In The Social Security v. DOGE Case (AFSCME v. SSA), Elon Is Getting Shellacked For Lies About “Fraud” That Doesn’t Seem To Exist.

We today open our coverage here, of the still-unfolding abuses by DOGE, at the US Social Security Administration — with a banger. With a hat tip to EmptyWheel’s fine reporting, we note that USDC Judge Ellen Hollander has repeatedly caught the DOGE boys in lies, or at least highly misleading statements in sworn declarations — about the nature and scope of their highly intrusive access, prior to clearance for security was complete.

Specifically, Marko Ezel (an avowed racist) may be working inside SSA right now (after being run out of other agency roles), and he may well be looking at various individual Americans’ highly private earnings histories — for no legitimate governmental purpose. Here’s the bit of the opinion — and the full 137 pages of it, out of Maryland,now:

…Ironically, the identity of these DOGE affiliates has been concealed because defendants are concerned that the disclosure of even their names would expose them to harassment and thus invade their privacy. The defense does not appear to share a privacy concern for the millions of Americans whose SSA records were made available to the DOGE affiliates, without their consent, and which contain sensitive, confidential, and personally identifiable information….

For example, the Court asked counsel for the government: “[W]hat was the mission and what was the need? What was the purpose in providing access to all of this information?” ECF 45 at 23. The Court again pressed about why the DOGE Team would “need” the scope of information at issue here. Id. at 24, 38. And, toward the end of the hearing, the Court once again gave the government the opportunity to explain the “need for all of those records.” Id. at 84.

Besides cursory, circular statements about members of the DOGE Team in need of all SSA data because of their work to identify fraudulent or improper payments, counsel provided no explanation as to why or how the particular records correlated to the performance of job duties. See, e.g., id. at 21–22 (“The goal is to review… the Social Security Administration’s records to see if there are improper or fraudulent payments. Naturally if one is looking for improper or fraudulent payments, one looks at the data to see if any such payments are made.”); id. at 23 (“[If] one is looking for fraudulent or improper payments that may or may not be going out by the Social Security Administration, one would need to look at the records, the beneficiary data, the payment data in order to do an assessment of that and to recommend potential changes.”); id. at 24 (“I can tell you that they are looking for instances of improper or fraudulent payments and that it is natural that one would look at the data in that system to see if they’ve been substantiated….”); id. at 39 (“These particular people are working at the agency in order to carry out the sort of broad policy prescription contained in the Executive Order. They are also looking at improper payments and potential waste or improper or fraudulent payments….”); id. at 85 (“[I]f you wanted to decide whether or not [a claim for benefits] was improper or not, you would need to look at the records to see if the payment was properly made or if it was fraudulent.”)….

The number of young, feckless and deplorable reprobates spread now by Musk across the federal machinery of governance is… jaw slacking — and should lead to an indictment for him, in any sane world — after the dust settles here.

[And… perhaps trivially (but I do feel a need for some normalcy… in this time of chaos), Mr. Obama and I are tied after the first night on the men’s brackets — women’s tip off in mere moments! Woot?] Onward.

नमस्ते

Kristi Noem Herself Admits That Mr. Khalil Ought To Be Brought Back To NJ, If The Law Is To Be Followed…

Do note that the pull-quote in blue appears in Homeland Security / ICE’s own papers filed tonight — the ones seeking to keep him in Jena, Louisiana.

It has long been the law that in these sorts of contested, non-judicial-arrest warrant based detentions, the government cannot play tricks to hide the detainee — and defeat challenges by alleging the challenging court has no jurisdiction. That was the central lesson of the Supremes’ holding in Padilla v. Rumsfeld. And Kristi Noem admits it. She just claims… “well, since he’s in Louisiana, let’s just make all the lawyers go there.”

She offers no compelling reason to hold him there — other than the obvious (but unstated) one: it makes the process… the penalty, by keeping him from attending the birth of his child — and secreting him away from his counsel.

