June, 08 2017, 03:45pm EDT
Impeachment Hearings: Time to Start the Process
James Comey's testimony confirms that Donald Trump tried to obstruct justice. That is an impeachable offense. Impeachment takes time but we need to start the process now. It's time to call for impeachment hearings.
WASHINGTON
James Comey's testimony confirms that Donald Trump tried to obstruct justice. That is an impeachable offense. Impeachment takes time but we need to start the process now. It's time to call for impeachment hearings.
Impeachment is a process, and the time to begin is now.
June 8, 2017. We should all remember this date, because it was the day when former FBI Director James Comey (a Republican) confirmed under oath what many of us already suspected and what the press has reported--that Donald Trump asked him to drop the investigation into disgraced former National Security Advisor Michael Flynn.
Obstruction of justice is an impeachable offense. Period. Let's be clear about what this means: the President of the United States knew that the FBI was investigating his associates, TRIED TO STOP THAT INVESTIGATION, and then fired the person who wouldn't stop it. This is obstruction of justice, a federal crime, and an impeachable offense. (See our explainer on obstruction of justice here.)
Don't believe us? Then trust Laurence Tribe, a former Supreme Court clerk, constitutional scholar, and professor of constitutional law at Harvard Law School. His assessment: "The time has come for Congress to launch an impeachment investigation of President Trump for obstruction of justice."
Why does impeachment exist? For times like these.
As Americans, we cannot afford to have a President who breaks the law. No one is above the law, not even the President--and the job of the Presidency is too important to trust it to someone who doesn't respect the basic rules of our democracy.
Impeachment is enshrined in the constitution. James Madison argued impeachment was "indispensable" to protect against the "incapacity, negligence or perfidy" of the president. The Constitution provides that "[t]he President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors."
Yes, obstruction of justice is one of those "high crimes and misdemeanors." President Bill Clinton was impeached for perjury and obstruction of justice. And the very first article of impeachment against Nixon was similarly obstruction of justice. ObstructionofJustice is absolutelyan impeachable offense.
What is Impeachment? It's a process--a long process.
After Watergate, in July of 1973, a Democratic Member of the House of Representatives introduced H.Res 513, legislation described as "Resolution impeaching Richard M. Nixon, President of the United States, of high crimes and misdemeanors." It took three months for the House Judiciary Committee to even begin considering impeachment. It took more than a year before Nixon left office, before the full House had even voted, and the Senate hadn't taken any action.
Bottom line: impeachment takes time. So if you want it done, you've got to get it started. And, it starts with impeachment hearings. Here's how the impeachment process works:
The House acts first, then the Senate. Both the House and Senate have a role to play. First, the House decides whether or not to impeach the President (essentially whether to "charge" the president). Each "charge" is referred to as an "article of impeachment." If the House votes to impeach, then the Senate holds a trial on each article of impeachment against the president.
Impeachment is only the beginning--it's not a conviction. It's worth noting here the difference between two terms that are often used interchangeably but do not mean the same thing. Being "impeached" only means that the House of Representatives voted to send articles of impeachment to the Senate for a trial. Being "removed from office" means that the Senate voted to convict the President.
No President has ever been impeached and then convicted by the Senate and removed from office. President Andrew Johnson (in 1868) and Bill Clinton (in 1998/1999) were impeached by the House but acquitted in the Senate; Richard Nixon resigned to avoid being impeached.
Your easy to use, step-by-step impeachment guide:
- A Member of the House introduces a House Resolution calling for impeachment. Literally any House member can do this. The legislation will come in the form of a House Resolution (a.k.a. "H. Res" followed by a number). For Nixon, the final resolution was H. Res 803 ; for Clinton, it was H. Res 611. House Resolutions don't need to be passed by the Senate or signed by Trump--they just have to pass the House.
- A committee holds impeachment hearings to investigate. After introduction, the legislation will be referred to a House committee, likely the House Judiciary Committee (as was the case for both Nixon and Clinton). The Judiciary Committee may conduct its own investigation, or accept the investigation of another party. For Nixon, the Judiciary Committee eventually began a months-long investigation. For Clinton, the Judiciary Committee simply accepted an existing investigation conducted by independent counsel Ken Starr.
