Author: condor

Maybe John Should ACTUALLY GO READ The Posse Comitatus Act… Just A Thought.

~ condor ~ Leave a comment

Y A W N.

Tonight, Hinderaker — perfectly wrong on the law — chooses to talk about Tangerine 2.0’s “right” to roll the federales into Chicago.

He published his execrable drivel an hour or two after a federal judge ruled on the merits that Trump’s stunt in LA (rolling the National Guard) violated the express and clear provisions of the Act.

But John (idiotically) says Trump could roll Marines into Chicago… though (John sniffs) he “might” lose in the courts.

Might?!

Willful violations of these particularly clear statutes are… felony crimes, son.

Trump could well be charged with felonies for trying a stunt he now knows is plainly a violation of Chicagoans’ rights.

And every Chicagoan encumbered by his lawlessness and abuse of process (in a class action) may sue for damages (erh, BTW that’s about three million people, John). See, Bivens.

All of it is just Hinderaker trying NOT to talk about the four significant losses Trump has suffered recently [though by far the one that hurts Trump’s agenda the most is the tariffs being invalidated].

And. I. Love. It. All.

Thanks Johnnie boy!

Out.

And FTC Commissioner Rebecca Slaughter Gets Her Post Back — Unlawfully Fired By The Manchurian Cantaloupe.

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Of course, Trump will appeal to the Supremes now.

But as the opinion and the below indicate — the Supremes have spoken, this year in very similar cases. Humphrey’s Executor is still good law. Tangerine 2.0 will lose at the Supremes. Here’s the latest:

…President Trump fired Federal Trade Commissioner Rebecca Slaughter without cause. The district court ordered her reinstatement. The government now seeks a stay of that decision pending appeal. That motion must be denied. The government has no likelihood of success on appeal given controlling and directly on point Supreme Court precedent.

Specifically, ninety years ago, a unanimous Supreme Court upheld the constitutionality of the Federal Trade Commission Act’s for-cause removal protection for Federal Trade Commissioners. See Humphrey’s Executor v. United States, 295 U.S. 602 (1935). Over the ensuing decades — and fully informed of the substantial executive power exercised by the Commission — the Supreme Court has repeatedly and expressly left Humphrey’s Executor in place, and so precluded Presidents from removing Commissioners at will. Then just four months ago, the Supreme Court stated that adherence to extant precedent like Humphrey’s Executor controls in resolving stay motions.

To grant a stay would be to defy the Supreme Court’s decisions that bind our judgments. That we will not do….

Trump is likely to rage (impotently) tonight, into the void of his ‘Truth’ platform. Hilarious.

नमस्ते

UPDATED: Case Reassigned To USDC Judge Kelly (In DC) — And Dates For Briefing Modified Slightly, To Get To An Injunction Hearing By September 10 At 2 PM Eastern…

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The preliminary injunction motion will now be on file by noon Eastern — tomorrow. That’s… speedy!

And while he was appointed by, and confirmed under a Trumpian Senate vote in September of 2017 — he’s ruled against Trump more than once in DC. Most notably, he ruled that the Proud Boys would have to stand trial for their role in J6. [Four of the five were convicted — but one was released, because the jury deadlocked on his charges.]

In sum, he’s a no-nonsense jurist with Duke and Georgetown degrees. He clerked for the very capable USDC Judge Buckwalter [a Bush 41 appointee] in Pennsylvania — many decades ago.

So here’s the partially accelerated, and one day partially delayed NEW schedule for the Guatemalan kids’ class action/injunction:

…Plaintiffs shall file their motion for preliminary injunction by noon on September 3, 2025;

Defendants shall file their opposition by noon on September 6, 2025;

Plaintiffs shall file their reply by September 8, 2025; and the parties shall appear for a preliminary-injunction hearing at 2:00 p.m. on September 10, 2025, in Courtroom 11.

Signed by Judge Timothy J. Kelly on 9/2/2025….

Now you know. Onward, resolutely.

नमस्ते

Trump’s Rolling Marines & National Guard Into LA: Ruled Wildly Unlawful! Told Ya’!

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Here is the 52 page banger!

Read the room, Manchurian Catalope!

Yup — this is the first final, on the merits decision finding that he violated the law. Of course it is up on appeal in the Ninth Circuit on various procedural (earlier) rulings — but this is the way it’s going to end:

…Congress spoke clearly in 1878 when it passed the Posse Comitatus Act, prohibiting the use of the U.S. military to execute domestic law. Nearly 140 years later, Defendants-President Trump, Secretary of Defense Hegseth, and the Department of Defense deployed the National Guard and Marines to Los Angeles, ostensibly to quell a rebellion and ensure that federal immigration law was enforced. There were indeed protests in Los Angeles, and some individuals engaged in violence. Yet there was no rebellion, nor was civilian law enforcement unable to respond to the protests and enforce the law.

Nevertheless, at Defendants’ orders and contrary to Congress’s explicit instruction federal troops executed the laws. The evidence at trial established that Defendants systematically used armed soldiers (whose identity was often obscured by protective armor) and military vehicles to set up protective perimeters and traffic blockades, engage in crowd control, and otherwise demonstrate a military presence in and around Los Angeles. In short, Defendants violated the Posse Comitatus Act….

