tv Smerconish CNN January 29, 2022 6:00am-7:00am PST
that palin was having dinner at elio an upper east side restaurant. palin was dining indoors. she's a nonvaxxer who told the arizonian it would be over my dead body that i'd get a shot. so her visit ran afoul of city diners requiring indoor diners showing proof of vaccination. elio's manager was quoted as saying we just made a mistake. and palin had dined with a longtime regular whose vaccination status had been vetted. elio's escape from the mandate because the city only does so when a city inspector observes the infraction, not a fellow diner. the night after the dinner at elio's palin's lawyer notified a federal judge over seeing her trial that she had tested positive for covid.
which delayed the trial provided she tests negative. quote, she is, of course, unvaccinated, judge rakoff said. then on wednesday, palin returned to elio's, this time, dealing in the outdoor section. and video circulated with her eating in an outdoor space with similarly unmasked companions. the manager released a statement saying, quote, sarah palin apologized to the restaurant her her fracas around her previous visit. in accordance with the vaccine mandate and to protect our staff, well seated her outdoors. we are a restaurant open to the public and we treat all civilians the same. but then the owner of elio's was against palin returning at all. it was against my wishes that sarah palin dine outside last
night. not surprisingly that the restaurant's yelp page got such ground swell. following the story, i felt it was reckless for palin to interact with others in a public space while having covid. but not just at the risk of contaminating others. no i mean, reckless in a legal sense. she's about to be in the federal district of new york, a federal court that will drawl jurors from these update counties, new york, aka manhattan, the bronx, west whefter, orange, rockland, putnam and sullivan. surely she knew that dining out at a manhattan eatery that had been news and reported she was positive. it's as if she was returning to the same place to make certain this got coverage. why was they're not caution, exercise, so as not to alienate
prospective jurors who might receive a jury summons that palin had contracted covid and went out to dinner. many have applauded her. michele bachmann who said this on fox news friday. >> honestly, sarah palin is to be commended because she's trying to act like a normal human being in the greatest city in new york. new york city. she's going out to eat at a wonderful little boutique italian restaurant. >> dare i say that many don't agree with michele bachmann. and the judge made it clear he will not automatically be excluded unvaccinated jurors. then it hit me, despite the fact that "the new york times" reported a falsehood for which she suing she knows she'll
probably lose the upcoming trial. palin is playing long ball here. her real goal is to get the case before the supreme court of the united states. banking on the potential reception that she'll receive from justices who currently divide 6-3 in her favor on ideological lines. and two of those justices recently tipped their hand on wlv the precedent that will guide palin's trial needs another look. that case is called "the new york times" versus sullivan. it restricts the ability to sue for defamation because of the first amendment. during neil gorsuch's confirmation hearings in march 2017, sullivan was actually one of the few cases he agreed was federal law. >> supreme court has special protection when we're talking about the media, the press, in covering public officials, public actions. proof of actual malice is required to state a claim.
that's been the law of the land for, gosh, 50, 60 years. i can point you to a case in which i've applied it and i think it might give you what you're looking for, senator in terms of confirmation. >> but then this past july in dissenting in a case that the court declined to hear, gorsuch joined justice clarence thomas saying that the court should revisit the breadth of the sullivan ruling and complain how it applies to social media and technology companies. gorsuch wrote, quote, not only has the doctrine evolved into a subsidy for published falsehooded than could have predicted. clarence thomas wrote that the court's earlier pronouncements that the first amendment, quote, required public figures to establish actually malice bears no relationship to history or structure of the constitution. you know whose been advocating
for tightening the libel laws for a long time? that would be former president donald j. trump even before he announced his candidacy. here's he is calling into fox & friends in 2015, claiming his words had been twisted by me over a controversy at the time over the l.a. clippers owner john sterling. >> the muffington post is pathetic. you have some guy named smerconish who i never heard of, he goes on the air, trump is defending sterling. maybe who read or saw it probably tougher than nibanybod. these are really dishonest people, we should reinstate libel laws to go after people when they make egregious statements. but unfortunately, the libel laws are ridiculous. >> never heard of me but pronounced my name beautifully. what trump and palin don't like in order for a public figure to successfully sue for defamation,