- The committee votes. Once an investigation has concluded, the committee--again, in most cases, House Judiciary--will vote on the article or articles of impeachment. They can do this together as one resolution or separately for each article. In the case of Nixon, the Judiciary Committee approved the articles of impeachment with strong bipartisan support. For Clinton, the Committee approved impeachment mostly on a party line vote.
- The full House votes.If the Judiciary Committee approves one or more articles of impeachment, the next step is for the full House to vote either on the resolution or on individual articles. It takes just a simple majority in the House to impeach a President. If that happens, the process moves to the Senate.
- The Senate holds a trial. The Senate receives evidence and hears testimony, like in a court trial, and the Chief Justice of the Supreme Court presides. Members of the House make the case for impeachment, and the President is defended by his counsel.
- The full Senate votes. Once the trial concludes, the Senate meets in closed session to deliberate before it takes a final vote. A two-thirds majority (67 votes if all Senators are present) is required to convict the President and remove him from office. This is an extremely high bar that was set that way intentionally, given the gravity of removing a president from office
Impeachment is a Political Process: Republicans Won't Get the Process Started Without Pressure from You
Despite the evidence from Mr. Comey's testimony that Trump obstructed justice, the hard truth is that Republicans have control of both the House and Senate. Some Republicans did join the call for a special prosecutor, who was appointed on May 17. This would have never happened without the immense pressure from the public and from Indivisible groups around the country. But politically speaking, most Republicans are not yet close to the point where they'll call for--or even allow--impeachment proceedings to begin. This is especially true for Republican leaders who control the process and have fallen in line with Trump on basically every issue so far.
We Need Both an Independent Commission and to Begin the Impeachment Process. What we do know is that Donald Trump obstructed justice. That is enough to begin the impeachment process, and your Representative should be calling for it. But there is still much left that we don't know, especially about connections between Trump associates and the Russian government. That's why it's important to call for both an independent commission, and to begin the impeachment process against Trump for the violations that we do know about. Remember, since the impeachment process will take time, we can still learn more if there is an independent commission continuing to investigate.
Until We Get Impeachment, Continue to Resist the Trump Agenda
While we pressure Republicans to begin impeachment hearings, we must continue to oppose Trump's agenda more broadly. One of the best ways to increase the chances of Trump's impeachment is to drive a wedge between him and his party,by making it clear that Republicans can't accomplish their agenda in Congress as long as Trump is President.
Even as new information about the Trump camp's ties to Russia continues to come to light with each new week, the Administration and its allies in Congress are pushing forward with their terrible legislative agenda. The House is voting to gut financial consumer protections. Mitch McConnell is maneuvering in the Senate to fast track their health care bill. Especially given the dark cloud that now hangs over the Administration, it is more important than ever to stop every piece of the Trump agenda. In doing so, we stop the worst damage to our country and our institutions while ramping up the pressure for Republicans to split with Trump.
What You Can Do to Stand Indivisible
First and foremost, impeachment is a long game. We won't be getting hearings anytime soon, and even once we do, the impeachment process is likely to take a long time. That's why, in addition to opposing the Trump agenda more broadly, we need to be doing two things at once:
- Continue the push for an independent commission. Obstruction of justice should be enough for impeachment, but if a commission or the special prosecutor uncover further wrongdoing, that only bolsters the case, especially in this hyperpartisan environment.
- Call on your Representative to support impeachment resolutions calling for impeachment, like the one Rep. Al Green will introduce shortly. An impeachment resolution is step one in the process.
Impeachment won't happen overnight--it will be a long-term fight. And we will continue to demand that Congress do more, especially as more information comes to light. Until then, we must continue to focus on stopping Republicans and Trump from advancing other parts of their agenda, including repealing the ACA, attacking immigrants and people of color, threatening the environment, repealing consumer financial protections, and attacking reproductive rights, to name only a few. The list of things we need to protect is long, but if we stick together, if we stand indivisible, we will win.
Sample Call Dialogue
Caller: Good morning/afternoon! Can you let me know [Senator/Representative Hernandez]'s position on creating an independent commission to get all the facts regarding the Trump campaign's possible collusion with Russia?
