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Louise
Well, here it is - VTM's Duelling Club Courtroom. The Defence attests that Snape is a poor, tortured soul forced into an act so abhorrent that even he will regret it until the day he dies. He says he did it because he had to, because Dumbledore gave him no choice. The Prosecution attests that he is the darkest of the darkest Death Eaters -villain, traitor and ruthless killer, bosom buddies with the Dark Lord - a clever and cunning man who has manipulated everyone for years and is solely out for his own ends.

What do you think? Prosection and Defence, your opening arguments please....

(Oh, and some evidence would be nice wink.gif Opinions are great, but they won't help anyone decide...book references wherever possible are best)
Omerus_Banning
Allow me to enter the fray as a part of Severus Snape's Defence Team.

Certainly, from the closing chapters of HBP, one could easily jump to the conclusion that Snap has indeed returned to the ranks of the Death Eaters. However, such an assumption would, if made, disregard a plethora of evidence which would seem to support Snape's ongoing alignment with the forces of the Order of the Phoenix.

Working backwards, from the last scenes where we saw him, why would someone aligned with Lord Voldemort give advise to his Lord's foremost enemy? Why did Snap take such care not to harm Harry Potter, as the latter pursued him, choosing instead to deflect his spells? Why would one give advice to someone sure to become a mortal enemy, as Snape did with Harry during that chase?

Clearly, there is a scheme afoot to make it appear like Snape has defected to Voldemort's ranks once more, but in my mind he does remain a loyal member of the Order, even if other members now think him a traitor. Dumbledore's faith in Snape was absolute, and although Dumbledore did mention that he does make mistakes, I do not think that he was refering to the trust he placed in Snape.

I think this should get things started...
Just the Droobles
I know it is going to be sort of silly to post in here if I haven't made up my mind, but perhaps after a few more people come in, I'll make up my mind.

I have switched back and forth many times. From a Defence view, I'd say if he was so evil, why did he really want to protect Harry so much? He felt like he really needed to save him from Quirrell. And, if he was with Vlodemort, why would he want to help Harry learn Legilimens to block out "the Dark Lord?"

But on the Prosecution side, he's always seemed a bit fishy. who says he's not been doing spy work the whole time? What if he was just protecting Harry on Voldemort's orders? Voldemort surely wants to be the one to kill Harry, so Snape is being sure he is the one that gets to kill him. Plus, he killed Dumbledore, but that one is still quite a mystery. I have a hard time liking a murderer.

But on the Defense side, what is Dumbledore's plan was for Snape to kill him knowing that he, DD, would still be able to talk to Harry through the portrait he would receive in the office? He is also a part of the Order, and like Marc said, he did give Harry advice on his way out instead of just blasting him.

But on the Prosecution side, he did flee pretty fast. Where exactly did he need to be? He also seemed pretty intent on helping out Malfoy. But Draco showed heart in this last book, so he kind of grew on me. But his father is still scum. And Snape made that promise with Narcissus.

I could sit here and jump back and forth all night, but I won't. I'll wait for other posters. We need to get this section started guys!!!!
traz-ak
I hope nobody minds if I take it upon myself to begin the opening arguments for the prosecution...

As a member of the prosecution, I don't mind telling you that I feel for Snape just as deeply as many of the rest of you. I mean, regardless of how you feel about the guy on a personal level, the guy is just cool. And I love him. But all feelings aside, this is a murder trial, and murder is murder, people, plain and simple. Per Prof. Slughorn's testimony, the act of murder, the use of Avada Kedavra (the worst of the Unforgivable Curses) is the supreme Act of Evil. Evil! I'm sorry, but how can there really be wiggle room on that? The murder was commited before a number of witnesses (several of which should probably be awaiting their own trials, but that's beside the point). Severus Snape uttered those words with all the hate and malice required to commit the curse with such intensity that it actually hurled Prof. Dumbledore's body off the tower to fall all the way to the ground below.

It's really as simple as that. The Defense will attempt to sway the jury's opinion with the hope that Snape was really commiting this supreme act of Evil in hopes of positioning himself to better help the Order later. They will tell you that Snape's behavior in not killing Harry after this cruel and heartless murder was his veiled attempt to help Harry, despite Snape's own confession that it was Voldemort's own orders not to harm Harry (whatever Voldemort's reasons may be, <cough-Harry's a Horcrux-cough-cough>. They will try to convince you that it was Dumbledore's own plan to have Snape kill hiim, despite Dumbledore's own views that murder is vile and damages the soul horribly.

But if this were Dumbledore's own plan, why not devise a way that would not sacrifice Snape's own soul? Once more: murder is murder. There is no excuse for it. Snape commited the supreme act of Evil on that tower. The supreme act of Evil. I ask you, how can one commit such an act and not be evil himself?

(That was fun! tongue.gif )
bajab
I'll add a persecution bit I think.

Put motivations aside for the moment.

Are we going to accept that Dumbledore is dead? Since we have no definative proof that he is alive, I would have to say, yes. For the purposes of this trial we must accept that Dumbledore is dead. We have a body and that body was positively identified by multiple people.

That been said, is anybody going to dispute that Snape was the one to cast the AK on that body?

Once again, we have no convincing evidence that Snape did not cast the AK, and an eye witness that says he did.

So, under those 'facts', Snape is guilty. You may argue for mitigating circumstances, but at the end of the day, it is illegal to cast the AK on a human under any circumstances, so his guilt must be taken as fact.
El Barto
Correct, he is guilty of casting the AK curse and killing Dumbledore...for the time being at least. There is no proof as of yet if there was indeed a plan, but, we must refer to one Hagrid. In a statement he gave to Harry Potter he tells that Severus Snape and Albus Dumbledore were arguing, Snape didn't want to do something. If my fellow colleagues can provide the dialogue (sp?) that would be great...it'll be refered to as exhibit A.

It is believed that Snape wanted to leave Harry Potter for the Dark Lord. Ladies and gentlemen of the jury...I beg you to answer this question......why didn't Snape knock out Harry and take him to the Dark Lord then? Surely no one would stop him.

***sorry for trying to act like a lawyer...I'll quit while I'm ahead
bajab
aarrg. Long reply accidentally deleted. Curses.

"Well — I jus' heard Snape sayin’ Dumbledore took too much fer granted an maybe he — Snape — didn’ wan’ ter do it any more —“
"Do what?"
"I dunno, Harry, it sounded like Snape was feelin’ a bit overworked, tha's all — anyway, Dumbledore told him flat out he'd agreed ter do it an' that was all there was to it.


This conversation shows that Snape was already turning against Dumbledore. He no longer wanted to do what Dumbledore told him to do and was starting to rebel.

Now, a question about Snape's 'spying' activies.

Is there any proof that the information supplied by Snape to the Order was of value?

Not a single Death Eater was apprehended due to Snape's information.

By Snape's own words, we know he takes at least partial credit for the murder of Emmeline Vance, by supplying information that led to her death.

We also know he withheld information that Harry had supplied (in OoTP). He said he checked on Sirius, but he did not tell anybody why he was checking, or what was happening to Harry at the time.

So we have no instances of him helping capture Death Eaters, and two cases where he helped Voldemort against the Order. Add to that his involvement in Dumbledore's death, and we have a row.

Pixymajik
It is my belief that the prosecution has attempted to sway information that is purely speculation and not factual.

In the case of criminal trials, a person needs to be found guilty by the jury (who are sitting where exactly???) beyond all questionable doubt. Therefore quotes as stated by my learned friend bajab, claiming evidence that Snape was turning against Dumbledore should not be used to support anything more than merely that- speculation.

It is unknown precisely what my client, Mr Snape, was attempting to avoid doing. If the prosecution is going to suggest that it was in one direction, then it should be thought just as likely that Mr Snape was arguing in previously commitment to euthanasize (is that even a word? blink.gif ) one Professor Albus Dumbledore.

Upon the agreed assumption that Dumbledore is, in fact dead, one must then question his involvement and pre-awareness of such fact. And while I'm sure at some point there will be a discussion in another area about the pros and cons of euthanasia, it is necessary to take into account that if Dumbledore had been aware of- and maybe even accepted and agreed to- the plot to remove him from the school environment, then this would not be considered a brutal form of murder- or any form of murder for that matter. Rather one should look at it as either a form of suicide or potentially at the more extreme end, manslaughter.

If it can not be proved by the prosecution that the so-called 'murder' of Professor Dumbledore was in conscious mind, planned and in no way contained the awareness of such victim, then there is no choice but for the jury to continue to proclaim Mr Snape's innocence, unless further proof is revealed.

(Oh, I love this! wink.gif )
passerby
It was only a matter of time.

If the trial is for proof of Snape murdering Dumbledore, then this will be short debate! Of course he murdered him. (unless we open a new debate on whether Dumbledore is really dead and prove otherwise) I'd like to focus on whether or not Snape is guilty of betraying the order and fully going over to the dark side.

QUOTE (bajab)
We also know he withheld information that Harry had supplied (in OoTP). He said he checked on Sirius, but he did not tell anybody why he was checking, or what was happening to Harry at the time.


