In Which It Becomes Clear: Scott Johnson… Has Read NOTHING, In The NCNP v. OMB Federal Suit…

Y A W N.

Well. Scant surprise, here — Scott Johnson pops off about some BS — stuff he made up, of whole cloth — comparing this to “communism” (WTH, man?!).

Again. He’s burping up nonsense — as to which he’s not even bothered to open and read the relevant pleadings. They are public record federal filings, man.

Open with just a modicum of intellectual curiosity, if you feel like you need to be barking at the moon, for Pete’s sake. [Or yelling at the kids to “get off your lawn!“, more appropriately.]

Scott’s take is that the able USDC Judge in DC mis-applied the federal law. Quite the opposite. She’s preserved the status quo ante, until next Friday’s hearing on a TRO.

Scott quotes the factors for a TRO — but they were not in play yesterday. Yesterday was about the undisputed fact that the MAGA US agents cannot promulgate secret “laws” — or rules — not without publishing the final text of an actual rule, in the Federal Register and allowing a 90 day notice and comment period, at a minimum — ever since 2014.

Scott should support that — it is good for business. And it was (and is) the law that Mr. Obama, Tangerine 1.0 and Mr. Biden lived with.

Tangerine 2.0 is all about useless chaos at the moment. Yawn. We won’t be moved — or lulled into apathetic acceptance of his lawlessness.

About 98% of the executive orders I’ve read from him (just so far) suffer from fundamental legal defects — mostly, they exceed any lawful authority he might ever possess, without all new Acts, from the Congress (and then, and only then, signed by a president).

So Scott, you ought to just… sit this one out.

Let the adults who can and will read… sort this out.

Tangerine will see a nationwide TRO against his lawlessness, come next Friday. Bank on it.

Out.

[U: Freeze, Enjoined! Woot!] NYT Reporting: Tangerine 2.0 Has FAILED To Freeze… All Medicaid Payments To The States.

Update: A federal district court just paused Tangerine 2.0’s silly, dangerous freeze order. Exactly!

I’ll have more later this evening, and but this first graphic is from 2016-17 state level attempts at it — [new one now baked, below!]….

I’m stuck in a meeting — this is deplorable:

…States Say Medicaid Payments Pause as White House Defends Funding Freeze….

President Trump’s order freezing trillions of dollars in federal grants and loans seeks to eliminate all spending on programs that violate his partisan ideology….

This is an attempt to use chaos — to numb everyone out. I’ll resist. He has zero power to impound or sequester prior Congressionally mandated funds flows — ones the states have accepted, and relied upon.

Period.

Full stop. The border wall cases in the Ninth Cir. established that, in the 1.0 version of this lunacy.

Here’s the complaint — from the National Council of Nonprofits — upon which the able USDC Judge in DC just granted a TRO — against Tangerine’s “non-published (and thus, loony!) secret orders“:

…Just yesterday evening, reports surfaced that the Acting Director of the Office of Management and Budget issued a memorandum entitled “Temporary Pause of Agency Grant, Loan, and Other Financial Assistance Programs.” Memo M-25-13 (hereinafter “the Memo”). The Memo purports to require every federal agency to temporarily pause “all activities related to obligation or disbursement of all Federal financial assistance, and other relevant agency activities that may be implicated by [President Trump’s] executive orders, including, but not limited to, financial assistance for foreign aid, nongovernmental organizations, DEI, woke gender ideology, and the green new deal” — effective today at 5:00 p.m. Memo M-25-13 at 2. In practice, the Memo purports to eradicate essentially all federal grant programs. Acting Director Vaeth’s only stated basis for doing so is his belief that “[f]inancial assistance should be dedicated to advancing Administration priorities,” and that “[t]he use of Federal resources to advance Marxist equity, transgenderism, and green new deal social engineering policies is a waste of taxpayer dollars that does not improve the day-to-day lives of those we serve. . . .”

This Memo — made public only through journalists’ reporting, with barely twenty-four hours’ notice, devoid of any legal basis or even the barest rationale — will have a devastating impact on hundreds of thousands of grant recipients who depend on the inflow of grant money (money already obligated and already awarded) to fulfill their missions, pay their employees, pay their rent—and, indeed, improve the day-to-day lives of the many people they work so hard to serve….

Although the Trump Administration is at liberty to “advanc[e] [its] priorities,” it must do so within the confines of the law. It has not. The Memo fails to explain the source of OMB’s purported legal authority to gut every grant program in the federal government; it fails to consider the reliance interest of the many grant recipients, including those to whom money had already been promised; and it announces a policy of targeting grant recipients based in part on those recipients’ First Amendment rights and with no bearing on the recipients’ eligibility to receive federal funds.

