Stock futures rise slightly as investors look ahead to Friday’s jobs report

US Top News and Analysis 

Traders work on the floor of the New York Stock Exchange (NYSE) in New York City, November 10, 2022.
Brendan McDermid | Reuters

U.S. stock futures rose slightly on Thursday night as investors looked ahead to the December jobs report Friday. Strong jobs data earlier in the day led to declines in the major averages as it pointed to further rate hikes ahead.

Dow Jones Industrial Average futures rose by 42 points, or 0.13%. S&P 500 and Nasdaq 100 futures climbed 0.19% and 0.21%, respectively.

During the regular session Thursday, the Dow Jones Industrial Average fell 339.69 points, or 1.02%. The S&P 500 declined 1.16%, while the Nasdaq Composite closed 1.47% lower. A stronger-than-expected ADP private payrolls report Thursday weighed on the major indexes.

Recession fears remained top of mind for investors as they deliberated whether the Federal Reserve could navigate a soft landing in its fight against inflation.

“I’m allowing in my thinking that we could have a recession by the end of the year, and that recession will be brought about by Fed tightening, QT, quantitative tightening, a stronger dollar, or the price of oil,” said Omega Family Office’s Leon Cooperman on CNBC’s “Closing Bell: Overtime” on Thursday.

“And if we have a recession, the market will have ended its decline, say, down 35% from its peak, so that gives you the low 3,000s,” Cooperman added.

Traders are anticipating the December jobs report before the bell Friday. Economists polled by the Dow Jones expect the U.S. added 200,000 jobs last month, which would mean a deceleration from gains in the prior month. A better-than-expected report pointing to a resilient labor market could mean the Fed has further to go in its efforts to tame inflation.

Stocks are headed for losses in the first trading week of 2023. As of Thursday’s close, the Dow is down 0.66% week to date, headed for its fourth down week in five. Meanwhile, the S&P 500 and the Nasdaq are both on pace for their fifth straight week of losses, down 0.82% and 1.54%, respectively.

WWE shares rise in extended trading

Shares of World Wrestling Entertainment jumped more than 10% in Thursday extended trading after Vince McMahon said he elected himself executive chairman at the company — months after he retired over a sexual misconduct scandal.

McMahon, the company’s controlling shareholder, brought on two former WWE co-presidents and board members, Michelle Wilson and George Barrios.

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— Rebecca Picciotto, Sarah Min

Leon Cooperman says new bull market isn’t coming anytime soon

Billionaire investor Leon Cooperman said he’s still holding a cautious view on stocks and the economy, but he’s finding cheap stocks to buy after the recent correction.

“I would basically take the position that we’re in a market of stocks rather than a stock market,” Cooperman said on CNBC’s “Closing Bell Overtime” Thursday. “I think anybody looking for a new bull market anytime soon is looking the wrong way.”

CNBC Pro subscribers can read the full story here.

— Yun Li

Where the major averages stand this week

Stocks are set to close out the first trading week of the year with losses. As of Thursday’s close, here are where the major averages stand:

The Dow Jones Industrial Average is down 0.66% week to date, on pace for its fourth negative week in five.The S&P is down 0.82% week to date, on pace for its fifth negative week in a row for the first time since its 7-week streak ending 5/20/2022.The NASDAQ is down 1.54% week to date, on pace for its fifth negative week in a row for the first time since its 7-week streak ending 5/20/2022.   

— Chris Hayes, Sarah Min

Stock futures open higher

U.S. stock futures opened higher Thursday night after the major averages declined on the back of strong jobs data that could point to further rate hikes, and as investors looked ahead to the December jobs report Friday.

Dow Jones Industrial Average futures rose by 21 points, or 0.06%. S&P 500 and Nasdaq 100 futures climbed 0.13% and 0.19%, respectively.

— Sarah Min

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Fox News’s Jeanine Pirro: Speakership fight ‘making the Republicans look ridiculous’ 

Just In | The Hill 

Fox News host Jeanine Pirro said Thursday that the drawn-out election for Speaker is “making the Republicans look ridiculous” as the House heads into an 11th round of voting, with Rep. Kevin McCarthy (R-Calif.) losing out in the first 10 bouts.  

