I Am Not Convinced That Kavanaugh Is Becoming A Centrist, But This Is… Encouraging, Just The Same.

Two normally nominally conservative Justices: Kavanaugh (on putative asylee rights of review), and Gorsuch (on “no-fly” lists) have this morning authored definitive opinions siding with a majority of the more liberal Justices, and in the putative asylee case, putting even Roberts, the Chief, in the minority / dissent. Fascinating.

Vox proclaimed (a day ago) that Kavanaugh was “fed up” with the far right’s rhetoric — and while I think that overstates Kavanaugh’s actual leanings, it is correct, directionally. Yesterday that foolish injunction authored by Doughty (out of Louisiana) was excoriated by all nine justices, at oral argument — on First Amendment grounds. It will go down in flames, when the opinion is issued, as we long predicted.

But this morning, in evidence that he is skewing toward the center of the Court, Kavanaugh authored a majority opinion that holds federal courts — and courts of appeal — have jurisdiction to review denials of asylum-status at the administrative (ICE) level. That is a break with more than a decade of the Supremes ducking this issue — every time it was presented — on cert. Here’s a bit of Kavanaugh’s breakthrough:

…When an IJ finds a noncitizen removable for violating the immigration laws, Congress provides several avenues for discretionary relief. Relevant here, an IJ may “cancel removal” of a noncitizen who meets certain statutory criteria. Immigration and Nationality Act, 66 Stat. 163, as added and amended, 8 U. S. C. §§1229b(a)–(b). Cancellation of removal permits a noncitizen to remain in the country lawfully. An IJ deciding a non-citizen’s request for cancellation of removal proceeds in two steps. First, the IJ must decide whether the noncitizen is eligible for cancellation under the relevant statutory criteria. Second, an IJ decides whether to exercise his discretion favorably and grant the noncitizen relief in the particular case.1 A noncitizen bears the burden of proving that he both “satisfies the applicable eligibility requirements” and “merits a favorable exercise of discretion.” §1229a(c)(4)(A).

Congress enumerated certain statutory criteria to govern the first step of an IJ’s cancellation-of-removal determination. For a noncitizen who never received lawful permanent residence (i.e., a green card), those criteria are stringent. He is eligible for cancellation of removal only if he meets four requirements….

Wilkinson was born in Trinidad and Tobago. After police officers beat, robbed, and threatened to kill him in 2003, Wilkinson fled to the United States on a tourist visa. He has remained in this country ever since, beyond the expiration of his visa. In 2013, Wilkinson had a son, M., with his girlfriend Kenyatta Watson. Both M. and Watson are U. S. citizens.

Wilkinson lived in Pennsylvania and worked to support M. and Watson. M. lived with Wilkinson and Watson for the first two years of his life. Then, because Wilkinson could not take care of his son and work at the same time, he and Watson decided M. would have a better quality of life in New Jersey with his mother and her mother. Wilkinson took the train to visit his son every weekend and provided almost half his monthly wages ($1,200 per month) in informal child support. M. suffers from severe asthma, which requires hospital treatment multiple times a year. Wilkinson helped M. with his inhaler and medications and knew his regimen well. Watson suffers from depression and does not work, so she also relies on Wilkinson’s financial and childcare support….

Wilkinson conceded before the IJ that he was removable under §1227(a)(1)(B) for overstaying his tourist visa. He asked for relief from that removal, claiming eligibility for asylum, withholding of removal, and protection under the Convention Against Torture. Relevant here, he also applied for cancellation of removal based on hardship to his U. S.-citizen son, M….

The administrative IJ denied; and the Third Circuit said it had no authority to review that denial, even sitting as a federal appellate court — despite looking squarely at a clear statute from Congress authorizing such review.

Today, Kavanaugh and the liberal wing of the Court called BS on this ducking of judicial review responsibility. Wilkinson’s case (and that of his son, M.) are sent back down, likely to be permanently granted so-called “hardship relief”. M. is a citizen, since he was born here, to a US citizen, Ms. Watson. Now you know. Onward — rather encouraging, but not yet a cause for celebration at the Supremes.

नमस्ते

Trump Has Been Unable To Find A Bond Insurer/Issuer, For The $454 Million He Needs, To Appeal His Fraud Loss In NY State At The Hands Of The Able AG’s Office…

So his lawyers report, into the court, by letter this morning. It seems obvious, that if one claims to be worth many billions, one should not expect that the court will “waive” a bond, on a figure one owes to the people of the State of New York, to appeal.