Given the few hours that remain before federal grantees are thrown into disarray, Plaintiffs file this Complaint and seek a temporary restraining order to maintain the status quo until the Court has an opportunity to more fully consider the illegality of OMB’s actions….

[Previously,] OMB published in 2013 a notice of proposed rulemaking to revise and streamline guidance related to federal financial assistance. In 2014, it published what is now known as the OMB Guidance for Federal Financial Assistance (“OMB Guidance” or “Guidance”) at title 2 of the Code of Federal Regulations (“CFR”). 79 Fed. Reg. 75867. The Guidance specifically requires federal agencies to “implement” the Guidance “in codified regulations unless different provisions are required by Federal statute or are approved by OMB.” 2 C.F.R. § 200.106. [Ed. Note: None of this was done, by Team Tangerine 2.0. Game over.]

The Memo marks the consummation of OMB’s decision-making process because it announces the agency’s decision to immediately suspend the obligation or disbursement of all federal financial assistance. The Memo is an action by which rights or obligations have been determined or from which legal consequences will flow because it purports to stop lawfully authorized obligations and disbursements that would be paid pursuant to valid federal grants….

The man is a straight up malignant… loon. And a wanna-be dictator. Not on my watch — NoSireeBob! Here’s the order, as entered. Next hearing will be February 3, 2025, at 11 AM, in DC… Grin.

नमस्ते

Mirengoff Equates Tangerine 2.0… With Michael Corleone, In Godfather Part 2.0?!

This is fundamentally… sad.

A once-learned, if reactionary- man… thinks it cute — and / or glibly humorous to draw an approving line — from a 50 year old film mob boss — directly, to the jamoke sitting at 1600 Penn.

This sh!thole Tangerine, and guys like Mirengoff (in applauding him, and egging him on) are shoving our nation down into — as a moral matter… is simply… jaw-slacking.

But whatever, Paul — you own the Corleone “murderer of prostitutes” (now called sex workers), yourself.

You just said so.

What a… demented, malign pair of losers — you both are.

Out.

In The “If Trump Said It — It’s Probably NOT True…” Dept.: MSFT & TikTok?!

So — this is to be taken with a truckload of salt. Yesterday, Tangerine 2.0 said that Microsoft was “in talks” to buy TikTok. Sure.

That’s just so… 2020-21.

Back in the Tangerine 1.0 version, Trump had claimed he was pushing a deal between the two companies, not long after he’d signed an executive order himself, to BAN BOTH TikTok, and WeChat.

While it is still possible that Nadella might see value in adding TikTok to the stodgy Microsoft fold of products and services… I’d be more inclined to trust what Nadella himself said after the last Trumpian / TikTok set of false starts / flim-flams. Here’s that, from Reuters overnight:

…Microsoft emerged as a top bidder in 2020, but the talks soon collapsed, and Trump’s divestment push ended a few months later when he left office.

Microsoft CEO Satya Nadella called that deal the “strangest thing I’ve ever worked on.” The U.S. government had a “particular set of requirements and then it just disappeared,” he said in 2021….

Yep. That sounds about right.

So… this present rumor-mongering sounds (to me) a lot more like Tangerine just trying to stir the pot/find other bidders… and to seem… relevant.

H I L A R I O U S.

Onward. I still think it might be… Amazon — or Oracle.

It Was A Clear Morning, Exactly 39 Years Ago, As I Flew Out Of Miami… Headed To The Outer Abacos, On A Small Twin Prop…

And… I think I was largely unaware that NASA’s shuttle program was launching Challenger, again — that morning (the launches were becoming more or less routine)… we were shocked, mid-air, to look backward, out toward Florida — from about 300 miles down-range… and see a horrifying but crystal clear plume of white smoke, at about 46,000 feet, overhead.

All the lil’ puddle-hopper pilot could muster… was “that doesn’t look… good.”

He was certainly right. When we landed at a small airstrip, an hour or so later, to board the sailboat — for the Outer Abacos, we saw on network TV there in the airstrip offices… that all seven shuttle astronauts were dead.

That was a very somber way… to start a long awaited break from big law, on the high tropical seas, indeed. [Next year — I will post in great detail, on the fortieth year, since that tragic day.] Yet and still, we all must move forward, even against longish odds — on all science fronts. Especially… now. This too, is a time of… chaos.

But it is chaos, of a different kind, to be sure, this time — entirely man made. Onward.

नमस्ते

As The First Jury Trial — On Merck’s HPV Vaccine Suits — Is Underway… Kennedy Jr. Is Likely To Be Paid Millions, In Additional Legal Fees — To Have Downed The Safety Of Gardasil…

This jamoke is going to lead health care policy, in the USA!?