QUOTE (JKR Order of the Phoenix)
"but as I have explained, he informed the Order as soon as possible about what you had said.  It was he who deduced where you had gone when you did not return from the forest.  It was he too who gave Professor Umbridge fake Veritaserum when she was attempting to force you to tell of Sirius's whereabouts . . . . "


and prior to that:

QUOTE (JKR OotP)
  "he (Severus Snape) realized that you had had a vision of Sirius trapped in the bowels of the Department of Mysteries.  He, like you, atetempted to contact Sirius at once.  I should explain that members of the Order of the Phoenix have more reliable methods of communicating than the fire in Dolores Umbridge's office.  Professor SNape found that Sirius was alive and safe in Grimmauld Place.  When, however, you did not return from your trip into the forest with Dolores Umbridge, Professor Snape grew worried that you still believed Sirius to be a captive of Lord Voldemort's.  He alerted certain Order members at once."


Sorry for quoting so much text, but I wanted to point out that Snape did, in fact, help the Order out as much as he could from the position he was in at the time. He even "worried." (Thought that may be Dumbledore's spin on it.) We have definate evidence that Snape has once again saved Harry from the clutches of Voldemort.

Now then, I'd like to call attention to the past where Harry has been definately against Severus Snape. He accused him of wanting the Philosopher's Stone and was proven wrong. He accused Snape of trying to knock him off his broom: Turned out to be Quirrel and Snape was uttering the countercurse. He accused Snape of putting his name in the Goblet of Fire, again wrong. My point here, is that based on past evidence of Snape's innocence in regards to what Harry has believed. . . he is not as guilty of being a Death Eater now as Harry would like to believe.

It's hard to understand Snape as his treatment of Harry and statements are often juxtaposed with his good deeds and actions.
He is often at odds with what we'd like to think we know about him.

One other thing I'd like to address:
QUOTE (Just the Droobles)
he did flee pretty fast. Where exactly did he need to be?

Of course he fled quickly! He'd just killed Dumbledore . . .I don't think he'd want to stick around and have a scenerio of "shoot first, ask questions later."

I think I'll stop it there for now.

EDIT: heheh . . . pixy, you posted just as I was trying to, so I missed yours. (the word you're looking for is euthanize.) Unfortunately, I'm not sure that Dumbledore's pre-awareness of his demise would help our dear client . . . since, it could be argued that he should have attempted suicide or seek some other means of termination. However pre-meditated it is, Snape "pulled the trigger" so to speak.
bajab
I wish to withdraw the 'withholding' accusation. I had read those parts incorrectly, mea culpa.

I believed Snape had not told them what Harry had said until after Umbridge had taken Harry to the forrest and been gone long enough for Snape to 'become worried'. On re-reading those quotes, it would appear he did indeed pass on Harry's information when he checked on Sirius, although possibly not Harry's situation.


"he — Snape — didn’ wan’ ter do it any more —".

Assuming Hagrid was reporting the conversation accurately, Snape was already 'doing it' and didn't want to any more. He was not talking about a single act, he was talking about a function or role, but that's just semantics.

I want to present this conversation as evidence of a 'falling out' between Dumbledore and Snape, and as grounds for a possible motive or contributing factor in the murder.

traz-ak
QUOTE
"When, however, you did not return from your trip into the forest with Dolores Umbridge, Professor Snape grew worried that you still believed Sirius to be a captive of Lord Voldemort's.  He alerted certain Order members at once."


QUOTE
Snape did, in fact, help the Order out as much as he could from the position he was in at the time. He even "worried."


So it is the defense's position that Snape did everything that he could to help Harry on the night of Harry's romp in the Ministry in OotP. Yet, Harry and co. had time to fly (by thestral) all the way from Hogwarts in Northern England to London, leisurely explore the DoM, and engage in battle with DE's before the cavalry finally arrived. How long exactly did it take for Snape to "become worried" when Harry hadn't returned from the forest. Would you say that it was the third hour after Harry had first entered the forest or the fourth?

<"OBJECTION! Sarcasm!" screams the defense. "Sustained," says the judge.>

Withdrawn. (I think I made my point.)
passerby
Heh, first off, Traz. . .if you're comment is withdrawn, I expect to see it removed from your post as the jury isn't allowed to consider it. biggrin.gif

As far as the timing: Thestrals are very fast creatures. I don't believe the flight could have lasted very long. As far as Snape's end goes: I beilieve that he told the Order what was up when he checked on Sirius. Probably said, I'll get back to you. When (and who knows how long he waited for sufficient time) Harry did not return, he told Order where he believed Harry to be.

The defense isn't stating its position as "he did everything he could on the night of the MoM catastrophe," it's just merely offering it as one argument for Snape's innocence.
El Barto
Sorry for my uneventful absense (bart said that in one of the Halloween Specials if any of you remember), from the courtroom. I've reviewed the transcripts and...well, I've reviewed them blink.gif Don't know where I was going with that...

It has long bee a topic of discussion on the "trust" between Dumbledore and Snape...or the "quality" (as in good or bad) between Snape and Harry. Throughout the books, it seemed as though Harry was constantly blaming Snape...with unjust accusations that have already been brought up! Likewise, Dumbledore tells everyone who thinks otherwise, that he has an iron-clad reason for trusting him...or he used to say...

It is circumstantial, essentially, as to why Snape didn't immediatley come to Voldemort when he was "reborn". Possibly the best solution to this was that he was under Dumbledore's orders to stay, and reclaimed himself as a spy for Dumbledore and the Order; though there is no diffinitive proof to say that Snape and Dumbledore had their own agendas between them, it is very interesting to bring up; though I'm not sure if this should be done in this courtroom.

The events in the Half-Blood Prince are tangled in mystery that its beyond belief...at least until our next installment. Yes, Snape is guilty of killing Dumbledore...to each his/her own belief of course...but is he truley guilty of murdering Dumbledore. I think Horace Slughorn defined it differently, where he stated to young Tom Riddle that one must murder to create a Horcrux, along with a spell of some sorts. We can apply this to the death of Dumbledore, by saying that he murdered him is different than saying he killed him. However, one must look up the text given and see that he had a look of disgust or revulsion...or some other adjective...on his face once he layed eyes on the weakened Dumbledore. We also know that the AK curse needs to be meant in order for it to be done. Was he recalling past memories of his childhood, what we have glimpsed in OotP, to spark that feeling of resentment; then aim it all at Dumbledore as the living embodiment of it as part of a plan? Or part of his own little game? But of course, Draco was supposed to kill him...the other death eater's were eager to do it for him, but Snape chose to do it. I find this very curious.

Unfortunatley, I'm choosing to keep my arguments of the time situation in OotP because my partners are more of experts at this...to say the very least of course...

That is all I have to say for now...except one little thing that must be said.

Still not convinced by Snape's innocense? Then let me turn to the Rocko's Modern Life scenario: flowers, rainfalls, clouds, sunny days, sports, the color pink, rainbows, beauty........Snape has nothing to do with these......but it makes you think.........

*The jury mumbles and the audience applauds showing that they're convincined*

Woo hoo, lunch break...but its 11:22PM...thats just wrong...but at least I stayed in a Holiday Inn Express last night...if anyone knows what I'm talking about...ah jeez...sorry for the last 12 lines or so...
traz-ak
Traditionally, even though the jury is instructed to disregard such statements, it's not as if they can be made not to have heard it in the first place. Granted, this is wizard's court, and there's always Obliviation, but... I'm just going to pretend there is not such thing. tongue.gif

Yes, you are right. Thestrals are fast. But how fast are they exactly? According to OotP, flying on the thestral, Harry flew faster than he had before. But that only really means that the thestral was faster than a broomstick, on which I believe the journey would still have been a pretty long one. The only thing we really know for sure about how much time passed between taking off and arriving is that when they took off, the sun was just beginning to go down. Twilight fell as they flew, and by the time they got there, it had grown rather dark, if I'm not mistaken. Other than that, all we really know is that the journey from London to Hogwarts takes hours by train. I think it's reasonable to assume that at best, the journey by thestral couldn't have been less than an hour.

In as far as the Ministry goes, they also spent a good deal of time exploring the DoM before finally finding the Prophecy room, and then, there's all that business with the DE's. I think it's entirely reasonable to assume that a good two hours at least must have passed between the time Harry and co. left the forest and the time the cavalry finally arrived (from when they left the forest, mind you, meaning that you can factor in even more time before that point as well, for Snape to spend wondering - and "worrying" - what's become of them in the Forest).

In any case, by the time the cavalry arrived, Harry and co. were very near to being defeated, and deaths would have arrived for the young wizards and witches very quickly. The Order arrived just in the nick of time. Which means that it very easily could have gone the other way. Was this really just because time didn't work out in favor of Snape and the Order's favor, or was it, in fact, Snape's intention to take just enough time not to be found too suspicious by the Order, while still giving his fellow DE's enough time to dispatch Potter and his friends (who Snape would have perceived to be no match for the DE's, regardless of whether this point of view turned out to be correct or not).

Obviously, none of this is enough to convict Snape for evil-doing (which I repeat, murder under any circumstances is evil-doing, and if evil-doing is evil, then the evil-doer must be evil as well... blink.gif Yeah, that just about confused even me...), but it certainly is enough to cast one honking big shadow of doubt on at least one piece of evidence that the Defense as presented toward Snape's loyalties.
Omerus_Banning
I would like to submit that the prosecution has, perhaps, overstated its argument where the casting of the Killing Curse is concerned. It is accurate to say, with witnesses corroborating the assertion, that Severus Snape did cast the spell in question. However, if the intended target was essentially already bereft of life, can one accuse Severus Snape of murder?

Indeed, as it was abundantly clear throughout the events related in HBP, one could easily say that Albus Dumbledore was not in good health. Clearly, his health suffered greatly during his securing of the ring horcrux, which he subsequently allegedly destroyed. Snape, as potions master, could easily have maintained Dumbledore's health, at the latter's request, until such time as his patient had completed whatever plans and/or tasks he had wanted to complete. Certainly, after the events leading to the securing of the fake horcrux, it was abundantly clear that Dumbledore was at death's door.