they have to show actual malice which is malice of falsity or disregard for the truth. that's the law they want changed. so palin is dining out on the fact that future defamation won't be "the new york times" versus sullivan, but palin versus "the new york times." in palin returns to elio's for a third time tonight, you'll know i was right. up ahead, this is a live shot of philadelphia, we're tracking a potentially historic nor'easter and thanks to a great resignation of american workers during the pandemic, many restaurants are hard up for employees they're offering up perks that would have been inconceivable two years ago from life insurance to college tuition. but might workers still just never come back? i want to know what you think about what's driving this, go to smerconish.com. and answer the survey question why are so many choosing not to
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they might be idle, but they're certainly not rich. a record number of able-bodied workers, mostly men are opting out of work. you've heard of the great resignation. the term was coined during the pandemic to describe the phenomenon of millions of people quitting or changing jobs to improve their pay and lifestyles. yet, despite more than a year of critical job openings and rising pay, millions are still not working or even seeking work. their absence is compounding the labor shortage causing supply chain problems and price spikes. a record 4.5 million americans quit their jobs in november. and in december, the labor force participation rate of those 16 and over was just 61.9%. in response, some employers like many in the hospitality business are going to extremes to attract
and retain staff. restaurant owners are offering short work weeks, mental health services, college tuition and more paths to career advancement. they're giving out free spotify prescriptions. adding lactating stations tour nursing employees and signing bonuses and free food for anyone off the street who fills out an application. the owner of a chick-fil-a in western pennsylvania gave out lavish gifts, a toyota car, one month's rent or mortgage payments mshgs $1,000 cash. steelers tickets. and then applicants down to 61 in 2019. the national restaurant association reports that 84% of restaurants have raised wages. hospitality industry workers earn an average of $19.57 an hour. up from 13% a year ago.
still, these initiatives have failed to bring many back to the work fold. my next guest recently told "the wall street journal" this isn't all about the pandemic. that the decline in the american workforce during their prime working years, men, 25 to 54, that it began decades ago. in 1961, labor force participation for prime age men was at 96.9%. by november 2021, the seasonally adjusted rate had dipped to 88.2%. so, right now, nearly 1 out of 8 men in their prime is not working. in other words, staying out of work even during good times has become somewhat of an american tradition. as "the wall street journal" put it, the sum of these trends is a lot of missing workers. if the u.s. maintained its employment to population ratio from the year 2000, we'd have more than 13 million more workers today. that would be more than enough to fill the record number of open jobs. and that's why i want to know,
your opinion. go to my web website @smerconish.com. answer this week's survey question, why are so many choosing not to work? have there been structural economic changes or government transfer payments. joining me a political economist at the enterprise institute he wrote a prescient book in 20 2017."men without work." limb begin with this, is there a milestone moment, something that happened in 50 years that suddenly fueled this trend? >> there was a confusion of events in 1960 when this trend really started rolling in earnest. one thing that happened is the beginning of the revelation and family. i think change in family structure is unnoticed part of this. another is changes in immigration. yet a third is explosion of crime. we don't mention the gigantic
increase in our ex-com population, but that's in the mix. and of course, the great society and the modern welfare state. >> when you say the growth of the ex-con population, do you mean team who have served time and nobody will give them a job? >> it's hard to document this, michael, because the governor forgot to collect this information. it's estimated there are 20 million men and a women, in society, not behind bars, who have a felony in their background today. they're kind of a big invisible population. we don't precisely know about their work status, but i think we've got a guess. >> how can so many afford not to work? and what are they doing all day? >> well, it's not as if people who have checked out of the labor force who are neither working or looking for work in
their prime years of working life, it's not like they're living like princes. it's -- it's kind of a peniurous existence living on disability and other governance. many men do, either looking for work in the prime ages are in disability archipelago. they report, they self-report about time use, in surveys to the u.s. government. it's a pretty depressing ta tableau. pretty checked out from society. not much worship or volunteering or charity. surprisingly little help around the house or with other members of the home. an enormous amount of time in front of screens. we don't know exactly what they're watching, of course. like a full-time job, like 2,000 hours a year. and other homework, not my own, has suggested that those who are
