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You are here: Home / Open Threads / GOP Embraces Jury Nullification

GOP Embraces Jury Nullification

by John Cole|  January 31, 202011:00 am| 67 Comments

This post is in: Open Threads, The Republican Crime Syndicate

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Ignore Lamar’s “let the people decide” bullshit, what he is actually doing has a name, and it is jury nullification:

“There is no need for more evidence to prove that the president asked Ukraine to investigate Joe Biden and his son, Hunter; he said this on television on October 3, 2019, and during his July 25, 2019, telephone call with the president of Ukraine. There is no need for more evidence to conclude that the president withheld United States aid, at least in part, to pressure Ukraine to investigate the Bidens; the House managers have proved this with what they call a ‘mountain of overwhelming evidence.’ There is no need to consider further the frivolous second article of impeachment that would remove the president for asserting his constitutional prerogative to protect confidential conversations with his close advisers.

“It was inappropriate for the president to ask a foreign leader to investigate his political opponent and to withhold United States aid to encourage that investigation. When elected officials inappropriately interfere with such investigations, it undermines the principle of equal justice under the law. But the Constitution does not give the Senate the power to remove the president from office and ban him from this year’s ballot simply for actions that are inappropriate.

What is before the Senate is not a vote on the appropriateness of the House articles of impeachment, but whether or not Trump is guilty of that which he has been accused, and you’re not even contesting that. You’re just going to vote against removing him because IOKIYAR.

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Reader Interactions

67Comments

  1. 1.

    Major Major Major Major

    January 31, 2020 at 11:02 am

    My thinking summarized by something Cheryl retweeted yesterday…

    He was always going to be acquitted. The only question was the price they would pay, and the clarity with which their disregard for our country would be displayed. t.co/VAbygYl1p8— hilzoy (@hilzoy) January 31, 2020

  2. 2.

    schrodingers_cat

    January 31, 2020 at 11:04 am

    In the other banana republic news. BJP government in Karnataka has booked a mother of a 6 year old student and the principal of the school where the play was staged on sedition charges for a school play mildly critical of PM Modi.

    They are Muslims in case you were wondering.

  3. 3.

    zhena gogolia

    January 31, 2020 at 11:05 am

    @Major Major Major Major: 
    I think the proceedings had an effect. They had an effect on me, at any rate, and I’ve heard of other people who’ve been similarly enraged. I wish more people had paid attention, though. Schiff was MAGNIFICENT and so were all the others, especially Jeffries and Crow.

  4. 4.

    TaMara (HFG)

    January 31, 2020 at 11:10 am

    I thought this was on point.

    Hello, there is your unroll: Thread by @TheRickWilson: 1/ Every Republican senator needs to know some key, invariable facts: The moment they vote to… t.co/W6cbL8zeUo. Talk to you soon. ?

    — Thread Reader App (@threadreaderapp) January 31, 2020

  5. 5.

    balconesfault

    January 31, 2020 at 11:14 am

    What’s this “ban him from the ballot” BS?

    The GOP most certainly could put Trump back on the ballot after he was removed from office by the Senate. No reason at all that he couldn’t run for re-election.

  6. 6.

    Frankensteinbeck

    January 31, 2020 at 11:14 am

    @Major Major Major Major:

    ALL we could ever realistically hope for from impeachment is to hang it around Mitch’s already unpopular neck that he let Trump skate.  Treating this vote as the test of our Republic is silly.  We are in exactly the same difficult situation we have been for years, and the answer remains the same:  Stay angry and vote the bastards out, like we’ve been doing the last three years.

  7. 7.

    Major Major Major Major

    January 31, 2020 at 11:17 am

    @Frankensteinbeck: I don’t follow. How is it not a test of our republic, which we are failing? Getting an F on the midterm and the final doesn’t mean you didn’t get two F’s, just because you would’ve flunked the course regardless.

  8. 8.

    mali muso

    January 31, 2020 at 11:23 am

    @schrodingers_cat: So infuriating and distressing!

  9. 9.

    schrodingers_cat

    January 31, 2020 at 11:23 am

    @Frankensteinbeck: I agree with you.

  10. 10.

    schrodingers_cat

    January 31, 2020 at 11:24 am

    @mali muso:

    Held without bail till the hearing next week I might add.

