Steve Hayward’s Wanton Lying — About The Actual “Felt Impact” Of A Firefighter’s Taxes (For Example). Sheesh.

Like Scott before him, Steve Hayward tonight uses deceptive charting to suggest that Elon Musk suffers more, from his tax bill, than does a firefighter or nurse.

Poppycock.

Once again — this is like shooting fish in a barrel.

Steve Hayward intentionally compares apples and… well, fish — in his complaints about taxes.

Steve claims that Mr. Biden is wrong to ask that billionaires pay a 25% annual INCOME tax rate.

He then goes on to cite Mr. Musk, as to capital gains rates — not income taxation rates — intentionally muddying the waters.

Musk himself then flat-out prevaricates — about how burdensome his taxes are.

The whole Musk/Johnson (faux outrage) argument centers around whether Mr. Musk feels more of a pinch, from paying about 40% in taxes, on his sales of stock option stock [pure found income, that] — or whether a teacher or firefighter paying about 13.5% of all the checks they take home… feels more pinched, by the 13.5% (average).

Note that for an average human, food, gas and housing will be over 60% of their annual cash spending. And so, nearly 14% taken from the remaining 40% leaves them only about 25% of what the stated annual salary was, for all other things — and nearly nothing to put away for retirement, after tuition for kids’ schools, etc. [That is… they’ve been diminished by a 75% tax rate, including their required spendings — just on essential goods, to stay alive.]

Meanwhile, Steve Hayward, Scott Johnson (and especially Elon Musk) never, ever have to think about how much eggs cost, for example — and they buy the best in housing, clothing and cars — not ever approaching a spend of 1% of their collected disposable income.

In sum, the tax of 14% on someone making about $60,000 a year — puts them in a much deeper hole than Mr. Musk, who started 2021 with a net worth of $374 BILLION. He can buy a few luxury goods (including rocket and solar companies — and a money losing social media behemoth, running it into the ground), and never even notice it, in his lifestyle.

So, Steve, Scott and Elon — sit down and shut up. [That is, Mr. Biden’s 3% figure is accurate — as to what even the most incompetent tax planning yields — as actual diminution of wealth from taxation, for the top one-one-hundredth of the nation, by net worth, and income.]

Pay a fairer share.

Out.

One Of Elon Musk’s SpaceX Rockets Just Exploded After Liftoff. Yikes.

Space is… hard.

And I do not fault Mr. Musk for the ambition. I do think he is doing most of it right.

But in getting to space — EVERYTHING must go perfectly.

Every time.

And the main good news is that no human lives were aboard that capsule.

But expect delays now — even in the Moon to Mars initiatives.

We cannot lose human lives due to “going too fast, and breaking things”.

Out.

Three of The Conservative Supremes Agree With The Liberals: A Man On Death Row In Texas Ought To See A DNA Test, For Possible Innocence…

Thankfully, there are still some rare moments of genuine agreement on the high court.

And this time, it comes in the form of a 6-3 majority that feels before Texas may put a man to death, it should allow him to test DNA from the crime scene that might implicate the decedent’s whyte boyfriend — a police officer who had recently discovered his whyte girlfriend was secretly dating the man who is Black, and thus killed her in a fit of violent racist rage, framing the man who is now on death row in Texas.

The barbarous Texas state courts said he didn’t make his request within two years. [He was in a Texas hell-hole of a prison for all of that time, with very limited access to lawyers of any kind, let alone competent genetics versed criminal defense lawyers.] So now he will get that chance. DNA from the scene will be tested. And if it excludes him, the courts ought to order the police officer to give over his DNA for testing. And maybe he should be on death row, next, in that same hell-hole. [In point of fact, the state may likely not even need it, as probably some of his blood relatives have registered with Ancestry or the like — and he may either be excluded or included based on that other DNA. At least enough to warrant a trial.]

Here’s the estimable SCOUTSBlog on it all, overnight:

…Reed was sentenced to death for the 1996 rape and murder of Stacey Stites. He has insisted that he was in a secret relationship with Stites and did not kill her. Instead, he suggested, Stites’ fiancé, a white police officer, had found out about her relationship with Reed, who is Black, and was actually responsible for her death.

Reed went to state court, seeking to have DNA testing conducted on several items found on or near Stites’ body and in the truck she often drove. When those efforts were unsuccessful, Reed then went to federal court in Texas, where he argued that the Texas law governing post-conviction DNA testing violates his right to due process by requiring him to comply with unconstitutional procedures before he can use the testing.

The U.S. Court of Appeals for the 5th Circuit ruled that Reed should have filed his lawsuit within two years of the trial court’s decision denying his request for DNA testing. On Wednesday, the court reversed that decision….

Now you know. I will tinker no more with the machinery of death.