neither working or looking for work, half of these guys are taking some sort of pain pills every day. not necessarily opioids, but some sort of -- some sort of main medication. >> so, i think i know -- i think i know how you'll answer the survey question today. is it government transfer payments? or have there been structural changes to the economy? what is driving the fact that so many are not working and are not even looking for employment? >> well, we've had huge structural changes so have all of the other countries in the west. but why were we had this trend worse than other working countries. we've got some unfortunate special sauce that's driving our rates lower. i think that's got to do with both the disincentives in our peculiar disability system. and also this really terrible increase in ex con invisible
ex-con paopulation. >> you were on this when you wrote a book in 2016, to many, they're observing this as a function of the pandemic. obviously, your book was prescient, now, you're getting your 15 minutes' of fame. i don't mean me, everybody is rediscovering the book. what aeffect has the pandemic had? >> the big change for pandemic is the flight of work for people 50 and up for men and women. that was the latest in the increase in older workers. that's been crushed by the pandemic. some of that is pandemic shyness. and american savings. american savings are up $2.2 trillion since the beginning of the pandemic. i think we'll see more when the
smoke clears. >> and the sort of ripple effect from this data. it's a problem. i'm glad that you're here and i'm glad you described it in such detail. so, thank you. >> thank you so much, michael. >> let's see what you're saying on my twitter and facebook and youtube pages. what do we, kathryn. short and sweet, hard work is not a value of the young generation. you know, mm 126, what i just heard from nick ebberstadt he just said it's 55 and older. it's not the youth. i want you to answer my survey question. it's exactly what will i was just discussing why are so many choosing not to work. is it because of the structural economic changes. he notes the whole world has had
structural economic changes. somethings is going in the united states, which leads to probably government transfer payments. up ahead, parts of the northeast right now getting hit with heavy snows and fierce winds. we'll bring you the latest on that. plus, while derek chauvin was kneeling on george floyd's neck for nine minutes for which he's later convicted of murder. three other officers are on hand and on trial for not intervening to save floyd. one of them had been trained by chauvin. we'll talk abouthat trial in just a moment.
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this week began the federal civil rights trial of the former minneapolis police officers who were with derek chauvin on may 25th, 2020 when he kneeled on george floyd's neck for eight minutes and none intervened. the prosecution must prove that the three, two of whom were rookies ignored grave distress signs from floyd and failed their moral obligations to intervene. though this is a civil rights case, it doesn't hinge on race. and his right to liberty without due process. the three will also face separate state charges later this year. of the jury that will decide this reports in the minneapolis star tribune say two of the jurors appear to be asian, the rest are white. j. alexander kueng, 26 years old
had officially become a police officer three days before his tra training. mr. floyd died. and tou thao was a rookie who only saw what was in front of him. saying, quote that video is not what alex kueng said, plunkett said, it's not what alex kueng perceived. thomas lane, 37 years old was on his fourth day as a minneapolis police officer. the lawyer is earl grey and that chauvin was on his neck twice raised the prospect that he turned floyd on his side. the attorney described lane as, quote, not deliberately indifferent about floyd's health at all. tou thao, 34 years had been on the force since 2012. he claimed to state
investigators he was unaware of what was going on with him he was too focused on trying to control the growing crowd. joining me a professor from the georgetown law school. a contributing columnist for "the washington post." kristie, how rare is a prosecution like this? >> thank you for having me. the prosecution -- a prosecution like this is really unprecedented. a federal civil rights prosecution charging officers for not intervening with a superior. >> why is that the case? why aren't there more prosecutions? because it's so rare it doesn't happen? or they're so difficult? or you just don't have video that shows like like it did in the tragic case of george floyd? >> i think all of those things, along with the fact that people's expectations for policing are changing so there are very few prosecutions of
officers for failing to intervene at all. even though every circuit has this requirement. every federal court in the nation has this requirement. and it's been a requirement since 1972. but especially unusual to charge officers for not intervening when it was a superior, whether formal or informal violating a person's rights. >> so the video is appalling. we've seen it so many times. what happened to george floyd was a crime. literally a crime, chauvin is now in jail. is it unrealistic that someone three or four days on the job would be willing to intervene in the case of their superior officer doing what transpired in this case. does that provide them a defense? >> i think it's definitely something that the jury will be thinking about. legally, it's absolutely not the defense. in the 8th circuit in particular, the circuit that covers minnesota, they have specifically said the fact that