…(“Our precedent likewise reflects an adherence to the general rule articulated in Endo, that the government’s post-filing transfer of a § 2241 petitioner out of the court’s territorial jurisdiction does not strip the court of jurisdiction over the petition.”).

Under those circumstances, the court where jurisdiction originally vested may retain the case. See Argueta Anariba, 14 F.4th at 446 (collecting cases)….

[She goes on to say, though: “It is true that at the time Khalil’s original petition was filed, it could have been properly filed in this district. But the SDNY court erred in treating that fact as dispositive….”]

These jamokes are all so… deadly tedious. Tedious. He will be ordered brought back up to New Jersey — Newark, specifically. Onward.

नमस्ते

Power Alley: Africa’s CDC Starts To Chart A New Way Forward, Assuming Tangerine 2.0 Will Be Of Zero Help…

Ever since 2001, African health advocacy groups have been pushing nations on that continent to allocate about 15 percent of the national spending budgets toward health care and prevention, under the so-called Abuja Declaration — but so far only two nations are on track to achieve the stated goal: Rwanda and Botswana. Backgrounder, here.

Self sufficiency would be wonderful — but feeding people generally comes ahead of vaccines, in Africa. So the goal remains a fair piece off, from here. And thus Tangerine’s senseless cuts… will likely endanger nations across the entire rest of the globe — due to increased risk of ever-more pandemic shocks.

In any event, here is the latest — from just a half-hour ago, at CIDRAP:

…In the DRC, health officials are experiencing a shortage of mpox vaccine amid high uptake. So far, more than 525,000 people have received at least one dose, with coverage in Kinshasa at 70% of the targeted population. He estimated that the region needs 6.4 million more vaccine doses over the next 6 months.

Elsewhere in Africa, Kaseya said Uganda continues to report a high proportion of deaths among its mpox cases, and cases are rising in Tanzania, one of the newly affected countries. So far, Tanzania has reported 55 suspected cases in 16 of its regions….

In many ways, this is the US playing Russian Roulette, with a revolver… but in this case, the revolver doesn’t have one bullet in the six chambers — five of the chambers hold live rounds. Damn.

And (trivially) as has been true for about three fourths of all the tournaments, over nearly 16 years now, Mr. Obama is out to a quick lead over me. He picked Creighton, where I had Louisville — he was right. But I may still catch him, on other upsets! Onward, ever… onward. Smile.

नमस्ते

[Updated, With A Comment By Rigby!] Paul’s Conclusion Is Correct — But His Analysis Is… Spineless, And Boot-Licking — In The Face Of Clear Lawlessness From Would-Be Autocrats.

UPDATED @ 3:00 PM EDT — Rigby writes as follows:

“…Paul doesn’t allow non-subscribers to comment on his blog, but I sent him a personal message about his post, since he seems so intent on “both-sidesing” the issue:

…Regarding your latest post, as you likely know, a solution to judge shopping was proposed by the U.S. Judicial Conference last year, which announced a new (non-binding) policy requiring any cases seeking to block state or federal policies in federal district courts to be assigned randomly from larger pools of judges. This modest reform effort drew howls of protest from Republican lawmakers and conservative judges, who vowed not to follow this guidance….

Given the recent rulings against Trump’s policies, I hope the irony isn’t lost on them.

But it probably is….”

[And… as ever (16 out of the last 20 times), Mr. Obama is ahead of me, already — he had Creighton; I had Louisville — in the first game at lunchtime today. He was right. Hah!] End, Updated Portion.

So, I need not belabor this, but to the extent that Stephen Miller suggests insurrection here, in response to court decisions he disagrees with — Mr. Mirengoff’s language should be more direct: people like Miller may well need to sit in jail for a few nights, for contempt of federal court orders — that is likely the only way to get through to morons like him, and Messrs. Ezell and Dill.

But Mirengoff’s ultimate conclusion is sound: soon enough, Tangerine will be out of office, and Democratic CoCs will bury all of this… lawfully.