  11. 11.

    LC

    January 31, 2020 at 11:24 am

    @balconesfault:

    Article I, Section 3, Clause 7?

    Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States;

    I think most people think this means that the disqualification is automatic, but I suppose you don’t have to read it that way.

  12. 12.

    SiubhanDuinne

    January 31, 2020 at 11:25 am

    “It was inappropriate for the president to ask a foreign leader to investigate his political opponent and to withhold United States aid to encourage that investigation. When elected officials inappropriately interfere with such investigations, it undermines the principle of equal justice under the law.“

    Really, Lamar!? Inappropriate?

    Inafuckingpropriate?

    “Inappropriate” is serving Chardonnay with Beef Wellington. “Inappropriate” is wearing a tee-shirt and cut-offs to a wedding.

    What Trump and his enablers did was not “inappropriate.” It was criminal.

  13. 13.

    Betty Cracker

    January 31, 2020 at 11:26 am

    IMO, both things are true: the impeachment WAS a stress test for our republic, which most of us expected to fail, and it looks like we were right. It is also the latest wake-up call to either address those deficiencies or keep sliding into kleptocratic ethnostate status, a slide that began long before Trump.

    But people who are scared about what this vote signifies aren’t wrong or hysterical. The Senate is about to say it’s A-OK to use presidential power to close off the single option we have to address what’s broken about our system: elections. It’s no excuse for panic, which only saps the will to fight it, but fear and consternation aren’t an inappropriate response.

  14. 14.

    randy khan

    January 31, 2020 at 11:31 am

    @LC:

    It’s not automatic – the Senate has to decide whether the acts that led to impeachment and conviction warrant the sanction of never serving in an office of the U.S. again.  For example, Alcee Hastings was removed as a federal judge via impeachment, and then elected to the House.

  15. 15.

    Jeffro

    January 31, 2020 at 11:33 am

    Two things:

    1. Over half the country, already, right now, wants trumpov removed from office…that is major progress, and I doubt that white-hot rage many of us are feeling right now is going to dissipate one bit between now and November.  Dem turnout will be through. the. roof.
    2.  Across the same time span, more will come out about trumpov’s criminality which will drive away some (small, to be sure, but still) percentage of Rs and R-leaning independents, driving down their turnout.

    Plus, it’ll be easier to bang on GOP Senators publicly for each and every thing trumpov does, says, tweets, garbles, etc.  Who knows, maybe even our national snooze media will find themselves reframing their usual ‘both sides’ BS a bit.  Won’t hold my breath on that last one, though.

    We are going to crush them in November, and then it’s time for that ‘National Truth and Retribution* Commission’

    *or whatever its eventual, official name is ;)

  16. 16.

    schrodingers_cat

    January 31, 2020 at 11:37 am

    @Betty Cracker: It is bad and it was expected. But we have been in this situation since 2016. Now we will have proof when they vote.

  17. 17.

    MomSense

    January 31, 2020 at 11:38 am

    I hope we eventually find out just WTF kompromat they have on these Republicans.

  18. 18.

    Immanentize

    January 31, 2020 at 11:38 am

    @balconesfault: They don’t even need to remove him if they vote to convict.  Either Alexander does not understand or he is arguing hyperbole to make his position sound just.

  19. 19.

    MomSense

    January 31, 2020 at 11:39 am

    @Immanentize:

    Why not both?

  20. 20.

    randy khan

    January 31, 2020 at 11:40 am

    Two thoughts (okay, three):

    1. From a political perspective, Senate Republicans had to evaluate potential risks from any course of action.  Allowing witnesses means you either get Bolton or the spectacle of an ugly fight to prevent Bolton from testifying, but it potentially also means you get Hunter or Joe Biden. (Joe is a double-edged sword – I personally think the Republicans would rue the day they called him, but it could go the other way.)  Having witnesses also focuses more attention on the trial and your inevitable decision to acquit Trump, not to mention that you also potentially incur Trump’s wrath for not wrapping this up as fast as possible.  Not allowing witnesses pretty much ends all doubt about the nature of this event and the Republicans’ unwillingness to do their jobs, but gets it over fast and with the minimum likelihood of bad surprises from witnesses.  You still risk the likelihood of further revelations, but that’s going to happen either way.  They’re both lousy choices, but I can see why they decided that having no witnesses was a less lousy choice.
    2. If Alexander thinks his reasoning will make Trump happy, he’s hallucinating.  Of course, he’s leaving the Senate, and so isn’t risking re-election by saying Trump did something bad, but still Trump demands total loyalty, so he may release the flying monkeys if he’s paying attention.
    3. Also, Alexander is a weasel.
  21. 21.