C’mon, man — this is just ridiculous. He cannot be confirmed. His conflicts of interest alone — to say nothing of his woeful ignorance of actual human health science — should be disqualifying. Here’s ABC News from last week, on him:

…According to financial disclosure documents released last week, Kennedy’s primary source of income in the past year were large sums of referral fees from multiple law firms, including Baum’s office, whose civil lawsuit against Merck’s Gardasil vaccine went to trial in Los Angeles County Superior Court last week….

Kennedy’s leading role in building a case against Merck is now raising questions about how he might wield his power as the nation’s next health secretary — a job intended as an impartial overseer in public health — while in line for potential payouts from a major pharmaceutical company….

“Even worse, if he is confirmed, his finances will still be tied to the outcomes of anti-vaccine lawsuits — even as he’d be tasked with regulating them as health secretary.

These are outrageous conflicts of interest that endanger public health,” Warren said in a statement provided to reporters….

A bit of disclosure, here: while we (back in 2009-2012) felt it should be up to parents of very young girls (under age 13) to decide for themselves about whether to vaccinate for HPV before age 16, we think it wise for all 16 year olds (and over) to be vaccinated. [At the time, Florida and Texas were trying to mandate by state law, that 13 year olds be forced to get the vaccine, even if they were not at all sexually active.] Times have changed, indeed.

Gardasil has repeatedly been shown in dozens of studies — in the ensuing decade plus, to be both safe — and effective, against some strains of HPV (which is more than occasionally a precursor to cervical cancers, in women). The Kennedy profiteering off of fear — is thus… deplorable.

नमस्ते

It Is No Exaggeration To Suggest That Marburg, Ebola Or Some Other Viral Dread May Slip Into The US Unnoticed — During Tangerine 2.0’s “Hiatus Period”.

We have mentioned that CDC and NIH are presently forbidden from offering new grants (or renewing existing ones), and may not travel, to discuss science matters — at all, likely until well into February.

Even though this is someone with family (by marriage) connections to the outgoing Biden Administration, she is a well-respected medical doctor, and she is absolutely correct that these idiotic, mostly “show-boating” moves, by Tangerine 2.0 — are endangering US citizens’ very lives. Here’s the conservative UK Daily Mail, on it all:

…Dr Psaki continued: ‘As I’ve watched the Trump administration announce a series of actions that undermine our ability to detect and respond to biological threats… I wonder: Who is protecting the American people from Marburg right now?….’

Dr Psaki said: ‘The Marburg outbreak has continued to evolve since the transition last week, but we have little visibility into what is happening.

‘Scientific experts across the US government have lost access to many of the tools they would normally use to protect Americans.’

The WHO warned her team of the Marburg outbreak in Tanzania on January 11, citing ‘reliable reports from in-country sources’ and said [Ed. Nota bene] now nine six people had been sickened, eight five of whom had died.

By the morning after, her team had conducted a risk assessment — which found the risk was significant….

[It is chaotically unclear whether Tangerine can “impound” funds Congress has already directed be spent. In his attempt to “impound and redirect” funds Congress said could NOT be used for his wall, last time around… the federal courts ruled he couldn’t seize other military funds.] And all of this, before Tangerine ordered the US to “withdraw” from WHO — whatever his addled lil’ pea-brain might think that would mean. It is a certainty — he is putting American lives at risk, all for his Kabuki theatre antics.

Of course, much of what we do in being involved with WHO, is to try to help be “our brothers’ and sisters’ keepers…” but it cannot escape notice — that this effort benefits ordinary Americans, with travel warnings, etc., if nothing else. Damn.

Disgusting, he is.

नमस्ते

Federal Motion For Prelim. Injunction; Additional Deadlines, In Tangerine 2.0’s Complete LOSS On “Birthright” Matter…

It really is all over, except for the shouting, now. Tangerine 2.0 has absolutely been bounced out of court.

The motion will be is now linked here — as it was not due until after 7 PM Pacific Time tonight, in the Western District of Washington.

Until then, here are those just published, and ordered… deadlines:

…The Citizenship Stripping Order deprives children born in the Plaintiff States of a foundational right enabling full participation in our democracy, as citizens may exercise their fundamental right to vote in federal, state, or local elections. U.S. Const. amend. XVI; ECF No. 1957 (citing state constitutions). They may serve on federal and state juries. 28 U.S.C. § 1865(b)(1); ECF No. 1 158 (citing state statutes). They may become the President, Vice President, or a member of Congress, and hold offices in the Plaintiff States. U.S. Const. art. II, § 1; U.S. Const. art I, §$ 2-3; ECF No. 1 4 61 (citing state laws). Children subject to the Citizenship Stripping Order will be denied each of these rights and benefits they would have had if they were born earlier.

