here, and we have tremendous leadership from the top down to create a championship program.’

FAU fired coach Tom Herman on Nov. 18 after an 0-6 start to AAC play. The Owls finished the season with a 3-9 record.

Who is Zach Kittley?

Kittley is a protege of former Texas Tech coach and current Washington Commanders offensive coordinator Kliff Kingsbury.

He served in several roles under Kingsbury from 2013-17, working his way up to assistant quarterbacks coach while overlapping with Patrick Mahomes’ college career in Lubbock. From there, Kittley took over as offensive coordinator at FCS program Houston Christian.

Before returning to Texas Tech in 2022, he served one year as OC at Western Kentucky, where the Hilltoppers had the No. 1 passing offense in the nation. Under Kittley’s guidance, quarterback Bailey Zappe set FBS single-season records with 5,967 passing yards and 62 passing touchdowns.

This season at Texas Tech, the Red Raiders are ranked 10th in the nation in total offense at 459.8 yards per game and eighth in scoring at 38.6 points per game. 

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We all wanted a white knuckle ride, this chaos-fueled November that funneled into a 12-team playoff that changed college football forever. 

But there’s a teeny-weeny problem: there is no consequence for chaos. 

We’ve expanded the College Football Playoff, but haven’t expanded the consequences of losing.

You can’t move the slide on the slide rule without correspondingly moving the cursor. 

“Our full focus is on the College Football Playoff and making a strong run,” Ohio State athletic director Ross Bjork told the Columbus Dispatch on Monday, a vote of confidence of sorts for beleaguered coach Ryan Day.

A statement that, intended or not, underscored the absurdity of a lack of CFP consequences for losing late.  

Bjork’s statement came two days after the Buckeyes lost to unranked Michigan at home, after a second loss for the team that spent $41 million this offseason to win that game, and win the national title. 

But Ohio State can still win the national title, and that’s the problem. There’s no consequence for chaos. And it’s not just the Buckeyes, it’s the new normal in college football. 

Ohio State lost at home to six-win Michigan, won’t play in the Big Ten championship game — and will likely host a College Football Playoff game.

Clemson lost at home to South Carolina last weekend, and though it wasn’t a conference game, a Tigers team that has lost twice in November can still advance to the playoff by beating SMU in the ACC championship game.

Alabama lost its third game of the season two weeks ago – this time by 21 to an Oklahoma team with one SEC win – and only had to beat pitiful Auburn to find a way back. 

Tennessee got drilled by Georgia, and only needed to beat Texas-El Paso and Vanderbilt to back door into the CFP — and possibly host a game.

BOWL PROJECTIONS: Alabama back into the playoff as Texas, SMU rise

RE-RANK: Texas moves up, Ohio State tumbles in NCAA 1-134 ranking

The only team that (apparently) is dealing with the consequences of a November meltdown is Ole Miss, which lost at Florida as a double-digit favorite and has now been reduced to coach Lane Kiffin reposting fan arguments (you say arguments, I say rationalizations) on X — and tagging the CFP selection committee. 

Lane, babe, if you don’t know it by now, that 13-member committee isn’t exactly playing by a clearly defined set of parameters. Logic hasn’t been invited to the party.

“I don’t think (the selection committee) says, well, this is better than that,” said Georgia coach Kirby Smart, whose team lost by 18 at Ole Miss in November, and still advanced to the SEC championship game after others in the league kept losing. “They just say this record’s better than that. That’s the most simple way to do it. It’s not necessarily the 12 best.”

Translation: that “slotting” process of media and coaches polls that the CFP was designed to eliminate won’t die off. Meet the new boss, same as the old boss — only worse. 

These 13 voters actually watch the games, and are then intimidated (you say steered, I say intimidated) by the four former coaches in the room, who clearly believe winning games supersedes all. Until it doesn’t. 

Until an 11-win season of beating the worst teams in the Big Ten and avoiding those with a pulse isn’t derailed by showing up in Columbus, Ohio, and losing by 23. 

The same place Michigan, with a walk-on quarterback and passing game that netted 62 yards, strolled into and won a November game to remember. 

But Indiana has 11 wins, so it must be good. The loss to Ohio State is merely a blip on the radar, not a clear indicator of a team with a fortunate path to the playoff.

Next we’re going to hear that SMU — which has rolled through an Indiana schedule in the ACC — deserves a spot in the playoff win or lose in the conference championship game. Of the top six teams behind SMU in the ACC standings, the Mustangs have played two (34-27 win over Louisville, 28-27 over Duke), and avoided playing four (Clemson, Miami, Syracuse, Georgia Tech).

A loss in the ACC championship game to Clemson, which has lost twice in November, should be disqualifying.  

