We respond…
NASA is live casting the liftoff — and orbital burns, of this private Moon mission. Last year’s backgrounder, here.
It is uncrewed, but here you go — underway now, about 45 minutes in, as I join it:
…Liftoff! At 7:16 p.m. EST on Wednesday, Feb. 26, a SpaceX Falcon 9 rocket launched the Intuitive Machines’ lunar lander, Athena, from Launch Complex 39A at Kennedy Space Center in Florida….
नमस्ते
Without any citation to even a hard right poll / or other evidence, tonight, in a scandalous attempt to more completely defame and libel Tim Walz, his sitting Governor in Minnesota — John Hinderaker writes this:
…by the end of the campaign, 60% of the country thought he was gay….
Seriously, John?! “Thought” he was gay?! That’s a slur — in your mind? Wow.
The 1950s called John, they want their male / macho libido / brain back.
This would only be an insult at the KKK Klaverns / Beer-fests you favor, friend.
It is… illuminating, just the same — as to why he may well be reticent to allow Berkeley to digitize his archives.
Hey John — your grandchildren and great grandchildren will… definitely cringe if/when they read this — and they will… read this (even if Berkeley never digitizes your archives… but hey, maybe the Posse Comitatus racists’ / separatists’ group will! /s).
These (yours) are far right / fascist tropes — indeed. They will be studied by future generations — with opprobrium.
D A M N.
Out.
And it ends with the law still technically on the books in Tennessee (see page five, middle of the page, here).
However, in the “small silver linings department”, the State of Tennessee attorneys have represented (both at trial and during the appeals) that the statute, which everyone has conceded is troublingly vague, will not be enforced in any manner that conflicts with prior First Amendment case law — at the federal level.
That is to say, unless a given performer is exposing naked genitalia, in a very public square — or is dancing in a very lewd manner in front of (say) a kindergarten — the chance of any law enforcement engagement will be near zero. And if the police do try to arrest someone in drag, just for being in public, or dancing in public — without more… the law is clear: the dancer will win substantial damages from the State of Tennessee. It would have been nice to have the Supremes reaffirm these black letter legal guardrails — but they do remain, despite the denial of cert. Onward.
नमस्ते
And — busy day! — the USAID case in DC has now been appealed to the DC Circuit.
The records in most of the cases… are starting to reflect a pattern of willfully ignoring federal court TROs and preliminary injunctions — by Tangerine 2.0, Musk, Rubio and their collective minions. We will keep you informed, but in today denying a stay of the TRO, the able USDC Judge Ali in DC has now made it clear he is about out of patience, thus:
…Plaintiffs again provided evidence that Defendants have simply continued their blanket funding freeze and further documentation of the irreparable harm they are suffering, including attestations of severe harm that will manifest before the end of the week. Plaintiffs explained that they tailored their motion to enforce to address only the most acute irreparable harm, seeking compliance with the TRO by unfreezing the congressionally appropriated funds at least for all work completed prior to February 13, the date of the Court’s TRO. Upon receiving the motion, and now twelve days since the TRO had been granted, the Court held a prompt hearing to hear from all parties in both cases on the state of compliance.
At the hearing, counsel for Defendants acknowledged that the Court’s TRO foreclosed Defendants from giving any effect to suspensions or terminations that were issued before February 13. AIDS Vaccine, ECF No. 35 at 33–34. The Court asked counsel for Defendants if he was “aware of steps taken to actually release those funds,” consistent with the TRO and subsequent orders. Id. at 35. Counsel responded that he was “not in a position to answer that.” Id.
For this and additional reasons stated on the record, the Court orally granted Plaintiffs’ second round of motions to enforce the TRO. The Court ordered Defendants to unfreeze funds for work completed prior to February 13, consistent with the terms of the TRO and the Court’s subsequent orders, giving Defendants an additional 36 hours to do so. The Court made clear that, although it was focusing on this specific aspect of the TRO that was the subject of Plaintiffs’ motion to enforce and which was a consequence of the TRO’s injunctive relief, the Court was “in no way limiting the scope of the TRO or modifying its terms….”
The day is coming, when there may be a “Little Rock” moment — with US Marshals arriving at the door of Marco Rubio and Elon Musk — and Tangerine 2.0… hisself. The Marshals will enforce federal court orders. Trust that. Even if they have to walk in and start printing the checks themselves, per a court order — to the Treasury. Truly surreal times.
नमस्ते
Well, I said it would be foolish/stupid for Elon’s OPM minions to lie here — but prevaricate, it seems they have. Geez.
