Federal magistrate judge denies Cliven Bundy release pending trial; faces 6 criminal counts

This composite image shows: Cliven Bundy during a video interview in January 2016 with St. George News, St. George News Studio, St. George, Utah, Jan. 29, 2016 ; emblem of the United States District Court, District of Nevada | Image composite and photo by St. George News

PORTLAND, Ore. (AP) — Nevada rancher Cliven Bundy, who came to Oregon to support the armed occupation of a national wildlife preserve led by his sons, will remain in jail pending trial after prosecutors called him “lawless and violent.”

U.S. Magistrate Judge Janice Stewart said Tuesday that Cliven Bundy should not be released ahead of trial because there is a risk he won’t show up for future court dates. “If he is released and he goes back to his ranch, that is likely the last the government will see of him,” Stewart said.

Bundy, 69, was arrested in Portland last week on charges stemming from a 2014 armed standoff with federal officials who were rounding up his cattle over unpaid grazing fees.


See the criminal complaint filed by U.S. Attorney Daniel G. Bogden in the U.S. District Court, District of Nevada, Feb. 11, charging Cliven Bundy with six counts (enumerated below) here: 20160211 Criminal Complaint – USA v Cliven Bundy


Cliven Bundy came to Oregon to support a weekslong occupation at Malheur National Wildlife Refuge, which his sons, Ammon and Ryan Bundy, launched Jan. 2 to demand the federal government turn over public lands to local control.

His sons were arrested Jan. 26 and remain in jail, but four holdouts extended the occupation until Thursday, when they surrendered.

This Wednesday, Feb. 10, 2016, booking photo provided by the Multnomah County, Ore., Sheriff''s office shows Nevada rancher Cliven Bundy. Bundy, the father of the jailed leader of the Oregon refuge occupation, and who was the center of a standoff with federal officials in Nevada in 2014, was arrested in Portland, Oregon, the FBI said Thursday, Feb. 11, 2016 | Photo courtesy of Multnomah County, Oregon, Sheriff''s office via AP, St. George News
This Feb. 10, 2016, booking photo provided by the Multnomah County, Ore., Sheriff”s office shows Nevada rancher Cliven Bundy. Bundy, the father of the jailed leader of the Oregon refuge occupation, and who was the center of a standoff with federal officials in Nevada in 2014, was arrested in Portland, Oregon, the FBI said Thursday, Feb. 11, 2016 | Photo courtesy of Multnomah County, Oregon, Sheriff”s office via AP, St. George News

The elder Bundy was not charged in connection with the Oregon occupation. All his charges stem from the 2014 Nevada standoff: conspiracy, assault on a federal officer, obstruction, weapon use and possession, extortion to interfere with commerce, and aiding and abetting.

Cliven Bundy’s attorney, Noel Grefenson, said his client could not be a danger if authorities waited to charge him for 22 months. The judge dismissed that argument and set his next hearing for Friday.

Cliven Bundy said nothing in court. He sat for much of the short hearing with his arms folded across his chest, occasionally swiveling in his chair to gaze sternly at spectators in a courtroom filled to capacity.

A family member said the patriarch isn’t dangerous or a criminal and should be released to his home.

“Cliven believes in the proper role of government and proper jurisdiction. Where’s the jurisdiction?” daughter-in-law Briana Bundy told The Associated Press by telephone from Bunkerville, Nevada.

“He’s not a flight risk. This is his home. This is where his livelihood is,” she said.

Cliven Bundy is accused of unlawfully directing more than 200 followers to stop federal agents and contract cowboys who were trying to enforce a court order to round up about 400 of his cattle two years ago.

“Witnesses have described the level of threatened violence as so intense that something as innocent as the backfire of (a) vehicle, or someone lighting a firecracker, would have set off a firefight,” according to a 34-page document filed by prosecutors Tuesday.

They called him “lawless and violent” and say that Cliven Bundy and his followers set up traffic checkpoints on public roads and followed and intimidated federal officials trying to conduct plant surveys.

Neither the Constitution nor any other law “gives anyone the right to use or carry, let alone brandish, raise or point, a firearm” at federal law enforcers performing official duties, “whether one thinks the officer is acting constitutionally or not,” prosecutors wrote.

To diffuse the standoff, the government released the cows.