    germy

    January 31, 2020 at 11:41 am

    We are going to crush them in November, and then it’s time for that ‘National Truth and Retribution* Commission’

    How many of the Democratic frontrunners have pledged to do that?  I honestly don’t know.

  22. 22.

    randy khan

    January 31, 2020 at 11:41 am

    @Jeffro:

    National Truth and Retribution* Commission

    I like the sound of that, although probably it ought to be called something else to make it seem less obvious.

  23. 23.

    MomSense

    January 31, 2020 at 11:41 am

    @Jeffro:

    Now that Trump is off the hook again, he’s going to double down on the cheating.  Crushing them probably means just barely winning adjusted for the cheating and voter suppression.

  24. 24.

    SFAW

    January 31, 2020 at 11:42 am

    @Jeffro:

    Over half the country, already, right now, wants trumpov removed from office

    But none of them are “real” Americans, and thus will not be allowed to vote.

    We are going to crush them in November, and then it’s time for that ‘National Truth and Retribution* Commission’

    *or whatever its eventual, official name is ;)

    Thanks for getting the name right, first time.

  25. 25.

    Barbara

    January 31, 2020 at 11:43 am

    @randy khan: He isn’t running again.  He is free from political pressure. Once again, associating with Trump just exposes the low character and cowardice that was there all along waiting to be exploited.

  26. 26.

    germy

    January 31, 2020 at 11:43 am

    @SFAW:

    But none of them are “real” Americans, and thus will not be allowed to vote.

    They’re not from the “Heartland” ?

  27. 27.

    The Dangerman

    January 31, 2020 at 11:43 am

    On first coffee (read: always dangerous), and I think I’ve posted this thought previously (maybe not), but I don’t see how, in the long run, this plays well for Republicans. Blue States become more blue. Purple States trend more blue…

    …and, fine, maybe Red States get even more red as a reactionary response to the above. Unless they think they can continually govern, at best, with Electoral College only victories and continue even THAT while playing to the racist, sexist … ah, hell, let’s just call it Trumpian … basest of the base, eventually, they are well and truly fucked. Now, maybe McConnell doesn’t care, as he may be dead by that time, but there is a reckoning and it ain’t gonna be pretty.

  28. 28.

    gvg

    January 31, 2020 at 11:44 am

    @balconesfault: They have a choice. If they remove him from office, they can ALSO vote to not permit him to run again. OR they can leave him the possibility.  It’s an extra penalty they MAY use but don’t have to.

    Trump is spiteful. If they actually removed him, they would be crazy to leave him that option but I think it’s a moot point (not going to remove)

  29. 29.

    MattF

    January 31, 2020 at 11:44 am

    @MomSense: That could be interesting and entertaining. However, I’d assume that Putin has Kompromat on everyone, some verifiable some not– so we’re talking about a tsunami of unverified stuff.

  30. 30.

    West of the Rockies

    January 31, 2020 at 11:45 am

    @Major Major Major Major:

    Well, it’s certainly a test of the Republican party and conservative voters

    They failed horribly.

  31. 31.

    Dorothy A. Winsor

    January 31, 2020 at 11:52 am

    I just spent a few days with my SIL and her husband in Florida. They hate Trump but are firmly convinced he’ll be re-elected via the Electoral College. It was depressing.

  32. 32.

    Brendan in NC

    January 31, 2020 at 11:52 am

    @randy khan:  How about the F*** Your Feelings Commission

  33. 33.

    Barbara

    January 31, 2020 at 11:52 am

    @The Dangerman: I think this will be true for certain states.  It depends on where the population is concentrated.  I am linking to an NYT article on Virginia this morning, noting that in 2019 24% of the population lives in a rural location, compared to 47% in 1990.  Where that trend applies in other states, expect the same kind of shift.