Now you know. Truly a gang of crooks — that cannot shoot straight. Out.

नमस्ते

[U: Case Reassigned — New Dates.] In The Guatemalan Minors’ Putative Class Action (To Avoid Being Dumped On Foreign Soil, Alone), DC Schedule Has Been Set: It Is On A Very Tight Time Deadline — As Lives Are At Stake.

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It took us a minute to get caught up, but here is the original federal class action complaint (as filed in DC) against Kristi Noem — related to the at least ten young people who were born in Guatemala, but live here in the US, now.

As we’ve said, they have a plethora of due process rights — which the Noemites and Miller-goons were hell-bent on violating, as they kidnapped them, and were going to dump them in a land they really don’t know — at all. And so it is, that the very capable USDC Judge Sooknanan in DC has set a very tight timetable for briefing, here:

…MINUTE ORDER: The Parties are ORDERED to comply with the following briefing schedule. The [Noemite] Defendants will file their Opposition to the [6] Motion to Certify Class by September 5, 2025.

The Plaintiffs will file their Reply by September 8, 2025.

Signed by Judge Sparkle L. Sooknanan on 9/2/2025….

As you will read in the complaint — in recognition their unique vulnerability, Congress has created a special statutory scheme to ensure that unaccompanied minors receive enhanced protection and care whenever the government seeks to remove them from the United States. Any summary removal plainly violates this statutory scheme. Under US law, an unaccompanied minor is defined as a child who “(A) has no lawful immigration status in the United States; (B) has not attained 18 years of age; and (C) with respect to whom — (i) there is no parent or legal guardian in the United States; or (ii) no parent or legal guardian in the United States is available to provide care and physical custody.” 6 USC § 279(g)(2). Once a child is designated as an unaccompanied minor, numerous legal protections guarantee that they are not removed without due process and are able to pursue forms of relief from deportation for which they may be eligible.

Now you know. What an evil — and thankfully, largely incompetent group of goons these folks are. Onward.

नमस्ते

While We Were Away, The Able USDC Judge Sabraw Reiterated His Order That ICE/DHS/BOP Must Produce The List Of ~8,000 Names By Sept. 29…

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As we mentioned, numerous public media video reports show ICE/DHS agents scanning bar codes, on wrist-bands these putative asylees are required to wear, while being detained by the federal government in pens at or near the Southern Border.

So it is facially preposterous for the agents to say the list of some 8,000 names (and associated ID details) must be prepared by hand, with quill pens, on ancient parchment. Damn. And as we said he might, the able USDC judge is having none of this foot-dragging nonsense — from the Noemites:

…[T]he alleged burden on Defendants would not outweigh the need to produce the information to Plaintiffs’ counsel. As parties to the Settlement Agreement, Defendants have an equal responsibility to ensure that Class Members receive the relief to which they are entitled, and to ensure that Class Members and QAFMs are neither wrongfully detained nor removed. It behooves Defendants, as well as Plaintiffs, to have this information at the ready so that other Class Members and QAFMs are not reseparated from their families.

For all of these reasons, Defendants’ motion for reconsideration is denied. Defendants shall produce to Plaintiffs’ counsel the information set out above on or before September 29, 2025. Pending production of this information, the Court continues its stay on removal of Class Members or QAFMs defined in the Settlement Agreement.

IT IS SO ORDERED.

Dated: August 26, 2025….

So… the Manchurian Cantaloupe’s impotent stalling tactics… fail, yet again.

नमस्ते

The Manchurian Cantaloupe Just “Lost It” On Covid Vaccine Makers. Ugh.

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No, the CDC is not “being ripped apart” — by a wholly internal, organic struggle.

What actually happened was this demented Tangerine 2.0 fired the real scientist who’d been the head of the CDC (while we were off the grid). And another real scientist, who’d been the head of the vaccine effort realized that his best option was to quit entirely. That is what happened Mr. Trump. Still — here are some of Cheetolini’s ravings on his social media site — as of Monday night:

…”With CDC being ripped apart over this question, I want the answer, and I want it NOW.” They show me GREAT numbers and results, but they don’t seem to be showing them to many others. I want them to show them NOW, to the CDC and the public, and clear up this MESS, one way or the other!!!”

Trump’s remarks are likely to further cloud the prospects of COVID vaccine makers, which have come under pressure since his reelection last November amid his pledges to revise the U.S. immunization policy for COVID vaccines….

Indeed this is a fraught moment — for those of us who believe science (rather than politics) — should decide US public health policy. Onward, just the same.

नमस्ते

Seems Trumpians / Noemites Think That Governments “Own” Children. Wrong. Once In The USA, They Too Have Due Process Rights: LGML v. Noem, Et Al.

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Trump seems to think that parents own teenage children. They do not. And certainly, governments… do not.