the person violating your rights is the supervisor, in that case, it was the sheriff. they said that the deputy sheriff still had a responsibility to intervene to prevent the violation. i think if you think about it, we didn't have police unless we act, to stand up and intervene when they see another officer violating somebody's rights but that also means they should have every -- they're fully equipped to be able to do that. >> so, what specifically should have transpired? what would the training tell them to do, in your view? >> that's a really important point. there's a duty to intervene in minnesota, as i said, not only under federal court law, under state law and under accident policy. but what they didn't do, in my view, is really fully train officers and then support that with accountability and a sense to create a culture of active bystandership. so, it's a program that i teach
how to able. that's what we want to do, for example, we teach officers that you have to -- you have to ratchet up your intervention here. i think that's what we saw with lane in this case. former officer lane. we saw him what you might call, probe at, should we turn george floyd on his side? we train officers that, and you may have to ratchet that up with the acronym probe, alert and action. it's a tool to first probe, but if that doesn't work, you have 0 to alert. if that doesn't work, you have to take action, including physical action. >> but if someone three or four days on the job goes up and leans into derek chauvin and says, hey, chief, i don't see him responding. hey, chief, maybe we should roll him over, and doesn't get the response that they're looking for, would you go as far as to
say they've got an obligation to yank derek chauvin off george floyd's neck? >> eventually, hey, if you don't move him, he could get hurt. then challenge, you need to take your knee off his neeck. if that doesn't work, absolutely take action. we've seen that until other industries. hospitals have trained nurses to speak up to doctors when they're about to operate on patients. airlines have done this, college students, training students to speak up. the law requires it, and we should require that officers step up, even when it's a hierarchy situation. there are lots of hierarchy situations in this world. police are different and we want to make sure officers understand that. to be fair, when you train this enable, you teach officers to expect this is going to happen with his superior and how to respond do that.
>> christy lopez, thank you. they picked this jury in one day. i think the judge did a great job. it was a two-week proposition. and they said there's two asian, and it's a different dynamic than we saw in chauvin and we should all pay attention. thank you very much. >> thank you. >> social media, twitter, youtube, what do we got. >> they had nine minutes. mary coyle, down and dirty. they had nine minutes. >> that's all that matters. i'm just intrigued. i'm not defending the inaction. do not misunderstand me. i'm just thinking about it in a workplace sense. i also think about a military analogy to this, right? it's as if someone has given a bad order, you're in a military had police, paramilitary organization, are you going to carry that order out? what are you going to do? are you prepared to tell your commanding officer, you are
mistaken? still to come, indra inouye not only broke the glass ceiling when named president of pepsico. her inspirational story is next. make sure you're answering the survey question at smerconish.com. why are so many choosing not to work? is it because of structural economic changes or r governmen transfer payments? it won't raise blood pressure the way that advil® aleve® or motrin® sometimes can. for trusted relief, trust tylenonol®. we're carvana, the company who invented car vending machines and buying a car 100% online. now we've created a brand-new way for you to sell your car. whether it's a year old or a few years old. we wanna buy your car. so go to carvana and enter your license plate answer a few questions. and our techno wizardry calculates your car's value and gives you a real offer in seconds.
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when indra nooyi began work at pepsico in 1994, white american men held 15 of the top 15 jobs in the company that was nothing unique in corporate culture at the time. the number of female ceos among the biggest 500 companies that year was zero. seven years later, neooyi was appointed ceo. and then written a memo called "my life in full, work, family and future" so glad to see you now. you write in the book why there aren't more women at the top, what are some of the reasons? >> well, let's step back a little bit. in '94 when i came in there were no women ceos. in 2006 when i became ceo, there
were about six ceos. we were making progress. i think the biggest issue, michael, is the pipeline, a lot of women enter management positions by the time they get to the second or third level of the country, they drop out because that's their prime family-building years. and companies and workplaces do not have the support structure to enable young families to balance work and family. so the stresses of doing both are just too much. and they drop out of the workforce. which is a big loss to the economy because great talent cannot bubble up to the top. >> i mean, one of the keys to your success, i know from reading the book is that you were surrounded by this great familial structure. and family members went to great lengths including your mother, to help you with your obligations at home? >> and let me tell you, my husband i am married, right, and he was an equal partner that helped me every step of the way.