- [For House members] A Swalwell-Cummings bill called the Protecting our Democracy Act (HR 356) would establish an independent commission to investigate Russian interference, but Republican leadership is refusing to even hold a vote on it. There is currently "discharge petition" to force a vote on the Protecting our Democracy Act. Over 190 members have already signed on (updated count here)--Will the Representative join them?
- [For Senators] Senator Ben Cardin's bill, S.27, would establish a commission of independent experts to examine the facts regarding Russia and the 2016 election. It currently has 26 co-sponsors (updated count here). Will the Senator join them?
Option 1: Supports
Staffer: Thank you for calling! [Senator/Representative Hernandez] supports H.R. 356 / S.27.
Caller: That's great! Thank you. I'm pleased to hear that [Senator/Representative Hernandez] supports creating an independent commission. It appears that by firing FBI Director Comey, Trump may have engaged in obstruction of justice--that's an impeachable offense. If [Senator/Representative Hernandez] is truly concerned about the integrity of our democracy, will s/he also support starting impeachment hearings for this apparent violation?
Staffer: I will certainly pass on your concerns to the Senator/Representative.
Caller: Please do, and please take down my contact information to let me know when the Senator/Representative has made up his/her mind. I'm eager to hear what he/she decides.
Option 2: Opposes
Staffer: Thank you for calling! [Senator/Representative Hernandez] opposes creating an independent commission. The Department of Justice already appointed former FBI Director Robert Mueller to serve as the special counsel investigating ties between Russia and the Trump campaign. We should let that investigation run its course.
Caller: That's not enough. Mueller's appointment was an important first step, but it is not nearly enough. Congress should pass legislation to create an independent commission to get a full and more transparent airing of the facts. I am disappointed that [Senator/Representative Hernandez] would choose to protect Trump rather than listen to his/her constituents
Option 3: Dodges / Has No Position
Staffer: Thank you for calling! I don't know what the Senator/ Representative's position is.
Caller: That's disappointing to hear--this is a critical issue for our democracy. Does [Senator/Representative Hernandez] think it's more important to protect Trump than listen to his/her own constituents? The appointment of Robert Mueller to serve as the special counsel investigating ties between Russia and the Trump campaign was an important first step, but it is not nearly enough. Congress should pass legislation to create an independent commission to get a full and more transparent airing of the facts.
Staffer: I didn't know that but I'm happy to take down your concerns.
Caller: Here's my concern: By firing FBI Director Comey, Trump appears to have engaged in obstruction of justice--that's an impeachable offense. If [Senator/Representative Hernandez] is truly concerned about the integrity of our democracy, will s/he also support starting impeachment hearings for this apparent violation?
Staffer: I will certainly pass on your concerns to the Senator/Representative.
Caller: Please do, and please take down my contact information to let me know when the Senator/Representative has made up his/her mind. I'm eager to hear what he/she decides.
Indivisible Project (501c4) drives coordinated campaigns, powering the grassroots Indivisible movement to defeat the rightwing takeover of American government and win an inclusive democracy and bold progressive policies.
LATEST NEWS
PEN America Cancels Awards Ceremony Amid Boycott Over 'Disgraceful' Gaza Response
"We cannot, in good faith, align with an organization that has shown such blatant disregard of our collective values," a group of authors and translators wrote in an open letter.
Apr 23, 2024
The prominent free expression group PEN America announced Monday that it has canceled its 2024 literary awards ceremony amid growing backlash over the organization's response to Israel's assault on Gaza and alleged attempts to suppress dissent among its employees.
The decision came after nearly half of the authors nominated for PEN America awards withdrew their names from consideration, accusing PEN America of not sufficiently speaking out against Israel's war on Gaza and the dire consequences for free expression.
The awards ceremony was scheduled to take place on April 29 in Manhattan.
In an open letter released last week, dozens of authors and translators who refused to accept any honors from the organization wrote that "PEN America has remained shamefully unwilling to speak out against the systematic nature" of Israel's "often-targeted killings of Palestinian writers, professors, and journalists and their families."
"We stand in solidarity with one another and with the people of Palestine in our refusal to lend our names and tacit approval to PEN America's disgraceful inaction," reads the open letter, which demands the resignation of PEN America CEO Suzanne Nossel, president Jennifer Finney Boylan, and the group's entire executive committee.
