Judge Nichols Handed Added Counts — In An Amended, Just Filed USAID Complaint, In DC — It Now Adds Oxfam America As A Party…

February 13, 2025February 13, 2025 ~ condor ~ Leave a comment

USDC Judge Nichols moved his in-court only hearing to today; and overnight, the plaintiffs provided him with a beefed up amended complaint. Here is a redline, to make the changes easy to track.

It adds counts about Oxfam America’s reliance interests on contracts already let through USAID. It recites the actions of Team Musk, in removing the signage from the building in DC — and stranding pregnant US citizens (employees of USAID) in conflict zones in Congo — without access to State Dept. intel — thus endangering their lives. This is deplorable. There is no emergency, here. There is no reason — other than to sow chaos — to rip all this apart in a few hours. Most of all, it ignores the statutes that require such a shuttering to achieved exclusively by a new Act of the Congress. Here’s that newly revised complaint, and a bit:

…Plaintiff Oxfam America is also injured by the disruption and halting of USAID’s work, which is creating an inordinate burden on remaining humanitarian organizations, including Oxfam, whose resources will be significantly overstretched in an attempt to fill the $63 billion void left by USAID. See Ex. A. The agency’s pending closure leaves a massive shortfall that will force Oxfam and other organizations to reallocate funds away from critical programs, allowing it to cover only the most extreme humanitarian disasters. The halt in USAID’s work thus immediately thwarts Oxfam’s mission—and leave scores of children, women, and men living in the world’s most precarious areas without food, water, medicine, education, economic opportunities, or emergency relief from natural disasters and conflicts.

In addition, Oxfam implements programs in close collaboration with its partners including other government entities, international non-governmental organizations (INGOs), local and national NGOs, many of which receive USAID funding and are the beneficiaries of USAID’s technical expertise. The freeze on USAID foreign aid is impeding Oxfam’s work on those programs, jeopardizes its projects, and generates pressure on Oxfam to incur additional financial responsibility. Indeed, Oxfam has already been directed to stop work on several projects that rely on USAID as a back donor, including projects for which Oxfam has completed work but has not been compensated….

Onward, into the chilly sunshine — with about five inches of shovelling done; and more to come by Friday night / Saturday morning now. Smile.

नमस्ते

The Rhode Island TRO Has Been Appealed To The First Cir. — There, The Panel Just Issued An Extraordinary Order, DENYING Tangerine 2.0 A Stay Of Any Kind.

February 12, 2025 ~ condor ~ Leave a comment

Honestly, this must be at least a bit like what it felt like, when William Marbury was appointed as a justice of the peace by President John Adams, but didn’t receive his commission before Adams left office. [Marbury sued James Madison, the Secretary of State under Thomas Jefferson, for a writ of mandamus to force Madison to deliver the commission.]

That all led to the Marbury v. Madison decision, from the Supremes. That one played out in long-hand, quill penned letters and filings, over the course of months in the courts, while this one is evolving at electron speed, overnight.

Even so, the sound principles of Marbury here apply. This is a bedrock of our checks and balances system: it is for the Congress to do the things Tangerine 2.0 seeks — not his own modern quill-pen. He lacks the power of the purse, utterly. [See Articles I, II and III.] And so — here is an amazingly terse and speedy two page First Circuit (appeal) order — just popped out of the oven. It slaps Tangerine into the dust:

…[Overnight, Team Trump] filed with this Court two motions (contained within a single document) for, respectively, (1) a stay pending appeal, which they ask us to resolve by February 14, 2025, and (2) an administrative stay pending resolution of their motion for a stay pending appeal. The sole motion we address in this order is the motion for an administrative stay.

This Circuit has not addressed whether or when an administrative stay of the sort being requested here may be issued, and there is well-recognized uncertainty as to what standards guide the decision to issue one or not. See United States v. Texas, 144 S. Ct. 797, 798 (2024) (Barrett, J., concurring). Here, the [Tangerine 2.0] defendants have requested a stay pending appeal from the District Court, which has not yet ruled on their motion….