Federal authorities have said Cliven Bundy owes more than $1 million in fees and penalties for letting cows graze illegally for decades on public land near his ranch.

If convicted of all six charges, he could spend the rest of his life in federal prison.

Ritter reported from Las Vegas.

Copyright 2016 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Resources

  • 20160211 Criminal Complaint – USA v Cliven Bundy
  • Criminal complaint (above), filed Feb. 11 in U.S. District Court, District of Nevada, includes six counts against Cliven Bundy as follows:
    • Count 1 – Conspiracy to Commit An Offense Against the United States
    • Count 2 – Assault on a Federal Officer By Use of Deadly and Dangerous Weapon & Aiding and Abetting
    • Count 3 – Use and Carry of a Firearm in Relation to a Crime of Violence & Aiding and Abetting
    • Count 4 – Interference with Commerce by Extortion & Aiding and Abetting
    • Count 5 – Use and Carry of a Firearm in Relation to a Crime of Violence & Aiding and Abetting
    • Count 6 – Obstruction of the Administration of Justice & Aiding and Abetting

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35 Comments

  • Ron February 17, 2016 at 9:49 am

    The Rev. Al Sharpton owes more than $4.4 million in unpaid income taxes to the federal government.
    When will Sharpton be arrested and charged with failure to pay taxes? You or I couldn’t get away with not paying federal income taxes.
    What Sharpton has done is also considered a crime. Why does he get a pass?

    • .... February 17, 2016 at 2:26 pm

      Al Sharpton can do anything he wants as long as the president is the same color he is

    • Rainbow Dash February 17, 2016 at 3:10 pm

      Ron, lets make a few things clear. Here are the charges against Bundy as reported in the article above:

      Count 1 – Conspiracy to Commit An Offense Against the United States
      Count 2 – Assault on a Federal Officer By Use of Deadly and Dangerous Weapon & Aiding and Abetting
      Count 3 – Use and Carry of a Firearm in Relation to a Crime of Violence & Aiding and Abetting
      Count 4 – Interference with Commerce by Extortion & Aiding and Abetting
      Count 5 – Use and Carry of a Firearm in Relation to a Crime of Violence & Aiding and Abetting
      Count 6 – Obstruction of the Administration of Justice & Aiding and Abetting

      Cliven Bundy owes over a million dollars in grazing fees to the federal gov’t because he hasn’t paid his fees in over 20 years (A fee that every rancher who grazes their animals on public land has to pay, btw). None of that is in the charges above. They are charging him with the terroristic acts he and his family very publicly committed in 2014 when the BLM came and tried to recoup some of that.

      • Ron February 18, 2016 at 9:19 am

        Rainbow Hash….do you deny that tax evasion is a crime? Regardless of charges, Sharpton is as big a criminal as Bundy. The amount owed by Sharpton far exceeds the amount owed by Bundy. Both are criminals. Yet you only rage about Bundy. You show your true “Rainbow” colors.

        • Rainbow Dash February 18, 2016 at 5:02 pm

          Ron,
          You seem to have missed the point of my reply so let me make it as clear as I can; neither Bundy nor Sharpton are being charged with Tax evasion.

          Let me be clear, Tax evasion is a crime. If Stgnews did an expose on Sharpton’s alleged Tax evasion scheme ( I say “alleged” because I have yet to read about it anywhere other then the comment sections of sites like Facebook and Youtube ) I would be on here calling for his arrest just as I do Bundy and the his posse of terrorists.

    • Bender February 17, 2016 at 3:44 pm

      Ron, you dropped in on the Bundy news article. Looks like you’re in the wrong place pardner. For the Al Sharpton moan-fest head on over to http://www.glennbeck.com. All your dreams will come true there.

      • Ron February 18, 2016 at 9:28 am

        Bender, I have no interest in Becks web site nor Beck himself. By your comments on Bundy, you seem to be the one having a “moan-fest” over Sharpton. I do not condone Bundy’s actions by any means. I simply point out that Sharpton is as big a criminal as Bundy. But there is no outrage over Sharpton owing more ($4 million) than Bundy ($1 million). Both are thieves, both are criminals. But it seems you are only interested in bashing Bundy. Maybe you should go to Sharptons NAN (National Action Network) website and join the “moan-fest” there for him….I’ll bet you’re even a card-carrying NAN member. Hahaha…..