"We cannot, in good faith, align with an organization that has shown such blatant disregard of our collective values," the letter adds. "We stand in solidarity with a free Palestine. We refuse to be honored by an organization that acts as a cultural front for American imperialism. We refuse to gild the reputation of an organization that runs interference for an administration aiding and abetting genocide with our tax dollars. And we refuse to take part in anything that will serve to overshadow PEN's complicity in normalizing genocide."
"We have been disgusted, for months, by the sight of these leaders clinging to a disingenuous façade of neutrality."
Clarisse Rosaz Shariyf, PEN America's literary programming chief officer, said in a statement Monday that "we greatly respect that writers have followed their consciences, whether they chose to remain as nominees in their respective categories or not."
"We regret that this unprecedented situation has taken away the spotlight from the extraordinary work selected by esteemed, insightful, and hard-working judges across all categories," Rosaz Shariyf added. "As an organization dedicated to freedom of expression and writers, our commitment to recognizing and honoring outstanding authors and the literary community is steadfast."
Outrage over PEN America's approach to Israel's war on the Gaza Strip has been intensifying for months.
In March, as Common Dreamsreported at the time, Naomi Klein, Michelle Alexander, and other high-profile writers pulled out of the PEN World Voices Festival, accusing PEN America of betraying "the organization's professed commitment to peace and equality for all, and to freedom and security for writers everywhere."
After initially refusing to do so, PEN America late last month joined its global parent PEN International in calling for an immediate cease-fire in Gaza. But the organization's critics—including current and former employees—argue it has failed to clearly and forcefully condemn Israel's assault, which has killed more than 34,000 people in Gaza and fueled a catastrophic humanitarian emergency.
"We have been disgusted, for months, by the sight of these leaders clinging to a disingenuous façade of neutrality while parroting hasbara talking points," the open letter from PEN America award nominees states. "We have also been appalled to learn that management has sought to suppress the off-hours political speech and activity of its own workers, in part by suggesting language by which staffers could be punished for participating in any political activity that undermines PEN America's mission."
The Interceptreported late last month that PEN America staffers also raised concerns in December over Nossel's decision to visit Israel amid the country's devastating attack on Gaza.
"We are concerned that Suzanne Nossel's trip as planned will be perceived as a dismissal of the urgent and worsening humanitarian crisis in Gaza and free expression and human rights violations in the West Bank and in Israel," the staffers wrote.
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Sanders Pushes Amendment to 'Cut Billions in Offensive Military Funding to Israel'
"Enough is enough," said Sen. Bernie Sanders. "We cannot continue to fund this horrific war."
Apr 23, 2024
U.S. Sen. Bernie Sanders said Monday that he would put forth an amendment to remove offensive military funding for Israel from a House-passed aid package that the Senate is set to consider this week.
The amendment would "cut billions in offensive military funding to Israel from the proposed national security supplemental package," Sanders (I-Vt.) said in a statement. The package, approved by the Republican-controlled House over the weekend, includes $17 billion in unconditional military assistance to the Israeli government, which stands accused on the world stage of perpetrating genocide in Gaza.
The senator said he would also offer an amendment to "protect essential humanitarian operations" in the Gaza Strip, where millions of people are facing the possibility of starvation due to Israel's suffocating and illegal blockade. At least 28 children under the age of 12 have starved to death in Gaza in recent weeks.
Sanders' amendment would restore U.S. funding to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), the most important aid agency working in Gaza.
An independent report released Monday found that Israel has not provided any evidence to support its claim that a significant number of UNRWA employees are members of terrorist organizations. The U.S. suspended its UNRWA aid in late January in response to Israel's unsubstantiated allegations against the agency's workers, and the House-passed Israel legislation would prohibit funding for the organization.
Sanders said Monday that the Senate "should have a chance to debate and vote on the key components of such a massive package."
"In poll after poll, Americans have showed their increasing disgust for [Israeli Prime Minister Benjamin] Netanyahu's war machine and the humanitarian disaster it has caused in Gaza," the senator added. "Enough is enough. We cannot continue to fund this horrific war."