“I’m angry about it. You know why? They’re making the Republicans look ridiculous. First of all, I like Kevin McCarthy, okay? Why wasn’t this done ahead of time? Why are we doing this in front of the public? We look like a bunch of fools, okay?” Pirro, co-host of Fox News’s “The Five,” said during the program

The GOP now has control of the House, with 222 seats compared to Democrats’ 212. But McCarthy has lost each round of votes for Speaker to Democratic Rep. Hakeem Jeffries (N.Y.) as around 20 Republicans have repeatedly voted for other candidates, preventing McCarthy from securing the majority needed to win.  

Pirro called out Rep. Lauren Boebert (R-Colo.), who nominated Rep. Kevin Hern (R-Okla.) during an earlier vote.  

“And Lauren Boebert, you know, with all due respect, I mean, the women barely won her race. You’re holding out until Kevin falls. What is the alternative? What do you want? What is the option? What can people agree on?” said Pirro, a longtime conservative media personality and a noted supporter of former President Trump. 

“You want the Republicans to vote — to get the Democrats to get a Speaker of the House? Can you imagine Nancy Pelosi saying, let me get some Republicans so that I can be the Speaker? I can put them on committees. This is an embarrassment,” Pirro added, saying “it shouldn’t have happened this way.” 

The House opened its eleventh round of voting on Thursday. The election process will continue until a nominee gets the required majority. 

​Media, News, Fox News, Hakeem Jeffries, House Speaker vote, Jeanine Pirro, Kevin McCarthy, The Five Read More 

US to send Bradley vehicles to Ukraine as part of new aid package


The United States will supply Ukraine with Bradley fighting vehicles as part of a new security assistance package to the country as it nears the one-year anniversary of Russia’s invasion.

The nearly $3 billion package is among the largest packages of military equipment sent from the Pentagon to Ukraine since the war began. It comes as Ukraine prepares for intensive fighting in the spring as the weather warms.

Biden affirmed the new commitment in a telephone call with German Chancellor Olaf Scholz on Thursday. Germany will also send Ukraine new fighting vehicles, along with a Patriot missile battery to protect against Russian air attacks.

The new security package comes as Russia intensifies its attacks on civilian targets in Ukraine. Ukrainian President Volodymyr Zelensky, who visited the White House last month, has called for additional assistance from western nations to protect against Russian aggression. He said the support was not “charity” but “an investment in the global security and democracy.”

The Bradley fighting vehicle, which moves on tracks rather than wheels, can hold around 10 troops and is used to transport personnel into battle. The White House said the US and Germany would provide training to Ukrainian forces on the respective vehicles being provided to Kyiv.

During Zelensky’s visit to the White House last month, Biden announced the US would provide Ukraine a Patriot missile system, along with the required training. It was the first system of its kind pledged to Ukraine.

Those systems had been at the top of Zelensky’s wish list because it will allow his military to target Russian missiles flying at a higher altitude than they were able to target previously.

The US has provided other armored vehicles to Ukraine in the past, including Mine Resistant Ambush Protected (MRAP) vehicles and armored utility vehicles. The US also paid for the refurbishment of Soviet-era T-72 tanks.

At this time, the US is not prepared to send M-1 Abrams tanks, despite repeated Ukrainian requests, two defense officials said.

On their phone call, Biden and Scholz “expressed their common determination to continue to provide the necessary financial, humanitarian, military and diplomatic support to Ukraine for as long as needed,” a joint statement read.


Republican rep. slams Gaetz, McCarthy holdouts for drawn-out Speakership battle

Just In | The Hill 

Rep. John Rutherford (R-Fla.) slammed three of his fellow Florida Republicans on Thursday for drawing out the battle over the Speaker of the House, as they continued to oppose Rep. Kevin McCarthy’s (R-Calif.) bid for the leadership position.

Rutherford specifically called out Reps. Matt Gaetz and Byron Donalds and Rep.-elect Anna Paulina Luna, who are among the 20 far-right Republicans blocking McCarthy’s Speakership.

“Thanks to @RepMattGaetz, @RepDonaldsPress, & @realannapaulina, congressional offices like mine aren’t able to help our constituents with casework requests while we wait to be sworn in,” Rutherford said in a tweet on Thursday afternoon. “The small minority obstructing the speaker election is causing real consequences for Americans.”