Knowing this, is it then not possible that Dumbledore wanted as much good as possible to come from his imminent demise? He knew that Voldemort had ordered Draco Malfoy to kill him. By arranging for Snape to appear to kill the boy's assigned target, instead of having the Malfoy boy go through with the deed as planned, Dumbledore prevented a youth from performing an unforgiveable act. If we refer to the statements mentioned earlier by the prosecution to the effect that Snape no longer "wanted to do it", could it not be said that what he in fact no longer wanted to do was go through with the planned scene where he, Snape, would simply pretend to cast the killing curse at the already dying Dumbledore?

While the evidence concerning the theories mentioned above is quite specualtive, can the same not be said of the same evidence when used by the prosecution? As we must asume the accused innocent until proven guilty, Severus Snape has to be believed to be on the side of the Order.
Albus-wan
I thought I might add a little dimension to this discussion, as multiple book citations have already been used. I apologize for stepping out of the role play in order to make my point.

Snape's guilt or innocence (specifically, whether or not he is fighting against Voldemort, as opposed to whether or not he killed Dumbledore) has been examined solely on evidence from the book, but I propose that the books give us evidence about JKR, and so, if we try to examine his guilt or innocence based on what we can deduce about JKR, we might be a little bit more fruitful.

My reasoning is this. JKR can lead us to believe whatever she wants in order to make the story more interesting, and she has done so many times. Because we have only had the information she gives us, I'm sure all of us have gone back and forth about Snape multiple times as we've read through the series. Janet has referred to a few of these times. Each time we thought Snape was certainly guilty this time, only to have everything turned on its head when all the facts were revealed.

I believe we're looking at another one of these situations. The real question is whether this will follow the same pattern as before (everyone believes Snape is evil, but in the end additional information clears him and we begin to trust him again) or if JKR has established the pattern with the idea of using our trust in the pattern to fake us out once again (everything indicates Snape is evil, so, relying on the pattern we trust that he'll turn out to be good, but, surprise, he really is evil).

Understanding the author may be much more important than understanding the plot as she has presented it up to this point.
passerby
Oh, goody! Semantics!

I'm going to look at both "murder" and "kill" as verbs (though both can also be considered as nouns, but as we're looking at the action)
Murder-1 : to kill (a human being) unlawfully and with premeditated malice
2 : to slaughter wantonly : SLAY
3 a : to put an end to b : TEASE, TORMENT c : MUTILATE, MANGLE <murders French> d : to defeat badly

Kill-1 a : to deprive of life b (1) : to slaughter (as a hog) for food (2) : to convert a food animal into (a kind of meat) by slaughtering
2 a : to put an end to <kill competition> b : DEFEAT, VETO <killed the amendment> c : to mark for omission; also : DELETE
3 a : to destroy the vital or essential quality of <killed the pain with drugs> b : to cause to stop <kill the motor> c : to check the flow of current through

So, that clears it all up! biggrin.gif I guess the main point is, without jargon, murder and kill are synonymous depending on the recipient. Then when you add all the legal jargon, it turns into murder in the first, murder in the second, involuntary manslaughter, and all of that.

(Wow, I hope that had a point to it.)

I agree with Ablus in that we also need to consider evidence from the source herself. Though, this is also pretty convoluted as even when she sometimes says something, she says it to mislead and misdirect (as she has always been fairly protective of the plots to her unfinished, unpublished books.) I'll have to do a bit of research here, I suppose. :-)

I had other points to make, but the kids came home and are demanding juice. I'll have to take a recess from the court.
secretkeeper
It is very simple, Snape killed Dumbledore and is guilty in that matter. He performed the killing curse which is 2 life sentences to Azkaban. Even if he was on orders for Dumbledore, he still killed and that can not be taken back.

As far as he being on orders from Dumbledore, I want to hear soild proof, that means a statement from someone who knew about the inncodent before it occured. There are only two of them, Dumbledore and Snape. We know that Dumbledore is dead and who knows how long it will take to conjure his painting to be questioned. The other one is Snape, and he is very much alive. Now he will of course say that he was on orders but would you take the word of a murderer? I can answer that question, absolutly not.

I again say that killing someone is killing someone. All of the Death
Eaters could say they kill all of those people because they were on orders but would they be forgiven. I think not. There is no such evidence that proves that he is innocent but his word. But we have the words from many witnesses saying that Snape preformed the curse. I say he is guilty until proven innocent.

( ohmy.gif Did I just say all of that. That was fun biggrin.gif )
bajab
So has anyone found any case where information Snape supplied the Order was of significant value?

Back to the accusations.

Snape's actions in POA with Sirius showed how he was willing to persue his own concerns so single mindedly that he would happily send to death a (possibly) innocent man. He deliberately choose to disbelieve, or not even to hear, any evidence that Sirius was not guilty, so that he could have his revenge.

There is another 'fact' that I would like to add to the case against Snape.

He could not have known Harry was there.

At the time when Snape performed the illegal AK act, the only witnesses Snape knew of where people who he could count on to not go running to the authorities.

He may have suspected somebody else was there, because of the two brooms, but he did not, and could not possibly, have known where that second person had gone.

And never forget that Snape really was a Death Eater. Regardless of his actions since, at one point he was a true blue fully fledged member of Voldemorts murderous army.

Then we have the often mentioned fact that Dumbledore trusted Snape because he had secret information about Snape.

So we have a history of a turncoat Snape, proof that he can vindictively persuing revenge against somebody who has 'wronged' him, we have a witness to his having had a 'falling out' with Dumbledore, a man who held confidential information about Snape that proved his loyalty, and we have another eye witness to an act Snape thought he was conducting in 'secret'.

These, I believe, are facts stated in the books.

What do they mean? Well that part is speculation, but it does present the idea that Snape killed Dumbledore because he no longer wanted to work for the Order and this was a way out.

It also gives another reason as to why he did not kill Harry when he was leaving, there where too many witnesses around - Hagrid, people at the school etc.
passerby
QUOTE (secretkeeper)
I want to hear soild proof, that means a statement from someone who knew about the inncodent before it occured.


And we'd like proof that you are absolutely certain that they hadn't set something up before hand. (I don't think either side can get this proof . . .)

Bajab, I think that, even though I see you're passionate about your view, it is still speculative argument. We aren't shown what Snape's actions for the Order were (because the books focus mainly on Harry and his PoV, and we were shown two chapters outside of this PoV to influence our perceptions on two people).

As far as the murder meaning two life sentences in Azkaban-I do believe that extenuating circumstances often sway sentencing. So, it DOES matter if it were a premeditated act of supreme evil, or an agreed upon arrangement.

Also, in regards to an earlier comment on the timing of Snape's alert to the Order in OotP. I think an apropo question would actually be: Why did the Order fail to act when Snape first contacted Sirius to check to see where he was? Were they not concerned that Harry had had a vision where Sirius was captured? Were they not remembering that Harry does tend to have a "saving people thing?" Why did they not check at the MoM as soon as Snape told them the situation regarding Harry telling him that Snuffles had been taken? I don't think the blame on the late arrival of the Order can be totally, if at all, laid at Snape's feet.
bajab
No, I am definately talking about facts, not speculation.

QUOTE
We aren't shown what Snape's actions for the Order were


Which means there is no proof that his information was valuable, as opposed to the proof, in his own words, of his complicity in the death of Emmeline Vance.

All of our accusations and defense are speculation, except where it is written in the books.

As to why did the order act the way that it did, or how Harry feels about Snape, they are not on trial here, Snape is. The only time anybody else's actions or comments might be relevant are as examples of how people in HP universe act, or where their perceptions might be affected.

No matter how much Harry hates Snape, does anybody dispute that JKR reported what Harry saw accurately?

No matter how incompetant the Order might be, does that absolve Snape of his own tardy actions?

But, in partial answer to the questions posted by Passerby, we do not know exactly what Snape told them about Harry's vision. If Sirius's protectiveness of Harry is taken into account, it is certain he would have gone to Hogwarts as soon as he heard Harry was a captive of Umbridge. Is it safe to then assume that Snape did not in fact tell them exactly what was going on?

It can not be proven as fact, despite Dumbledore's words quoted earlier, but it sounds like Snape did not explain everything about Harry's vision and his predicament until after Umbridge had taken Harry into the forrest for so long that Snape had 'become worried'. The order may not have acted on Snapes initial report because Snape did not give them any information to indicate Harry was in any sort of trouble. That explanation of the Order's actions fits the facts.



passerby
QUOTE (bajab)
No matter how much Harry hates Snape, does anybody dispute that JKR reported what Harry saw accurately?


Actually, taking into account the point of view of the story, it might be an inaccurate accounting of what actually happened, because we are seeing it through Harry's eyes, feeling Harry's emotions as the action happens. Whether or not the information is accurate, we are seeing it through a skewed perception of Snape.

I'd also like to point out, as conclusive fact, of something that Severus Snape did do for the Order during the encounter with Umbridge in OotP (as quoted earlier). He gave Harry false Veritaserum when Umbridge was trying to assertain the whereabouts of Sirius Black. Now why, I ask you, would Severus withhold information to the whereabouts of his arch-enemy if he were not working for the Order?
bajab
QUOTE
He gave Harry false Veritaserum when Umbridge was trying to assertain the whereabouts of Sirius Black.


