Read This — For A Grin! USDC Judge Alsup Dresses Tangeriners Down On A Sat. Night!

More when I’m off the mountain, but here in the sunshine — and sparkling snows — I had to grin.

Here in a flawlessly terse five pager, the request to “stay” the paychecks… is denied.

…This order pauses to address defendants’ attempts to frustrate fact-finding. The defense submitted a single declaration, from defendant Charles Ezell, in opposition to plaintiffs’ motion for a TRO. The undersigned ordered defendant Ezell to appear for cross examination at the subsequent evidentiary hearing, or, alternatively, to submit to a deposition at his convenience. Plaintiffs were likewise ordered to make their declarants available for
examination. Defendants chose to withdraw the Ezell declaration to avoid submitting its declarant to examination, in violation of this Court’s order. Defense counsel “understood coming out of the TRO hearing” that the undersigned “wanted to know what was actually communicated” during several phone calls between OPM and the relief defendant agencies (Dkt. No. 120). The purported reason to withdraw was that Ezell was not present at those calls, so his testimony “would have scant evidentiary value” anyway (Dkt. No. 75 at 12).

The undersigned did not impose sanctions at the time, as it appeared defendants had
righted a wrong they would not repeat.
It was a surprise, then, that defendants submitted the declaration of Noah Peters, a “senior advisor” at OPM (Dkt. No. 77). Defense counsel represented to the Court that Peters participated in the calls at issue, but Peters declined to swear to it (ibid.). Indeed, Peters did not claim personal knowledge as to anything in his declaration. Persuaded by defense counsel’s argument, the undersigned afforded the Peters Declaration scant evidentiary value.

Defendants refused to make any further effort to get at the truth, arguing that the only way forward was to wait on them to produce their administrative record, and “for gaps in that record to be litigated, to be supplemented by oral testimony, if necessary” (Dkt. No. 120 at 22).
Defendants otherwise complained that the rapid pace of litigation prohibited the production of anything more than the Ezell declaration (Dkt. No. 120 at 20-21).

It is again surprising, then, that defendants managed (in the span of a single day) to muster a half-dozen declarations from relief defendants. None of these declarations, or the facts therein, were made available to the Court during its consideration of the TRO or PI now in place. This is a last-ditch attempt to relitigate those orders on a new, untested record….

Excellent — and Erin go brah!

नमस्ते

Pi Day 2025. Enjoy Some Math Puzzlers, Involving The Fine “Vitamin P” [Mine Will Be Cherry, Thanks]!

Okay, whilst I’m off grid — see if you can work out these Pi-related math problems from NASA / JPL, of a few years back. [To be fair, I also posted them three years ago; and a few days after I did, I posted the answer sheet. But don’t cheat here, friends. No using the search box!]

More substantively, and in a bit of an algebraic but political digression, too — we agree with Josh Marshall — who writes that Chuck Schumer is right to allow the Continuing Resolution to pass — and to help it do so. The reasoning here is that — as Tangerine 2.0 has repeatedly shown, he’s thinking of using a shutdown to reopen only the parts of the government he favors. That is, most succinctly, he would lay off all the government lawyers as non-essential and then the courts would have to wait for new counsel to be appointed to answer for the 88 or so suits that have him pinned.

Moreover, he could furlough all court security staff — making it unsafe for federal judges to take their seats on the bench.

So, I agree — do not give him that option. If Trump decides to engineer a shutdown (as Musk wants) let him do it without Democratic aid.

Off, now — to catch a plane to the high Rockies… be excellent to one another! [And we will post again, late on St. Padraich’s.]

नमस्ते

The Amended “Great Writ” Filing Is In, In Foley Square — For The Immediate Release Of A Green Card Grad Student At Columbia U… It Is Solid!

As promised, here is the amended now public version — calling Tangerine 2.0 and Kristi Noem out — for demonizing, and then abducting (to rural Louisiana, from NYC!) a green card holder with whom they disagree — on his protected views — on Gaza and the Israelis. Those views — without a doubt — are core First Amendment matters — ones for which the government may not punish him, absent a showing that he took concrete, substantial steps to create imminent lawlessness, and violent bodily harm to the public at large. Thus far there has been no such evidence. None.