[The Team Tangerine 2.0] defendants do not cite any authority in support of their administrative stay request or identify any harm related to a specific funding action or actions that they will face without their requested administrative stay….

We are confident the District Court will act with dispatch to provide any clarification needed with respect to, among other things, the defendants’ contention that the February 10 Order “bars both the President and much of the Federal Government from exercising their own lawful authorities to withhold funding without the prior approval of the district court.” We note in this regard the plaintiffs’ statement in their Opposition to Defendants’ Motion for Administrative Stay Pending Appeal that, consistent with the TRO, the February 10 Order “does not stop defendants from limiting access to funds without any ‘preclearance’ from the district court ‘on the basis of the applicable authorizing statutes, regulations, and terms.'” The parties may file any further memoranda in support of their positions on the motion for a stay pending appeal in this court by 5:00 PM on Thursday, February 13, 2025. [DENIED, without prejudice to renew — when properly before the First Circuit]….

The “sturm and drang show” is here in full effect. [And “just like that“, the Chief Judge in the Rhode Island federal district court just clarified at lunch-time that no, Trump cannot violate the existing TRO, whilst the appeal is pending.] Wow — take a seat, Musk & Trump.

नमस्ते

This Is Mostly To Amplify My Last Post’s Thesis — But The NYT Graphic Is So Good, It Deserves Its Own Post.

February 12, 2025February 12, 2025 ~ condor ~ Leave a comment

I borrow this base graphic, and modify it — to amplify the excellent point the NYT made overnight.

This man is a non-disclosed, unregistered LOBBYIST, in the West Wing — and in the Capitol Rotunda — actively “bending the rules” — and threatening the funding — at dozens of agencies charged with protecting Americans (in many cases, from businessmen like him).

…Whatever you choose to call it, Elon Musk has captured the inner workings of the U.S. government on President Trump’s behalf. His operatives reportedly infiltrated the General Services Administration, gained access to the nation’s system for issuing payments like tax refunds, locked workers out of computer systems at the Office of Personnel Management and strong-armed U.S.A.I.D. into halting humanitarian work across the globe. They have vowed to slash essential research budgets and have put the Consumer Financial Protection Bureau in their sights…. [As of this morning, the CFPB is 404 / Offline, on the web.]

Republican voters signed up for “The Trump Show: Politics Edition.” Musk is producing and distributing that show, one chaotic bite at a time.

In response to a brutal week for democracy, the Democratic leadership in Congress held a news conference. Chuck Schumer led those gathered in a chant, “We will win,” hands held high with Maxine Waters. Elizabeth Warren did a nice job of explaining what the payments mean to regular people. They framed the takeover of the Treasury Department’s payment system as an unprecedented overreach of power.

But the minority party cannot just chant. It has to act on what isn’t debatable: Trump has deputized [an un-]questionably [unlawful] extra-governmental actor. His mission is not just to dismantle the federal government, but to demoralize it….

It is fast becoming clear that this content-driven chaos is going to be the M.O. of Trump 2.0. Trump may have learned in his first term that there is a political price for not feeding your loyalists enough content. Governance got in the way of the content machine he built on the campaign trail. Since then, he has had four years to refine his strategy. Chaos is central to his deployment of unchecked executive power. But chaos has to be tended like a fire. It needs the right amount of constant oxygen to keep it going….

Do go read it all. It is… depressing, but a needed jolt of… the reality, and the new tactics we of good faith, but opposed to autocracy, need to embrace — to put this fire out, once and for all. Onward.

नमस्ते

As Tangerine 2.0 Attacks NIH, HHS and CDC, The Dangerous Mpox Clade 1b Is Seen In NY State, California And New Hampshire… Ugh.

February 12, 2025February 12, 2025 ~ condor ~ Leave a comment

Well — the news is poignant and timely, if unwelcome.

All as the unregistered lobbyist and richest man on Earth lets his son pick his nose in the Oval Office — and Tangerine cheers more attempts at slashing at NIH, CMS, HHS, CDC, FDA and USAID… Reuters reports that a single host with Mpox Clade 1b was identified overnight inside New York. Charming.