Now there is a debateable idea. He told Dumbledore that he gave her false Veritaserum, but since Harry did not take it, we do not know this for a fact.

But, even if it were true, one reason was that he may have been deeply involved in the plot to lure Harry to the MoM. If Sirius were captured before that happened, there would be no reason for Harry to go to the MoM.

In fact, if Snape DID give her false Veriataserum, it would be out of character for him, since he has displayed just how far he was willing to go to have Black executed.

Can this be more evidence of his involvement?

I am going to take a break for a while now and let other people get a few posts in smile.gif
traz-ak
Obviously, neither side is going to be able to prove indisputably that Snape is on the side of the Order or on the side of the DE's. Although it's possible we already have the smoking gun on the matter, we don't really know for sure if that smoking gun is all it appears to be until Book Seven. Therefore, I think it might be worth it to play this more like an actual trial would go. And in an actual trial, the burden of proof is, in fact, on the Prosecution. The Defense's responsibility would be to try to cast a reasonable doubt on the situation.

As far as reasonable doubts go, though, there is little doubt, even among Snape's defenders, that Snape did in fact commit the murder. Although there is some speculation that said-murder may have been faked, that is all speculation and any doubt cast by such speculation is far from "reasonable." So it's practically all but proven that Snape did at least commit the supreme act of evil on that tower. Which leaves the question (not necessarily a question that would need to be asked in a real-life murder trial, but certainly one that needs to be asked and answered for this one) of whether Snape was justified in that murder.

We, the Prosecution, have not yet proven that he was not, but neither has the Defense provided a reasonable doubt. Doubt, perhaps, but how reasonable it is is another matter.

(I know that I didn't quite dispute the evidence this time, but I thought this much needed to be said. If we have a better idea of exactly what and how much each side is necessarily trying to prove...)
Just the Droobles
Might I add something....After Harry brings Dumbledore out of the cave, and they Apparate to Hogsmeade, Dumbldore repeatedly asks to see Severus. Whether you want to believe he needed him for a health potion or so he could Avada Kedavra him out of his misery doesn't matter. The fact is, at that point, Dumbledore believed that Severus could help him. They fly off to the castle, and Dumbldore still wants Harry to get Severus. In this time of need, Dumbledore asks for Severus, of all people. Why?

But then comes the part of Snape being a double agent. Both Dumbledore and Malfoy seem to think Snape is on their side. All through it though, Dumbledore trusts Snape. Dumbldore is a very wise man, but Snape knows Occlumency. How many things could Snape be hiding from Dumbledore? Occlumency, especially in the mind of someone like Snape, can be used to deceive someone to the highest extent. Snape obviously can easily block Dumbledore out, but Dumbledore surely knows he can do that, as he wanted Snape to give Harry lessons. He knows this and he still trusts Snape. To me, Snape has to have done something, to let Dumbledore know that he is indeed with him. Would you trust someone who you know could be deceiving you?

As Snape showed up, Harry heard pleading in Dumbledore's voice. As someone acknowledged before, we were seeing it from Harry's view, but that is not something he would've ever wanted to see from Albus Dumbledore. But I must quote the book:

"Snape gazed for a moment at Dumbledore, and there was revulsion and hatred etched in the harsh lines of his face."

Noting that 'revulsion' and 'hatred' are two very powerful words, and hearing that Dumbledore actually began to plead with Snape, I will now step over into the Prosecution side, as Severus Snape cannot be trusted.
Bumblebee
Your Honour, Members of the Wizengamot, if it pleases the court I would like to say a few words as a minor member of the team for the Defense.

I draw your attention to a curious effect that the defendant's AK had on Dumbledore: it blew Dumbledore off his feet, propelled him backwards and threw him off the tower.

Now let's assume that the AK would work on Dumbledore in the same way as it would on other people, and that Dumbledore does not possess any special defence against it nor is able to modify the spell to act differently on him. Then why did the AK work differently on him than it did on the other victims of the curse that Harry had seen?

In the words of the fake Moody and Bellatrix Black, both accomplished users of the AK, the AK curse will only work if you mean it.

Could it be possible that the defendant's use of the AK was not sincere, and moreover that the defendant knew that the curse would not work, and that he concurrently used another (non-verbal) spell to throw Dumbledore off the tower, and this is the real reason for the curious side effect of Dumbledore being blown off his feet?

It is my conclusion that the defendant could have used a second spell to mask the ineffectiveness of his AK to the Death Eaters that were present. This second spell blew the body out of anyone's reach and made it impossible for the Death Eaters to determine what the actual cause of death had been.

I'd like to remind the jury that the defendant had been under an Unbreakable Oath to help Draco Malfoy and to complete Draco's task if Draco found himself unable to complete it himself. Draco failed at the task and the defendant had to choose between completing it or dying. Dead, he would be of no help to Draco or anyone. Alive, he would be in a good position to act against Voldemort where least suspected, because the killing of Dumbledore would remove any suspicions Voldemort and his Death Eaters might have had about his loyalty.

If this is not so, why would the defendent have been so uncerrtain about the effectiveness of his AK curse that he used a second spell?
I believe that the defendant's use of the second spell proves that he did not want to kill Dumbledore.

He needed to kill Dumbledore to fulfill the terms of his Oath and to stay alive. He cannot be faulted for wanting to stay alive, even if there had not been a pact between Dumbledore and the defendant about his role as a spy. The killing served two purposes: it kept him alive and it made the Death Eaters and Voldemort trust him, so that he could continue to work for the Order.
Albus-wan
Many people have noted that, as secret said, "Killing someone is killing someone." Traz-ak has helped to move us away from that as being the focus of the trial by noting that very few people dispute whether or not Snape performed the killing curse on Dumbledore. I'd like to add to that.

We can all imagine a scenario in muggle warfare where a general would order one under his command to detonate explosives that would kill the general. Such a situation might arise if he was amdist hostiles and a major military target could be taken out if acted on promptly, but such objective would be far less likely to be accomplished if the general was given time to evacuate. If this scenario arose, should the soldier who detonates the explosives be sentenced with murder?

For this reason we are under obligation to examine the morives behind Snape's actions even though the evidence that Snape killed Dumbledore is nearly irrefutable.

It is also for this reason that I'd like to dispute the following statement:

QUOTE (Traz-ak)
So it's practically all but proven that Snape did at least commit the supreme act of evil on that tower.

I argue that the use of the term "supreme act of evil" may inappropriately bias any jury against the defendant. It may turn out that Snape, in killing Dumbledore, is guilty of nothing less than a supreme act of selflessness and good.

Earlier, bajab argued against Snape's character by citing his actions in PoA. I concede that his decisions were made hastily and reflect prejudice against a man that has since been proved to be innocent, but we do not know that Snape was acting out of vengeance. It is possible that Snape believed he was in a better position to judge Sirius's character and the likelihood that Sirius would, in fact, betray the Potters. Who would know Sirius's darker side better than Snape, who was the victim of Sirius's darkest pranks? Wouldn't someone with Snape's exposure to Sirius Black find it very easy to believe he would become a Death Eater? Sirius's lineage fits perfectly into the ranks of the DEs. So his judgment was flawed, but we do not know that it represents vengeful motivation.

Bajab also asserted that Snape could not have known there were non-DE witnesses present. Again, we do not know what knowledge Snape had. It is entirely possible that Dumbledore assured Snape that if he was required to kill him, Dumbledore would do everything possible to make sure that a witness was present.

Then again, even Snape believed the only witnesses to the killing of Albus Dumbledore were people loyal to Voldemort, this does not provide any evidence that he was betraying Dumbledore. If Dumbledore had ordered Snape to kill him, the only people who would need to see him do it are those loyal to Voldemort. What the Order believes about Dumbledore's death is not nearly as important as what Voldemort and his DEs believe.

In fact, under the theory that Snape and Dumbledore were conspiring, it would actually be more useful if only Death Eaters witnessed the killing. If the Order somehow doubted that Snape did it, he might still be able to pass on useful information.

In response to another of bajab's accusations of Snape being a known turncoat, yes, we know he's a turncoat. While this may suggest it is within his character to switch sides when it seems convenient to him, it raises a more important concern which has already been hinted--why did Snape come over to Dumbledore's side? Why did Dumbledore trust Snape?

This brings me back to my thoughts in my original post in this thread. I believe that JKR has not provided the concrete reason for why Dumbledore trusts Snape, and I believe she has purposefully ommitted this reason. Dumbledore trusted Snape completely, and I believe if the reason he trusted Snape were revealed we would not be having this debate, and this is precisely the reason the information has been withheld.

Passerby was right to say, "we were shown two chapters outside of this PoV to influence our perceptions on two people". JKR is manipulating us, and if we would like to know the truth, we must begin to think like her.

My final argument for this post is in response to Droobles. She was perceptive in noting that Snape's face was filled with hatred and revulsion. I encourage her and all others eager to pass judgment on Snape to think about where else they had seen such hatred and revulsion just prior to Dumbledore's death.

We saw that hatred and revulsion within Harry himself. Harry, under Dumbledore's orders, forced the beloved headmaster to drink a potion even though Dumbledore then pleaded for him not to force him to drink anymore of it...and Harry hated himself for it. This parallelism actually serves better as evidence that Snape was following Dumbledore's orders than that Snape was betraying him.
passerby
QUOTE (bajab)
Now there is a debateable idea. He told Dumbledore that he gave her false Veritaserum, but since Harry did not take it, we do not know this for a fact.