because i come from an asian family which has an intergenerational responsibility, and figured out how to live in that household, everyone chipped in because i think they were just proud that someone from the family was actually doing something quite important and unprecedented in our family. so everybody stepped in to help. i think with the ageing society we have here, we may have import some of those values to see how we can get multiple generations to help each other with the whole issue of care and care support functions. >> indra, before peppicco, 14 years before cog management and consult attancy work, you've ne had a female boss, another great breaking the glass ceiling of your incredible story. the thing i take from your memoir, the number of men willing to mentor you. there were a great many of them and went to great lengths to
advance your career. >> there are white men who stepped up, not just men giving me advice. they supported me, they promoted me, they helped me advance. and they were also my biggest critics because i realized i had to change some of the things i was doing because i was culturally insensitive at times. i honestly believe that my story is a bit of an american story because i worked incredibly hard. i believe that i owed the business world the duty of hard work. and i worked incredibly hard. and i think all of these people stepped up and said, you know, here's somebody we see great promise in. and we'd like to be able to say we had a little say in her success. a little part in her success, i'm a beneficiary of incredible work. >> you said in book we need to let go of perfection.
what does that mean? >> most women are born with the perfection gene. we want to be the perfect wife, the perfect mother, the perfect community participant, doing work within the community. somehow, we're never happy with what we do in each of these jobs. we sort of work ourselves into a frenzy. most of it is our own internal pressure. i think we all have to learn to let go of some, focus on some, a different part of the day, a different part of the week. i'll be honest to you, i'm a victim of the perfection culture, accept that i had the desire to cope with it. in retrospect, i wondered why i was wire today differently that i could do all of that, michael. but it's a lot. it's a lot. >> i don't know if you've seen the photographs that we've been flashing in the brief conversations. one of them has you in the aisle of a supermarket. it looks like an official visit.
but what i got out of a kick of in the book, you're running this enormous apparatus and you would go out and make secret market visits. what did that look like? >> i'd just put on my civilian clothes. not business clothes. i'd go to any market, i wouldn't tell anybody what i was doing. i told people i needed to understand the consumer. how was the product on the shelf. and if a ceo loses touch with the consumer and what the market base looks like that's a formula for disaster. and so, i had to get out of the office. i had to get in the marketplace. i would do these 2trips. i would buy products and taste them. in the early days i would send emails talking about my observations. i realized people on the telephone based on my feedback, i'd say back off. i'd wait a couple weeks and give them the feedback. i think that was the best way to zoom in and learn the business,
as opposed to sitting in an ivory tower and trying to learn the company. >> indra nooyi, congrats on the book. pleasure having you. >> pleasure shating chatting w. sections of the northeast being pounded with heavy snow and winds. and i want to remind you go vote @smerconish.com on the survey question. why are people choosing not to work? is it structural economic changes or government transfer payments? the only clinically proven nutrient formula recommended by the national eye institute to help reduce the risk of moderate to advanced amd progression. "preservision is backed by 20 years of clinical studies" "and its from the eye experts at bausch and lomb" so, ask your doctor about adding preservision. and fill in a missing piece of your plan. like i did with preservision"
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already been canceled. in massachusetts, over 110,000 customers are without power all due to a potentially historic storm bearing down on the northeast. a bomb cyclone bringing bitter cold, flooding and heavy snow. 10 states have blizzard warnings in effect, some parts could see more than 2 inches per hour. and for more, i want to check in with tyler mauldin. >> it is amazing how fast the snow totals are shooting up. around the delmarva, we're already seeing a foot of snow. and north into new york and new jersey, we're seeing well north of a foot. and it is not letting up. as you see, heavy snowfall continues across the mid-atlantic and going this to the northeast. we have the cold temperatures in place too, 18 in boston, 15 in new york, and then we have single digits when you get away from the coastline. and oh, yeah, the wind is making it feel much colder. it is also contributing to whiteout conditions across this region.
