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Congress can’t punt its lawmaking responsibility to the attorney general

Congress makes the law; you are innocent until proven guilty; and everyone is entitled to due process of law. These are elementary principles of American government that we all learn in grade school. But they are threatened when Congress gives the U.S. attorney general unilateral power to write the criminal laws his office is charged with enforcing.

It shouldn’t be controversial to say that someone must not go to prison unless he broke a law written by Congress (or a state legislature). But Attorney General Merrick Garland evidently doesn’t see things this way. And, sadly, neither did the Congress that empowered Garland to make up his own criminal code on the fly.

In 2006, Congress passed the Sex Offender Registration and Notification Act (SORNA), which requires states to keep registries for those convicted of sex offenses. SORNA also makes it a federal crime for an offender to fail to register with his state.

But Congress did not want to wade into the messy details of what constitutes a “sex offense,” or what the registration requirements should be. Instead, Congress told the attorney general to issue rules deciding the “time and manner” of registration, the “information required,” and who must register. 

To understand why this became a problem, consider the new rules that Garland issued last year. According to these rules, anyone who has been convicted of a relevant crime is required to register, even if their conviction was expunged. They must register in person, at least once a year, and provide local police with information that includes their Social Security number, internet usernames, work or school information, any international travel, passport and vehicle registration, and professional licenses.

My client — who shall remain anonymous here — was convicted in 1996 of a misdemeanor offense for inappropriately kissing a 16-year-old when he was 23. He was sentenced to probation and required to register as a sex offender.

He took his offense as a wake-up call. He completed hundreds of hours of therapy, obtained college degrees, and did everything he could to become a productive and valuable member of society. By 2002, his conviction was expunged by the State of California, in part because the registration requirement no longer made sense for someone like him. In 2010, a judge issued a certificate of rehabilitation recognizing my client’s extraordinary turnaround. According to California, not only does he not need to register as a sex offender, but he has no criminal history and is considered to be fully rehabilitated. California won’t let him register because it doesn’t consider him to have a conviction.

That doesn’t matter to the U.S. attorney general. Under Garland’s rules, my client must register once again, and if he doesn’t, he is guilty of a federal crime.

Unbelievably, the attorney general has said that in “situations in which a sex offender has failed to do something SORNA requires because it is impossible for him to do so,” such as in this case, he is presumed guilty. It would be up to him to prove his innocence at trial after being arrested and prosecuted by federal authorities — turning the presumption of innocence and due process upside down.

Those convicted of sex offenses often find little sympathy in society, even with the courts that are supposed to protect their constitutional rights. But we should all be terrified about what the attorney general is attempting to do here.

In Gundy v. United States, a plurality of the Supreme Court upheld a different provision of SORNA over a challenge that the law improperly delegated lawmaking power to the attorney general. But it did so by reading a different statute narrowly — and even then, over the dissent of four justices. Justice Brett Kavanaugh, who joined the court since then, has publicly questioned the wisdom of that decision.

It is time for the courts to settle what was left open in Gundy. Writing for four dissenters, Justice Neil Gorsuch recognized that a delegation that “purports to endow the nation’s chief prosecutor with the power to write his own criminal code … scrambles th[e] design” of the Constitution, which “promises that only the people’s elected representatives may adopt new federal laws restricting liberty.” If we allow the attorney general to write and prosecute whatever he thinks the law should be involving sex offenders, we shouldn’t be surprised when he uses that power against another disfavored target.

In America, Congress makes laws, and everyone is innocent until proven guilty. Or, at least, that’s how it should be.

Caleb Kruckenberg is an attorney at Pacific Legal Foundation, a nonprofit legal organization that defends Americans’ liberties when threatened by government overreach and abuse. Follow him on Twitter @Kruckenberg_Esq.

Source: TEST FEED1

Juan Williams: Democratic infighting could spell doom

You’ve heard loud right-wing talkers ‘skinning’ the Democrats as a bunch of commies and socialists. 

What if I told you that more than a third of Democrats, 37 percent, identify as moderates?  Here’s another eye-popper — 12 percent of Democrats say they are conservatives. 

Yes, that means that despite all the talk about Democrats as a radical political party, only 50 percent of Democrats even go far enough to the left to call themselves liberals.  