After 10 roll call votes over three days, McCarthy has yet to make any headway among the Republican holdouts, who split their votes between Donalds and Rep. Kevin Hern (R-Okla.) on Thursday.

The frustration among members comes as McCarthy and his Republican detractors continued to suggest that they were making progress in negotiations, despite the lack of movement on the floor.

House business has remained at a standstill without a Speaker, with new members yet to be sworn in. The incoming chairs for the House Intelligence, Armed Services and Foreign Affairs committees also expressed growing frustration over the holdup, after they were blocked from classified national security briefings.

​House, Anna Paulina Luna, Byron Donalds, John Rutherford, Kevin McCarthy, Matt Gaetz, Speaker of the House, Speakership vote Read More 

Constellation CEO hints at stock buyback after shares take a beating. The Club would fully support the move

US Top News and Analysis 

Constellation Brands (STZ) could potentially implement a stock buyback program, CEO Bill Newlands said Thursday — a move we would welcome as shareholders in the alcoholic beverage maker. Newlands’ comments came on the heels of Constellation reporting mixed 2023 fiscal third-quarter results earlier in the day, sending the company’s stock price tumbling. Shares of Constellation closed down nearly 10%, settling at $208.68 apiece. During an interview with Jim Cramer on “Mad Money” Thursday evening, Jim pushed Newlands on whether Constellation would consider a buyback given the decline in the stock. “Big cash flow, lots of opportunity to do many things with that cash at $208, perhaps the best thing to do with that cash is to buy stock,” Jim prodded. For his part, Newlands responded, “We already have additional approval from our board to buy back stock. And I think at this price point, it would be silly not to do just that.” Still, Newlands called Thursday’s market moves a “total overreaction.” While the Club was disappointed by Constellation’s lackluster earnings and full-year-guidance downgrade, we see the stock’s slide as a buying opportunity . And we remain pleased that Constellation continues to see robust demand for its high-end specialty beer offerings. We also continue to like the company for its robust cash generation and ability to raise prices, while simultaneously taking market share. U.S.-based Constellation’s growth in the beer market has been propelled by its 3 Mexican beer brands — Modelo Especial, Corona and Pacifico. The company also owns a range of other high-quality alcohol brands, including Svedka vodka and Kim Crawford sauvignon blanc. (Jim Cramer’s Charitable Trust is long STZ. See here for a full list of the stocks.) As a subscriber to the CNBC Investing Club with Jim Cramer, you will receive a trade alert before Jim makes a trade. Jim waits 45 minutes after sending a trade alert before buying or selling a stock in his charitable trust’s portfolio. If Jim has talked about a stock on CNBC TV, he waits 72 hours after issuing the trade alert before executing the trade. THE ABOVE INVESTING CLUB INFORMATION IS SUBJECT TO OUR TERMS AND CONDITIONS AND PRIVACY POLICY , TOGETHER WITH OUR DISCLAIMER . NO FIDUCIARY OBLIGATION OR DUTY EXISTS, OR IS CREATED, BY VIRTUE OF YOUR RECEIPT OF ANY INFORMATION PROVIDED IN CONNECTION WITH THE INVESTING CLUB. NO SPECIFIC OUTCOME OR PROFIT IS GUARANTEED.

A case of Constellation Brands Inc. Corona beer sits on a shelf in a cooler during a delivery in Ottawa, Illinois, U.S., on Tuesday, April 2, 2019.
Daniel Acker| Bloomberg | Getty Images

Constellation Brands (STZ) could potentially implement a stock buyback program, CEO Bill Newlands said Thursday — a move we would welcome as shareholders in the alcoholic beverage maker.

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Elon Musk Takes Sides in the Speaker Race


The CEO of Tesla and Twitter has become one of the most influential voices in the Republican camp.

Elon Musk can’t help it.

The whimsical and visionary billionaire likes to interfere in sensitive issues.

Lately though, many of Tesla’s investors have all but begged him to stay away from politics and refocus on the electric vehicle maker. It must be said that the automobile manufacturer has been experiencing a real stock market rout for several months. Tesla stock lost more than 65% of its value in 2022. 

The stock market bloodbath has continued since the beginning of 2023. In the January 5 trading session, Tesla’s stock price fell nearly 3%. 

