Sixteen Blue States Are Still Being Prevented From Accessing FEMA Funds Previously Awarded By Congressional Acts, And Earlier Administrations…

So, in the Rhode Island federal courthouse, the plaintiff states have — for a second time in seven elapsed days, been forced to move — and have moved — to enforce the able USDC Judge John McConnell, Jr.’s order enjoining Tangerine 2.0 from “impounding” these funds.

Here’s that full 13 page motion, and a bit of it quoted in blue, below. This is… despicable. You’ll note that this blockade only still exists in the states that went for Kamala Harris (or, in the case of Arizona and Wisconsin, Mr. Biden the cycle prior — 2020). Damnation:

. . .Since the Court’s February 10 order, Plaintiff States have worked diligently with counsel for Defendants to address compliance issues with the Court’s orders, including providing counsel with lists of awards spanning multiple agencies that remained inaccessible even after the Court’s orders. See Correspondence between Kate Sabatini and Daniel Schwei, attached as Exhibit D to the Affirmation of Theodore McCombs (“McCombs Aff.”). As a result of Plaintiff States’ efforts, many funds frozen as of the Court’s February 10 order have now been made available. Id.

Nevertheless, the parties have reached an impasse as to millions of dollars of FEMA funds that have been awarded and obligated but have remained inaccessible to Plaintiff States — some for almost three weeks. As of February 28, 2025, at least 140 FEMA grants from at least twenty different FEMA grant programs have been frozen or otherwise rendered inaccessible in sixteen Plaintiff States, including Arizona, California, Colorado, Connecticut, Hawaii, Illinois, Maryland, Maine, Michigan, North Carolina, New Jersey, New York, Rhode Island, Vermont, Washington, and Wisconsin. Funds have been reported frozen as early as February 7, with an increasing number of grants reported frozen during the weeks of February 17 and 24. In several cases, the freezes apply to multiple grants in the same grant programs spanning several fiscal years….

What we see, from this Mal-administration, is a form of patrimonialism… of the sort not seen in nearly a century in Europe — and not since before the Civil War, here. It does persist to today, in both China and Russia. You, gentle reader — are free to decide whether you like the Seventeenth Century better than the Twenty-First.

I do know where I come out on it, though. So I will keep on… resisting — and filing suits. Onward.

नमस्ते

Hinderaker, Johnson And Mirengoff: Come Get Your Boy… He’s Gone… Looney.

Updated: Hinderaker tonight apparently thinks that Tangerine is in the right to give a carved up Ukraine away for free to Putin. I think that smells a lot like Trump paying a prior debt — one owed to Putin. But Hinderaker cannot bring himself to chastise the third grade bully Trump so tediously is, even entering his eighth decade on the planet. That’s… disgusting. End, update.

So — apparently the new US posture toward anything Putin wants… is “let’s help Putin get it.” Lithium reserves?

Land?

Human capital?

Here (in the person of Donald Trump!) — “let’s give it to him.”

But why, exactly? Why?!

Trump just posted this:

…It’s amazing what comes out through emotion, and I have determined that President Zelenskyy is not ready for Peace if America is involved, because he feels our involvement gives him a big advantage in negotiations. I don’t want advantage, I want PEACE.

He disrespected the United States of America in its cherished Oval Office. He can come back when he is ready for Peace….”

It is telling that Trump put an initial cap on “Peace” — to him it means only those terms he and Putin (without Ukraine’s input) decide what makes… a ‘peace’. Damn him.

This, coupled to the childish outbursts of Trump (and Vance) on camera at the White House… make it clear that it is Trump who has misjudged the situation: Ukraine is a nation — and Mr. Zelenskyy is a President — with very little left to lose, ever since Trump turned tail and ran, into Putin’s arms.

And the most dangerous person at any negotiating table is the guy with nothing left to lose.

Trump can’t understand that. The EU, NATO and maybe even China will become Ukraine allies in its defense, and leave America on the sidelines — an impotent old buffoon, in the corner at Thanksgiving dinner. And Ukraine will sell its lithium to the EU at very high prices, to rebuild.

Trump committed a completely third-grade bully’s error, on this playground.

What an A$$.

John, Scott and Paul are avoiding writing about this completely embarrassing display of vituperative childishness by the Donald.

F-ing cowards.

But he’s their boy. Take ownership — and responsibility — you dolts.

Out.

I Find Myself In Need Of A Smile, On This Last February Friday — And So, Yes — March Madness Is Set To Open Again, In 2025… To Feel A Lil’ “Normal”.