Let’s put this all on front street — and let the world see it. This Tangerine response is overwrought, Unconstitutional and… perhaps most of all… is a very UN-American response, to a disagreement about politics entirely on foreign soil (on the other side of the world, from Trump’s claim that he only cares about America). Here are the muscular 33 pages, as amended now with the aid of rudimentary discovery from Noem’s DHS — and ICE’s Joyce:

…This case concerns the government’s targeted, retaliatory detention and attempted removal of a student protester because of his constitutionally protected speech. Petitioner Mahmoud Khalil is Palestinian, a lawful permanent resident of the United States, and a recent graduate student at Columbia University. Over the last year and a half, Mr. Khalil has been a mediator, an active participant in, and at times the public face of, student protests on Columbia’s campus related to Israel’s military campaign in Gaza.

The Trump administration has made no secret of its opposition to those protests and has repeatedly threatened to weaponize immigration law to punish noncitizens who have participated in them….

Neither Secretary Rubio nor any other government official has alleged that Mr. Khalil has committed any crime or, indeed, broken any law whatsoever…. After repeatedly transferring him across jurisdictions, the government ultimately detained Mr. Khalil in Louisiana, a thousand miles from his attorneys and his wife, who is a U.S. citizen and due to give birth next month….

[T]he government’s subsequent actions, including its ongoing detention of Mr. Khalil in rural Louisiana, isolating him from his wife, community, and legal team, are plainly intended as retaliation and punishment for Mr. Khalil’s protected speech and intended to silence, or at the very least restrict and chill, his speech now and in the future, all in violation of the First Amendment. Indeed, contemporaneous and subsequent statements by administration officials expressly characterize the invocation of this rarely used provision as punishment for Mr. Khalil’s lawful and protected speech. The Rubio Determination and Mr. Khalil’s unjustified detention also violate his due process rights….

[As they cuffed him, the agents were asked if they had a warrant, and they said] they had one on the phone and that they would show it to [the green card holder]. However, the agents never showed him any warrant [they also left no ID with his wife — and gave what turned out to be a false address for his detention]….

This is simply… Un-American. Deeply. And Truly. To give the readers a sense of how little the ICE and DHS agents left, by way of useful information as they abducted this man, compare what the first version of the complaint, and the present one look like — by specific marks redline. This is a very fine habeas petition now. Excellent — by the NY ACLU.

Trump needs to pay the price for it — as do Rubio and Noem. Out. We may be quiet now until Monday night, late. Until then… “watch the skies.”

नमस्ते

Trivia: “What Goes Around… Really Goes… Around.” Hayward Now Out — At Powerline.

During COVID, it seemed Hayward pushed Mirengoff off the island of misfit toys, for offending him — with a discordant opinion about Tangerine 1.0.

Now more than three years later… Hayward is… leaving.

Hinderaker said that they’d add a new writer, to share the load.

Will it be… their old college chum, Paul Mirengoff?

Is this likely? I think so. Because Johnson, Hinderaker and Mirengoff have all known each other since the Vietnam protests of 1969 at Dartmouth.

Hayward was an addition in the new millennium, only.

Yes — the world is large — but it is round. And karma always seems to find its way back around.

Out — ski break.

[U: Hearing Tomorrow @ 3 PM.] Plaintiffs In Maryland Seek Emergency Conference With USDC Judge Abelson, Given Widespread Reports Of Tangerine 2.0 Appointees Telling Staff To Ignore Federal Court Orders (TROs). Wow.

Updated @ 8 pm EDT — USDC Judge Abelson entered this full text only order:

“…PAPERLESS ORDER: The Court will hold a telephonic status conference tomorrow, March 14, 2025 at 3:00 pm related to Plaintiffs’ Emergency Motion for Status Conference Regarding Preliminary Injunction, ECF No. 68. The Court will send counsel an email with call-in details. A public access line will be made available on the court’s public calendar.

Signed by Judge Adam B. Abelson on 3/13/2025….”

End, update.

This is. . . indeed, very serious, and was just docketed in Baltimore’s federal trial courts before Judge Abelson this afternoon.

Tangerine appointees are pressing staffers to ignore federal court orders, and thwart the preliminary injunction the capable USDC Judge Abelson in Baltimore has entered — and even recently clarified, on the record. Shades of then GOP Gov. Geo. Wallace — at the doors of the University of Alabama, anyone? Yep.

This is not going to end well for those ordering the obstruction, here. That’s a one year felony — for each violation, under 18 USC § 1509. The Tangerine 2.0 officials have apparently acknowleged openly that they understand the order — and just do not intend to honor it.

Stay tuned, even as I am out of pocket all weekend on this one:

…[R]eports [and affidavits state] that, since the clarification order on March 10, “the administration hasn’t bothered to inform various nonprofits and grant recipients they do not currently have to comply with the president’s orders.” Id. at 2. Recipients believe that officials in the US Government “are just pretending it didn’t happen.” Id. One source told Rolling Stone that a U.S. official stated “that they knew about the court injunction and what it meant, but that the senior ranks of the Trump administration had explicitly instructed staff to enforce Trump’s executive orders, to ignore the court’s injunction, and to pressure partner organizations if need be.” Id. at 4.