        • Bender February 18, 2016 at 4:34 pm

          Focus dude. Not talking about a black loony media whore on the East coast here. Subject at hand is a pasty white, pot-bellied illiterate who is collecting like minded followers anxious to commit treason. What else are you jonesing to babble about? Alien abductions, fluoride poisoning and chem-trails?

    • Chris February 17, 2016 at 6:31 pm

      Tax evasion, or more correctly, tax fraud, can result in civil and/or criminal penalties. In most cases, if the IRS deems restitution to be probable, civil penalties alone will more likely be applied. After all, an incarcerated individual is far less likely to pay a tax bill than one left to continue earning outside prison. Considering Sharpton’s earning potential, it is entirely possible, and indeed appropriate, that civil penalties alone would be applied. Details of the case are confidential, and thus, reports in the media are really only speculation. Keep in mind that many high profile people have run afoul of the IRS in the past, including John Wayne and Richard Nixon. Few have served time in prison for their tax bills.

    • voice of reason February 17, 2016 at 7:19 pm

      So according to your logic, if one person breaks a law, than all people should get a pass on breaking that same law? You aren’t very smart, are you?

    • Real Life February 17, 2016 at 11:09 pm

      Ron, Sharpton is a filthy criminal who deserves no better than the worst prison conditions that any man can handle. But he should have a cell mate who is also a criminal who represents the WRONG ideals, and is a HERO to the mislead, which makes him dangerous. That man is Cliven Bundy.

  • Bender February 17, 2016 at 10:07 am

    Cliven Bundy don’t recognize the federal gubmit. Cliven Bundy understands the constitushun he carries in his shirt pocket. Cliven Bundy calls on all free minded ‘Murcans to stand up to the tie-ran-ee. Cliven Bundy wants a blanky and a Pop Tart.

  • anybody home February 17, 2016 at 1:44 pm

    Oregon is not Utah or Nevada.

    I hope the stories coming out now about the condition of the Refuge with open trench latrines and other serious damage will resonate with every state that has a “militia” operating. You don’t want these people anywhere near you. They’re uneducated, violent, uncivilized, lawless, arrogant and unstable. Your state could be next. Take note.

    Far too little attention was paid to the behavior of Cliven Bundy in 2014 and the Oregon problem was the result. I was in St. George in 2014, had just arrived days before from Oregon and was stunned by what happened. Everyone around me just proceeded as if this was normal behavior. It was not. Lawlessness that might have been tolerated in 1850 doesn’t fly in 2016. (It didn’t fly in 2014 either.)

    The Bundys are thugs as the charges against Cliven Bundy now make very clear.

    • observer February 17, 2016 at 7:10 pm

      Cry me a river. Cliven’s case will be moved to the proper jurisdiction soon after Friday prelim. Last day on the bench for Judge Stewart is the following Monday. Judge Mosman is now Chief, Aiken was demoted. Nice to see your new Chief welcoming in your newest immigrants in a court ceremony twice today. Glad they are taking up residence in Oregon. The only people I knew that moved to Oregon did so because it’s cheaper, less civilized, open carry, and they could actually afford the cheap land, because it’s the “go to” state for those with less means.

      The prosecutor readily admits the case is complex and add to it the occupation case with (lost count) defendants each with their own set of defense teams. Boy if there ever was a time for a Public Defender to rise to stardom, it’s now and it’s in Oregon! Can’t wait for all the Motions to start being served on the two US attorneys, which will swamp them, overwhelm their team, and that’s where mistakes, critical court errors are made. Those always come in handy at the right time in a case.

      Plus all evidence presented in Cliven’s prelim exam will be extremely important for the occupation case as well. Especially since the Oregon prosecutors have accused the Bundy brothers of being the masterminds, a “siege” well thought out from the 2014 event. Prosecutors must reveal their hand and especially with all legal across the nation watching, better not hide, conceal, or circumvent any facts.

      Patience, patience, remember in law land this is a chess game.

      • observer February 17, 2016 at 8:54 pm

        P.S. News is reporting 1st occupier files Counter-Claim Complaint.