notice nantucket, gusts have as high as 67. and that is near hurricane-force conditions. for that reason we have a blizzard warning in effect for roughly 11 million from the east coast, coastline of maine all the way down into the coastline of virginia. that does include boston but new york and philadelphia, you are not in a blizzard warning, you are under a winter storm warning at this time. what we'll see is as the snowfall continue in intensity and in fact it will probably pick up in intensity. the darker bands are the heavier bands pushing through the region. boston you are beginning to see it pick up in intensity now. when it is all said and done through sunday morning, we expect more than a foot across this region from portions of rhode island, massachusetts, new hampshire, on into maine. and some areas could actually pick up more than 2 feet if not close to 3 feet in some spots. if we did pick up more than 2 feet within 24 hours today in boston, that could end up being
a record snowfall event for the city of boston. it doesn't let up until after midnight for boston. but maine will continue to deal with it through the wee hours of sunday and then once we get into sunday morning around sunrise, that is when the drier air starts to filter in, but also when we see the really cold air spill in behind it. so if it is not one thing, it is another. the bull's-eye will be right here in boston. that is when we'll really see the hurricane and blizzard-force conditions come together. >> tyler, thank you. more of your best and worst tweets in a moment and we'll get the final results from the survey question. why are so many choosing not to work? go vote.
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movements mimicking parkinson's disease, fever, stiff muscles, problems thinking, and sweating. (jackie) talk to your doctor about austedo...it's time to treat td. td is not ok. visit askforaustedo.com. with hepatitis c i felt i couldn't be at my best for my family. in only 8 weeks with mavyret i was cured. i faced reminders of my hep c every day. i worried about my hep c. but in only 8 weeks with mavyret i was cured. mavyret is the only 8-week cure for all types of hep c. before starting mavyret your doctor will test if you've had hepatitis b which may flare up and cause serious liver problems during and after treatment. tell your doctor if you've had hepatitis b, a liver or kidney transplant, other liver problems, hiv-1,or other medical conditions, and all medicines you take. don't take mavyret with atazanavir or rifampin, or if you've had certain liver problems. if you've had or have serious liver problems other than hep c, there's a rare chance they may worsen. signs of serious liver problems may include yellowing of the skin, abdominal pain or swelling, confusion, and unexplained bleeding or bruising.
tell your doctor if you develop symptoms of liver disease. common side effects include headache and tiredness. with hep c behind me, i feel free fearless because i am cured. talk to your doctor about mavyret. learn how abbvie could help you save. i always dreamed of having kids of my own. ♪ ♪ now i'm ready for someone to call me mom. at northwestern mutual, our version of financial planning helps you live your dreams today.
nice ride, by the way. and the icing on the cake? saving up to 400 bucks? exactly. wait, shouldn't you be navigating? xfinity mobile. it's wireless that does it all and saves a lot. like a lot, a lot. survey results now from smerconish.com. why are so many choosing not to work, is it structural economic changes or government transfer payments? what are the results? wow, pretty decisive results. structural economic changes. three-quarters of more than 16,000 who voted. i'm surprised by that result. if my guest were still here, he'd probably be saying, well,
why then don't you see this level of folks not working in the rest of the world. because there have been structural economic changes all over the planet. i guess we can debate why it is being driven. what we can't debate is that it is happening. because if we maintain the same employment for population ratio has we had in the year 2000, there would be 13 million more working right now. social media, what do we have? i'm really surprised would i that result. you can't choose to not work without income. either living off savings or depending on a family or a spouse, no magic here. joe z, i said that they might be idle but not rich. there has not been enough that would pay someone to be lead be an extravagant lifestyle, but those enhanced employment benefits some say were banked and allow for this to take place. one more if i have time and i think that i do. it is neither. it is crappy pay and exploitation, have you worked in
restaurants or retail? yeah, my first job was -- not in a hell of a long time, but my first job was making $3.25 at mcdonald's in one of the great work experiences of my life. but you saw although employer tricks and wage increases still aren't bringing people back. so it has gotten better and still the jobs aren't getting filled. wish i had more time but i don't. i'll see you next week. good morning on this saturday, january 29th. we are so grateful to see you. i christi paul. >> and i'm boris sanchez. hope that you are nice and warm because million of you are our friends in the northeast are not and they are watching the sky as a powerful winter storm moves through the region. nearly 55 million people from the carolinas to virginia to new england are under winter weather alerts this morning. >> and it is called
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