I do not believe this is a debateable idea. He told Dumbledore this while not knowing that Harry had not taken the potion. He would have nothing to gain by lying here. Snape was not privy to the information that Harry dumped his tea into a plant, so Snape was initiating the idea of fake Veritaserum as he told it to Dumbledore.

QUOTE (Albus-wan)
I believe that JKR has not provided the concrete reason for why Dumbledore trusts Snape, and I believe she has purposefully ommitted this reason. Dumbledore trusted Snape completely, and I believe if the reason he trusted Snape were revealed we would not be having this debate, and this is precisely the reason the information has been withheld.

I agree whole-heartedly here. It is in JKR's history to mislead her audience in order to make a more dramatic showing of what the facts are.

QUOTE (Albus-wan)
We saw that hatred and revulsion within Harry himself. Harry, under Dumbledore's orders, forced the beloved headmaster to drink a potion even though Dumbledore then pleaded for him not to force him to drink anymore of it...and Harry hated himself for it. This parallelism actually serves better as evidence that Snape was following Dumbledore's orders than that Snape was betraying him.

Thank you, Albus, for pointing this out. I think that this is an excellent parallel into the inner-turmoil for the same situation as felt by two vastly different characters. In short, neither of them wanted to harm Dumbledore.
traz-ak
Hmmm... much to my surprise, I think I'm beginning to find myself swayed. With that in mind, though I'm not quite ready to switch sides (I'm swaying, but I'm not convinced), I think it best I step down from the Prosecution temporarily. Good arguments.

Though I don't know if I agree with not calling the murder of Dumbledore by Snape the supreme act of evil. It's the act itself that I believe is so detestable and evil, not the circumstances in which it was commited. However, if the assertion that Snape did not truly AK Dumbledore is accurate, then that I could concede the point of evil-doing. But not if the AK was truly commited. I just can't accept that Snape killing Dumbledore outright would not be considered an evil act.

So I hereby take a temporary leave of absense from the arguments, until such time that I can figure out which side I agree with more. blink.gif
Just the Droobles
Man, right when I think I have my mind made up...

QUOTE
Bajab also asserted that Snape could not have known there were non-DE witnesses present. Again, we do not know what knowledge Snape had. It is entirely possible that Dumbledore assured Snape that if he was required to kill him, Dumbledore would do everything possible to make sure that a witness was present.

I think this is an excellent point. Perhaps Snape only believed that DE saw him kill Dumbledore. But wouldn't it have made Snape wonder why all the sudden Harry was trying to hurt him? All along Harry had been told that Snape was good. So Snape should've thought that it was peculiar for Harry to be trying to hex him if he was supposed to be trusting Snape. Again, Snape didn't know Harry was there. I'm just wondering...

QUOTE
This parallelism actually serves better as evidence that Snape was following Dumbledore's orders than that Snape was betraying him.

Well, I would like to say in argument to this...that I don't have an argument for this. Well done post, Albus-wan.
secretkeeper
QUOTE
We can all imagine a scenario in muggle warfare where a general would order one under his command to detonate explosives that would kill the general. Such a situation might arise if he was amdist hostiles and a major military target could be taken out if acted on promptly, but such objective would be far less likely to be accomplished if the general was given time to evacuate. If this scenario arose, should the soldier who detonates the explosives be sentenced with murder?


Now there is a difference in murder and defense. In the real world, that would be the soliders duity and his job. In the wizarding world, there are different spells for self defense and murder. For the wizard that cast the AK curse is used to have the intent of killing someone. And you have to have feelings behind it or it won't work. If someone is to attack you, you would block the spell and not try to kill them all the time. There is a very big difference between detonating explosives and sending a killing curse towards someone.

QUOTE
This parallelism actually serves better as evidence that Snape was following Dumbledore's orders than that Snape was betraying him.


I'll go against this therory. Snape had respect for Dumbledore though. I think everyone respected Dumbledore, even Voldemort. For instance, if Harry had to kill Lupin because he wouldn't control his transforming, Harry would have to do it but would have respect for him. Now if Harry were to kill Snape, it wouldn't be filled with respect, instead, it would be filled with hatred. I see no way that the expressions on Snape's face or in his voice couldn't be a reason for his actions.

Now one thing I want to bring up before I end my arguement. The vow Narcissa made with Snape said that he would step in and do what Draco was to do if he couldn't do it. I believe that Draco was capable of killing Dumbledore and Snape just jumped in and did it anyway. It was not breaking the vow and Dumbledore had no knowledge of what Draco was planning. There is no proof to say that Dumbledore knew that he was going to die. The conversation he had with Snape that Hagrid heard could have been Dumbledore asking Snape to bring the Malfoy's over to the good side or to get close to Voldemort. I'm sorry but I don't see any solid proof that he was talking about Snape killing him. As said before, JK often leads on others to believe on thing and it be something completly different.
passerby
QUOTE
Now one thing I want to bring up before I end my arguement. The vow Narcissa made with Snape said that he would step in and do what Draco was to do if he couldn't do it.


It could be that Severus and Dumbledore had already discussed that Snape was to end his life (him being given the post of DADA teacher and all), so that by agreeing to unbreakable vow-remember he was hesitant?-he hesitated because it would solidify that he would have to do it. . .whereas before he might have had the choice to refuse when the time came.

Also, this business with him stepping in before Draco could do it, even if he were going to, perhaps Snape stepped in to save Draco from having to do this terrible crime. Step in so that Draco would not have this on his conscience. It's very hard to guess at motive here until we have the facts, I suppose. If we're going to argue about the argument that Hagrid overheard (which I honestly think is kind of fruitless), we must also consider that perhaps Dumbledore was telling Snape that he needed to step in before Draco could stain himself with this crime. . .
laudine
As an international member of the defence team let me apologise for my not good spoken 'law English'.

Let me now carry on the point Omerus posted here. Albus Dumbledore was NOT in a good health condition when he was murdered with Adava Kedavra. This can be seen by the condition of his hand, that never, and I repeat never, healed the whole year through. Plus I might remind the members of the jury that we never got a real, good and satisfying explanation on what really happened to that hand. We know that the hand was badly hurt during destroying the horcrux, but we got received information from one, just one line in the book. Now let me ask you: Was that explanation, that Albus Dumbledore gave Harry Potter, the whole and true explanation? If you look back, there are a couple of situations where Dumbledore didn't offer the whole explanation on a circumstance to Harry Potter. As it was missed to fully look at Dumbledore's corpse before his burial we do not know, if Dumbledore was sick, but by the look of it he was.

Now to the Adava Kedavra: Yes, Moody said during class that you have to mean this 'spell' to be able to kill someone. But I think we all agree on the fact, that Severus Snape is a very powerful wizard. So, members of the jury, let me ask you: Does even a powerful wizard, like Severus Snape, really have to mean Adava Kedavra to kill someone, or can he do it without really wanting it? Let me remind you, ladies and gentlemen, this man, whom I'm trying to defend, is able to make up his own spells, he is powerful indeed.

This was fun, forgive my English, I'm Swiss. smile.gif
Albus-wan
Good point, laudine. The man, as unhappy as he seems, is still capable of summoning a happy enough thought to create a patronus. Surely he's skilled enough to kill Dumbledore with Avada Kedavra even though he didn't want to.

Secret, my point is that if Snape killed Dumbledore on Dumbledore's orders because the two believed it would help bring about Voldemort's demise, then we're not truly talking about murder or suicide, we're talking about two people who are trying to achieve a greater good and have to make some tough decisions in order to accomplish their goals. This is a war after all.

You cited Snape stepping in and killing Dumbledore when it was still possible that Draco could have done it as evidence of Snape's guilt, but I propose that this is stronger evidence that he is not working for Voldemort.

One reason is, as has been mentioned before, by stepping in and killing Dumbledore he prevented Draco from doing it. If Snape was truly on Voldemort's side, wouldn't he want Voldemort to be as powerful as possible? Wouldn't this mean he would want his followers to be as skilled, unscrupulous, and powerful as possible? In this case, Snape should have been encouraging Draco to do kill Dumbledore--it would be the perfect initiation and would make it easier for Draco to perform such an act in the future, but instead he provided a way out for Draco. While it's true that the young Malfoy allowed the Death Eaters into Hogwarts, and seemed to be threatening Dumbledore, neither he nor those he let into Hogwarts ended up killing anybody. At worst, he's indirectly responsible for the mauling of Bill Weasely.

The second reason may be even more compelling evidence that Snape is not working for Dumbledore. As Draco stood poised to kill Dumbledore but finding trouble summoning the courage to finish the task, the DEs present seemed more than willing to step in and finish the job for him, but they restrained themselves. Their reason? They had been given strict orders from Voldemort saying that Draco must be the one to kill Dumbledore. When Snape stepped in and killed Dumbledore with Draco still in a position to do it himself, he disobeyed a direct order from Voldemort, which any wise and faithful DE would never do.

There are two possibilities that arise from the last point. One is that he was intentionally operating outside of the plans dictated by Voldemort, which is at least evidence that he was not completely loyal to Voldemort, and strongly hints that he was colluding with Dumbledore.

The other possibility is that he was not actually privy to Voldemort's plans in this regard. He wasn't there, after all, when the DEs restrained themselves, mentioning that Voldemort had said only the boy was to kill Voldemort. This option leads almost conclusively to the idea that Snape was bluffing in Spinners End when he said that Voldemort had told him about Draco's mission, which would explain the argument that Hagrid overheard, and would again imply collusion with Dumbledore.