While Musk is aware of Tesla’s share price crash, the tech tycoon has so far remained deaf to requests from shareholders, the most vocal of whom have voiced their dissatisfaction with his involvement in politics on Twitter. 

The serial entrepreneur continues to cultivate his uniqueness and take advantage of his growing influence, particularly in conservative circles. Musk has just taken a stand in the race to elect the House speaker. He has just chosen his candidate as Republicans, who regained a majority in the House of Representatives in the midterm elections last November, have failed to elect the new House Speaker. 

California Representative Kevin McCarthy, who is seeking this super powerful position, is facing fierce opposition from the right wing of the Republican Party. The vote has been going on for three days now.

Musk Votes For McCarthy

“Kevin McCarthy should be Speaker,” Musk said on January 5.

Aware that his choice was not unanimous, the techno king explained that McCarthy was the only good choice, even the only option.

“Subtle, but I am beginning to suspect opinions differ on this matter …If not McCarthy, then seriously who?” he added.

The billionaire’s first tweet announcing his choice was seen by nearly 40 million Twitter users. But most comments disputed Musk’s decision. They felt in particular that McCarthy was not the right choice.

“No,” commented Libertarian and former member of Congress Justin Amash. “Kevin McCarthy embodies everything people hate about politics. He’s unprincipled, dishonest, vindictive, and focused solely on gaining and maintaining power.”

“I think 90% of Republican voters disagree,” quipped Conservative voice Mario Fratto.

“Why?” asked another Twitter user. “And I say this as a 3rd party Libertarian. Republican voters don’t want him…they want someone, anyone that’s America-First. The fact the GOP doesn’t care, they just want to keep the gravy train rolling is telling. Corruption ends when the DC mafia stops getting their way.”

For the third day in a row, McCarthy had still not succeeded in convincing all the members of his party to vote for him as House speaker. He lost a 10th vote in a row on January 5 despite offering new concessions to hard-right republicans.

Without a speaker, the House cannot pass laws or even swear in its members. The chamber can’t do anything until a speaker is chosen.

Read More 

Appeals court blocks Jen Psaki deposition in social media lawsuit

Politics, Policy, Political News Top Stories 

A federal appeals court has blocked efforts by Republican-led states to force former White House press secretary Jen Psaki to testify about efforts by the Biden administration to urge social media firms to take down certain kinds of posts or bar users from posting.

The order on Thursday afternoon from the New Orleans-based 5th U.S. Circuit Court of Appeals is another not-so-veiled rebuke to District Court Judge Terry Doughty, who has been overseeing the suit the attorneys general of Missouri and Louisiana filed last year claiming that the administration’s pressure on Facebook, Twitter and YouTube was so intense that it amounted to censorship.

The three-judge appeals court panel said Doughty failed to give adequate weight to longstanding legal principles calling for depositions of current and former senior government officials to be limited to instances where they are truly essential.

The attorneys general and several private individuals have argued that Psaki’s statements about encouraging social media firms to take down misinformation about the coronavirus and about election fraud are grounds to subject her to questioning, but the appeals judges sharply disagreed.

“The plaintiffs argue that a deposition is required in order to, among other things, illuminate the meaning of these statements. Much of this desired illumination, though, is apparent from the record,” Judges Edith Clement, Leslie Southwick and Stephen Higginson wrote in their joint order. “In a similar vein, the plaintiffs say they need to uncover the identities of government officials and social media platforms mentioned in Psaki’s statements. The record is already replete with such information.”

The 5th Circuit panel also suggested that in the absence of evidence that Psaki herself was interacting with the social media firms or dictating policy, there was little reason to demand her testimony.

“As Press Secretary, Psaki’s role was to inform the media of the administration’s priorities, not to develop or execute policy,” the appeals judges wrote. “Unsurprisingly, then, the record does not demonstrate that Psaki has unique first-hand knowledge that would justify the extraordinary measure of deposing a high-ranking executive official.”

Clement and Southwick are appointees of President George W. Bush. Higginson was appointed by President Barack Obama.

“The central concern of this court is that absent ‘extraordinary circumstances,’ depositions of high government officials should not proceed,” the appeals judges wrote. “That rule is a constant across the decades regardless of who the officials are.”