Several prior cases have been seen in California and in New Hampshire. [And mutating, deadly versions of a bird flu killed a patient last month in Louisiana.] But we don’t need… vaccines, or science — according to Trump, Musk and Kennedy. Damn. Here’s that Reuters item:

…The New York State Department of Health on Tuesday confirmed its first case of the new mpox strain, adding to the global concerns over the spread of the little-known variant.

According to the U.S. Centers for Disease Control and Prevention, there were three confirmed cases in the country — in California, Georgia and New Hampshire — caused by the clade Ib strain. The agency said the three cases were not linked….

And later last night, Trump hinted he “might look into going after” the federal judges holding him to the commands of our federal statutes (rather than his Black Sharpie scribbles). These are indeed perilous times, for our 240 year experiment in ordered liberty. Onward, just the same — resolutely.

नमस्ते

Guess… Who Wrote It? This Is… Moderately Surprising.

February 11, 2025February 11, 2025 ~ condor ~ Leave a comment

I will name the pundit at the bottom, but not until tomorrow afternoon.

So… here is the quote:

…Abusive use of the president’s pardon power didn’t start with Donald Trump. Far from it. We’ve seen other presidents pardon family members, good friends, associates, and financial backers.

Trump did break new ground when he issued pardons to the violent thugs who attacked police officers at the Capitol on January 6, 2021. Past presidents had granted clemency to a violent activist/anarchist here or there, typically after the criminal had served decades in prison. But as far a as I know, never before had one granted mass pardons to members of a violent, lawless mob without regard to their individual circumstances.

The key to the Jan. 6 pardons was that the rioters had tried to serve Trump’s interests. In that sense, I suppose, they were like campaign contributors. But campaign contributors don’t assault and injure police officers….

The commenter goes on to criticize Trump’s commutation — and now full pardon — of Rod Blagojevich.

But this notion that people committing violent felonies might ever be viewed as “campaign contributions”… tells us how badly the GOP has lost its way.

Separately, tonight in the Oval Office, the autistic spectrum sufferer, Elon Musk, made baseless, and very public, accusations about “rampant fraud” in the federal government.

That charge is absolutely a lie.

And… he knows it is a lie.

But like the above, it serves his — and Trump’s — interests.

And these supposed old line GOP-ers — the pigs — are apparently, fine… with that state of affairs.

Pretty disgusting, indeed.

Out. Check back tomorrow.

John Is… OVER A Day Late… And, Several Dollars… SHORT.

February 11, 2025February 12, 2025 ~ condor ~ Leave a comment

USDC Judge Vargas has already ruled, Johnnie — try to keep up.

Hinderaker is again this noon-time on his cute lil’ hobby horse — about Trump’s clear violations of long standing federal statutes… now being enjoined. Do see that last link — it contains her noon order out of Manhattan — news flash: Trump lost. again.

I get it.

It is a lot of very big words — and long sentences, John.

But really. Do try to keep up.

It is Tangerine 2.0 who is ignoring the law. The “will of the electorate” here (if that it be, John) must work through the Congress. Not 1600 Penn. And you well know it.

And so Tangerine… is getting slapped for it — now he’s 0-for-16… in just three weeks.

What a… putz.

And that applies… to the both a’ ya’s….

Y A W N. So… The Unregistered Lobbyist Will Now Seek Tangerine 2.0 Favors, To Be Approved To Buy OpenAI?!

February 11, 2025February 11, 2025 ~ condor ~ Leave a comment

Do I have that right?

Yep. I do. He will need Hart Scott Antitrust clearance to buy the OpenAI platform, for [updated, due to NASDAQ price increase] ~$98 ~~~$95~~ billion — on size of person and size of transaction basis, since he also owns a controlling stake in X-itter the social media platform previously called Twitter. [For its part, OpenAI says it will not sell to Elon — but “time, and tide, luv… time, and tide….”]

And — gee, huge surprise! Tangerine 2.0 intends to relax the DoJ Antitrust enforcement guidelines, anyway.

