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The Supreme Court Just Dealt a Blow to Voting Rights Advocates

Mother Jones

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Ohio’s Golden Week—a period when voters can register and cast ballots early at the same time—will not be in place for the November election. The US Supreme Court on Tuesday unanimously affirmed an appeals court panel decision and stonewalled a last-ditch effort by Ohio Democrats to restore the extra week during the state’s early voting period.

The saga began in February 2014, after the state’s Republican-led Legislature passed a series of voting restrictions that included eliminating Golden Week and same-day voter registration. The Ohio branch of the NAACP filed a lawsuit in May 2014, alleging the changes disproportionately affected minority voters. That September, a federal district judge granted an injunction halting the state’s early voting restrictions. The state appealed, and a panel on the 6th Circuit Court of Appeals upheld the district court’s decision. But later that month, the Supreme Court put the order on hold, which kept the state’s initial restrictions in place for the midterm election.

After the election, the state’s NAACP reached a settlement with Ohio Secretary of State Jon Husted that resulted in additional evening hours and another Sunday added to the early voting period, but the settlement may not have gone far enough. The Ohio Democratic Party, along with two other county Democratic organizations, later joined a lawsuit on behalf of several individuals to challenge the measures, arguing that they were discriminatory and disproportionately affected minority voters. (The Ohio Organizing Collaborative filed the initial suit in May 2015, but later withdrew.)

They claimed the rollbacks violated the 14th Amendment and Section 2 of the Voting Rights Act, which prohibits discriminatory voting practices or procedures on the basis of race, color, or language. In May, a federal district judge ruled that the reductions disproportionately burdened African American voters and resulted “in less opportunity for African Americans to participate in the political process than other voters.” But a federal appeals court panel disagreed and reversed the lower court’s ruling in August. “This case presents yet another appeal…asking the federal courts to become entangled, as overseers and micromanagers, in the minutiae of state election processes,” wrote Judge David McKeague in the majority opinion. “The undisputed factual record shows that it’s easy to vote in Ohio. Very easy, actually,” he added later. The Supreme Court today agreed.

Some experts, such as University of California-Irvine professor and election law expert Rick Hasen, still consider the state’s 29-day early voting period “exceedingly generous.” In a blog post after the 6th Circuit Court of Appeals’ decision, he wrote, “While I might support Golden Week as good policy, I worry when courts are used in this way to prevent every cutback in voting, especially after voting rights proponents had settled a suit with Ohio on favorable terms.”

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The Supreme Court Just Dealt a Blow to Voting Rights Advocates

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Trump says, “Science is science and facts are facts,” and explains his “facts” on climate change.

Accusations that Stein is an anti-vaxxer have followed the Green Party candidate throughout the race, even though she’s a Harvard-educated physician and not a graduate of the Jenny McCarthy school of medicine.

In a ScienceDebate.org survey of presidential candidates’ views on science, Stein gave them a somewhat modified answer on vaccines.

“Vaccines prevent serious epidemics that would cause harm to many people,” she said, adding:

To reverse the problem of declining vaccination rates, we need to increase trust in our public health authorities and all scientific agencies. We can do that by removing corporate influence from our regulatory agencies to eliminate apparent conflicts of interest and show skeptics, in this case vaccine-resistant parents, that the motive behind vaccination is protecting their children’s health, not increasing profits for pharmaceutical companies.

Stein’s been accused of pandering to anti-vaxxers before, for saying, “There were concerns among physicians about what the vaccination schedule meant … There were real questions that needed to be addressed.”

While she’s still hitting on her point about corporate influence, she’s sounding less loony these days.

In the same questionnaire, however, Stein didn’t budge on another topic in which she stands at odds with the scientific community: GMOs. She wants to place a moratorium on GMOs until they have been proven safe.

Of course, those persnickety scientists will tell you it’s impossible to prove anything is safe — but that’s not a reason to dismiss new plant varieties or lifesaving shots.

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Trump says, “Science is science and facts are facts,” and explains his “facts” on climate change.

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A Federal Appeals Court Just Sided With the Ohio GOP in a Voting Rights Case

Mother Jones

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A divided panel of judges on the 6th Circuit Court of Appeals ruled Tuesday that a lower court erred by reinstating Ohio’s “Golden Week,” a period when Ohio voters could register to vote and cast absentee ballots at the same time.

“This case presents yet another appeal (there are several pending in the Sixth Circuit alone) asking the federal courts to become entangled, as overseers and micromanagers, in the minutiae of state election processes,” reads the majority opinion written by Judge David McKeague. He added that Ohio is a “leader” compared with other states when it comes to early voting opportunities, and that the “undisputed factual record shows that it’s easy to vote in Ohio. Very easy, actually.”