    Virginia Article

  34. 34.

    oldster

    January 31, 2020 at 11:53 am

    “We have only to kick in the door and the whole rotten structure will come crashing down.”

    Hitler’s words apply perfectly to the Republican leadership (better, in fact, than they applied to the Soviet army).

    Every one of the Republican big-wigs knows how evil and dangerous Trump is. We have them on record saying so, from the 2016 primary — Graham, Rubio, McCarthy, all of them. Every one of them knows that when they coddle and conciliate him, they are betraying their country.

    But they are too weak and spineless to resist.

    I knew that Republicans were evil. But I am still surprised at how swiftly they collapsed into the party of Trump.

  35. 35.

    catclub

    January 31, 2020 at 11:57 am

    @germy: I think if Trump does not win in November they will shred every document in the building before a responsible admin comes in. Also de-gauss all the disk drives.  Document retention laws be damned.

  36. 36.

    germy

    January 31, 2020 at 11:58 am

    @catclub:  Hillary used bleach, so both sides really.

  37. 37.

    MCA1

    January 31, 2020 at 11:59 am

    @Immanentize: Given that he used the phrase “capital punishment” a couple times in his justification of the U.S. Senate fully capitulating to the worst American, I’d say it’s the latter.  He knows exactly what the Constitution says and he doesn’t care and is arguing in bad faith, just like every other Republican.

  38. 38.

    catclub

    January 31, 2020 at 12:00 pm

    @germy: Dershowitz is denying it, but he clearly said that anything Trump does to ensure his re-election cannot be an impeachable offense.  That includes sabotaging voting machines in Milwaukee and Chicago.

  39. 39.

    Sab

    January 31, 2020 at 12:01 pm

    Democrat here, from Ohio. Have voted for Republicans in my past. Never will again. They are a crime spree. Portman’s phones are all full. So we can’t send messages. Of course they are.

  40. 40.

    scav

    January 31, 2020 at 12:01 pm

    America may very well have a heartland, but it’s certainly filled with a lot of obvious plaque.  Hardline fatty deposits

  41. 41.

    The Moar You Know

    January 31, 2020 at 12:01 pm

    The GOP was always a movement in search of a cult of personality.  They finally found the perfect Big Brother that they’ve always been looking for.

    I just hope that the orange piece of shit lives through the election, because the last thing this nation needs is a GOP driven by the memory of their martyred Great Leader.

  42. 42.

    jimmiraybob

    January 31, 2020 at 12:01 pm

    A new declaration for our times (note to self: start tee shirt business):

    Jury Nullification in defense of Constitution Nullification is no vice!

  43. 43.

    catclub

    January 31, 2020 at 12:03 pm

    One thing Trump will not do: Proudly announce that the stock market tanked the day he gets acquitted by the Senate.

  44. 44.

    JPL

    January 31, 2020 at 12:08 pm

    @MomSense: Only the DNC emails are worthy to print.   I think they all had foreign funds pumped into their campaigns.

  45. 45.

    Jim, Foolish Literalist

    January 31, 2020 at 12:08 pm

    just turned on MSNBC and (very Gomer Pyle voice, or is it Goober?) Surprise, surprise, surprise

    The NYT has a new leak about Bolton: Trump told Bolton to call Zelensky

  46. 46.

    Toedancer

    January 31, 2020 at 12:08 pm

    If there are no witnesses called – America doesn’t just have an Autocracy problem, but sliding into Fascism-Lite, today, not in 10 years. The unending barrage of crisis & moral collapse is beyond words; the common thread is to proclaim an absolute right for the leader, an absolute denial of rights for everyone else.

  47. 47.

    delk

    January 31, 2020 at 12:09 pm

    Someone should tell Lamar what the first line of his obituary is going to state.

  48. 48.

    randy khan

    January 31, 2020 at 12:10 pm

    @Barbara:

    He isn’t running again.  He is free from political pressure. Once again, associating with Trump just exposes the low character and cowardice that was there all along waiting to be exploited.

    Well, there is my third point.  But I also presume that the kind of high-character person who gets elected to the Senate as a Republican would prefer to serve out his last few months without flying monkey attacks, and would see that as a higher value than achieving justice.

  49. 49.

    randy khan

    January 31, 2020 at 12:11 pm

    @Brendan in NC:

    I could work with that.  If we wanted to be a little less obvious, we could call it the efgoldman Commission.