The vast majority of those subject to the Order will be condemned to the additional harm of living with undocumented legal status. Most of the babies denied citizenship will be left with no legal immigration status and no prospects for legalization. Oskouian Decl. 11 5-10. Children left without legal status “will be at immediate risk of removal from the United States,” including “being at risk of being arrested and detained” during removal proceedings. Others will likely become stateless, “left in legal limbo” with “no home country to return to voluntarily or otherwise.” Baluarte Decl. 49 8-15. Statelessness would assign these children “a fate of ever-increasing fear and distress.” Trop v. Dulles, 356 U.S. 86, 102 (1958)…

In light of the temporary relief already provided to the Plaintiff States, see C25-0127-JCC, Dkt. No. 43, and the pendency of a preliminary injunction hearing, scheduled for February 6, 2025, see C25-0127-JCC, Dkt. No. 44, the Court sets the following supplemental deadlines:

▲ The Individual Plaintiffs may supplement the Plaintiff States’ anticipated motion for a preliminary injunction, no later than January 29, 2025.

▲ The Individual Plaintiffs may file a supplemental reply to the Government’s anticipated response (due January 31, 2025) on or before February 4, 2025.

▲ The Individual Plaintiffs shall appear at the preliminary injunction hearing set for 10:00 a.m. on February 6, 2025.

▲ The Plaintiff States and the Individual Plaintiffs are ORDERED to file a consolidated complaint no later than February 10, 2025.

DATED this 27th day of January 2025…

Now you know. Onward.

नमस्ते

So… The Flinn Plaintiffs’ Lawyers Think The City’s “Lack Of Standing” Argument… “Failed”?! That Will Be News, To The Judge Handling The Case In Chicago…

Well — I will only link this morning’s nonsense — but not quote it, from Ms. Svenson, et al.. And I do so, solely to maintain a complete record.

In the course of arguing that they were “put upon” — by having to read emails and texts — and listen to voicemail — over the ’25 King Holiday weekend… the lawyers for the drummed-up plaintiffs seem to forget that the city’s motion to dismiss has been on file for a full SIX four months, now.

Similarly, they seem to forget that they still have not provided the actual residential addresses of the purported plaintiffs — at any time in the last four years.

Being a resident of this city. . . is a prerequisite to filing for reparations, per the city council’s own undisputed moving papers.

Long ago, the plaintiffs’ lawyers filed what was only a draft, of the city’s application papers — upon which they stake their claims. [The “Draft” stamp appears on every page, as an underlay, BTW.] Tellingly, the plaintiffs have never responded to the city’s clear and concise allegation — that none of these people live in or pay real estate taxes in the city.

Frankly, the time when one could complain — as a litigator, in federal court — about having to read an email over the weekend… has long past. And I firmly believe the able USDC Judge in Chicago will say so. He is due to rule on the fact that these plaintiffs have never established standing by residence… under the city’s well-pled dismissal motion.

Finally — for the plaintiffs to say a motion has “failed” simply because the judge hasn’t yet ruled… is deeply misleading. This too, the able judge is likely to address — in his forthcoming ruling. [The fact that the able and busy judge has yet to rule on this motion, all while the plaintiffs have been left out in the cold, literally and figuratively, for almost a year — should be ample hint to these jokers… that their claims are at best… specious.] Onward, grinning.

नमस्ते

Now Seen In Ten States; 67 Patients: US ‘25 Bird (H5N1) Flu Updates.

Collectively, we need to pay better attention to emerging bioscience mutations, in public health.

And sadly, Tangerine 2.0 cannot comprehend the lessons he should have learned as 1.0 (from COVID). He’s decided to stop NIH communications and travel expenditures, among other matters. Insane.

Per the NYT life sciences reporting team, overnight:

…An [H5N1] pandemic is not inevitable even now, more than a dozen experts said in interviews. But a series of developments over the past few weeks indicates that the possibility is no longer remote.

Toothless guidelines, inadequate testing and long delays in releasing data — echoes of the missteps during the Covid-19 pandemic — have squandered opportunities for containing the outbreak, the experts said.

In one example emblematic of the disarray, a few dairy herds in Idaho that were infected in the spring displayed mild symptoms for a second time in the late fall, The New York Times has learned. In mid-January, the Department of Agriculture said that no new infections in Idaho herds had been identified since October. But state officials publicly discussed milder cases in November….

Much of a like nature… occurred just a decade ago, now. [Twelve straight? Rapid fire?! Amazing!] Smile!

नमस्ते