To be certain, there is so much… ugliness, in the world right now (most of it, of our own collective making — with the Tangerine moron openly yelling at our Ukrainian ally-President, in front of the cameras — Dammit!)… I find myself looking almost desperately forward — to some simple, joyful and a lil’ nuttily obsessive competition (with BHO 44 — a real President).

I frankly can not wait, with a smile on my face, for the morning we all open the papers to grab our brackets, and begin filling ’em in — been doing it for four decades now… but in truth, for the last 15 years minimum, I’ve done it all with the clicks of a mouse, at CBS Sports’ Bracketology. And that makes it easy, since Mr. Obama’s bracket gets auto-uploaded there as well. That way, I can let the flawless engines of the internet keep score — and I can just watch the games, flipping channel to channel.

I do know that all this oddly obsessive behavior… drives about half the nation… nuts (and breaks channel clickers, nationwide!) — for these two to three weeks, but increasingly, the ones rolling their eyes are no longer primarily women. And the rabid competitors — winners even, of both mens’ and womens bracketology… are now often… female. And I love it.

I love it… all. But I am still down, about 3 for 15 against the former POTUS. Let’s see how 2025’s brackets shape up, Onward!

नमस्ते

In Which Musk / DOGE / Tangerine 2.0 Get… Humiliated, Before The Chief Justice Of The US Supreme Court… Friday Funnies!

Well, this one deserves to be seen — before lunchtime.

Hampton Dellinger’s lawyers have eviscerated Musk / Tangerine 2.0 — in an acidic letter of response — filed overnight, with the Chief Justice of the United States Supreme Court. [He goes so far as to cheekily-ask the Chief to “please circulate it” to the other eight! Hah!]

But on the merits, it buries the Tangerine 2.0 team’s grandstanding before the Supremes — as Trump has wildly misrepresented the posture of this case, and to Chief Justice Roberts, to boot. Here’s that bit — and the full letter:

…[Musk/Trump] advances arguments concerning an administrative action that Special Counsel Dellinger recently filed before the Merit Systems Protection Board (MSPB). The government does so despite failing to brief this issue to the district court (apart from a single unreasoned sentence in a footnote in its summary judgment reply brief) — and despite failing to make any mention of this matter before the district court at the lengthy oral argument that occurred just yesterday. To be clear, the government nowhere asserts that the Special Counsel’s action was in any respect legally unsupported. Regardless, the government mis-describes what occurred: it was the MSPB, not the Special Counsel, that “halt[ed]” certain personnel actions, Letter at 2, and it is the MSPB (not the Special Counsel) that will render any further decisions and issue any binding orders within the Executive Branch’s internal administrative process concerning the propriety of those personnel actions. As the Special Counsel is fully prepared to explain when the government properly raises this issue within the litigation, there is no merit to the government’s assertion that this administrative action supports its position. To the contrary, a more accurate understanding of that process confirms the Special Counsel’s position concerning his for-cause removal protection.

That said, the government’s attempt to raise these issues for the first time in this posture — and to object to a different TRO issued by a different judge in a different case — is a distraction.

Had the government consulted with Special Counsel Dellinger before filing its letter (which it did not do), the government would have known that the Special Counsel does not object to its request to hold the application in abeyance for three additional days, which is the proper course of action.

I would appreciate it if you could circulate this letter to the Members of the Court[!!!]….

Yup. That’s gonna’ leave… a bunch of big red welts, on these boys’ big old hinies. Hah!

नमस्ते

Power Alley: Merck Is Engaging A Private Mediator, To Try To Settle The Davis EEO / Employment Discrimination Federal Suit, In Manhattan…

We mentioned this long running suit at the beginning of the month, when Merck lost a motion to dismiss without going to trial.

Now both sides have agreed to mediation, to try and resolve their differences. That is wise, on both sides. Here’s that order from the beginning of the week:

…ORDER

As discussed at a conference held today and attended by counsel for all parties, it is HEREBY ORDERED:

1. The next case management conference in this matter is scheduled for April 10, 2025, at 10:00 a.m., to proceed in Courtroom 620 at the White Plains Courthouse, at which time the parties should be prepared to set a trial date and deadlines for pretrial submissions.

2. The parties have advised the Court that they are engaging a private mediator. The parties are directed to continue settlement discussions in good faith.

SO ORDERED. Case Management Conference set for 4/10/2025 at 10:00 AM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti.

(Signed by Judge Vincent L. Briccetti on 2/25/2025)….