  50. 50.

    MCA1

    January 31, 2020 at 12:12 pm

    @randy khan: Their lack of imagination and ability to think longer term, beyond the tactics of the moment, is astounding, though.  They f’ing hate Trump.  Hate him.  And the Democrats handed them the perfect off-ramp.  Hold a real trial, and Trump is daily humiliated for the whole world to see.  Support for removal would quickly approach 2/3 of the public, and half of the base they’re all so scared of would start to see him as a loser.  Then they could jettison him without fear of reprisal, because it’s already too late for primary challengers and the fire’s been taken out of the MAGAts, and position themselves as a responsible party who, golly, didn’t realize how incredibly corrupt that guy was but they sure are cutting the cord now.

    Instead they’re hitching the longterm health of their party to a mob boss with manifestly the lowest character of anyone to ever sit in the Oval Office, by completing ceding the power of Congress in open dereliction of their duty to defend the nation and the Constitution.  It’s madness.

  51. 51.

    Searcher

    January 31, 2020 at 12:13 pm

    @The Dangerman: The next step is stepping up the violent intimidation of the opposition.

  52. 52.

    Searcher

    January 31, 2020 at 12:15 pm

    @Dorothy A. Winsor: They’re in Florida, dammit!  Florida has a way better chance than former-swing-state Ohio to play the deciding role in this year’s election.

  53. 53.

    germy

    January 31, 2020 at 12:17 pm

    FiveThirtyEight
    @FiveThirtyEight

    Do you think the country will elect a woman president in the next 20 years?
    Stacey Abrams: Yes.

    Do you think they’ll elect a black woman?
    Stacey Abrams: Yes.

    Do you think they’ll elect you?
    Stacey Abrams: Yes. That’s my plan. And I’m very pragmatic.

    53eig.ht/2tlepja

  54. 54.

    MCA1

    January 31, 2020 at 12:20 pm

    @randy khan: I’ve seen reporting that some of these R’s are whining about how they and their families are being exposed to the vile antics of the MAGA maniacs back home, for even motioning toward the idea of checking Trump, and that fear of vilification and rejection when they leave D.C. is partly driving their cowardice.

    F that noise.  They all created the mob that now stalks them.  The ironic price for avoiding that mob ought to be that they’re mocked and shouted at and hounded out of restaurants for the rest of their lives by the decent people they’ve betrayed.

  55. 55.

    The Dangerman

    January 31, 2020 at 12:22 pm

    @Searcher:

    The next step is stepping up the violent intimidation of the opposition.

    Well, they have done that already in Charlottesville … and paid the price. Maybe not a heavy enough price…

    Going back to the long run thing, what these idiots forget is that liberals own guns, too.

  56. 56.

    Ruckus

    January 31, 2020 at 12:22 pm

    @MCA1:

    I posted this in a thread down below but it looks like it belongs here so I’m putting it here as well.

     

    A smart boss choses the people who work for him/her to be smarter, better skilled at the job hired for because it makes their job easier and better. A moronic, narcissistic boss will only choose people who are totally subservient and who at least act stupider than himself because he thinks it elevates his person, which to him is far more important than the job hired for.

    And this is the republican party. Their leader is to be followed right off the cliff, like lemmings. Questioning the leader is just not done. Democrats recognize that we are hiring a person to work for us, republicans believe they work for him. And yes it is overwhelmingly a man because of course women can not lead, only obey. They don’t respect equality because that is in direct opposition to their base concept of humanity. The republican party can not grow because they are stuck with their own dogma of conservation of the white male “mystique.” And trump is the embodiment of that. It matters not that he is nothing like what his mind’s eye sees, it is what he projects that is important. To the true conservative that is the entire point of life.

  57. 57.

    catclub

    January 31, 2020 at 12:28 pm

    @MCA1: and that fear of vilification and rejection when they leave D.C. is partly driving their cowardice.

     

    I expect Lamar Alexander is making sure he gets his wingnut welfare synecure when he leaves the senate.

    Those guys don’t fully retire, typically. They get hired onto big law firms as consultants.

  58. 58.

    Kent

    January 31, 2020 at 12:30 pm

    Long-term (really long term) the country is becoming more urban everywhere.   Problem is that not every state has real cities to absorb the depopulating of rural areas.