In the mean time, MAGAts should listen to Paul, here:

…[Some, including many in Tangerine 2.0’s orbit take the view] the president, not the judiciary, should be the ultimate arbiter of what is lawful under the laws of the U.S. including the Constitution. It’s not a case to which I subscribe [Ed. Note: the plain English meaning of the US Constitution points to the OPPOSITE conclusion — the Judiciary decides what the law is or is not, once the CONGRESS passes it]. Nor is it the way the American experiment in a nation of laws, not men, has operated, with considerable success, for more than two centuries.

I see no reason to abandon our traditional approach to resolving challenges to presidential authority just because Trump wants to get things done in a hurry. Arguably, Trump’s hurry is an argument in favor of the traditional approach — an argument that should, perhaps, be especially appealing to conservatives….

I would add that the case for this being any form of judicial over-reach (as Hinderaker, Johnson, Musk, Miller and Cruz are claiming) has… vanished. Both Trump appointees and Obama ones (and Clinton and Reagan ones, too!) have declared what he is doing… completely unlawful. By a margin of about 66 to 3, now.

The ship rights itself — that is the metaphor the founders left for us. And it is happening — in a chaotic and messy way. But it is happening.

Onward.

Perhaps Hinderaker Should Sign Up For Those Remedial Harvard Math Classes, Himself.

Just a thought.

This, based on his inability / unwillingness to grapple with simple statistical facts (let alone algebraic deductions or calculus inspired inferences), in his last 25 years as a political pundit/blogging “careerist“.

Yeh — I bet they’d let you audit it (by Zoom, from your home in Minnesota), John. The Deans at Harvard would likely even waive your tuition, since it would be of a vast service to humanity — to blunt your lying about statistical matters (especially about racial matters, as at right — just one of hundreds of examples).

Cheers.

[U] March Madness! Condor v. Mr. Obama, 2025 Edition!

UPDATE: I will not grace this with a separate post. It is preposterous that the MSM is framing the Education “Black Magic Sharpie” scribble as though it means… anything. The Department may only be closed or replaced… by an Act of Congress. What Tangerine 2.0 writes with his crayons, all alone in his playroom… is without ANY force or effect. Just keep reminding all your friends (and enemies) of this FACT. End, update.

Whew. Okay. . . Here is the whole she-bang — and only where our picks diverge, I then mark my calls, in green.

All blue calls are also mine, unless a green name appears above one.

So — we are fairly close — but I picked a few more upsets this year; we both think Duke wins it all.

Onward — but this year you may play against him, directly at Obama.org — just enter your name, email addy and your bracket, and become part of the mailing list / work on the Center in Chicago’s South Shore. Smile. See at right; click to enlarge.

And I have been running behind all morning with a pro bono immigration project, so I just now got the women’s version picked and uploaded (I promise I’ve not looked in on ANY games!). You may follow along with that one, here.

Onward!

नमस्ते

Question: Who Is Tim Dill? And Why Is He Being Insouciant — About Federal Court Orders?

These people are as incompetent, as they are preposterously feckless.

The answer the Tangeriners gave USDC Judge Alsup (after being scolded, now twice) is not very meaningful at all — and it offers only heat — not light.

Here is the latest BS from some guy named Timothy Dill, at DoD as a Tangerine 2.0 appointee.

All Mr. Dill says is that it will take a while to re-issue badges and re-enroll DoD people in benefit plans. He was asked how many are on Admin. Leave. That is a question he absolutely does NOT answer. [He claims to hold a law license, but… well, I am underwhelmed.]

He gives NO INFORMATION about how many employees are so affected. It would appear that he didn’t even bother to ask, despite a clear order to do so. Damn. Stay tuned for tonight’s flaming, out of San Francisco’s federal district courthouse.

What a putz (and no, I don’t care that he used to work for Ted Cruz).

A Pill That Shows Promise In Curing Ebola In A Primate Model Emerges…

This is very encouraging news. Pills would be far cheaper to make, and more importantly, keep stable in high temperature African environments — much less “special handling” than existing monoclonal antibodies.