These poll numbers from Gallup reveal a fascinating fight inside the party over what it means to be a Democrat in 2022. 

This week’s televised hearings of the House Select Committee on January 6 could define Democrats as guardians of 250 years of constitutional order. They would stand in stark contrast to the insurrectionists who violently attacked Congress to keep a cult leader and autocrat in the White House. 

As they confront this moment of history, the Democrats of 2022 are also the only party seriously debating gun control and immigration. The GOP requires conformity, silencing even moderate Republican voices. 

The biggest change among Democrats since the turn of the century is that the party includes more liberals.  

The so-called ‘progressives’ have sharply increased their numbers since 2000 when they were about 30 percent of the party, according to Gallup. The share of Democrats identifying as liberal, which had been steadily rising, only hit 50 percent after Donald Trump won the presidency. 

Democrats have won the popular vote in seven of the last eight presidential elections. They are the dominant party in the nation’s most economically productive cities and their senators collectively represent millions more voters than their Republican counterparts. 

History will also note Republican success in diluting Democrats’ power in Congress due to the GOP’s dominance among conservative white voters. This has helped Republicans win elections in smaller states with more rural and small-town populations. 

The result is divided, polarized, often paralyzed federal government. And that has led to a tremendous rise in the influence of swing voters. The percentage of voters who say they are independent of both parties, 42 percent, is now bigger than the percentage of voters who tell Gallup they are Democrats (28 percent) or Republicans (28 percent). 

The power of swing voters is evident in that seven of the last eight midterm and presidential elections have seen a switch in party control in the House, Senate or White House.  

The fact that a moderate Democrat, Joe Biden, won the presidency in 2020 is evidence that swing voters put a premium on getting back to normal rather than endorsing Trump for a second, divisive term. 

President Biden’s current low approval numbers are evidence that his party remains split, however. 

Some want him to take a stronger stand against Republican extremists who fomented the insurrection at the Capitol, who campaign on lies about a “stolen” 2020 election, and who threaten abortion rights. 

NBC News, reporting the findings of its own polling last month, noted that “among Democratic primary voters, 63 percent say they prefer a candidate who proposes larger-scale policies even if they cost more and might be harder to pass, versus 33 percent who prefer a candidate who proposes smaller-scale policies that cost less and might be easier to pass.” 

The ideological fight among Democrats allows Republicans to claim Biden is unpopular. 

In truth, Biden’s numbers are down because of shifting moods among Democrats and independent voters. 

Republicans have never been Biden supporters. An Economist/YouGov poll last week, broadly consistent with other surveys, found 76 percent of GOP voters believing Biden’s election to have been illegitimate.  

Meanwhile, Trump continues to define the GOP. 

He is viewed favorably by the overwhelming majority of Republican voters and he is the clear favorite to win the party’s 2024 presidential nomination if he chooses to run. 

If Rep. Liz Cheney (R-Wyo.), a vice-chair of the January 6 committee, is defeated in her Wyoming primary in August, the final flickering embers of Trump resistance in the GOP will be extinguished.  

There are no more moderate or liberal Republicans. For that matter, there really aren’t traditional Republicans either.  

There are only Trump Republicans now — or what Biden last month labeled “this MAGA crowd…the most extreme political organization that’s existed…in recent American history.”  

Inside the GOP, there is nothing comparable with the ideological fights among Democrats. 

The shifting lines of political identity among Democrats are on view in this year’s primaries. 

Liberal Democrats have won some key primaries over moderates. Progressive Jamie McLeod-Skinner won a recent U.S. House primary in Oregon despite Biden’s endorsement of incumbent Rep. Kurt Schrader (D), one of the most centrist Democrats in the lower chamber.  

But moderate Democrats have also won several races, including House primaries in Ohio and North Carolina. In a closely-watched House primary in Texas, moderate incumbent Rep. Henry Cuellar (D) appears to have just about rebuffed a challenge from progressive Jessica Cisneros.

Those primary races show a healthy competition of policy proposals inside the Democratic Party. 

It is ironic that the Democratic Party’s commitment to solving problems  by openly debating policy may fuel internal divisions that doom them to defeat in November.   

Juan Williams is an author, and a political analyst for Fox News Channel. 