    There’s not really that much difference between say North Dakota and Minnesota except for Minneapolis.   Young people flee rural small MN towns and move to Minneapolis so MN keeps them and at least stays purple.  However in ND, young people flee small rural ND towns and ALSO move to Minneapolis, making ND more red.   Because there is really no place in ND to attract them.   Fargo and Bismark are growing due to the oil boom, but are still both tiny.

    Rural states with viable growing cities will likely stay purple or even trend blue.  Rural states with no viable cities will likely just get more red.

  59. 59.

    lee

    January 31, 2020 at 12:38 pm

    I don’t remember back during the Clinton impeachment.

    Wasn’t the rational the Dem senators voting to acquit was that what Clinton did was not worth removal from office?

  60. 60.

    chopper

    January 31, 2020 at 12:39 pm

    @catclub:

    oh yes, trump is going to be ramping up all sorts of horrible illegal bullshit to get reelected. and the GOP has made it clear that they think it’s all okay.

  61. 61.

    randy khan

    January 31, 2020 at 12:43 pm

    @MCA1:

    They are very good at tactics, and very poor at strategy.   Granted, that’s true of most people, but you’d expect more in our political leaders.

  62. 62.

    Kent

    January 31, 2020 at 12:45 pm

    @lee: Censure not removal was the entire point of move-on.org which I think got its start during the Clinton Impeachment.  That is what a lot of Dem senators were hanging their hats on.

  63. 63.

    Dorothy A. Winsor

    January 31, 2020 at 12:48 pm

    @Searcher:

    They’ll vote the right way but I wonder what they’re seeing and hearing that so discourages them.

  64. 64.

    Kelly

    January 31, 2020 at 12:50 pm

    @MCA1:And the Democrats handed them the perfect off-ramp

    That is obvious, astonishing and I hadn’t thought of it until you pointed it out.

  65. 65.

    J R in WV

    January 31, 2020 at 12:58 pm

    @randy khan:

    It’s not automatic – the Senate has to decide whether the acts that led to impeachment and conviction warrant the sanction of never serving in an office of the U.S. again. For example, Alcee Hastings was removed as a federal judge via impeachment, and then elected to the House.

    Here in W Va, the prosecutors have had to start putting it in plea agreements for election fraud that the folks pleading guilty must commit to never running for office again. Otherwise, as soon as the county boss (often a Dem!) gets out of jail and off probation, they run and are reelected.

    Sad. And why in those parts of the state many people are rock-ribbed Republicans, they can’t stand the local Democratic party corruption. A real shame.

  66. 66.

    terraformer

    January 31, 2020 at 1:06 pm

    @catclub:

    That’s the thing, right? We may or may not crush them.

    Even with miraculous turnout and white-hot rage, the dark shadow is (and has been for at least a decade, if not longer), guarding against election fraud. Not voter fraud, which has always been a shiny object, but voting machine and process fraud. Without real election security in place, the vote is ripe for the taking.

    And we know that the Rs have been steadfast in their blockage of any and all substantive action on this which, I think, is their so-called “last bastion of defense” against being relegated to the wild. We know that they’ll stop at nothing to hold onto power. And we know that we don’t have election security. That’s what bothers me the most.

  67. 67.

    Bill Arnold

    January 31, 2020 at 2:42 pm

    @MomSense:

    Now that Trump is off the hook again, he’s going to double down on the cheating. Crushing them probably means just barely winning adjusted for the cheating and voter suppression.

    What it also means is that all[1] (legal[2) political tactics are legitimate now. That necessarily also includes Democrats and their allies. This is sad and purely the fault of the Republicans.
    [1] I’ll exclude attacks on minor children of candidates, since that line hasn’t been crossed much recently. (Was crossed by Rs in the 1990s.)
    [2] This might be illegal. Collating Hacked Data Sets (Bruce Schneier, 2019/01/30)

    For example, in less than 10 seconds she produced a dataset with more than 1,000 people who have high net worth, are married, have children, and also have a username or password on a cheating website. Another query pulled up a list of senior-level politicians, revealing the credit scores, phone numbers, and addresses of three U.S. senators, three U.S. representatives, the mayor of Washington, D.C., and a Cabinet member.

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