        True, true in real estate land, when one trespasses, openly occupying the land it’s legally called “hostile adverse possession”. Hostile by the way, has NOTHING to do with GUNS nor a 2nd Amendment. Oregon has an open carry and I found no signs on the Refuge buildings (images online) in a conspicuous place regarding guns. When filing against a governmental agency, I had to first file a Claim with the governmental agency(ies). There is a deadline in filing a Claim. Federal and State will differ.
        https://www.usa.gov/complaint-against-government https://www.usa.gov/complaint-against-government#item-35817

        Even those incarcerated can begin by filing the Claims, and may ask for legal literature by submitting the proper form to the correctional officer and in this high profile case, family should contact the Ombudsman who oversees the facility to insure the inmates rights are being addressed. Another would be to simply print out the material and send to the inmates, making sure it was received via a return letter or phone call. Their respective counsel should be open to help.

        Godspeed! Mr. Finicum: You will never be forgotten and your good works will continue 🙂

        • anybody home February 18, 2016 at 11:32 am

          Yes, indeed a counter claim has been filed by the illiterate Shawna Cox who is suing for $666,666,666,666.66 because of “the devil’s works.” This one has joined the rest to continue to make this gang of thugs the laughing stock not only of Oregon but the rest of the country. If you follow the news beyond your own nose, you know what kind of reputation these yahoos are gaining.

          Everyone knows the Constitutional wingnuts are famous for filing frivolous claims that just tie up court time and resources. We’re ready for it and laughing every day. The claims just get thrown out, of course, because they’re total nonsense – “the devil’s works”…LOL. “My next witness will be Satan.”

          As for Cliven and his gang of four leaders in 2014, the Feds in Nevada have now added 16 MORE charges, the total of which will keep everybody in jail for the rest of their lives. The FBI is moving very carefully with this and these charges will not be thrown out by any hotshot lawyer. You are right – all the world is watching. And we’re glad.

          It’s too bad the St. George News isn’t staying on top of this and posting the news when it comes. You can check it out on either of these sites: http://www.oregonlive.com or http://www.opb.org

          The details are fascinating.

          • observer February 18, 2016 at 4:46 pm

            I checked out oregonlive and it’s stating a protest erupted on the Governor’s steps, major pollution issues, tow truck driver tries to get into pawn shop, domestic violence director resigns, public complained that sheriff Palmer spoke with Bundy (so what!). The newspaper appears to be onesided, biased, and not very investigative.

            The culprit of all your chaos: Oregon Dept of Energy. For folks just checking in, here’s a good read – http://arcweb.sos.state.or.us/doc/recmgmt/sched/special/state/overview/20140006energyadov.pdf

            Might be worth some people’s time to find out names of all the members, public officials that are involved in the decision making of the Oregon Dept. of Energy and subsidiaries.

            It appears that the chaos that ensued in Burns is because the community committees, commissioners, etc real fear is the loss of the “loans” http://arcweb.sos.state.or.us/pages/rules/oars_300/oar_330/330_110.html and the resulting profits from the uranium. Sheriff Ward’s face tells it all – having a hard time with his convictions. God Bless him. Money and greed does that to a good man.

            Not really as much interested as you had hoped about Oregon, it’s ranked 29th in wealth. Burns is the poorest county in Oregon, yet has the most uranium. Appears it’s the only way Oregon will ever amount to anything – selling uranium to Canada and the Russians. Blessings to all those exposed, when the state’s health deteriorates.

        • Bender February 18, 2016 at 12:29 pm

          Observer, you be spouting off in a similar fashion to Kanosh lawyer Todd Macfarlane. I’m trying to understand why Macfarlane, who should know better, would feed the delusions of this gang of nuts. Help me out here “Observer.” Is this an audition for new cable show “Better call Todd” where the protagonist, an ironically capable lawyer, throws in with the riffraff he represents and all sorts of comedy hijinks ensue?