नमस्ते

This Kennedy IS NO Democrat. He’s A Fake Item. Y A W N.

You may rest assured that he is a stalking horse, funded by conservative hard-right GOP-ers (like the Powerliners), to try to split the Democratic vote in 2024, in the same way Tangerine’s coming third party run will split the regular GOP vote.

It is all very… silly. This Faux “Kennedy” will pull less than 1% of the nationwide Democratic voters, with his anti-abortion / anti-vaccine lunacy.

In contrast, old Tangerine is likely to pull off about 30% of the committed GOP voters.

Hilarious.

See ya’, Scott — no chance. Democrats will still be running things — into 2028 minimum.

The “Two Mercks” Will Meet — To Pick A New Near(er) Term Pretrial Conference Date, By Agreement…

Just a bit of house-keeping / clean up, from that last note, in which I indicated I found German Merck’s counsel to be rather “cheeky” — or self important.

The able USDC Magistrate Judge agrees, at least in part. So the parties will meet and confer to jointly pick a near term pre-trial date:

…The Court has reviewed Mr. Bernstein’s April 12, 2023 letter request to adjourn the submission of the proposed Final Pretrial Order and the date of the Final Pretrial Conference. [D.E. 219] The Court also has reviewed Ms. Betz’s letter in response. [D.E. 220]

While the Court appreciates Plaintiff’s desire to advance this matter such as by moving the Final Pretrial Conference to June 1, 2023, this Court’s own scheduling of the many other matters before it precludes doing so.

However, the Court is reticent to functionally stay this case until October 16, 2023. The Court also emphasizes that it cannot predict whether the trial will occur in 2024 or 2025, as trial scheduling turns on myriad dynamic factors. The Court, rather than simply assigning new dates, first will afford counsel the opportunity to meet and confer to determine if they can agree on the dates.

Counsel will submit a joint status report by April 26, 2023.

So Ordered by Magistrate Judge Michael A. Hammer on 4/19/2023. (Hammer, Michael)….

Now you know — and that’s it for today’s Thursday trivia.

Except, of course, it seems the RHESSI craft did not strike any populated area last night. Whew. There were false reports that a fireball over the night sky in Kviv might have been RHESSI — it was not. That happened almost 15 hours too early. But it is safely gone, now. Out, grinning.

नमस्ते

Prelim. Injunction Hearing On TN’s Drag Law Tuesday 04.25.2023: Tennessee Deputy AG Mulroy Still Being Sued Personally.

Okay, the hearing is next Tuesday, on the scheduling for a preliminary injunction / TRO.

And the bar has dropped its complaint against various state officials, in their personal capacities, but not the state itself, not the DAG personally. Here’s that bit (mostly to streamline the arguments tomorrow — if DA Mulroy refuses to provide “clear assurances that [he] will not prosecute” Friends of George’s drag performers under this law — then Tennessee Attorney General Skrmetti is indeed without enforcement powers):

COMES NOW Plaintiff, Friends of George’s, Inc., (hereinafter “Plaintiff”), by and through its undersigned attorneys, and gives Notice of Voluntary Dismissal. Plaintiff filed suit in this matter on March 27, 2023. Defendants have not yet filed an Answer to Plaintiff’s Amended Complaint, nor have they filed a Motion for Summary Judgment.

Plaintiff now enters a voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(i) against Governor Bill Lee in his individual and official capacities, Attorney General Jonathan Skrmetti in his individual and official capacity, and District Attorney General Steven J. Mulroy in his official capacity only. Plaintiff does not voluntarily dismiss Steven J. Mulroy in his individual capacity….

Status Conference set for Tuesday, 4/25/2023 at 3:30 PM before Judge Thomas L. Parker.
The proceeding will be [held] via Microsoft Teams video conference. The Court will email the parties an invitation for the video conference prior to the proceeding.

Counsel should submit any exhibits to be offered to the Judge’s ECF mailbox prior to the proceeding.

The public may also access the video proceeding. If the public and/or media wish to attend in the video proceeding, please click on the following link to request access information: https://www.tnwd.uscourts.gov/videohearings The access information will be delivered via email to the email address from which the request originated.

Parties should consult the instructions for Joining a Meeting in Teams or Joining a Meeting Without a Teams Account.

Please email Sandra McClain at sandra_mcclain@tnwd.uscourts.gov for any questions….

Do stay tuned.

NASA’s Solar Craft RHESSI: Due To Burn In, Tonight…

After over a 21 year mission studying the Sun, from a low Earth orbit, RHESSI is end of mission.

The smallish craft weighs less than 700 pounds, and almost all of it will now burn up on re-entry, though small bits could reach the surface of the Earth.

It is expected to come in over water, so very little chance of any human contact, at all. Here’s the updated window:

…DoD has updated the targeted drop in time, here on Wednesday afternoon — with a little more clarity: reentry could occur about 9:40 p.m. ET this evening, plus or minus three hours, NASA said….