The case, Ohio Democratic Party v. Husted, was filed after Republican state lawmakers introduced a host of voting restrictions in 2013, including the elimination of Golden Week and same-day voter registration. The Ohio Democratic Party, among others, sued in May 2015, arguing that the reductions violated the 14th Amendment and Section 2 of the Voting Rights Act, which prohibits discriminatory voting practices or procedures. A district court judge in Ohio agreed, ruling in May 2016 that the cuts impose “a modest, as well as a disproportionate, burden on African Americans’ right to vote.”

Judge Jane Stranch, the one dissenting vote on the ruling, wrote that the majority opinion overturned a decision that was based on a 10-day bench trial that included more than 20 witnesses (8 of whom were experts) and produced a 120-page opinion that dismissed many of the claims by voting-rights advocates. But this decision acknowledged that the elimination of both Golden Week and same-day voter registration went too far, even as the lower court disagreed with other challenges to voting restrictions originally brought in the case. Judge Stranch noted that the trial included evidence that African Americans in Ohio used early in-person voting and Golden Week at higher rates than whites in 2008 and 2012, and that it demonstrated the importance of early voting for black voters because of factors including more limited overall access to transportation and less flexible work schedules than their white counterparts.

“A great deal of work underlies the district court’s conclusion on this important subject,” Stranch wrote. “Both that work and the substantial support found in the record stand in opposition to the majority opinion’s blithe assertion ‘that it’s easy to vote in Ohio. Very easy, actually.'”

Ohio Secretary of State Jon Husted, a Republican, celebrated Tuesday’s ruling:

Marc Elias, one of the main Democratic lawyers working the case (and the attorney for Hillary Clinton’s presidential campaign, which was not a party to this case), tweeted:

The Constitutional Accountability Center, a judiciary advocacy group, which had filed an amicus brief in support of keeping Golden Week on the books, slammed Tuesday’s decision. David Gans, the center’s director of the Human Rights, Civil Rights, and Citizenship Program, wrote in a statement, “Today’s 2-1 decision…rubber-stamps Ohio’s decision to cut back on early voting and same-day registration, failing to ensure that the state respected the voting rights of all Ohioans. The court’s decision will make it harder for racial minorities and others to cast a ballot this coming Election day.”

Rick Hasen, an elections expert at the University of California-Irvine, wrote on Tuesday that Ohio’s 29-day early voting period was already “exceedingly generous.” He acknowledged that while he “might support Golden Week as good policy, I worry when courts are used in this way to prevent every cutback in voting, especially after voting rights proponents had settled a suit with Ohio on favorable terms.”

Unless the Ohio Democratic Party appeals to the full 6th Circuit or the US Supreme Court, Golden Week and same-day registration will not be in place for the election in November.

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A Federal Appeals Court Just Sided With the Ohio GOP in a Voting Rights Case

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Hillary Clinton Needs to Run a Squeaky Clean Presidency

Mother Jones

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Jon Chait argues that although Hillary Clinton obviously isn’t the monster that conservatives paint her as, she really does have some ethical problems that she needs to deal with:

The most enduring aftereffect of her extended primary fight with Sanders was to import Republican attacks on her character into liberal messaging. Sanders emphasized real issues like collecting speaking fees from Goldman Sachs rather than fake issues like the murder of Vince Foster, but the impact was the same — it reintroduced Clinton, to a generation that had never voted for her or her husband, as a shadowy, duplicitous insider. Endorsing all sorts of liberal programs Congress will never pass and letting Sanders’s supporters write the party platform hardly solves this problem.

The risk that Clinton’s tainted image will defeat her is small but real enough to merit concern. The much larger risk is that her lax approach to rule-following and ethical conflicts will sink her presidency.

A little appreciated facet of Obama’s presidency is that it was almost entirely scandal free. This didn’t stop Republicans from trying to invent scandals, of course, as the endless Benghazi witch hunt proves. But none of the Obama “scandals” ever caught on. There are two potential reasons for this:

  1. They were all ridiculous.
  2. Obama has such a clean reputation that they just didn’t stick.

If you think the answer is #1, then I admire your optimistic view of Washington and the political press corps and wish you the best of luck in your future political analysis.

The real answer, plainly, is #2. Both Hillary Clinton and Barack Obama have been the target of dozens of equally invented scandals. In Clinton’s case, the press follows them endlessly. In Obama’s case they don’t. Why? Because in Obama’s case they don’t fit a narrative. Obama has a reputation as a wonky guy who runs a tight ship and doesn’t play games. Because of this, invented nonsense will get a few days or weeks of coverage, but that’s usually it.