Source: TEST FEED1

Is your child's car seat fake? Counterfeit items put kids at risk

(NEXSTAR) – With kids out of school for the summer, your family may be spending more time on the road. With all the extra car time, experts are warning parents to be wary of an ongoing dangerous trend: counterfeit car seats that could cost a child’s life.

These products may look and feel like the real thing, but in a crash, they perform much differently.

These counterfeit items aren’t just marketed by shady websites – many have been sold by third-party sellers via some of the world’s biggest retailers, including Amazon and Walmart. The retail behemoths said that in cases of reported counterfeits they have removed the items from their websites promptly.

Quality control from third-party sellers is an ongoing problem for online marketplaces – especially for products like car seats, which can’t typically be tested for efficacy and reviewed by consumers.

“Counterfeit car seats are made with cheaper, flimsier materials that are not able to withstand the forces of a crash,” write Orlando Health‘s Courtney Gleaton and Lina Chico. “These seats are not federally regulated in the U.S. They may appear safe to the untrained eye, but when crash-tested, counterfeit car seats have been shown to shatter into many pieces. Many also have been found to have high levels of chemicals and have highly flammable materials for padding.

In 2019, CNN tested a copycat of a Doona brand car seat from a third-party seller on Amazon – the seat broke apart when tested at 30 mph crash conditions. During the investigation, CNN learned from several child’s brands that their products were actively being knocked off by counterfeiters and sold specifically on Amazon’s marketplace.

While Doona told CNN Amazon is good about removing copycat listings when they appear, legally, Amazon itself isn’t liable for defects on third-party items. The company told the Washington Post it’s constantly scanning for counterfeit listings.

Amazon responded to CNN by explaining that the company has a “high bar” for safety and that sellers must meet these standards.

“We require all products offered in our store to comply with applicable laws and regulations and have developed industry-leading tools to prevent unsafe or non-compliant products from being listed in our stores,” an Amazon spokesperson told CNN.

Counterfeit seats have been a concern in recent years. As WaPo reported in 2019, while more of the imitation products are sold overseas than in the U.S., their presence as third-party sellers on trusted American retail sites is increasing.

How do you know if a car seat meets safety standards? There are few ways:

• The American Academy of Pediatrics’ car seat list, which only includes approved items
• NHTSA‘s Car Seats and Booster Seats resources
• Only purchase directly from the retailer or manufacturer (not a third-party)
• Does the box and/or tags include a manufacturer phone number? A contact number should be listed (red flag if it’s not). If a number is listed and you have questions, call for any possible recall notices or updates you may have missed
• Compare prices – if two of the same brand-name items vastly differ in prices, find out why
• Buy in-person, if possible

While vehicle crashes were recently replaced as the leading cause of death for children in the U.S. by firearm-related injuries, vehicle-related injuries remain a very close second. Crashes were previously the number one killer of children for years.

In addition to ensuring your child’s car seat is real and certified for safety, it’s equally as important to make sure you install and fit the car seat correctly. Earlier this year, the U.S. Department of Transportation’s National Highway Traffic Safety Administration said 46% of car and booster seats aren’t worn correctly.

Source: TEST FEED1

The price of paper

Paper is a great paradox. It is the kind of product we both love and loathe. We want to live in a paperless world, yet we covet our packages, paper goods, printers and publications.

What many don’t know is that we are suffering from a severe global paper shortage and rising paper prices that have repercussions for how we live.

Even in an e-everything world in which technology is replacing certain products, paper remains a staple of life. From wallpaper to toilet paper, from sacred religious texts to treaties, it seems we can’t live with paper, and we can’t live without it.

First, some background: Paper is roughly 2,000 years old, having first been made in China in A.D. 105 using a mixture of mulberry bark, hemp, rags and water, mashed into pulp.  

The first paper mill in America was built in 1690 in Pennsylvania using the ancient Chinese method of shredding old cloth into individual fibers. Later it was discovered that trees, abundant and cheap, provided an ample supply of pulp.

But the price and demand for lumber has significantly increased since the pandemic started, and supply has not kept up. Working from home means more boxes arriving at scattered addresses. COVID-19 has driven many people to construct backyard structures, build new homes and send more gifts in boxes.

According to the U.S. Bureau of Labor Statistics, the costs of pulp and paper for corrugated boxes increased by over 25 percent between 2020 and 2021, making it more expensive to procure paper. 