Now you know. Separately, NASA’s Mars copter has now completed 50 powered, flawless flights on Barsoom. Grin….

And. . . update — as of 04.20.2023 — we now know it burnt in, over the Sahara desert:

. . .The Department of Defense confirmed that the 660-pound spacecraft re-entered the atmosphere over the Sahara Desert region, at approximately 21.3 degrees north latitude and 26 degrees east longitude. NASA expected most of the spacecraft to burn up as it traveled through the atmosphere, but for some components to survive re-entry. . . .

Grin. . . .

नमस्ते

[U] Justice Alito Keeps The Texas / Matthew Kacsmaryk’s Abortion Pill Ruling “In Time-Out” Until Midnight Friday Night…

Updated 04.21.2023 @ 7 pm Eastern — the time out is now permanent until the Supremes rule on any future appeal out of the Fifth Circuit. End update.

The Justices continue to discuss next steps.

Will they simply strike Matthew Kacsmaryk’s crazy opinion, and/or the only slightly less cray-cray Fifth Circuit one… or wait (continue the stay for weeks or months) to hear more argument?

No sensible person is betting they will let the trial court opinion take effect. Here’s the latest:

…UPON FURTHER CONSIDERATION of the application of counsel for the applicants, the response, and the reply filed thereto,

IT IS ORDERED that the stay issued on April 14, 2023, is hereby extended until 11:59 p.m. (EDT) on Friday, April 21, 2023.

/s/ Samuel A. Alito, Jr.

Associate Justice of the Supreme

Court of the United States

Dated this 19th day of April 2023….

Now you know. Onward. [And you know the Powerline boys are out of stuff to write about, when they don’t comment on old whyte men killing kids on their porches, or on Faux News losing nearly a billion dollar settlement for LYING on air about the 2020 election, or even on this case… but instead decide to go nutty on CANADIAN public television and public radio… funding. WTF, Steve — what business of yours, is that?!]

नमस्ते

In Which… Hinderaker “Has A Sad On” — About One Reprobate He Was Instrumental In Creating.

Tonight, John again laments (and weakly so) that Tangerine cannot be trusted to behave like an actual human being, in any civilized society.

He’s more of a feral man-pig, as we all have known for going on three decades.

But only now, after John did level best (including cheating!) to get him elected in 2016, and then insulate him from all lawful processes of checks and balances for over five years, only now… does Hinderaker want him to exit quietly. Gracefully. [But seriously, John — name anything in his entire life Trump ever did… gracefully!?!] Nope.

I suppose this will be nearly my most-rollicking good-time joy: watching Trump destroy any- and every- thing John thinks of as “GOP-constructive” — if Trump is not at the center of it.

Most of all, tonight — that would be Ron DeSantis. And. I. Love. To. See. It!

The truth is, the lawyers and board of directors of Disney outplayed that stupid brown-shirted chump — at every turn. And Rick Scott before him. Disney still controls the outcome in Florida, and may ignore DeSantis’ impotent board of overseers any time it wishes.

DeSantis didn’t even bother to read the bond indenture Florida’s legislature (then desperate to have new development in Central Florida, and not let another billion dollar a year park land in California or the Carolinas) signed some 60 years ago — to create what became Reedy Creek.

It lets Disney force the immediate repayment of all bonds, if it is no longer calling the shots on the IDB, and that immediate repayment obligation belongs SOLELY to the State and municipal governments of… Florida. No one else.

So — in the end, Disney will do whatever it pleases. That much Tangerine is RIGHT about. DeSantis overplayed a hand he never held: he had a pair of fours. Disney has a full boat. Literally.

But I digress. Hinderaker’s time to rein Trump in… came and went in 2016.

Now he is only a Democratic controlled wrecking ball — of all things non-MAGA in the GOP.

Truly John — thanks for the weapon. We WILL use it.

And a Democratic candidate will win the White House in 2024, now.

Perfect — all your (and your numb-skull co-conspirators’) doing.

[U] Fox “News” Must Pay Nearly A Billion Dollars, For Knowingly Lying On Air…

Updated at 5 pm EDT Fox News will pay Dominion $787.5 million, for lies it knowingly told on air about the company, and the outcome of the 2020 election. Grinning ear to ear!

Dominion has been able to prove to the world that Tucker Carlson and the rest… are all inveterate liars. It takes a LOT to lose a libel suit in America, but old Rupert sure figured out how to. [On the morning after, Powerline gets around to admitting that lies designed to destroy the business of a company, on air repeatedly for months on end — with actual malice — do allow for presumed punitive damages. Thus nearly… a billion.]

This also means (shocking no one!) Trump and Rudy and Failson are… liars.

नमस्ते