At this point, there is more than reasonable doubt cast on Snape's guilt.
traz-ak
I'm not even going to try to argue Albus-wan's points right now. They're too good, and I'm still too unsure to be able to leap back into the middle of this debate... but one tiny thing before I sit back down...

QUOTE
Albus Dumbledore was NOT in a good health condition when he was murdered with Adava Kedavra.


And if Dumbledore in fact died of his condition, rather than the AK, that would be more meaningful. If however, he was killed by the AK, then the fact that DD's health was in poor condition may not be a very good excuse. Or... at least it would be even further controversial, I suppose... That's really all I can think to offer right now.
laudine
QUOTE (traz-ak @ Feb 16 2006, 11:50 AM)
If however, he was killed by the AK, then the fact that DD's health was in poor condition may not be a very good excuse.

But, if Dumbledore wanted to die with dignity and doing something good at the same time, here saving Draco from committing the unforgivable AK, he could have ordered Severus Snape to do that. He wanted Snape to kill him, because he was ill and would have died anyway, and save Draco at the same time. Like this his death had a reason, was controllable and he didn't die a senile (so?) old man who has no idea what's going in the world.
passerby
In the same vein as laudine has taken us, I'd like to point out a few more instances of direct disobediance by Severus Snape to the Voldemort.

1) He did not appear immediately after his dark mark started to burn (which was the order given by Voldemort). Yes, he explained his actions behind this to Bellatrix and he returned two hours later. . .but he disobeyed the Dark Lord by not following a aforementioned order of appearing the instant the Dark Lord calls his death eaters to him.

2) He spoke of "the plan" to Narcissa and Bellatrix though the Dark Lord had expressly prohibited the plan from being spoken of (we learn this through Bellatrix) and what's more, Snape alters the plan to suit his own purposes.

3) He did not, as laudine has pointed out, wait to determine if Draco would fail before he acted.

Interesting . . . I have him as thrice disobeying Voldemort. Sounds a little familiar, don't you think?

There are other, not direct disobediances, but anti-Voldemort action that Snape has contributed to as well, but I'll save those for another post if anyone's interested.

(One interesting thing to note about Snape's explanations of his actions in the chapter "Spinner's End" is that he goes to great lengths to ensure that any of his actions are covered by orders from BOTH Dumbledore and Voldemort . . .so neither side can accuse him of being disloyal by his actions. He also goes to great lengths to tell Bellatrix and Narcissa that Dumbledore trusts him implicitly: Funny, they say the same thing about how Voldemort trusts him implicitly.)
Louise
My learned collegues of the defence team have indeed been making some extremely convincing arguments for Snape's innocence, but I must also concede that my learned collegues of the prosecution have also raised several important questions regarding Snape's actions both prior to and following Dumbledore's death.

As such, I believe it may be prudent at this point in the proceedings to make something of a summary of the evidence thus far.

I do not believe that any legal representative in this court room is in dispute of several known facts:-

1. Dumbledore is dead. It appears as though Snape was the means of that death. Whether by AK or some non-verbal spell is debatable, but the fact of death is not in dispute.

2. Snape made a Vow to complete Draco's task. Whether he knew what that task actually was is, again, debatable. The fact that he made the Vow is not.

With these facts in mind, and considering the arguments that have been made thus far, it seems as though most of the evidence is inconclusive and as Albus has quite correctly pointed out, this is no doubt deliberate on the part of the author whose obvious intention is to confuse and bedfuddle the jury.

Some slightly more debated "facts" are:

1. Dumbledore was sick and/or dying at the time Snape apparently killed him. As some of my learned friends have already pointed out, there is a difference between murder and killing. Murder implies malice aforethought. We have no evidence that this exists in this case. However, is it murder if the victim was already dying? Of course. We are all of us dying - some more quickly than others. Does that mean murder is no longer a crime if we are dying anyway? No. Hence the charge is murder, whether Dumbledore was dying or not. What *is* debatable is whether or not a form of assisted suicide or sacrifice may still be considered murder. If the victim is willing to die and has even specified a mode of death, then can his/her killer still be charged with murder?

To consider this possibility we must look for evidence of Dumbledore's sickness throughout HBP. Did Dumbledore seem sick? He was certainly injured and much weaker than normal. Was this a result of a more long-lasting curse that damaged his arm? Or was there something else wrong?

As a member of the defence team, I have to echo my learned friend Janet's points that Snape has, several times, defied Voldemort's orders. To build on that, I would like to also draw the jury's attention to Albus' point that none of the other DE's on the tower that night stepped forward when Draco was apparently wavering. Snape not only disobeyed Voldemort's instructions in doing what Draco could not, but he did not seem fearful of doing so. I draw the jury's attention to the hatred and revulsion - but no fear. Snape was not afraid of Voldemort.

To my second point - Snape stopped a DE from cursing Harry - he quite vocally made it clear that the Dark Lord's orders were to be obeyed. Why did he choose to disobey Voldemort's orders in one moment only to follow them the next? I put it to the jury that my client was, in both instances, acting by some pre-arranged plan between the victim and the accused which would result in the sacrifice of Dumbledore but the protection of Harry, which was, after all, the main purpose of much of Dumbledore's last known actions. Why? Because Dumbledore knew Harry was the only means left to defeat Voldemort.

The defence rests for the moment in order to attend to her hungry brood of nephews....tongue.gif



passerby
This seems the place for some of my newest musings on Snape. . .I'll be referencing a lot of "Spinner's End" from HBP, obviously, in this post as I've just tried disecting it again!

We know that Snape is expertly evasive in a lot of his actions and words . . . but I'd like to get you thinking about a few of them in light of his loyalty being to Dumbledore:

1.
QUOTE (Snape)
"Fooled the Dark Lord, the greatest wizard, the most accomplished Legilimens the world has ever seen?"

And Dumbledore is probably another of the greatest Legilimens the world has ever seen, but somehow Snape's managed to fool one of them.

2. Snape goes to great lengths to make sure that his actions have been covered by both Dumbledore and Voldemort. He hasn't done anything that either of them could fault up to a point. (I'm arguing here for a history of his actions.)

3. Snape continually refers to Dumbledore's implicit trust in him. Narcissa, and even Bellatrix, point out how the Dark Lord trusts Snape above all. Snape's obviously got to be untrustworthy to one of them.

4.
QUOTE
I have played my part well," said Snape.  "And you overlook Dumbledore's greatest weakness:  He has to believe the best of people.  I spun him a tale of deepest remorse when I joined his staff, fresh from my Death Eater days. . ."

Taking a look at the grammatical cues here-Snape doesn't actually imply he's only played his part well for Dumbledore. It's a sentence all on it's own, so it could imply he's played his part for Voldemort well. Also, I think he's misleading Bellatrix here. . .he's says "when I joined the staff," but I don't think Dumbledore would have let him join the staff in the first place if he'd needed to spin a tale of remorse after he'd already joined the staff.

5.
QUOTE (JKR HBPP)
He looked away from the sight of her tears as though they were indecent, but he could not pretend not to hear her.

Snape HATES signs of weakness . . .any sign. Do you think he'd look up to Voldemort when he couldn't even kill a baby? I think Snape might have a problem with Voldemort's weakness as we've so often seen him have a problem with other people's weaknesses. (I'm only referrencing Narcissa here since she happens to be in this chapter.)

6.
QUOTE (JKR Severus Snape HBP)
He intends me to do it in the end, I think.
In the chapters surrounding this one, Severus has never referred to the Dark Lord as "he" without first qualifying it by saying "The Dark Lord." Then Snape is free to refer to him as "he." In this instance, however, there is no qualifier for the "He." It is just stated. . . It could be that Snape is not referring to Voldemort here at all, but he's referring to Dumbledore. (He doesn't mention the Dark Lord at all in this particular paragraph.)

All these ponderings aside . . . I'd also like to throw out something to look at along a different line: Just how powerful is Severus Snape?

Take a look with me at Narcissa for a moment. Before the unbreakable vow, she says (referring to Draco's inevitable inability to carry out the task the Dark Lord has set for him)
QUOTE (JKR HBP)
"But he won't succeed!" sobbed Narcissa.  "How can he, when the Dark Lord himself ---"
I think we can probably ascertain she was going to speak of Voldemort's failure to get rid of Dumbledore.
Then, not a page later she says. . .
QUOTE
"You could do it.  You could do it instead of Draco, Severus.  You wold succeed, of course you would, and he would reward you beyond all of us --"
Hmm. . .
She's just said there's no hope that Draco could do it. She's just said that Voldemort couldn't do it. But, she seems to think that Severus Snape would have no trouble. "Of course you would (succeed)."

My question for you to consider in that is this: Just how powerful is our dear Severus Snape that at least one of Voldemort's own Death Eaters seems to count Severus as more capable then the Dark Lord himself?

I'm hoping this will fit well in this debate and will get you thinking on the way Snape presents himself to Voldemort's followers. . .
laudine


Even if I'm on the defence team, I'm not so sure about this Janet. think Narcissa refers to that Voldemort as getting a lot of attention whereever he turns up, can't just get into Hogwarts and kill Albud Dumbledore. Severus Snape however is in possesion (sp?) of Dumbledore's trust, it would be easy for him to kill the headmaster as a teacher and as a friend.

But I agree that we have to ask how powerful Severus Snape really is. The problem is that we all, at least at the beginning, see him as this dark teacher, who takes pleasure in vexing his students, and who is too low a wizard that Dumbledore would give him the job of the Defence against the Dark Arts job. But I start to ask myself if there's a chance that he didn't give this job to Snape because he knew, and after HBP we know too, that the job was cursed. He wanted to hold Snape as a teacher in Hogwarts as long as possible. Why? Not because it's too dangereous that he's this kind of teacher, but he's too powerful to loose him.