        • Roy J February 18, 2016 at 2:01 pm

          Ah, yes, this one. Beware of the Federal narcissi, a dangerously egotistical variety of daffodil. http://media.oregonlive.com/oregon-standoff/other/2016/02/17/shawnacoxclaimcounter.pdf

          • Roy J February 18, 2016 at 2:46 pm

            Also, consider the following:
            “CLAIM FOR DAMAGES
            11 I am asking for criminal and civil penalties for the perpetrators that subjected me and
            12 my witnesses to the crimes I have identified herein. I Claim I and the others involved in these
            13 actions have suffered damages from the works of the devil in excess of $666,666,666,666.66 Six
            14 hundred sixty six billion, six hundred sixty six million, six hundred sixty six thousand, six hundred
            15 sixty six dollars and sixty six cents. ” -Shawna Cox, Counter-Complaint

        • Chris February 18, 2016 at 5:52 pm

          Yes, Shawna Cox has filed her “counter claim”, and in doing so, has placed her hilarious illiteracy and legal ignorance on display for all to see. Shawna Cox is considered one of the “smart” ones among the occupiers.

      • Chris February 18, 2016 at 9:52 am

        ” defense teams” ?? That’s laughable. Every one of the occupiers are economic losers (like you, observer) and cannot afford any “teams.” They will all be represented by lone federal public defenders, who are never top notch lawyers. Public defenders inevitably do as little as possible in defense of their clients, so don’t expect any avalanche of motions. The occupiers stupidly recorded themselves committing numerous crimes and provided the prosecution all the evidence they need. This is as “open and shut” as any case can get. This case is checkers, not chess.

        • observer February 19, 2016 at 11:00 am

          Hi Chris: Would you possibly be one Chris …? Son of Judge …? You can thank “anyone home” for a “tip”. Also noted relatives/friends of Burns/Refuge work for oregonlive. If your not the real Chris … and can’t stand up, can’t wait to hear your next response to my post.

          Chris … works at … as the … – Real Estate since Oct 2015. (FBI special agent wore that logo after LaVoy’s death on his jacket) Chris worked for … for 4 months prior.

          Father …, Political Science Professor, … taught Rep Jefferson Smith D-Portland at Univ of Oregon. Married to Judge …. … active in state politics and would have been at Pres Obama’s inauguration, but sadly was diagnosed with cancer that day.

          Much of the corruption can be tied to the Congress Center at 1001 SW 5th Ave, Portland Oregon. Most have law licenses in the State of Oregon. Many … family members attorneys including one who works for Stoel Rives – as did many now employed by Columbia.

          Rep Jefferson Smith and his wife Katy Lesowski are founders of the “Bus Project”. Oregonlive reports: “Few were willing to talk on the record because Bus Project supporters are like cult members and the Smith Family is too powerful to cross. Step-mom Meredith Wood Smith, Chairwoman Dem Party of Oregon 2006-2012.” Also Oregonlive reports that Jefferson has a temper and convictions on assault, one involving a young woman. Meredith maintains close relationships to her siblings, one of which lives in Utah.

          Jefferson’s dad, Joe Smith Attorney, former Legislator/Chair Dem party Oregon, Chief Aide to both Speaker of Oregon House and member of Congress. Former DA Umatilla County.

          All of the above Smith’s are related to Joseph Smith, founder of LDS. Jefferson is the great, great, great grandnephew; who in 2012 ran for Mayor of Portland. Lost to Charlie Hales, who Judge Aiken’s son Zach works for.

          Lastly Special Agent Greg Bretzing Portland is related to one Robyn Smith Bretzing, with family members living in Utah and of Mormon faith.

          All information can be found, compliments of each person noted above via normal public internet sites, including but not limited to, social media, newspapers, LinkedIn, etc. As Chris stated, once information is “public”, it’s not protected.

          PS The day before the ambush, Judge Aiken’s boys cried out that they were in fear of their lives, YET continued to mock, promote, and openly publicly push their agenda. People who have true fear for their lives, don’t play wolf. Only those that know that by playing “wolf” with imminent danger would provoke the powers to be above, to action. One man, LaVoy Finicum, died in an ambush due to those who staged a fear based agenda. But rather it’s the Judge’s boys, who’ve subjected their mom to more scrutiny and all of the above. Any future information uncovered needs to be investigated using independent expert witnesses.

          PSS All Defendants need to have the Complaint/Indictment moved to another venue as it’s clear as day that Portland Oregon is biased, corrupt, and “involved” with way too many Conflicts of Interest.