Clinton, needless to say, has a reputation that’s just the opposite. Mostly this is undeserved, but not entirely. That doesn’t really matter, though. What matters is that she has the reputation she does, and that means scandals fit the press narrative of who she is. So when Republicans launch attacks on her, it doesn’t much matter if there’s any substance to them. The press will play along endlessly.

This means that Chait is right: if Hillary wants to avoid a failed presidency, she needs to be squeaky clean. That won’t stop the attacks, but at least it will blunt them. Conversely, if there’s even one scandal that has some real truth to it, it will dog her for her entire presidency. I hope she gets this.

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Hillary Clinton Needs to Run a Squeaky Clean Presidency

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I Just Texted With the DNC Hacker…

Mother Jones

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The hacker or hackers working under the pseudonym “Guccifer 2.0” released another set of documents Friday, this time posting a series of documents that appear to have been stolen from the internal Democratic Congressional Campaign Committee network. The latest dump includes personal contact information for dozens of members of Congress, along with memos related to a campaign in Florida’s 18th Congressional District, and other internal DCCC documents, and is titled “Guccifer 2.0 Hacked DCCC.”

The hacker(s)’ site had been dormant for nearly a month before the DCCC documents were posted Friday evening, and over the last several weeks multiple news outlets have cited anonymous US government officials as saying that they believe the hacks are not the work of a lone hacker—as the hacker claimed in interviews with Vice News’ Motherboard and Mother Jones, among others—rather they’re the work of Russian intelligence groups or hackers working with the Russian government in an alleged effort to divide Democrats and aid Republican nominee Donald Trump.

On Wednesday, the New York Times reported that US government officials believe the hack, which was first publicly acknowledged by the Democratic National Committee on June 14, was much wider than initially thought, and could have targeted several Democratic political organizations along with the private email accounts of more than 100 Democratic Party officials and other groups.

Shortly after the documents were released Friday, Guccifer 2.0 answered a series of questions for Mother Jones via Twitter direct messaging. Here’s our semi-casual exchange:

At that point, the hacker(s) stopped communicating with me.

The initial release of hacked documents from the DNC, and the subsequent release of nearly 20,000 DNC emails and thousands of attachments by Wikileaks, showed signs that some Democratic Party officials did not like Bernie Sanders and discussed ways to undermine his campaign. The controversy led to the resignation of then-DNC Chairwoman Debbie Wasserman-Schultz and several other top party officials, and cast a shadow over the Democratic National Convention in Philadelphia. The DNC later publicly apologized to Sanders for “inexcusable” behavior of those officials.

The hacker(s) included a message about US elections along with the stolen documents posted Friday: “As you see the U.S. presidential elections are becoming a farce, a big political performance where the voters are far from playing the leading role. Everything is being settled behind the scenes as it was with Bernie Sanders. I wonder what happened to the true democracy, to the equal opportunities, the things we love the United States for,” the hacker(s) wrote. “The big money bags are fighting for power today. They are lying constantly and don’t keep their word. The MSM are producing tons of propaganda hiding the real stuff behind it. But I do believe that people have right to know what’s going on inside the election process in fact.”

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I Just Texted With the DNC Hacker…

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A Republican Senator Just Announced They Won’t Endorse Donald Trump. Here’s Why.

Mother Jones

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On Monday, Senator Susan Collins (R-ME) announced in a Washington Post op-ed that she would not be voting for her party’s nominee, Donald Trump.

I will not be voting for Donald Trump for president. This is not a decision I make lightly, for I am a lifelong Republican. But Donald Trump does not reflect historical Republican values nor the inclusive approach to governing that is critical to healing the divisions in our country.

Some will say that as a Republican I have an obligation to support my party’s nominee. I have thought long and hard about that, for being a Republican is part of what defines me as a person. I revere the history of my party, most particularly the value it has always placed on the worth and dignity of the individual, and I will continue to work across the country for Republican candidates. It is because of Mr. Trump’s inability and unwillingness to honor that legacy that I am unable to support his candidacy.

Collins is one of the famed yet elusive GOP “moderates” so it’s not like this will change the minds of a lot of Trump diehards, but it’s still a big deal if only because Trump is making a play to win her state.

Collins will not however be going the next logical step and endorsing Clinton. She says in the piece that she doesn’t support either of the parties’ nominees.

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A Republican Senator Just Announced They Won’t Endorse Donald Trump. Here’s Why.