Experts report that some of the major lumber supply chain problems come from a workforce shortage, a lack of truckers to move materials, manufacturing problems and now the increase in gas prices, all of which affect wood and its delivery.

Over the last couple of years, the price of processed wood products increased significantly. During the first year of the COVID-19 pandemic, processed wood prices nearly quadrupled. Wholesale prices for plywood increased from $400 to $1500 per 1,000 square sheets.

Although it is convenient to blame everything on COVID, the truth is that paper mill production in America has been declining since long before the pandemic. Like many aspects of industrialization, we are losing American made manufacturing and products, and that means paying more to get goods here.

Global politics also impact wood and paper since the leading timber-producing countries are China, the U.S. and Japan. (The U.S. contributes 18 percent of the world’s timber production.)

The war between Russian and Ukraine also factors into the paper disruptions in supply and price. Russia is a significant player in the world wood products market. In 2020, Russia exported over $8 billion in wood products, making it the world’s fourth-largest exporter. In 2021, that number rose to $12 billion.

Add climate change to the list of paper problems. As global temperatures rise, trees around the world are experiencing longer growing seasons, sometimes as much as three extra weeks per year.

Paper is also about politics. Remember all those arguments over ballots and how people cast them? An entire presidential election was held in limbo over so-called “hanging chads.” And we are still arguing about how we count votes in local, state and national elections.

For now, expect paper prices to keep rising along with other goods. You may hate all that junk mail and those useless flyers cluttering your mailbox. But they cost big bucks, as do paper election ballots and hard-copy magazines.

As for recycling paper, do it. It protects the environment and saves trees. Each ton of recycled paper can save 17 trees.

Paper is a simple concept that has grown increasingly complex over decades in terms of cost, availability, the environment and the advent of global technology. If we can untangle the problems around paper, we might be able to unpack our way through a thicket of global issues.

Tara D. Sonenshine is the Edward R. Murrow Professor of Practice in Public Diplomacy at The Fletcher School of Law and Diplomacy at Tufts University. Follow her on Twitter @TSonenshine.

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Senate gun negotiations come into greater focus

Lawmakers involved in the ongoing bipartisan negotiations seeking to produce some form of gun-related legislation said on Sunday that a deal could coalesce around funding for mental health services, school security and an expansion of background checks.

Sens. Chris Murphy (D-Conn.) and Pat Toomey (R-Pa.), who are part of the bipartisan talks, indicated in separate interviews that the potential package could also include incentives for states to implement red-flag laws.

Murphy told CNN “State of the Union” co-anchor Jake Tapper that the group would look to present “concepts” to lawmakers in the next five days to see if a deal was possible but cautioned it remained unclear if the talks would bear fruit.

“I think, this week, we need to have concepts to present to our colleagues. I don’t know that we’re going to vote this coming week, but we need to make decisions on whether or not we have a sustainable package in the next five days,” Murphy said.

Tapper asked the Connecticut Democrat that despite preparing for failure if he thought the talks would work.

“I’m more confident than ever that we’re going to get there, but I’m also more anxious about failure this time around,” Murphy responded.

The bipartisan negotiations were sparked by a mass shooting at an elementary school in Uvalde, Texas, that left 19 children and two teachers dead. That came just 10 days after a shooting at a supermarket in Buffalo, N.Y., killed 10, where the shooter deliberately targeted Black people.

On Wednesday, a gunman opened fire at a medical building in Tulsa, Okla., killing four people before turning the gun on himself. At least 233 mass shootings have taken place so far in the United States this year alone.

According to a new CBS poll taken about two weeks after the Uvalde shooting, 81 percent of American parents with school-aged children support background checks for all potential buyers, while 72 percent back a national red-flag law system and 62 percent support banning the AR-15 semiautomatic rifle.

But bipartisan negotiations seeking to curb gun violence after high-profile shootings have come and gone before. 

A bill by Toomey and Sen. Joe Manchin (D-W.Va.) in 2013 to expand background checks for firearm purchases fizzled after it became clear it would not surpass the Senate filibuster, a 60-vote threshold required for most legislation.

Toomey said on CBS’s “Face the Nation” on Sunday that any new deal had to be “realistic,” expressing hope that at least half of Senate Republicans — a total of 25 lawmakers — would vote in favor of a potential package.