I know this is just speculation, but maybe you could think it over and tell me what you think smile.gif
bajab
Time to throw a few more comments in. smile.gif

Are we to take as fact Snape's own words?

If so, then we know exactly why Dumbledore trusted Snape, and it was because Snape tricked him. By Snapes own words, Dumbledore's trust was misplaced, and he (Snape) had returned to Voldemort (HBP - Spinner's End).

Snape admitted working for the Dark Lord against Dumbledore. You may believe that he was lying, but is there anywhere that he actually says he was lying, or are you just guessing?

He has many reasons for pretending to work for Dumbledore, including his stated fact that it was only Dumbledore's protection keeping him out of Azkaban, but in HBP he admited to returning to Voldemort, and his actions after that are consistent with what he told Bellatrix. He murdered Dumbledore once the other Death Eaters told him Draco could not (precisely the condition specified by the Vow), and did not kill (or allow to be killed) Harry because Voldemort had told the Death Eaters not to.

Can anyone find anywhere that Snape says he was lying to Narcissa? Or any statement he makes that directly contradicts this words to her?

Because if he did not, his words must be taken as an admission of guilt: He was indeed working for Voldemort.
passerby
laudine, Narcissa doesn't mention anything about Voldemort not being able to go to places because he'd be too recognized (though I know he is limited in this aspect), but she is speaking directly to the task of killing Dumbledore (which Voldemort was unsuccessful in during the DoM confrontation). It just seems quite potent to me that she feels Severus would be able to succeed where Voldemort had failed.

My last post was mainly to get people thinking about how convoluted Snape presents himself . . . that it's impossible to actually tell what side he's on even when he's defending himself to a Death Eater.

I agree, too, that Dumbledore knew something was going to happen that would make Snape unable to continue at Hogwarts past this year since he gave Snape the DADA position which he claimed to be cursed. He had some foresight, that for some reason, Snape would no longer be at the school.

QUOTE (bajab)
Snape admitted working for the Dark Lord against Dumbledore.

He actually doesn't. He continually reminds bellatrix that the Dark Lord trusts him. . .so she shouldn't be questioning. He never says "I'm on Voldemort's team as a Death Eater." He also says he's working as a spy for Voldemort, but he's also said he's working as a spy for Dumbledore.

QUOTE (bajab)
He murdered Dumbledore once the other Death Eaters told him Draco could not

The death eater, Amycus (I think), started to say "The boy doesn't seem able . . ." Which I suppose would alert Snape that Draco couldn't do it, but based on his prior conversation about Voldemort insisting that Draco try first. . .Snape would have asked Draco what was going on and if he couldn't do it. It is consistent with Snape's character that he would have goaded Malfoy a bit before giving up on him and uttering the curse itself.

I was also thinking again on this argument in the forest. If Snape were working where Voldemort wanted him, and was on Voldemort's side, why would he argue with Dumbledore about not doing it anymore? I mean, he's supposedly lying anyways, right?

As far as Snape saying he's lying to Narcissa . . . well he has no reason to admit this to anyone as it was the only private conversation we are admitted to hear between Snape and, well, anyone. We can't forget that authors will continually manipulte their readers by granting access to some and denying access to other conversations and situations. I don't think his words can be taken for an admission of guilt because of the circumstances surrounding that conversation. If I were a spy, I would not tell the side I was against that I was against it, would I, if confronted. It would just defeat the purpose of being a spy.

Heh, it appears louise was posting at the same time I was editing. . .
Louise
Ah, but this is precisely my point, bajab - all we have to go on right now are words, from any viewpoint. Approaching the problem from that angle is nigh on impossible because it comes down to whose word do you trust more? Snape's or Dumbledore's? To decide on that you have to decide on trustworthiness, which has to be earned. How do you earn trust? Through actions and time. So, we need to look at actions, not words or reported conversations.

Factual actions -

1. Snape was the one who overheard part of the prophecy. He told Voldemort of it.

2. Snape saved Harry when Quirrel was trying to kill him in PS.

3. Snape wanted to referee the Quidditch match in PoA (I think...was PoA, wasn't it? unsure.gif ) to make sure Harry would be safe. What other reason could he have had? He doesn't seem that passionate about Quidditch to want to sway the match in Slytherin's favour.

4. Snape stopped the DE from torturing Harry in HBP.

5. Dumbledore trusts Snape - he's proved it by letting him in to the Order and entrusting certain errands to him...getting the Veritaserum to question Barty Crouch, for example.

These are just a few example...there are obviously a lot more relevant ones too, but these are all I could think of right now when I don't have the books.

Whatever Snape's true motivations, it cannot be said that he has constantly worked against Dumbledore and Harry. Quite the contrary - he has done things above and beyond his duty, like informing the Order that Harry was going to the Ministry, saving Harry is PS etc. He didn't *need* to do those things in order to maintain his cover, so what other reasons would he have?

There's no doubt that Snape is a powerful wizard, but he is also a little conceited in that he knows it. That doesn't make him evil, that makes him a Slytherin and as we know from Slughorn, being a Slytherin doesn't necessarily make you a bad person. Just one with some minor character flaws. Would conceit lead Snape into thinking that he was better than both Voldemort and Dumbledore? No, I don't think so. Part of greatness is respect for your mentors. I don't think Snape would ever have a problem with respect - he has shown it for Dumbledore on numerous occasions. Namely overcoming his obvious personal dislike for Sirius to enable an uneasy alliance.

EDIT : Ooh, Janet posted while I was tongue.gif Yes, I agree - Dumbledore knew the post was cursed and knew that in giving it to Snape, something would likely happen to lose him. Does that mean that he knew Snape would have to do something that would permanently eject him from the school, like killing its headmaster? In that case, what was the conversation that Hagrid overheard all about? Was he testing the curse for some reason? Why did Snape take the risk of accepting the post anyway, knowing it was cursed?
bajab
passerby:
QUOTE
He actually doesn't. He continually reminds bellatrix that the Dark Lord trusts him. . .so she shouldn't be questioning. He never says "I'm on Voldemort's team as a Death Eater." He also says he's working as a spy for Voldemort, but he's also said he's working as a spy for Dumbledore.


Ah, but he does, when he says "Yes, the Dark Lord thought that I had left him forever, but he was wrong." He is stating - as fact - that he had returned to the Dark Lord.

Michelle:
QUOTE
whose word do you trust more? Snape's or Dumbledore's?

Trust has nothing to do with it. Dumbledore trusted Snape because Snape tricked him. This is what Snape admitted and nowhere does Dumbledore say anything to the contrary.

Regarding Snape's action PRIOR to GoF - he has explained that his actions were because he did not know Voldemort was alive and needed to keep in Dumbledore's favour because that was all that was keeping him out of prison.

QUOTE
4. Snape stopped the DE from torturing Harry in HBP.

He stopped the DE from hurting Harry on Voldemort's orders, as he stated in HBP to the DE responsible.

QUOTE
5. Dumbledore trusts Snape
We know why Dumbledore trusts Snape, but we know this is because Snape tricked him - again by Snapes words.

We are comparing guesses and interpretations of Snape's possible 'good' motiviations and actions against the fact of his confession of 'evil' intent and action.

So, it becomes incumbent on the defensive to prove Snape's confession (in HBP) is not true. All of his actions after that confession fit in exactly with what he told the girls.

Don't they?
Louise
Ah, I beg to differ - I think trust has everything to do with it.

It all hinges on Dumbledore - is Dumbledore that gullible? Would he really have simply accepted Snape's word for it, given all the evidence to the contrary? Given that he did what he did about the prophecy, I mean. If Dumbledore did believe Snape solely on his word; if he gave Snape such free reign within the Order based only on Snape's word, then he is a fool and undeserving of his position in the wizarding world. I honestly don't see how Snape can be truly on Voldemort's side and Dumbledore come out of this looking anything other than a weak, emotional fool.

I don't believe Dumbledore is a fool. Of the two, I think Voldemort is *far* easier to fool than Dumbledore would ever be. If you've been evil and trustworthy before, it is *far* harder to get that trust back than it ever was to lose it in the first place.

As I mentioned in a previous post, why did Snape choose to disobey a direct order from Voldemort by fulfilling Draco's task one minute, and then choose to follow another one instructing him to leave Harry alone? Does Snape pick and choose which orders to follow?

I see what you're saying about Snape acting to preserve his own status, but at the same time, I put it to this imaginary jury (tongue.gif) that Snape did above and beyond what was necessary to keep him in Dumbledore's good books. He didn't have to stop Quirrel jinxing the broom. Harry could have fallen and it would have looked like an accident. Snape certainly had no personal motivation in saving him. So what other motivation could there be? Other than it was simply the right thing to do.
passerby
QUOTE
We are comparing guesses and interpretations of Snape's possible 'good' motiviations and actions against the fact of his confession of 'evil' intent and action.

As I tried to point out before, this "confession" was not the one he made to Voldemort. . .it was to dissipate the questions other death eaters had about him. . .it was "confessed" with a spin so that they would not have doubt in him (which would be a very useful thing to avoid as a spy.) We cannot assume that this conversation paints him as evil . . . because it also may just be an instance of Snape saving his hiney.

And, bajab, I think that trust have everything to do with this! laugh.gif I don't think we'd be having this debate if both sides didn't trust Snape implicitly. There's the crux.