I look forward to offering amendments tomorrow to cut billions in offensive military funding to Israel from the proposed national security supplemental package and protect essential humanitarian operations. We cannot continue to fund this horrific war. pic.twitter.com/8JpxpT7IX2
— Bernie Sanders (@SenSanders) April 23, 2024
A Senate vote on final passage of the White House-backed aid package—which also includes aid for Ukraine and Taiwan—is expected before Wednesday night. As Punchbowl reported, "each senator will be limited to just one hour of remarks" following procedural votes on Tuesday, so "it's likely that those who oppose the measure won't be able to drag this out much later than tonight."
The Senate vote on whether to hand Israel billions more in unconditional military aid will come as the country's military appears poised to escalate its devastating assault on the Gaza Strip, which has killed more than 34,000 people so far.
Satellite imagery obtained and analyzed by Al Jazeera shows that Israel has positioned "troops and vehicles at nearby army bases and outposts just outside the enclave."
"The analysis indicates that Israel has deployed more than 800 military vehicles to two bases," the outlet continued. "At least 120 vehicles are stationed at the northern border of the Gaza Strip and 700 are in the Negev desert, to the south. The satellite imagery also reveals that Israel has established nine military outposts just outside the enclave. Three were erected in November and December 2023 and six were set up between January and March of this year. The outposts house soldiers, operational command centers, and military vehicles."
A U.S. State Department report released Monday acknowledges that Israel has been credibly accused of grave human rights abuses in Gaza and the West Bank, including extrajudicial killings and torture. U.S. law prohibits American military assistance for governments violating human rights, but the Biden administration has resisted global calls to cut off arms sales to Israel.
"The widespread nature of the abuses described in the human rights report is overshadowed by the State Department's inaction on these same findings," Raed Jarrar, advocacy director of Democracy for the Arab World Now, said Monday. "The State Department needs to read its own report and take immediate action against all abusive Israeli units."
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Columbia Faculty Walk Out Over Student Suspensions, Arrests for Gaza Protests
While expressing gratitude for solidarity actions, Congresswoman Ilhan Omar—whose daughter was suspended—said that "this about the genocide in Gaza and the attention has to remain on that."
Apr 22, 2024
Over 34,000 Palestinians in Gaza have been killed by U.S.-backed Israeli troops, and Columbia University students have been suspended and arrested by New York Police Department officers in recent days for protesting the slaughter—which led to a walkout by the Ivy League institution's faculty on Monday.
The Guardian reported that "hundreds of members of the teaching cohort at Columbia walked out in solidarity with the students who were arrested" while "students put protest tents back up in the middle of campus on Monday after they were torn down last week when more than 100 arrests were made."
Yonah Lieberman, co-founder of IfNotNow, a Jewish-led U.S. group that organizes against Israel's apartheid, declared: "Solidarity with these faculty members. Shame on establishment politicians and agitators who are smearing the anti-war protest at Columbia as anything other than what it is: a courageous stand for freedom and peace."
Naureen Akhter, a founding member of the New York-based group Muslims for Progress, said: "Thank you to the professors who stood in solidarity with student protestors, who didn't give into instigators who are fanning flames of hate and division. Remember the calls are for transparency, divestment, and amnesty for students!"
Congresswoman Ilhan Omar (D-Minn.)—a critic of Israel's war on Gaza whose own daughter, Isra Hirsi, was suspended from Columbia's Barnard College last week for "standing in solidarity with Palestinians facing a genocide," as the 21-year-old junior put it—also noted the faculty walkout and "nationwide Gaza solidarity movement."
"This is more than the students hoped for and I am glad to see this type of solidarity," said Omar. "But to be clear, this about the genocide in Gaza and the attention has to remain on that."
Summary of events from the last day not related to Columbia:\n\n- Israel has not provided evidence that UNRWA staff are part of Hamas\n- A mass grave, including women/children was discovered\n- Doctors did an emergency c-section, saving a baby after an airstrikes killed her mother— (@)
The walkout in New York City followed 54 Columbia Law School professors sending a letter to administrators that states, "While we as a faculty disagree about the relevant political issues and express no opinion on the merits of the protest, we are writing to urge respect for basic rule-of-law values that ought to govern our university."
"Procedural irregularity, a lack of transparency about the university's decision-making, and the extraordinary involvement of the NYPD all threaten the university's legitimacy within its own community and beyond its gates," they wrote. "We urge the university to conform student discipline to clear and well-established procedures that respect the rule of law."