The federal government has turned over numerous records in the case and depositions of other officials have gone forward, including of an FBI agent who detailed the agency’s interactions with social media companies. Last month, the FBI issued a statement defending its contacts with Twitter, among other social media firms.

“The correspondence between the FBI and Twitter show nothing more than examples of our traditional, longstanding and ongoing federal government and private sector engagements, which involve numerous companies over multiple sectors and industries,” the statement said. “The men and women of the FBI work every day to protect the American public. It is unfortunate that conspiracy theorists and others are feeding the American public misinformation with the sole purpose of attempting to discredit the agency.”

Psaki, who left the White House in May and now works for MSNBC, declined to comment on the ruling on Thursday. A spokesperson for Missouri Attorney General Andrew Bailey declined to comment.

Louisiana Attorney General Jeff Landry’s office said in a statement: “We have no problem with the court’s request. We look forward to obtaining more discovery.”

The appeals court has also placed a hold on three other depositions that Doughty, an appointee of President Donald Trump, approved in the case. In November, the same appeals panel said Surgeon General Vivek Murthy, Cybersecurity and Infrastructure Security Agency Director Jen Easterly and White House Director of Digital Strategy Rob Flaherty did not have to submit to questioning while the appeals court deliberated further on the issue.

​ Read More 

On The Money — Federal agency cracks down on noncompetes

Just In | The Hill 

A federal agency is trying to make it easier for employees to switch jobs without repercussions. We’ll also look at economic concerns among business leaders, as well as how much you spent online shopping last year. 

But first, find out why the House Speaker showdown bodes poorly for raising the debt ceiling. 

Welcome to On The Money, your nightly guide to everything affecting your bills, bank account and bottom line. For The Hill, we’re Sylvan Lane, Aris Folley and Karl Evers-Hillstrom. Someone forward you this newsletter?

FTC unveils proposal to ban noncompete clauses 

The Federal Trade Commission (FTC) on Thursday rolled out a proposal to prohibit employers from implementing noncompete clauses that limit workers’ ability to change jobs. 

Noncompetes, which are used in a broad range of industries, make it difficult for employees to work for a competitor or start their own business for a period of time after they leave employment. 

The FTC said that the rule could boost wages by nearly $300 billion per year by giving workers more power to find a new job or using the threat of leaving to demand a raise. 

Between 36 million and 60 million private-sector workers are subject to noncompetes, according to an estimate from the Economic Policy Institute. 

The rule’s introduction stems from a Biden executive order aimed at boosting competition and worker power.  

Still, the proposed rule will face legal challenges from business groups that say the FTC doesn’t have the authority to impose the ban.  

Karl has more here


Consumers spent more than $200B online during holiday season, breaking record 

Consumers spent more than $200 billion online during this past holiday season, breaking another record for e-commerce this season.  

Data from Adobe showed that online shopping from Nov. 1 to Dec. 31 yielded $211.7 billion, a 3.5 percent year-over-year increase.  

The five days between Thanksgiving and Cyber Monday contributed
$35.3 billion of that total, but data shows consumer spending was persistent throughout the entire season, according to an Adobe release.  

Shoppers spent more than $3 billion in aggregate on 38 days of the season, on track with what happened last year. But only 25 days of the 2020 season surpassed
$3 billion, the release states.  

The Hill’s Jared Gans breaks it down here


Business leaders see profits rising despite recession fears: survey 

Majorities of midsize business leaders expect their sales and profits to increase this year but also believe the U.S. could slip into recession, according to a survey conducted by JPMorgan Chase. 

In an online survey of 791 business owners and executives, 65 percent of respondents said they believe a recession is likely and only 8 percent said they were optimistic about the economy in 2023.  

Even so, 63 percent of business leaders said they expect to see higher sales and 51 percent are expecting higher profits next year despite the dour outlook. Only 14 percent of respondents expected revenue to fall and 24 percent expected profits to fall in 2023. 

“Following the challenges of the last few years, it’s encouraging to see the resilience of small business owners and leaders,” said Ben Walter, CEO of Chase Business Banking, in a Thursday statement. 

“The next economic cycle is always right around the corner,” Walter said. 

Sylvan explains here


Most manufacturers predict recession in 2023: survey 

Sixty-two percent of manufacturers expect the U.S. economy to enter a recession this year, according to a survey conducted by the National Association of Manufacturers (NAM).  