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Green Party Sees Opportunity Amid Wide Voter Discontent

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The party, which held its convention on Saturday in Houston, has a new sense of vitality as its candidate, Jill Stein, draws about 5 percent in polls.

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Green Party Sees Opportunity Amid Wide Voter Discontent

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Green Party Sees Opportunity Amid Wide Voter Discontent

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Donald Trump Roundup For Wednesday Evening

Mother Jones

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I had to take a quick trip to Procyon 5 this afternoon and my ansible broke down. So I’m out of touch. What’s been going on? I see that Trump spokesperson Katrina Pierson has admitted that Obama wasn’t responsible for the death of Captain Humayun Khan in 2004:

Given the opportunity to apologize the next morning on the same network, Pierson said grudgingly, “apologize for the timeline,” before launching into another full-throated defense of Trump.

Now we’re talking! Maybe this means the Trump team is finally making its long-awaited pivot to a more restrained general election posture. What do you think about that, Joe Scarborough?

During a conversation with former CIA director Michael Hayden, Scarborough said a “foreign policy expert on the international level” advised Trump several months ago and the Republican nominee for president asked questions about nuclear weapons that might terrify you.

“Three times he asked about the use of nuclear weapons. At one point, ‘If we have them, why can’t we use them?’,” Scarborough said that Trump had inquired. “Three times in an hour briefing, ‘Why can’t we use nuclear weapons?’”

That’s…not so good. But it was “several months ago.” Let’s not hold it against Trump. How are other Republicans reacting to all this?

Oh dear. Well, at least Trump still has Newt Gingrich. I mean, the guy defended Trump even when he said he might not defend a NATO ally against a Russian attack. That’s a true friend. What do you have to say, Newt?

“Trump is helping Hillary Clinton to win by proving he is more unacceptable than she is….Anybody who is horrified by Hillary should hope that Trump will take a deep breath and learn some new skills,” he said. “He cannot win the presidency operating the way he is now. She can’t be bad enough to elect him if he’s determined to make this many mistakes.

Anyone else want to weigh in?

Ed Rollins, a co-chairman of a super PAC backing Donald Trump, thinks that Trump is watching too much TV, and that he needs something akin to horse blinders, because he gets too caught up in attacking his opponents.

“I think one of Donald Trump’s singular difficulties with this campaign is that he sits and watches TV all day long and feels he has to react to every single thing that’s said against him,” Rollins said today on Kilmeade and Friends when asked how he thought Trump was handling criticism leveled at him by Khizr and Ghazala Khan, the parents of a slain Muslim American soldier.

This all prompted a lot of chatter about “interventions” earlier today. Supposedly a team of Gingrich, Reince Priebus, and Rudy Giuliani was going to make a pilgrimage to Trump Tower and beg Trump to clean up his act. (Chris Christie wasn’t on the team because he’s still nursing a grudge over not being chosen for vice president.) But that never materialized. For now, the operative strategy remains, “Let Trump be Trump.”

In the meantime, the Daily Beast reports that the Trump campaign really did intervene to soften the Republican Party platform on the subject of Ukraine:

Top Trump aide Paul Manafort swore that the campaign had nothing to do with a radical change in the official Republican Party position on Ukraine. He was lying.

Manafort said on NBC’s Meet the Press this past weekend that the change in language on Ukraine “absolutely did not come from the Trump campaign.” But this account is contradicted by four sources in the room, both for and against the language.

….Meanwhile, records for the meeting seem to have disappeared. A co-chair for the national security platform subcommittee told The Daily Beast that the minutes for the meeting have been discarded. The Republican National Committee had no comment when asked whether this was standard procedure for all the subcommittees.

Funny thing. Trump used to be pretty hawkish about Ukraine, as you’d expect. But that changed a few months ago. Why?

While the reason for his shift is not clear, Trump’s more conciliatory words — which contradict his own party’s official platform — follow his recent association with several people sympathetic to Russian influence in Ukraine. They include his campaign manager Paul Manafort, who has worked for Ukraine’s deposed pro-Russian president, his foreign policy adviser Carter Page, and the former secretary of state and national security adviser Henry Kissinger.

So Manafort not only lied about this, but he was probably the guy directly responsible for softening the Ukraine plank in the first place. But what about this Carter Page guy? What’s he all about?

“Washington and other Western capitals have impeded potential progress through their often hypocritical focus on ideas such as democratization, inequality, corruption, and regime change,” Page said last month during a commencement speech at a Moscow economics graduate school.

….Page also suggested the United States should ease economic sanctions imposed on Russia following its 2014 incursion into Ukraine and Crimea, which was condemned in an overwhelming vote in the United Nations. In exchange for sanctions relief, Page said, American companies might be invited to partner with Russian firms to exploit Russia’s oil and gas fields.