You can’t expand the CFP without expanding the consequences of losing.

You can’t say Colorado’s loss to Kansas is worse than Alabama’s loss to Oklahoma — especially since wins and losses has been the backbone of the voting process since the first playoff ranking in November.

“They place (teams) based on a column,’ Smart said. ‘A column of wins and a column of losses.”

And November losses, apparently, mean nothing.

Matt Hayes is the senior national college football writer for USA TODAY Sports Network. Follow him on X at @MattHayesCFB.

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President Biden enjoyed a warm welcome from a crowd of thousands as he arrived in Angola this week, as the president made good on his long awaited first visit to sub-Saharan Africa.

Biden, likely on his last overseas trip before President-elect Donald Trump takes over in the White House next month, is already being overshadowed on the world stage by his predecessor and successor.

‘The Oval Office has been replaced by Mar-a-Lago,’ Matthew Bartlett, a Republican strategist who served at the State Department during Trump’s first term, told Fox News.

Additionally, Matt Mowers, a veteran GOP national public affairs strategist and former diplomat at the State Department during Trump’s first administration, made the case that ‘Joe Biden’s essentially been a lame duck’ for months and that ‘world leaders have been shifting their gaze to the next administration.’

Wayne Lesperance, a veteran political scientist and president of New England College, highlighted that ‘while President-elect is still weeks away from taking the oath of office, loyalties and the attention of world leaders has shifted to the incoming President and from Washington to Mar-a-lago with breathtaking speed.’

While members of the Biden White House would likely disagree with such sentiments – especially after the current administration played a large role in hammering out the cease-fire that halted fighting in Lebanon between Israel and Hezbollah – it is undeniable that world leaders have already started to engage directly with the incoming president and administration.

Trump will meet with French President Emmanuel Macron after the French president invited him to attend Saturday’s star-studded VIP event for the official reopening of the newly restored Notre Dame Cathedral, five years after a devastating fire wrecked the Paris landmark.

The president-elect’s appearance will serve as Trump’s unofficial return to the global stage, and it is another reminder that he is quickly becoming the center of the world’s attention.

The trip to Paris comes a week after Canadian Prime Minister Justin Trudeau hastily made an unannounced stop in Mar-a-Lago to dine with Trump after the president-elect threatened a trade war with Canada and Mexico. 

Trump argued that Canada had failed to prevent large amounts of drugs and undocumented people from crossing the northern border into the U.S. and also pointed to America’s massive trade deficit with Canada.

According to reporting from Fox News’ Bret Baier, Trump suggested to Trudeau that Canada could become the 51st state.

Trump also weighed in this week in the volatile Middle East, warning in a social media post that there would be ‘ALL HELL TO PAY’ if Hamas does not release all the hostages held in Gaza before he is inaugurated on Jan. 20.

Hours later, Trump pledged to block the purchase of U.S. Steel – a top American manufacturer – by the Japanese company Nippon Steel.

‘I am totally against the once great and powerful U.S. Steel being bought by a foreign company, in this case Nippon Steel of Japan,’ Trump said on social media. ‘As President, I will block this deal from happening.’

Trump, who reiterated comments he made earlier this year on the presidential campaign trail, is on the same page as Biden, who has vowed that U.S. Steel will remain American-owned.

Biden’s trip to Africa is putting a spotlight on his administration’s commitment to the continent, which has increasingly been courted by massive investments from China. Biden is also highlighting America’s wide-ranging effort to combat HIV/AIDS in Africa, a continent Trump never visited during his first term in the White House.

However, the president’s trip will be overshadowed by Trump’s upcoming stop in France, as the president-elect is increasingly courted by world leaders.

While the spotlight traditionally shifts from the outgoing to the incoming president, Mowers argued that ‘it is more pronounced this time because the difference in the Biden and Trump approach to foreign policy is so different.’

Mowers emphasized that Trump is already aiming ‘to shape world events’ by ‘being bold, not timid, in the statements he’s putting out, and the world is already reacting to that kind of American strength.’

Bartlett noted that ‘the world is demanding leadership.’ Mowers added that ‘world leaders that want to get something done… have to engage with Trump.’

Lesperance, pointing to Biden’s swing through Africa, noted that lame duck presidents’ final weeks are ‘usually filled with celebratory moments and efforts to cement one’s legacy. Often the focus is on their role on the world stage on behalf of America and its allies.’

However, he argued that ‘Biden’s pronouncements on Ukraine, Gaza and the importance of climate change go largely ignored by world leaders. Instead, they focus on Trump’s picks for his foreign policy team and pronouncements about changes in U.S. foreign policy position. It’s pretty evident that while Biden attempts a victory tour, the world has turned the page.’

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