Now you know. I thought we all — all of us — could use a short interlude, from the firehose of unlawful employment decisions putatively being made by Musk / DOGE / OPM / Marco Rubio/ Kash Patel / Tangerine 2.0. Heh.

More, on those malign idiots by lunch-time — as we may have to wait until Monday to see USDC Judge Alsup’s reasoned written opinion, out of San Francisco, in the “probationaries” TRO cases.

[Onward, but in employment matters, the plaintiff is very likely to net more in recovery (by saving on legal fees) by working out a settlement, especially where the employer has nearly unlimited funds to spend on legal fees — by dragging it out. A company like Merck can simply outlast a guy like Davis. So mediation is wise, here.]

नमस्ते

Wham! No Text Order Yet, But TRO Entered By USDC Judge Alsup!

Well — that’s as expected.

These Tangerine 2.0 clowns can’t understand fifth grade civics. Here’s CNN’s story — just breaking:

…US District Judge William Alsup ordered the Office of Personnel Management to inform certain federal agencies that it had no authority to order the firings of probationary employees, including the Department of Defense.

“OPM does not have any authority whatsoever, under any statute in the history of the universe,” to hire or fire any employees but its own, he said….

There are an estimated 200,000 probationary workers — generally employees who have less than a year on the job — across federal agencies. About 15,000 are employed in California, providing services ranging from fire prevention to veterans’ care, the complaint says….

Alsup, who was appointed by President Bill Clinton, a Democrat, has presided over many high-profile cases and is known for his blunt talk. He oversaw the criminal probation of Pacific Gas & Electric and has called the nation’s largest utility a “continuing menace to California….”

[And the summary text order — no opinion yet:]

…Motion for TRO held on 2/27/2025. Parties stated appearances and proffered argument. Court ruled as stated on the record. Written Memorandum Opinion to issue. [Musk/Tangerine 2.0] Government is to produce expedited discovery on 3/4/2025 by 12:00pm noon (pst). Evidentiary Hearing set for 3/13/2025 08:00 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup….

Way to go, Willinator! And do put that in your pipe, and smoke it, Elon — And Tangerine 2.0! See you next week — for the permanent injunction, and perhaps — damages.

नमस्ते

As We Await Word Out Of SF — On The Probationaries’ TRO… A Happy Update, On Athena — “5×5, In The Pipe” To The Moon’s South Pole…

The preeminent USDC Judge Alsup is right now deciding to grant the federal workers a TRO, in all likelihood, against Musk’s OPM… and because there is no audio or video feed — we offer this update, to fill space in the mean time. But it may be after 9 PM EST before we see Judge Alsup’s ruling, just to be clear.

So — here is that mission on its way to the lunar South Pole — with part of the ideal outcome to be an on-surface attempt at a Nokia cell network demonstration / proof of concept, there (all as we mentioned last night). Lovely; and here’s a bit:

…[Intuitive Machines’] IM-2 mission Nova-C class lunar lander, Athena, launched on SpaceX’s Falcon 9 rocket and successfully commissioned in space, marking the first time humanity has had three lunar landers en route to the Moon at the same time….

Athena has established a stable attitude, solar charging, and radio communications contact with the Company’s mission operations center in Houston — after liftoff on February 26.

The lander is in excellent health and preparing for a series of planned main engine firings to refine her trajectory ahead of lunar orbit insertion, which is planned for March 3. Intuitive Machines expects a lunar landing opportunity on March 6….

Now you know — and now… we wait — on many a front (some, eleven years on, too). Onward — smile.

नमस्ते

And The Plaintiffs In USDC Judge Alsup’s SF Case Have Put The Lie To The Tangerine 2.0 / DOGE / Musk / OPM Statements Of Yesterday…

In prep for the hearing is this afternoon, Pacific time — we will show you by link — the as expected — overnight unions’ (and others’) forceful answers to the lies, from Team Tangerine 2.0.

As I said yesterday, most of the actual emails that appear as exhibits to the plaintiffs’ amended complaint, and this filing last night — directly contradict unsupported Musky statements (i.e., lies), told by OPM / Musk minions:

…Plaintiffs have presented the Court with substantial evidence, including OPM’s own documents and agency admissions and documents from across the government, that OPM ordered federal agencies across the government to terminate probationary workers with few exceptions and to use a standard notice falsely claiming performance justification. In response, OPM submits a single declaration from Acting OPM Director Ezell, created for purposes of this litigation, that denies ordering terminations, contradicts his own attachments, is unsupported by any testimony from the agencies that supposedly made these decisions, and is simply not credible.