Page has close ties to Gazprom, so I suppose he’s pretty annoyed with the US sanctions on Russian oil and gas. And we all know how loyal Trump is to his friends, so he probably figures he should help out a pal by easing up on Russia. Plus Putin is a helluva guy anyway, amirite?

On another subject, I’ve gotten several questions about why I’m not doing a Hillary Clinton roundup each day. It’s because she’s not doing much. As near as I can tell, she’s decided that if her opponent wants to douse himself in gasoline and light himself on fire, she should lie low and give him as much air time as he wants. You see, contrary to popular opinion, it turns out that all press is not good press. Just ask Charlie Sheen.

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Donald Trump Roundup For Wednesday Evening

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Democrats and Republicans Have Mirror Image Race Problems

Mother Jones

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On Sunday, Chuck Todd asked Donald Trump about former KKK grand wizard and famous white nationalist David Duke:

On Tuesday, New York Times reporter Maggie Haberman asked about Trump’s reply to Todd:

And here is longtime Republican policy wonk Avik Roy:

“Conservative intellectuals, and conservative politicians, have been in kind of a bubble,” Roy says. “We’ve had this view that the voters were with us on conservatism — philosophical, economic conservatism. In reality, the gravitational center of the Republican Party is white nationalism.

….He expands on this idea: “It’s a common observation on the left, but it’s an observation that a lot of us on the right genuinely believed wasn’t true — which is that conservatism has become, and has been for some time, much more about white identity politics than it has been about conservative political philosophy. I think today, even now, a lot of conservatives have not come to terms with that problem.”

Trump’s politics of aggrieved white nationalism — labeling black people criminals, Latinos rapists, and Muslims terrorists — succeeded because the party’s voting base was made up of the people who once opposed civil rights. “Trump tapped into something that was latent in the Republican Party and conservative movement — but a lot of people in the conservative movement didn’t notice,” Roy concludes, glumly.

The problem for Republicans is simple to describe: it’s not that their leaders are racist, but that they’ve long tolerated racism in their ranks. They know this perfectly well, and they know that they have to broaden their appeal beyond just whites. But they’re stuck. If they do that—say, by supporting comprehensive immigration reform or easing up on opposition to affirmative action—their white base goes ballistic. In the end, they never make the base-broadening moves that they all know they have to make eventually.

For Democrats, the problem is the mirror image. Bashing Donald Trump and his supporters for their white nationalism helps with their base, but it’s the worst possible way to attract working-class whites who might be attracted to traditional Democratic economic messages. Once you say the word “racism,” the conversation is over. Potentially persuadable voters won’t hear another word you say.

As long as this remains the case, Democrats will routinely win the presidency because their non-white base is growing every year. But Republicans will routinely win the House—and sometimes the Senate—because way more than half of all congressional districts are majority white. Result: endless gridlock.

I wish I knew the answer.

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Democrats and Republicans Have Mirror Image Race Problems

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Baltimore Mayor Replaces Debbie Wasserman Schultz at Convention Podium

Mother Jones

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Baltimore Mayor Stephanie Rawlings-Blake has officially gaveled in the first day of the Democratic National Convention, replacing outgoing Democratic National Committee Chair Debbie Wasserman Schultz at the podium.

The Sun Sentinel reports that Wasserman Schultz asked Rawlings-Blake to replace her, ending speculation about the type of reception the DNC chair would have received from delegates on the floor this afternoon, after leaked emails revealed apparent favoritism toward Hillary Clinton over Bernie Sanders in the DNC. Earlier today, Wasserman Schultz was booed during her speech at a Florida delegation breakfast.

But Wasserman Schultz’s replacement has also faced her share of criticism from the Democratic Party’s progressive wing. Rawlings-Blake drew significant criticism after her controversial handling of the unrest in Baltimore after the death of Freddie Gray in police custody last April. Rawlings-Blake currently serves as the secretary of the Democratic National Committee.

Wasserman Schultz, a congresswoman from Florida, announced her resignation from the DNC leadership on Sunday and will officially step down as chair after the convention ends on Thursday.

Today’s change at the podium is one of many signs that Wasserman Schultz will be a party leader in name only during this week’s Democratic National Convention in Philadelphia. Rep. Marcia Fudge of Ohio will replace Wasserman Schultz as the official chair of the convention, and Donna Brazile, the DNC’s vice-chair for voter registration and participation, will serve as the interim DNC chair until a permanent replacement is named.

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Baltimore Mayor Replaces Debbie Wasserman Schultz at Convention Podium

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