Notably, the Government has seemingly not disagreed with the facts in this reporting. A White House spokesperson’s response to Rolling Stone appears to have been: “A radical district court judge is acting beyond his authority and against Supreme Court precedent to undo the results of the election from the bench.” Ex. A, at 3….

[Trumpian aligned] Defendants’ counsel continue to refuse to share any information about the form of notice they provided agencies and continue to ignore the instances of violations Plaintiffs brought to their attention in February and earlier this week. Indeed, Defendants’ counsel continue to not even acknowledge such notice. For the foregoing reasons, Plaintiffs respectfully request that this Court schedule an emergency status conference to evaluate DOJ’s efforts to ensure compliance with the Preliminary Injunction Order….

I likely won’t mention this again until Monday night, when flying back out of the high mountains. You’ll need to check with the federal employees’ and teachers’ unions to stay up to date on it — as it isn’t being covered much by the MSM. Onward.

नमस्ते

Hinderaker — Even Quoting Rasmussen, Trump Has Serious Net Negative Approval Levels… Sheesh.

This afternoon, preposterously, John Hinderaker tries to paint a false portrait of Tangerine 2.0 — as a popular preznit. He is no such thing. But lies are Hinderaker’s stock in trade, so we just smirk — at the silliness.

John’s own graphs show about 10% more people strongly disapprove of him, than strongly approve of him — with both of those numbers well below 50% overall, in the latest Rasmussen polling.

However, when we leave behind polls that over sample GOP households (Cough! Rasmussen!), and look at non-partisan Quinnipiac polling out today — the picture is deeply troubling for DOGE / Musk / Trump 47 / MAGA. See this, from an East Coast paper:

…According to the poll released Thursday, 42% of voters approve of how Trump is handling the job, while 54% disapprove. This compares to Trump’s 45% approval and 49% disapproval ratings in Quinnipiac’s Feb. 19 poll….

Elon Musk, one of Trump’s top advisers, registered even lower marks with 36% approval and 57% disapproval. Further, only 40% said Musk’s newly created Department of Government Efficiency, or DOGE, was helping the country, as opposed to 54% who said it was hurting the U.S.…

Other members of the Trump administration, including Vice President J.D. Vance, Secretary of the State Marco Rubio and Secretary of Health and Human Services Robert F. Kennedy Jr. also garnered lackluster approval ratings, the poll showed….

So… Y A W N.

John’s a liar and Trump is a small minded would be despot. Where is the news in that?

Nowhere. But knowing that Musk (and his companies, too now) are reviled… well, that’s new.

How long until he realizes his $340 billion fortune is being trashed by association with all things Tangerine 2.0?

The honeymoon / bromance is ending boys.

S M I L E.

Onward to the high mountains of Colorado for some Spring skiing and a long weekend (thus we expect spotty / light blogging as a forecast). Out.

Musk/DOGE/Tangerine 2.0 Forces Have Agreed — In Sworn Court Consent Orders — To STOP Burning USAID Documents. Geez!

As of March 11, 2025 — Musk had agreed that he had no right to burn USAID documents prior to their clearance from the standard document retention policies at the agency.

So this morning, the American Foreign Service Association was able to let go of its motion for a TRO. These jokers just now figured out that continuing to burn or shred documents at USAID’s headquarters in the Ron Reagan Building… would be… yep, felonies. So they cut it out. Here’s that agreed language from this morning’s filing in DC:

…USAID will not destroy “any additional documents after March 11, 2025, without first notifying Plaintiffs and providing an opportunity to raise the issue before this Court.” ECF No. 59 at 2; see also ECF No. 59-1 ¶ 13. Defendants’ counsel have confirmed to Plaintiffs that this obligation will apply throughout the pendency of this case.

The documents destroyed on March 11, 2025, were limited to “(1) copies of classified documents that were originally classified by other government agencies, or (2) derivatively-classified documents that were created for the purposes of, but not limited to, high-level meetings, official government travel, and intelligence briefings, which USAID no longer has a need to retain.” ECF No. 59 at 7.

If “originally classified USAID documents” and “current classified program files” “had not met their retention requirement in accordance with the disposition schedule approved by the National Archives and Records Administration (NARA),” those documents were retained and will be stored. ECF No. 59-1 ¶ 7.