Just as in a divorce /custody hearing, their interests must be considered. So the ruling is plainly correct: once on US soil, they too have due process rights. If either the parents or the government presents a danger to the children, they are naturals for asylum purposes. So here it is:

…[Tangerine 2.0 / Noem] hereby provides notice that that final minor alien of the four mentioned in the fourth status report was returned to ORR custody at approximately 1:30am EDT [off of the DC tarmac]. The other alien mentioned in the fourth status report was also placed in ORR custody today.

Defendants are not aware of any other putative class members that have not been returned to ORR custody.

Respectfully submitted this September 1, 2025….

[Earlier] MINUTE ORDER: The Court ordered the Plaintiffs to file a status report by August 31, 2025, at 6:30 PM. They have not done so. The Court ORDERS the Plaintiffs to show cause why a status report was not filed by that deadline. The Plaintiffs remain under their obligation to file a status report addressing their understanding of whether the putative class members have been deplaned and returned to ORR….

PRIOR MINUTE ORDER: The Court has reviewed the Plaintiffs’ Complaint and Motion for Temporary Restraining Order. Given the exigent circumstances, it has determined that an immediate Order is warranted to maintain the status quo until a hearing can be set.

As the Plaintiffs have satisfied the four factors governing the issuance of preliminary relief, the Court accordingly ORDERS that:

1) The Plaintiffs’ [2] Motion for TRO is GRANTED;

2) The Defendants shall not remove any of the individual Plaintiffs from the United States for 14 days absent further Order of the Court; and

3) The parties shall appear for a hearing on August 31, 2025, at 3:00 p.m. in Courtroom 14 before Judge Sparkle L. Sooknanan.

A zoom link will follow….

[Original Order:] The Court ORDERS that the Defendants cease any ongoing efforts to transfer, repatriate, remove, or otherwise facilitate the transport of any Plaintiff or member of the putative class from the United States. The putative class includes all Guatemalan unaccompanied minors in Department of Health and Human Services Office of Refugee Resettlement custody as of 1:02 AM on August 31, 2025, the time of the filing of the Complaint, who are not subject to an executable final order of removal.

“[B]ecause courts may issue temporary relief to a putative class, [the Court] need not decide whether a class should be certified as to the detainees’ [] claims in order to temporarily enjoin the Government from removing putative class members.” A. A. R. P. v. Trump, 145 S. Ct. 1364, 1369 (2025) (citing 2 W. Rubenstein, Newberg & Rubenstein on Class Actions § 4:30 (6th ed. 2022 and Supp. 2024)). Signed by Judge Sparkle L. Sooknanan on 8/31/2025, 12:37 PM….

Now you know. Onward, resolutely.

नमस्ते

While I Was Off Grid — Overall, Mpox Cases Declined — But Ghana Endures An Alarming Spike In Clade 1b Cases…

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I have quite a few narratives to catch up on here — and this one is among the most pressing: with Tangerine having taken USAID off the map, and cutting contributions to international humanitarian aid more broadly… what would have been short lived outbreaks have become… long-term public health crises, at least in nations with very limited resources.

And so, while Clade 1b (the more lethal strain) cases overall are now declining globally. . . Ghana is suffering mightily:

…Ghana has seen an “exponential” increase in mpox cases over the past week, while there have been smaller increases in the Democratic Republic of the Congo (DRC), Guinea, Burundi, and Kenya, according to the Africa Centres for Disease Control and Prevention (Africa CDC).

Ghana now has 313 confirmed cases, an 87% increase over the previous week when it had 167 cases, said Professor Yap Boum, the institution’s deputy lead on mpox at a media briefing on Thursday. Ghana and Guinea have both applied for vaccines to Africa CDC….

Now you know… boarding, for the Chi this evening. Grin.

नमस्ते

Power Alley: Zydus Posts Good But Not Great Data, In Primary Biliary Cholangitis Space (Other On-Market Competitors Include Gilead and Intercerpt)…

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Each of the three other on market competitors have posted more impressive response data [but one of them now comes with an FDA mandated boxed warning].

Still, Zydus will enter a market that is not yet even remotely saturated. There are approximately 7.6 million to 13 million sufferers world-wide — with an incidence rate of about 18 cases per 100,000 population… dotting the globe. So we shall as ever see how it progresses, when Zydus meets with FDA after New Years. Here’s the latest, from Fierce reporting:

…Zydus Therapeutics has racked up a phase 2b/3 win in primary biliary cholangitis (PBC), clearing the path to a filing to establish the company as a challenger to Gilead Sciences, Intercept Pharmaceuticals and Ipsen.

The phase 3 part of the trial randomized 149 people to receive the PPAR agonist saroglitazar or placebo. After 52 weeks of daily oral dosing, 48.5% of patients on the Zydus drug met the biochemical response, achieving the primary endpoint of the trial. Zydus plans to discuss the data with the FDA with hopes of filing for approval in the first quarter of 2026….

Now you know — and I’m blogging from a coffee corner, at the tiny Burlington, Vermont airfield — heading back to the city of big shoulders this noon-time. [Always sad to leave the lake house, but] the steel and glass canyons call — if for nothing else, to catch up on Abrego, and the Guatemalan teenagers’ plights in the tiny hands of Tangerine 2.0.

Onward.

नमस्ते