See pages 15 and 16, here. I’ll quote it below — but the answer… is directly contradicted by the time-stamps on emails, and the originating / sending [OPM] party line — on dozens of which I am aware. Contradicted, on the basis of exhibits already on the record, in the litigation. Several of those are on file as exhibits to the amended complaint by the plaintiffs, as well. Damn. Take a look:
…OPM did not direct agencies to terminate probationary employees, based either on performance or misconduct. See Ezell Decl. ¶ 10. Rather, OPM reminded agencies of the importance of the probationary period in evaluating applicants’ continued employment and directed agencies to identify all employees on probationary periods and promptly determine whether those employees should be retained at the agency. See id. Agencies were responsible for reviewing probationers’ performance, and agencies were responsible for deciding which probationary employees to keep and to terminate. See id. Agencies were responsible for taking action to terminate their own employees they no longer wished to retain, and agencies were responsible for taking that action in accordance with all applicable laws and regulations….
[Editorial Nota Bene: In the case I am most familiar with, this statement above is at best… wildly misleading (and the plaintiffs’ affidavits contradict it — many of them with proving exhibits — they aver that their “termination notice” came ONLY from OPM, and only copied the agency head — no one else). In the case of the probationary employee I am closely familiar with, the employee in question was to attend a pre-scheduled meeting with his direct supervisors by Zoom, to work out the next six months, both on budgets, and on transitional work plans and tasks. But a full-hour before that meeting, he received an OPM email (one that did not even copy anyone in his direct chain of command), saying he was being “terminated for cause — poor performance“. Two weeks earlier, he had received an “exceeds expectations” review, and a raise to a higher G- pay class. So the above is a lie, in at least several cases — and perhaps, as to tens of thousands of these employees.]
Back now to OPM’s answers:
…Probationers are applicants for employment with the burden to demonstrate their fitness for continued employment; there is no presumption that they will be retained. See Ezell Decl. ¶ 11. Agencies are obligated to use the probationary period to determine the fitness of probationary employees and must terminate employees’ services if they fail to demonstrate fully their qualifications for continued employment. See id. This determination must take into account the existing needs and interests of government. See id. The probationary period is part of the hiring process; agencies are not required to hire every employee whose performance is “satisfactory.” Id. An agency [Nota Bene — not OPM, but the actual agency that employed the person] may determine, and OPM has determined, that only the highest-performing probationers in mission-critical areas demonstrate the necessary fitness or qualifications for continued employment. . . .
Again, that second answer to Judge Alsup’s pointed question… is largely… non-responsive — and argumentative. As such, the able USDC Senior Judge Alsup is likely to deem OPM “admitted” — to the charge that these probationaries were fired NOT with any performance metric in mind — at all.
Consider that my son was rated “exceeds expectations” by his own superiors. And they were utterly unaware he had been let go, by OPM, when he opened the Zoom meeting and informed them of the OPM email. [This all transpired in the Eugene, Oregon federal offices.]
Onward, tomorrow’s hearing… it will be a banger — in San Francisco.
नमस्ते
Well — the old adage here may be too… gentle — by half.
“Elect a fascist — expect… a Reich” might be more appropriate, here today.
These malign idiots are getting (day by day) exactly what we expected they would. And even so, they are too spineless to file the suits themselves. Wussies. Here’s Paul’s latest pearl clutching:
…Trump is punishing a news organization, AP, for persisting with the [name] “Gulf of Mexico”.
He’s doing so by banning this organization from White House press conferences and, in addition, now barring it from events at other parts of the White House and trips on Air Force One….
Yes Paul — this is patently… fascist.
Stand up and do something about it. He’s YOUR creation. Damn.
Out.
This preliminary injunction is now sitting on the appellate docket of the Fourth Circuit — that will result in another loss for Trump in a few weeks’ time. Onward, end update.
[Original item: 02.22.2025] Ruling that a preliminary injunction was warranted here, the able USDC Judge Abelson, sitting in Baltimore, Maryland said at a minimum — Trump’s order attempts to infringe free speech, based on content — without imminent lawlessness afoot. People are allowed to advocate for, and openly discuss inclusion, without any order restricting it. On that grounds alone… the at right is and was a dead letter.
But he went on to hold much more: primarily that Trump’s Black Sharpie lacks the authority to do it, without the Congress. As is true of just about every one of them he’s signed so far. Here’s the full 63 page overnight opinion, and a bit from NPR, this morning:
…In addition to the mayor and the Baltimore City Council, the plaintiffs include the National Association of Diversity Officers in Higher Education, the American Association of University Professors and the Restaurant Opportunities Centers United, which represents restaurant workers across the country.
Their attorneys claim the groups are already suffering the effects of the executive orders as Trump encroaches on the powers of Congress and seeks to suppress views he doesn’t agree with.
“But the President simply does not wield that power,” they wrote in the complaint. “And contrary to his suggestions otherwise, his power is not limitless….”
To be clear, this is a nationwide but temporary order — but the plaintiffs have made a compelling showing that Trump’s “theories” of the law surrounding executive orders (if they may even be called that) are… BUNK.