No personnel records were destroyed. ECF No. 59 at 7….

And just to be clear, there are 50 some other lawsuits that I am not covering here — against these buffoons. Trump is running about 1 in 20 on small wins, in those. In other words, he is likely (overall) only about 3 for 88. Batting below four per cent now. Out.

नमस्ते

“Probationaries” Are Reinstated, By USDC Judge Alsup In San Fran, After OPM / Charles Ezell’s FALSE Sworn Statements Were “Withdrawn” Overnight By OPM / Musk / DOGE Counsel.

The written order will come late tonight or tomorrow — but it is clear that the bald faced lies told by Charles Ezell — a Musk guy at OPM… were infuriating to the preeminent USDC Senior Judge Alsup (a Clinton appointee, and a former Justice William O. Douglas / Supreme Court law clerk). [One of my many recent backgrounders, on this bit of litigation is here.]

So he has orally ordered (immediately, from the bench — during the hearing) that tens of thousands of probationary US agency employees (including HUD?) must be reinstated, to their federal jobs… right now.

They cannot be “forced” to go back to work, but they are owed paychecks from the last four weeks, and can now decide whether they want to keep their positions. The judge also ruled that OPM has no power to issue any subsequent “guidance” to other agencies, about HR / Firing / Hiring matters.

…Preliminary Injunction Hearing held on 3/13/2025. Court granted and extended TRO as stated on the record. Court directed counsel to file briefs by 3/21/2025, 12:00 noon, 10 pages in length as stated on the record. Memorandum Opinion to issue….

Initial Case Management Conference not held. Still, discovery open; parties to comply with all rules and standing orders….

Court further stated plaintiffs may depose Noah Peters in Washington, D.C.; Government to make him available for 3 hours within two weeks….

[More soon….]

Smiling onward — well done, Willinator!

नमस्ते

The Tides May Be Turning: Some GOP Senators DO Think Real Bio-Science… Matters: CDC Nominee Scrubbed.

Well, after RFK, Jr. cancelled a scheduled flu-strain selection meeting, on next year’s vaccine stock… it seems some GOP Senators are realizing that facing their voters in the wake of greatly elevated flu (and other viral) death rates in a year or two… will be difficult, to say the least.

Thus, merely a handful of hours before the Tangerine 2.0 nominee to lead the CDC was to go before the Senate… his nomination is pulled, and Trump starts over, from scratch. These clowns — are completely cartoonish. But to be certain, this is better news than having him in the seat. Every day without leadership though — real leadership — is another day lost to being the driving force, in preventing communicable diseases here in the US, and around the globe. Here’s STAT+ on it:

…The Trump administration withdrew the nomination of Dave Weldon as its pick to run the Centers for Disease Control and Prevention, according to two sources familiar with the decision, hours before he was set to appear before the Senate’s health committee.

The sources said the administration had concerns about Weldon’s long track record of criticizing vaccines. Weldon would have been the first CDC director to go through the Senate confirmation process, after a law passed in 2022. But there were concerns within the White House that he did not have enough votes from Senate Republicans to win confirmation….

And so it is — as I often say — that sanity makes its comeback… with the smallest of steps, at first. This is one of those times. And now the crewed ISS SpaceX launch won’t go until Friday night — weather at the cape. Onward.

नमस्ते

[U: Mirengoff Too.] Funny / Ironic: Hinderaker Doesn’t Believe In The Right To Counsel In Felony Matters. Here’s Someone He Respects… Who DOES.

Tonight — ever the feckless dolt, Hinderaker pretends not to understand why the abduction to rural Louisiana, of a Columbia U. grad student with a green card (and an eight months pregnant US citizen wife) is an important issue — regardless of the ultimate merits hearing to come.

But someone he has lavished praise upon, on the far right — understands. The right to counsel… matters — in felony criminal proceedings.

In fact, there was a time, in about 2019, when she was actually serving as his… frontal lobe.

[Updated — near Midnight Eastern: Mirengoff also blows past the obvious access to counsel issue, and “makes up” a scenario where the man directly engaged in violence — to get to his protected speech suppressing result.]

This is not just a “liberals’ issue“. This is not “a bad cause“, John.

This is a question of whether a Nouveau Reich will rule us, or whether we still have the right to peacefully protest for the redress of grievances — and then the right to counsel, when detained. This should concern Hinderaker.

But it doesn’t — because at bottom, he doesn’t support our robust system of ordered liberty.

He wants an authoritarian dictatorship. An orange one.

Charming. I’m here to see to it that he won’t ever get it.

Out.