The idea that 99% of all Americans have no idea how many ways Elon is corrupting our commerce — and manifold facets of our public life — is jaw slacking.

The guy is now touting a meme-coin called “Harry Bolz” — read it phonetically.

He likely has bought a stake in the meme, and will dump once the rubes pile into it.

This is SEC’s province, as he is a ’34 Act registered control person, via Tesla.

And this is market manipulation — all whilst lobbying, from outside the government, all manner of MAGA hanger-on, in Congress and at 1600 Penn… without the required registrations and disclosures of conflicts, under the Lobbying Disclosure Act of 1995.

That statute carries a two year felony stint — for wilful violations, btw.

Onward. We may stop covering his ordinary business moves — and only mention… his corrupt deals. But I repeat myself.

Out.

Breaking: USDC Judge Vargas In Manhattan Grants A Slightly Modified TRO — Plaintiffs Win, Again! 0-16 For Tangerine 2.0.

February 11, 2025 ~ condor ~ 1 Comment

As we expected, the able USDC Judge Vargas in Manhattan has sided with the plaintiffs and Judge Engelmeyer, and extended the TRO at Treasury, after an adversary hearing on the merits — and full briefings. . . only slightly modified (as per an agreement entered just yesterday evening). It keeps politicos out of private Treasury payor/payee data snooping.

That means the unregistered lobbyist Elon Musk — and all his minions. Here’s that fine opinion of law (and a bit), entered just moments ago on the Manhattan USDC public docket:

…[T]o the extent that Defendants seek to eliminate the TRO’s restriction on access by “political appointees” more broadly, Defs. Mem. at 5-6, the Court denies the motion.

There was a sound factual basis for this central dimension of the TRO. The Complaint alleges that the challenged Agency Action includes granting “expanded access to BFS payment systems to political appointees and ‘special government employees’” affiliated with the Department of Government Efficiency. Compl., ¶ 5; see also id. ¶¶ 134, 135, 157, 158, 166, 174. And the harms alleged in the Complaint that Judge Engelmayer determined were sufficient to warrant the grant of the ex parte TRO are plainly linked to the alleged grant of access to the BFS payment systems to such political appointees and special government employees….

Woot! Put that in your pipe — and smoke it, dotard. 0-16 now.

नमस्ते

USDC Judge Nichols’ DC Hearing On The Purported USAID Cuts And Staff Terminations, Tomorrow… No “Listen-In” Access — Only Live Appearances In The Courtroom…

February 11, 2025 ~ condor ~ Leave a comment

These are matters of unprecedented public concern; these are “the people’s” courts. This is the 21^st Century, and do recall that for over eight months, essentially all federal hearings were made accessible by Zoom, YouTube and/or audio dial-up — just a few years ago (during COVID-19).

The DC court clerk definitely could just “turn on the [extra] mics“, and live broadcast (audio only) to YouTube. That would be the right thing to do, Judge Nichols.

The nation is enduring a tidal wave/tsunami of largely lawless orders, from a guy who hasn’t ever read the Constitution — and cannot remotely understand the checks and balances embedded in the US Code. And, now daily — he is violating clear USDC orders.

That much (at 0-15, now!) is beyond dispute. And I do wonder if Judge Nichols being a Tangerine 1.0 appointee is playing into this — he knows he’s duty bound to exend the TRO here — but likely doesn’t want the MAGAs listening in, and diming him out to Trump. . . in real time. Here’s his overnight (limiting access) order:

…NOTICE: Members of the Public and Media are permitted to attend the Preliminary Injunction hearing scheduled for Wednesday, February 12, 2025 in person. There will not be a public telephone line connected; however, the courthouse media access room will be available….

You dolt!

OF COURSE the public “may” attend hearings in your courtroom; this is not (even remotely) a Homeland Security case. It could scarcely be more important. It is on the front page of every US newspaper (except those run by Murdoch).

These are core First Amendment moments, man.

And, it seems your own insecurities are showing, Judge Nichols — just as they were, when you were tasked with overseeing the indictments of various J6 hooligans. Onward.

नमस्ते