In a statement early Monday, several hours before the walkout, Columbia University president Minouche Shafik—who last week enabled NYPD arrests of students at the encampment—announced in her first statement since the sweep that all classes would be virtual "to deescalate the rancor and give us all a chance to consider next steps."
"Faculty and staff who can work remotely should do so; essential personnel should report to work according to university policy. Our preference is that students who do not live on campus will not come to campus," Shafik said. "During the coming days, a working group of deans, university administrators, and faculty members will try to bring this crisis to a resolution."
The national group Jewish Voice for Peace (JVP) on Monday accused Columbia of creating "a climate of repression and harm for students peacefully protesting for an end to the Israeli genocide against Palestinians in Gaza" over the past six months.
"Columbia University has actively created a hostile environment for students who are Palestinian or who support Palestinian freedom. Additionally, the administration's actions have made the campus much less safe for Jewish students," JVP said.
According to JVP:
Instead of listening to the calls of Columbia and Barnard students to divest from the genocide perpetrated by the Israeli government, the university has called in the NYPD to arrest students, suspended them, and even expelled them. At present 85 students, 15 of whom are Jewish, are suspended.
Yesterday's statement by the White House, like the administrators of Columbia University, dangerously and inaccurately presumes that all Jewish students support the Israeli government's genocide of Palestinians. This assumption is actively harming Palestinian and Jewish students.
The administration has not only harassed Jewish students and failed to ensure their safety and well-being, it has also obstructed their religious observances during Shabbat and prevented them from accessing their Jewish community on the eve of Passover.
While President Joe Biden's Sunday statement was officially about Passover—a Jewish holiday that begins at sundown on Monday—and not the protests at Columbia and other campuses across the country, it was widely received as a response to the latter.
Biden said in part that "we must speak out against the alarming surge of antisemitism—in our schools, communities, and online. Silence is complicity. Even in recent days, we've seen harassment and calls for violence against Jews. This blatant antisemitism is reprehensible and dangerous—and it has absolutely no place on college campuses, or anywhere in our country."
Jonathan Ben-Menachem, a Ph.D. student at the university, toldCNN that "Columbia students organizing in solidarity with Palestine—including Jewish students—have faced harassment, doxxing, and now arrest by the NYPD. These are the main threats to the safety of Jewish Columbia students."
"On the other hand, student protesters have led interfaith joint prayers for several days now, and Passover Seder will be held at the Gaza solidarity encampment tomorrow," he added. "Saying that student protesters are a threat to Jewish students is a dangerous smear."
Columbia Students for Justice in Palestine said in a lengthy statement that "we are student activists at Columbia calling for divestment from genocide. We are frustrated by media distractions focusing on inflammatory individuals who do not represent us. At universities across the nation, our movement is united in valuing every human life."
"As a diverse group united by love and justice, we demand our voices be heard against the mass slaughter of Palestinians in Gaza," the statement continues. "We've been horrified each day, watching children crying over the bodies of their slain parents, families without food to eat, and doctors operating without anesthesia. Our university is complicit in this violence and this is why we protest."
The Columbia Spectator reported Monday that Columbia College passed a divestment referendum that "asked whether the university should divest financially from Israel, cancel the Tel Aviv Global Center, and end Columbia's dual degree program with Tel Aviv University," with respective votes of 76.55%, 68.36%, and 65.62%. However, a statement from a university spokesperson signaled the referendum would not lead to any shift in campus policies.
Beyond Columbia, there are ongoing demonstrations at institutions including the Massachusetts Institute of Technology, New York University, the University of Michigan, and Yale University, another Ivy League school, where at least 47 peaceful student protesters were arrested on Monday.
Those arrested were "charged with class A misdemeanors, which is the highest class of misdemeanors in Connecticut—the same degree applies to third-degree assault," according to the Yale Daily News. Citing a university spokesperson, the student newspaper added that they "will be referred for Yale disciplinary action—which could include reprimand, probation, or suspension."
Pushing back against some administrators' statements, journalist Thomas Birmingham, who was with the Yale protesters overnight, said on social media: "Here's some things I saw... 1. Repeated and loud calls to remain peaceful. 2. Students locking arms, teaching Arabic and Hebrew, and passing around pizza and water. 3. Lots of singing."
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