QUOTE
Ah, but he does, when he says "Yes, the Dark Lord thought that I had left him forever, but he was wrong." He is stating - as fact - that he had returned to the Dark Lord.

Yes, I know he said that "he was wrong." (Which is not saying that "I am loyal and have total allegiance to the Dark Lord) But, again, look at his situation. He is not at a position, during the accusation, to say "Hey, you're right, Bella. I am working for Dumbledore. I have turned against Voldemort. So, you wanna AK me now or let Voldemort do it?" You see what I'm saying? This is a biased conversation in favor of Voldemort, but I think there are plenty of instances in the conversation that place doubt on Snape's allegiance to Voldemort, and we have to consider these subtle cues in the text.
bajab
Dumbledore himself admitted to making HUGE mistakes. The belief that Dumbledore cannot be fooled is not sustainable. He was fooled by Quirrell (Voldemort!), fake Moody, and Snape (and possibly even Lockhart, since if DD was that clever, he would never have allowed incompetant Lockhart near the students). Don't forget the Marauders becoming animagi under his nose without him noticing.

Far from been omnipotent, Dumbledore has again and again shown he is 'gullible'. As Snape put it - he has to believe the best of people, and the books have shown that he does.

QUOTE
...free reign within the Order based only on Snape's word...

This would appear to be a bit of an assumption. We do not know exactly how much access Snape had to the Order and it's intelligence. We can assume that because Dumbledore trusted him, he was given full access, but Dumbledore also trusted Hagrid - with his life (SS)- and we have seen no signs that Hagrid had 'free reign'.
(Was Hagrid even in the Order? - I can't recall reading that anywhere - Please someone with a better memory check and PM me)

QUOTE
...then he is a fool and undeserving of his position in the wizarding world.

Since they made Fudge Minister, and Lucious a governor of Hogwarts, this is a bit of overconfidence in the Wizarding world Powers-That-Be.
Time and time again we have been shown Wizards are not exactly the wisest of people. Dumbledore was a great man, and undoubtably deserved the respect and postion he held, but he was fooled by Snape almost exactly the same way he was fooled by Quirrell and fake Moody.


Snape's actions before GoF were consistent with his statements. He may have been a very nasty piece of work (his true nature showing true?), but he was also working to stop Quirrell from obtaining what he wanted, that is why he worked hard to protect Harry. Also, don't forget the whole "Snape owed James his life" thing - that could account for a lot of his seemingly 'extrodinary' actions.

QUOTE
..was to dissipate the questions other death eaters had about him..

Definately, but that does not mean it was not true. As Bellatrix pointed out, Snape was very slippery. He could easily have turned them aside without making the confession, but he chose to prove his true loyalties to them.

So, getting back to my point, we still do not have any words or actions from Snape that contradicts his statements to Bellatrix. His confession still stands, and it confirms his guilt.
passerby
QUOTE
admitted to making HUGE mistakes

I think his line was "As I get older, my mistakes get bigger." OotP)(I'll have to go check for the exact wording, but that's the basic wording.) Also, in GoF, Dumbledore is confronted with the accusations from Madam Maxine and Igor Karkaroff about having made a mistake, Dumbledore's reply is "It is possible." (To which Mcgonagall is indignant), implying that it isn't likely. So as far as HUGE mistakes go, I don't think Dumbledore makes that many . . . and just because he says "my mistakes get bigger" doesn't mean that they are so huge.
As far as him being duped by Quirrell-didn't he appoint Quirrel to the position before Quirrell met up with Voldemort and had him plastered on his head? I could be wrong here . . . I'll have to go check the text.
Lockhart?! Not capable of duping Dumbledore. I think he was appointed because he was the only one who would take the job.
Moody-yeah, I'll give you that, though I think Dumbledore suspected something being "not right" with Moody after Harry's pensieve moment. (Again, I'll have to check.)

As far as the marauder's becoming animagi-well, he did know about Sirius, didn't he? (Man, a lot of checking I need to do.) But, in regards to that-you'll never hear one of us on the defense team say that Dumbledore is omniscient. We realize that he doesn't have knowledge of everything that goes on at everytime regarding every one . . . therein lies his potential for making mistakes. I just think that, so far, we haven't seen any major flaws in Dumbledore's judgement in character. (I'm still including Snape in that one.)

Hagrid was sent to the Giants on the Orders orders, so he is a member of the Order. (Um, rechecking, yeah.)

QUOTE
Also, don't forget the whole "Snape owed James his life" thing - that could account for a lot of his seemingly 'extrodinary' actions.

I have argued this elsewhere, but I can argue it here as well. Snape did not feel indebted to James. Dumbledore implies that it might be the reason, but when you look at Snape's response to Harry when he is confronted about it-Snape fills him in on the rest of the story. Snape did not feel that owed a life-debt or anyother kind of debt to James or James' offspring.

QUOTE
but he chose to prove his true loyalties to them.

He chose to counter her accusations. . . It still seems that context is being ignored in regards to his "confession."

I'm with Louise, too, that I think Voldemort would be the more gullible one. He's so single minded in his quest for immortality and now his quest to destroy Harry-that he might be blinded and more easily swayed by someone. He was, after all, duped once before by the mysterious RAB. Because of Voldemort's strict you're-with-me-or-we'll-kill-you-policy, it wouldn't even occur to him that he would have a spy in his midst. Another reason why Snape's character is so brilliant. Dumbledore would have every reason not to trust Snape, but he does. I think that speaks more volumes than Snape being trusted by Voldemort under penalty of death.
bajab
Dumbledore did not believe Draco would succeed in getting Death Eaters into the School. He also did not tell Harry the whole story of his history. They are two mistakes he admitted, and Draco's one must be considered HUGE.

Even if Quirrell was appointed before Voldy 'got him', it makes no difference. Voldemort tricked Dumbledore completely for a whole year.

There is no proof Dumbledore suspected Moody of anything. He was completely fooled.

Dumbldore did not know about Sirius or James or Peter. From PoA Lupin:
“I sometimes felt guilty about betraying Dumbledore’s trust, of course…he had admitted me to Hogwarts when no other headmaster would have done so, and he had no idea I was breaking the rules he had set down for my own and others’ safety. He never knew I had led three fellow students into becoming Animagi illegally."
Once again, something major went under his radar.

Hagrid was asked to go to the Giants, but so was Maxine. Does that mean she was OotP too? Or does it just mean he was asked to do something for Dumbledore?

Dumbledore's judgment in character? He believed Sirius was guilty and was blinded to both Quirrell and fake Moody's real character, not to mention Tom Riddle. Riddle said (in Cos) that Dumbledore only started watching him closely AFTER Hagrid was expelled, which means he did not suspect Riddle, who was very prominent in the school, during or before the attacks - He was fooled by Voldemort. Then, ofcourse, there is the whole Fudge thing. Dumbledore judged Fudge's real character completely wrong and paid for his misjudgement severely. He once again chose to believe the 'best of people' and expected Fudge to do 'the right thing' after GoF.

So if you only counter to Snape's confession of guilt is to say it is at odds with Dumbledore's trust, then you are at a disadvantage because Dumbledore's trust has proven to be too easily given.

Snape did not have to counter Bellatrix's accusations, he could have 'blown her off' like he appears to have done before (going by her words). He chose instead to prove himself to them, and us.
passerby
Ah, bajab. . .I think we might be arguing some of these issues til we're blue in the face. cool.gif

As I've already mentioned, I do not believe, at all, that Dumbledore is all-knowing. . . He did, however, in SS/PS know that someone wanted that Stone. Sure, Quirrel was able to disguise himself and "dupe" Dumbledore as to the fact that he had Voldemort stuck on his head, but we aren't privvy to any information on Quirrell and his relationship with Dumbledore outside of PS/SS. (As we are with Snape)

With Moody-I'm still needing to check into this one, but I won't blatantly disagree with you there.

Yes, being overconfident that Death Eaters wouldn't get into Hogwarts was a mistake (never said he didn't make them), but Dumbledore has never said that Draco is a "good" kid; he's never defended his actions in the same way he defends Snape. He's never shown us that he's had a positive character judgement as far as Draco goes.

I think it's safe to say that if Hagrid went on orders from Dumbledore to counter the actions of Death Eaters, that he's working for the Order. (Everything I look up lists him as an active member.) I'm recalling somewhere in the book when he's talking about business for the Order, but I can't remember when and why. . .I'll look it up eventually. (Why are we talking about Hagrid? I can't remember.)

I'll concede to you the part on the marauder's. I was misrecalling something in PoA that made me think he knew Sirius was one. I withdraw that statement! biggrin.gif Of course Dumbledore wouldn't know how many people were unregistered animagi.

QUOTE
So if you only counter to Snape's confession of guilt is to say it is at odds with Dumbledore's trust

Sigh, this was not the point I was making for my counter at all. I was saying that Dumbledore's trust should count for something here . . .but I brought in Snape's "confession" to show point out the double-meaning many of his words can, and perhaps do, hold. I was looking at the context surrounding them in light of cues from the text. . .and well, nevermind. dry.gif

I do think that Dumbledore has never been wrong in his judgement of a character. Crouch jr. fooled him, but that wasn't a misjudgment of Moody's character-that was a mistake of not knowing his true identity. Crouch played Moody to a "t" and thus Dumbledore judged his character as Moody.

EDIT: Okay, here's the Hagrid bit.
QUOTE (JKR OotPp 689 )
"It's not the end o' the world, I'll be able ter help Dumbledore once I'm outta here, I can be useful ter the Order. . . "
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