          In thanks to “anybody home” and “Chris” and their “bragging rights” here are the links I’ve found very interesting and provided most of the truth:
          http://registerguard.com/rg/news/local/33990482-75/judges-son-decries-threats-intimidation-in-malheur-matter.html.csp (comment section connects the dots to another law firm who was to profit from the donations from the … cause)

          http://www.oregonlive.com/news/index.ssf/2009/01/james_klonoski_longtime_uo_pro.html

          http://www.oregonlive.com/portland/index.ssf/2012/09/the_yin_and_yang_of_jefferson.html

          https://en.wikipedia.org/wiki/Jefferson_Smith_%28politician%29

          In honor of great men who’s voices have been quieted by homicide, may the “truth” unfold, may the “white collar criminals” be held accountable, and the “shooters” be held criminally liable and their names made public. I urge all civil right groups, inmate/prison rights groups, all faiths, all colors, in all 50 states, UNITE. Come together as one unstoppable peaceful power, and shut down the corrupt that’s holding up America’s call to “Peace, Freedom and Democracy!”. GodSpeed.

          Ed. ellipses; note: St. George News has not undertaken to vet the commenter’s conjecture.

          • Chris February 20, 2016 at 9:32 pm

            All I can say is “wow.” You are one deluded idiot, observer. You are so off the mark on everything, including my identity, that I pity anyone who relies on you for anything essential.

        • Rainbow Dash February 20, 2016 at 12:22 pm

          Chris,

          After reading, the last rambling of the creepy psychotic nutcase who calls himself “observer” on this forum, I would strongly suggest that you change your screen name for your own safety or that of someone else.

          • Chris February 21, 2016 at 8:39 am

            Thanks for your concern, but “observer” is such a harmless loser that I have nothing to fear. In fact, I relish keeping my screen name so I can continue to torment him. Every time he/she encounters someone named “Chris”, the observer will wonder if that is the real “Chris.”

  • .... February 17, 2016 at 2:24 pm

    Way to go Judge ! Good Work

  • delong February 17, 2016 at 3:51 pm

    Give Cliven a break, Judge. He’s only completely ignored four court orders since 1997. He’s not a flight risk, no way… Yeah, seems like a no-brainer!

  • KarenS February 17, 2016 at 4:52 pm

    In related news, Shawna Cox, one of Malheur Wildlife Refuge occupiers facing federal charges, has filed a court document claiming federal damages from the works of the devil for $666,666,666,666.66. The incoherent rambling went on for 8 pages and was quickly tossed by a judge in Oregon.

  • Chris February 17, 2016 at 6:09 pm

    Cliven is in the can for the long haul! I love it.

  • Bender February 17, 2016 at 9:31 pm

    Anyone with a passing interest in the practice of good animal husbandry in public lands ranching ought to read the U.S. Attorneys for Oregon and Nevada court filings opposing Bundy’s release:

    http://www.scribd.com/doc/299471534/2-16-16-Doc-4-U-S-A-v-CLIVEN-BUNDY-USA-Detention-Memorandum-for-Cliven-Bundy

    This man ain’t no rancher, he’s a loud mouthed idiot dressed in a cowboy costume.

    • observer February 18, 2016 at 11:51 am

      Hahaha, thank you so much for making my day so hilariously funny! CLEARLY you and those prosecutors have NEVER set foot on a real ranch. Your feed lots (the middle man) load livestock up on antibiotics, which pass through to your store bought meat; even using dairy cows for meat!

      These aren’t 4-H or FFA steers for God’s sake. So much fun popping out the worms with a coke bottle!

      Bender and Chris: I got $10,000 riding on the fact, that neither of you, separate or together, could round up 500-1000 head of cattle including the bull(s). You might win funniest home videos for being stupid enough to try. Keep me posted and will need Youtube proof!

      Here’s some truth though: http://www.farmsanctuary.org/learn/factory-farming/dairy/ Now go enjoy your cheap hamburger meat. LOL

      • Bender February 18, 2016 at 4:20 pm

        Not sure what factory farming or my ranching skills have to do with Bundy ignoring his herd Observer. Help me out here. Easily distracted or just trying to change the subject?

      • Chris February 18, 2016 at 5:37 pm

        You’ve never had $10,000 in a lump sum in your life.

    • Roy J February 18, 2016 at 2:16 pm

      I was particularly pleased while reading this, as I had Shawna Cox’s counter-complaint to read juxtaposed, athwart, and generally against it. I took great pleasure in comparing the substance, legality, and overall literary style of both sides. Thanks, Bender, it was quite a read! XD

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