The survey also found that 69 percent of manufacturers have a positive outlook for their company, the lowest figure since the third quarter of 2020. They cited struggles in attracting and finding workers, continued supply chain snags and high raw material costs.  

It’s the latest warning sign that the U.S. manufacturing industry is slowing down amid weakening demand and higher borrowing costs stemming from the Federal Reserve’s interest rate hikes. 

Karl tells us why here. 

Good to Know

Bed Bath & Beyond (BB&B) reported concerning financial figures on Thursday, warning investors that bankruptcy may be on the horizon, which sent the company’s stock price plummeting. 

Preliminary earnings reported by BB&B showed slowing sales, with the $1.3 billion figure for the third quarter being about a third lower than the year before. The company also noted lower foot traffic through its stores. 

Other items we’re keeping an eye on: 

New York City Uber drivers are striking for a second time after the company blocked a pay raise last year.   

Peloton reached a settlement with the U.S. Consumer Product Safety Commission Thursday over its defective treadmills that caused injuries and the company’s failure to report the concerns to the commission. 

That’s it for today. Thanks for reading and check out The Hill’s Finance page for the latest news and coverage. We’ll see you tomorrow. 

​Overnight Finance, Finance, Policy Read More 

Biden honors Pope Benedict XVI at embassy in Washington

Just In | The Hill 

President Biden on Thursday evening made an unexpected trip to the Vatican embassy in Washington to pay his respects to Pope Benedict XVI, who was laid to rest earlier in the day.

The president signed a condolence book, which is formally called the Apostolic Nunciature of the Holy See. Benedict died at the age of 95 last week.

Biden, who is the second Catholic president in U.S. history, spoke with Vatican officials and then sat down at a desk for several minutes to sign the book, with a photograph of Benedict behind him.

“It’s a great honor,” Biden said to Archbishop Christophe Pierre, Msgr. Seamus Horgan, and Msgr. John Paul Pedrera.

“I used to be your neighbor across the street,” he added, referring to the Vice President residence nearby. 

The U.S. Ambassador to the Holy See Joe Donnelly attended the funeral on Thursday to represent the U.S., which the White House said is in line with the wishes of the late Pope and the Vatican. 

Biden told reporters Wednesday that he admired Benedict and had an opportunity to spend a couple of hours with him in 2011 when Biden was vice president.

“He was a great and it reminded me of going back to theology class.  We spoke about Aquinas and about ‘Summa Theologica’ and the whole litany.  I found him to be relaxing and very rational,” Biden said.

He also noted that Benedict was a far more conservative Catholic than he is. 

“He was a more conservative view within the Catholic realm than I have and…the present Pope, in terms of his philosophy, his view.  But I admired him. I thought he was a fine man,” the president said.

Benedict’s funeral on Thursday was conducted by Pope Francis, marking the first funeral conducted by a sitting pope for a former pope. Benedict resigned in 2013, becoming the first pontiff of the Roman Catholic Church to resign in nearly 600 years.

​Administration Read More 

Jim Cramer reminds investors that market pain is needed to prevent endless price hikes

US Top News and Analysis 

CNBC’s Jim Cramer on Thursday reminded investors that pain in the stock market is unfortunately necessary for the Federal Reserve to win against inflation.

“Nobody wants to root for layoffs or lower stock prices. But the alternative is persistently high inflation — endless price increases for everything — and nobody wants that either,” he said.

Stocks fell on Thursday after fresh data indicated that the labor market remains strong, despite the Fed’s aggressive interest rate hikes to tamp down rising prices. 

Cramer explained that while the Fed needs to make it so that companies can no longer raise prices for goods and services, it’s inevitable that such an outcome will hurt portfolios.

“Lower home prices – it’s good if you’re looking for a house, but it’s awful if you own shares in homebuilder Lennar,” he said as an example. “In other words, there’s no free lunch for you, the investor.”

And while it’s unclear when the central bank will be able to roll back its interest rate increases and stop hurting the market, he said that the release of the nonfarm payrolls report on Friday will shed more light on the state of inflation.

“If it doesn’t show higher unemployment with no wage growth, the Fed will need to keep aggressively raising interest rates,” Cramer said.

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