He said background checks were part of the new round of bipartisan talks, but an expansion would “probably” look different than the 2013 proposal.

“It hasn’t been finally resolved,” Toomey told moderator Margaret Brennan. “But something in the space of expanding background checks, I think it certainly is on the table, and I hope it will be part of a final package.”

Murphy had said on Sunday that the new potential deal would not include “comprehensive” background checks for firearm purchases but agreed strengthening the current system was possible. The Hill has reached out to Murphy and Toomey’s offices asking for additional details on the state of the background check talks.

Even if some Senate Republicans end up voting for the potential package, the proposals could face opposition from some GOP lawmakers in the House, where Democrats control the chamber by a razor-thin margin and every seat in the chamber is up for election.

House Minority Whip Steve Scalise (R-La.) on Sunday said he does not support legislation on red-flag laws, which enable people to petition a court to prevent an individual deemed a danger to themselves or others from possessing or obtaining firearms.

Scalise told “Fox News Sunday” guest host John Roberts that red-flag laws are “unconstitutional,” saying it violates the Second Amendment right to bear arms when they seize firearms from an individual a court deems is a threat.

“They literally come into your house and take away your gun without you even knowing that there was some kind of proceeding where somebody said, ‘Oh, I think that gun might be a threat,’ ” Scalise said. “Maybe somebody thought taking away a gun from a 19-year-old is going to solve a problem. It happens to be unconstitutional.”

Scalise blamed Democrats for a rise in gun violence across the U.S., pointing to the “defund the police” movement and what he claimed were loose policies from city district attorneys.

“They’re letting criminals back out on the streets and inevitably what you see is higher rates of crime,” Scalise said on Fox. “And what you’re also seeing is more and more American citizens, law-abiding citizens, buying guns to defend themselves.”

On ABC’s “This Week,” Transportation Secretary Pete Buttigieg, a former mayor of South Bend, Ind., said mayors can take steps to reduce community violence and invest in partnerships.

“But you’re also looking at Washington to say will anything be different this time?” he said.

“The idea that us being the only developed country where this happens routinely, especially in terms of the mass shootings, is somehow a result of the design of the doorways on our school buildings, is the definition of insanity if not the definition of denial,” Buttigieg said.

Source: TEST FEED1

Murphy signals 'concepts' of gun bills could come this week

Sen. Chris Murphy (D-Conn.), a leading gun control advocate in the Senate involved in recent bipartisan talks on the issue, said on Sunday that he is “more confident than ever” that a gun deal could be reached after a string of recent mass shootings.

A group of senators from both parties has been meeting about legislation to curb gun violence ever since a mass shooting killed 21 people at Robb Elementary School in Uvalde, Texas, last month. The group, which includes nearly a dozen senators, has met at least four times.

When asked by CNN “State of the Union” co-anchor Jake Tapper if this is a “do-or-die” week for the potential package, Murphy expressed optimism that the group spearheading the talks could soon reach a framework.

“I think, this week, we need to have concepts to present to our colleagues,” Murphy said. 

“I don’t know that we’re going to vote this coming week, but we need to make decisions on whether or not we have a sustainable package in the next five days,” he added.

Murphy said the talks are focused on mental health funding, school safety measures, background checks and red-flag legislation.

Any such package would have to survive a filibuster, the Senate’s 60-vote threshold for most legislation. Gun control measures in years past have largely failed to pass the upper chamber.

“I’m more confident than ever that we’re going to get there, but I’m also more anxious about failure this time around,” Murphy said.

Murphy also said he has talked to the White House “every single day” about the negotiations, but said the Senate needed to “do this ourselves.” 

President Biden last week pledged to meet with lawmakers about enacting gun legislation in response to recent mass shootings, but White House press secretary Karine Jean-Pierre indicated at a briefing later that day that Biden would keep some distance from the negotiations to allow them to play out.

Source: TEST FEED1

Toomey says Biden not 'helpful' amid negotiations on gun legislation

Sen. Pat Toomey (R-Pa.) said on Sunday that President Biden has not been “helpful” amid congressional negotiations on gun reform in the wake of a string mass shootings in the U.S. 

“I think the president might have been a president who would reach across the aisle try to bring people together,” Toomey told moderator Margaret Brennan on CBS’s “Face the Nation.”