नमस्ते
This is one of perhaps six hearings in the next forty-eight hours, that will set all this nonsense up, for the appeals from Tangerine 2.0’s losses. [This is a case that has been bounced out of the Supremes once already — against Trump’s pleadings.]
The hearing is now concluded. So — updating my score-card here: Team Tangerine 2.0 is now about two for 28. Hilarious. Here’s the full extended TRO as entered by Judge Berman-Jackson, and a bit:
…The Court is well aware that the case is in the very unusual posture of being the subject of an application before the Supreme Court before a final order has been issued and before the United States Court of Appeals for the District Columbia has had the opportunity to review that final order. It recognizes that the Supreme Court – with the understanding that the TRO expires at midnight tonight – is holding the application in abeyance until that time. So it is incumbent upon this Court to resolve this matter even more expeditiously than the Federal Rules of Civil Procedure would ordinarily permit; and the Court will do so.
Given the significance of the constitutional questions presented, though, it is also incumbent upon the Court to give full consideration to all of the arguments advanced during today’s hearing before it finalizes its opinion. It is also necessary to give close consideration to all of the pleadings submitted by the parties after the TRO issued, and to rule on questions raised after the defendants asked the Supreme Court to take the case. This includes defendants’ thirty page motion for summary judgment [Dkt. 22], filed on Friday, February 21, which advances arguments concerning the Court’s authority to impose equitable remedies for the first time before this Court; plaintiff’s forty-page opposition and cross motion for summary judgment, filed on Monday, February 24; defendants’ reply, filed on February 25; and plaintiff’s cross opposition, which is not due until tomorrow. This is particularly true now that the motion for a preliminary injunction has been consolidated with the merits, as defendants requested….
[Team Tangerine 2.0] counsel for the defendants indicated a lack of familiarity with the relevant legislative history and proposed to look into it as the subject of a supplemental filing, she voiced defendants’ objection to any extension of the TRO for the same reasons they opposed it in the first place….
The Tangerine 2.0 lawyer was largely ill-prepared (hadn’t read the legislative histories) related to this proposed extension of the TRO — preventing Trump from firing Hampton Dellinger, until at least Saturday, March 1, 2025. It would not surprise us, if the Tangerine 2.0 loons decide to go back to the Supremes yet tonight, since the Supremes punted only until end of day, today. Judge Jackson’s order is clear — she needs until Saturday to sort all the silly spaghetti Trump has thrown at the wall here. Let’s hope Justice Roberts is wise enough to let that happen. Onward.
नमस्ते
When a very capable, very experienced USDC Judge takes it upon himself to pose questions, just two days in advance of an emergency hearing — and insist that the answers be in writing, and under oath, by 10 AM Pacific tomorrow, aimed at the feds and the OPM, only (which for the moment acts through the minions of Elon Musk, even more than Donald Trump)… the DOGE boys should buckle up — to get their back porch painted bright red.
This is an ominous sign for Elon — the TRO is certainly going to be granted, and the dot points are gone, and probationaries are going to be rehired, or at least their paychecks will not be interrupted nor decreased, while the litigation rolls on. Heck, they may not even have to go to work (so my guy can train strategically for Nationals — this Summer!), but they will… get pizzaid.
The below order all but makes this plain. And we all KNOW the would-be “feral” government (in the person of Musk’s OPM) has no sensible answer here, at all [and he’d be God’s own fool — to lie about it!]:
…In the opposition due WEDNESDAY, FEBRUARY 26, 2025, AT 10 AM, defendants shall please
address the following:
1. To what extent did OPM or individuals within OPM direct other agencies to terminate probationary employees based on performance or misconduct? If any such direction (or advice) is in writing, please provide the documents to the Court.
2. How can an agency lawfully terminate a probationary employee on the basis of “performance” if that employee’s performance was in fact satisfactory?
….IT IS SO ORDERED.
Dated: February 25, 2025….
Ka-boom! Thursday is shaping up to be a banger in San Fran! Onward, grinning.
नमस्ते
Well — “me thinks the lady doth protest too greatly.”
Hinderaker was apparently approached by Cal Berkeley, to digitize his archives at his think tank, and on Powerline, for a collection being assembled — at what will be called “The Center for Right Wing Studies.”
Of course, this might be a high honor, if — IF John actually believed in even say five percent of what he belches out.
But we detect a fairly vast under-current of shame here (hiding behind his false bravado).
John’s grand-children, and great-grandchildren (when born, and then of an age to go off to college!) would undoubtedly see them, some forty years from now — when he is molding in his grave… and realize that he was, in many ways, his day’s KKK Grand Dragon.
He doesn’t want that future world to know any of this, about him — that is clear.
But that is what Cal Berkeley inclusion would mean: the internet is… forever, as they say.
I find all of it… highly entertaining — and ironic. Just not in the way John posits.
Out.