Because Plaintiffs are correct that OPM ordered these terminations and use of a termination notice OPM knew was a lie, this Court has more than enough evidence to issue a TRO maintaining the status quo. OPM’s actions broke the law. OPM largely focuses on jurisdictional roadblocks, but each point fails. Plaintiffs and their members have documented their ongoing, irreparable harm across the country. Plaintiffs’ claims against OPM are not the type of claims channeled to administrative agencies. And OPM is flat wrong that this Court lacks authority to enter an injunction that stops OPM’s unlawful acts in their entirety and orders OPM and all those acting in concert to maintain the status quo. Plaintiffs respectfully request the Court enter their proposed TRO and stop the unlawful action that is harming our government and our country….

I may only have time today to post links to documents, as they get filed — and not really comment on them in any detailed context. It is going to be a busy day in the nation’s court-houses — so do buckle up! Onward.

नमस्ते

We Knew We’d See “Disinformation” From The Tangerine 2.0 Squads — But Outright Lying, To His Own Cabinet?! It Is MUSK’S Cabinet, After All…

Apparently, Musk told Trump’s cabinet yesterday that a “mistake was made” — when his minions cut Ebola prevention funding at USAID, but it had already been restored. In fact of the 60 staffers working in Ebola prevention under USAID, now only six have jobs — that has been independently verified, by named sources (at significant risk of Musk reprisals, for calling him on his lies to the GOP cabinet — and Trump).

It would be hard to overestimate how badly this ongoing sort of supplicant behavior — toward a known sociopath — is going to turn out, for all Americans. This from MSNBC, quotes the Wa Po — but it is. . . astonishing, in its accounting of Musk’s… admitted duplicity — and depravity:

“…So, for example, with [the U.S. Agency for International Development], one of the things we accidentally canceled, very briefly, was [funding for] Ebola prevention,” Musk said. “I think we all wanted Ebola prevention. So, we restored the Ebola prevention immediately, and there was no interruption.”

The GOP megadonor pointed to this example while chuckling a bit, as if this were an amusing example of his quasi-governmental “department” slipping on a banana peel. But the public need not worry, Musk suggested, because nothing bad actually happened when his team accidentally — but briefly — cut off Ebola prevention funds. All’s well that ends well, right?

Wrong. The Washington Post reported:

[C]urrent and former USAID officials said that Musk was wrong: USAID’s Ebola prevention efforts have been largely halted since Musk and his DOGE allies moved last month to gut the global-assistance agency and freeze its outgoing payments, they said. The teams and contractors that would be deployed to fight an Ebola outbreak have been dismantled, they added. While the Trump administration issued a waiver to allow USAID to respond to an Ebola outbreak in Uganda last month, partner organizations were not promptly paid for their work, and USAID’s own efforts were sharply curtailed compared to past efforts to fight Ebola outbreaks.

The Post’s report, which has not been independently verified by MSNBC or NBC News, quoted Nidhi Bouri, who served as a senior USAID official during the Biden administration and oversaw the agency’s response to health-care outbreaks, saying, “There have been no efforts to ‘turn on’ anything in prevention” of Ebola and other diseases….

And overnight, Chief Justice Roberts stayed, for the moment even the DC trial court order — releasing these and other USAID funds. WTH?! Out.

नमस्ते

Um… “Can You Hear Me Now?” We May Soon Have Cellular Coverage… On The Moon?!

Since we all likely had one of these literally… indestructible brick phones from Nokia in the 1990s, I have to laugh with you — at this one. Per CNN, then — the more whimsical part of this Intuitive Machines “drill for water” mission… is this. I was unaware (until my live cast, earlier tonight) that part of this lunar science packet includes a hardware module to throw up a Nokia “test net” cellular service / and beacon, near the South Pole of the Moon. WTH?!

This is a secondary, demonstration only package — which was partnered with Nokia — and it will attempt to set a lunar cellular phone network in place. The goal is (at some distant future date) to be able to use it — in lieu of two way radio transmissions — back to Earth, should we establish longer term human outposts on the Moon (as I say, at least two decades from now):

…The Lunar Outpost rover and Grace hopper will also each test out the use of cellular network devices on the moon as part of a NASA-sponsored experiment spearheaded by Nokia.

All told, the IM-2 Athena lander is expected to operate for about 10 days on the moon….

That’s… just wild. Truly wild — from indestructible brick phones 30 years ago — to cell calls, now — all over the Moon?! What a world, indeed.

नमस्ते