“But he’s chosen not to take that approach,” Toomey added. “Since day one, he has sided with the far left of his party and really not reached out to Republicans.”

Toomey, who is part of the bipartisan group that is discussing creating gun reform legislation, also said that “the president is not being very helpful.”

“I think at the end of the day, this is going to come down to whether we can reach a consensus in the United States Senate.”

Biden last week urged Congress to pass legislation on gun reform, suggesting laws to expand background checks, implement a national red flag law system and ban assault rifles. 

Toomey also said in the CBS interview that he hopes half of his Republican colleagues in the Senate will vote for a potential deal on gun reform legislation if one arises. 

“My hope is we’ll get at least half the Republican conference,” Toomey told Brennan. “That should be the goal here. We’re going to have to be realistic about what can do that.”

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Trump endorses McCarthy as 'strong and fearless' House GOP leader

Former President Trump endorsed House Minority Leader Kevin McCarthy (R-Calif.) on Saturday, calling him “strong and fearless.”

In a post on social media site Truth Social, Trump said McCarthy is an “outstanding representative for the people of California.”

“In Congress, Kevin is a tireless advocate for the people of Bakersfield and the Central Valley. He is working incredibly hard to Stop Inflation, Deliver Water Solutions, and Hold Joe Biden and Nancy Pelosi Accountable for their catastrophic failures and dereliction of duty,” Trump wrote. “Kevin McCarthy has my Complete and Total Endorsement.”

Trump’s endorsement comes after The New York Times leaked audio tapes in April showing McCarthy had discussed with other GOP lawmakers the possibility of telling the former president to resign if he were impeached for the Jan. 6, 2021 uprising at the U.S. Capitol.

On Jan. 10, 2021, McCarthy said during a GOP conference call that he was considering telling Trump — if the then-president were impeached — “it would be my recommendation you should resign.”

The bombshell audio tapes sparked headlines, given that Trump has repeatedly gone after any Republicans who have not supported his unproven claims of election fraud or voted to impeach him following the Jan. 6 rioting.

After the leak, Trump said he “didn’t like the call,” but explained his relationship with McCarthy was still intact because the California congressman had inevitably sided with Trump.

“I think it’s all a big compliment, frankly,” Trump said in an interview with The Wall Street Journal. “They realized they were wrong and supported me.”

McCarthy, who hauled in a record $31.5 million in campaign funding during the first quarter of the year, faces a primary challenge in a newly drawn 20th Congressional District against several opponents.

The primary election is scheduled for Tuesday.

Source: TEST FEED1

Kansas City mayor advocates for tougher gun laws

Kansas City Mayor Quinton Lucas (D) on Sunday advocated for tougher gun laws to protect citizens in a host of public spaces in response to mass shootings that have plagued the U.S. in recent weeks.

In addition to filing lawsuits against gun manufacturers, Lucas told CBS “Face the Nation” moderator Margaret Brennan that mayors would like to “clamor for more authorities to be able to help prevent gun violence.”

“We need stronger and tougher laws to protect our children,” Lucas said. “Protect our grocery stores, protect our police officers. If you back the blue, you back common-sense gun reform.”

In response to a question about Sen. Pat Toomey (R-Pa.) saying that no promises should be made when it comes to bipartisan talks on gun-related legislation, Lucas that it was unfortunate many Republican talking points on the issue include pointing fingers at local Democratic authorities.

“I’m incredibly disappointed to hear this big set of ideas that they have and then basically just thrown up their hands and blaming it on prosecutors, fathers not being in the home and a number of issues other than gun violence in our cities,” Lucas said.

When asked whether it worked to have school districts that allow staff to carry guns in classrooms, as Missouri allows, Lucas said: “No, no, it does not.”

Brennan repeatedly referred to gun violence in the city, with the FBI ranking it as the eighth deadliest in terms of murder rates. When asked what a locally-driven solution might be, Lucas pointed to a measure that curbs access to guns by domestic violence offenders.

“[P]revention is probably the most important step not just to local gun violence that we see every day, but also mass shootings. If you just have people showing up after a scene, as we’ve seen, tragically in Uvalde, and around America, then we will never get in front of this problem,” Lucas said.

Source: TEST FEED1