And so, the latest is here:

…Monkeys infected with the deadly Ebola virus have been successfully cured by a 10-day regimen of pills, leading scientists to hope the treatment could be adapted for use in humans. The drug, obeldesivir, offers a substantial advantage over the two other FDA-approved treatments for Ebola as they have to be delivered via an IV drip, whereas pills are much more convenient to store and administer….

The drug is similar to remdesivir, an antiviral that’s used against a range of infections including COVID-19. It works by inhibiting the function of important viral enzymes called polymerases, blocking virus replication….

Onward. We just need USAID to be freed up to provide the funding for it — for the world. Yikes.

नमस्ते

Mr. Khalil Will Be In Newark / NJ… Pretty Shortly. ICE/DHS/Kristi Noem Cannot Lawfully Secret/”Hide” Detainees.

Mr. Kahlil’s habeas petition will now be heard, without delay — in Newark, New Jersey. We will keep you apprised; trust that.

Again, Tangerine 2.0’s over-reach is put down. Kristi Noem clearly knew better — but licked Trump’s boots, anyway.

It is now highly likely that DHS/ICE will be immediately ordered to return him to New Jersey — to be able to confer with his lawyers during the litigation. And he is likely to be free, very soon. Here is USDC Judge Furman’s decision, and a bit:

…At the heart of this case is the important question of whether and under what circumstances the Government may rescind a person’s lawful permanent resident status and remove him from the United States. It is raised by way of a petition for the writ of habeas corpus, pursuant to 28 U.S.C. § 2241, that was filed on behalf of Mahmoud Khalil, a graduate student at Columbia University. On March 8, 2025, immigration authorities arrested and detained Khalil, a green card holder and the husband of a United States citizen, based on a determination by the Secretary of State of the United States that his “presence or activities in the United States… would have potentially serious adverse foreign policy consequences for the United States.” 8 U.S.C. § 1227(a)(4)(C)(i). In his Petition, Khalil alleges that the Secretary of State made this determination to “retaliate against and punish” him for his “participation in protests” on and around Columbia’s campus “concerning Israel’s military campaign in Gaza….”

[T]he Court agrees… with Khalil that it should be transferred to the District of New Jersey, not dismissed or transferred to the Western District of Louisiana. These conclusions flow from the undisputed fact that, at 4:40 a.m. on March 9, 2025, when Khalil’s lawyer filed the Petition on his behalf, he was detained in New Jersey. A straightforward application of the district-of-confinement and immediate-custodian rules therefore dictates that Khalil’s Petition should have been filed in the United States District Court for the District of New Jersey, not in this Court. Khalil makes various arguments in an effort to avoid that conclusion, most notably seizing on a concurring opinion in Padilla, in which Justice Anthony M. Kennedy, joined by Justice Sandra Day O’Connor, observed that he “would acknowledge an exception” to the district-of-confinement and immediate-custodian rules “if there is an indication that the Government’s purpose in removing a prisoner were to make it difficult for his lawyer to know where the habeas petition should be filed, or where the Government was not forthcoming with respect to the identity of the custodian and the place of detention….”

And so, over to… Newark — from Foley Square. Onward — resolutely.

नमस्ते

Mirengoff Is Right: Trump Is Killing His Own Brand. He Will Fail At 2026 Midterms. We Will “Rope-A-Dope” Him (In The Courts).

Tangerine 2.0’s policies (particularly on the economy — eggs are $12 a dozen!) are killing all his idiotic campaign claims — and so too his coattails/popularity.

So much so that in 2026 we will take back the House and Senate; Paul is right:

…What must the Democrats do to win going forward? James Carville’s answer is, nothing. Just sit back, play rope-a-dope, and watch Trump become less and less popular….

If the economy tanks, Trump will become very unpopular and the Dems will come back strong. On the other hand, if the pain associated with Trump’s policies is short-lived, Republicans will flourish — if not in 2026 then in 2028….

We are pretty sure even Hinderaker now realizes that selling control of 1600 Penn to Musk was a colossal mistake. These billionaires cannot be populists. And that’s what they ran on.

D.O.A.

Out.