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At the top of his show tonight, Stephen Colbert introduced the Late Show band, announced guest Jennifer Garner and then asked the audience, “You know who is not one of my guests tonight?”

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The CBS host the answered his own question.

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“That’s Texas state representative James Talarico. He was supposed to be here, but we were told in no uncertain terms by our network's lawyers, who called us directly, that we could not have him on the broadcast.

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“Then, I was told, in some uncertain terms, that not only could I not have him on, I could not mention me not having him on. And because my network clearly does not want us to talk about this…Let's talk about this.”

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