Trump was found liable, at trial for $454 million (and over $500 million, when interest is added). That is money he owes to the State of New York. His own IOU — as a fraudster — cannot be adequate. So, it is likely he will not appeal — since there is no “right” for fraudsters to escape paying their judgment debts, on time. From The Hill’s reporting, now:

“…Defendants’ ongoing diligent efforts have proven that a bond in the judgment’s full amount is ‘a practical impossibility,’” the lawyers wrote, citing an affidavit signed by an insurance broker who testified for Trump during the trial last year.

Trump’s attorneys claim they have spent “countless hours negotiating with one of the largest insurance companies in the world” and have approached 30 companies to back the bond, efforts they said they were pursuing before the judgment was made.

“The amount of the judgment, with interest, exceeds $464 million, and very few bonding companies will consider a bond of anything approaching that magnitude,” Trump’s lawyers wrote….

Cry me a river.

If you hadn’t defrauded the hard-working taxpayers of New York, you wouldn’t be in these straights. Time to sell Mar-a-Lago? I’d hope so, but he probably cannot close the sale, and raise the cash before next week. He may be… done. [And the court may accept an IOU, but I’d say that looks a lot like the rich get better treatment at law, even after being found liable for a half-billion in frauds. The vast scale of his frauds should not be rewarded, now that he cries… poor.] Grin.

नमस्ते

Tangerine Is Planning On RE-Hiring Paul Manafort, A Formerly Convicted Felon (One Effectively Sentenced To “Life”) — As A Fundraiser, In Milwaukee This Summer?!?

There are some things you can’t even fathom.

Recall that Trump pardoned Paul Manafort (mostly to avoid Manafort’s diming Tangerine himself out, in all of this), who was then on home confinement (due to COVID-19, having been released from prison due to his age and frail immune system), but was still serving a 73 month multi-count felony sentence, for secretly taking money from enemy governments, and money laundering (among other things). Recall that Manafort was deeply implicated in consorting with contacts of Russian spies, during the time when HRC’s internal campaign docs turned up in Russia’s hands.

But as EmptyWheel makes plain this morning, this jamoke (who had previously been sentenced to what amounted to “life“, pre-COVID-19, and was incarcerated for what would be “life“, in all likelihood, given his age) is likely to be rehired by Trump, as he gets the gang back together in Milwaukee, at the GOP Convention this summer.

A convicted felon, running fundraising, for the GOP?

This is not Abe’s party — nor even Tricky Dick’s party. Trump is simply an extended, but inept… criminal enterprise.

A mob operation. Damn.

[U: Full Video Below!] Elon Musk Has (Again) Established That He Only Cares For Free Speech That Flatters… Him.

Admittedly, this is a bit of a tangent… but since my Buffs will ultimately face Marquette, if they can get past Florida, in the big dance… I am going to be swaying off-topic anyway, this week (picking brackets again, against Mr. Obama — assuming he fills some out this week).

The good news is… they are in. The bad news, is that I now have to pick between Marquette, a legit final four team — and my heart: the Buffs (in a round of 32 game). Ah… first world problems, to be sure.

Speaking of which — Elon Musk apparently doesn’t like answering non-fawning questions — and doubly so, if it is a smart-mouth man of color as his uncontrolled interlocutor. Do enlarge and read the entire statement at right. And as soon as the interview is posted in full on YouTube, I will place it below.

Musk should have been smarter than this. Once he agreed to sit, he was never going to prevent its very wide airing. And all he’s done is give Mr. Lemon and even wider, more committed opening audience. One he can no longer monetize, via his X-itter.

Hilarious. Look in, right here — for an update with the video tomorrow evening. Onward.

नमस्ते

So Hayward Cannot Read Polls — And Tangerine Offers “Bloodbath” Comments. Charming.

Well… not surprising, but Trump also thinks Mr. Biden ran against Mr. Obama prior to 2016, and Mr. Biden won. [That’s… because Tangerine’s teleprompter went out in the high winds, at his rally yesterday.]

But the more ominous remarks are worthy of full-quotation, here — per the UK’s Guardian:

…Trump insisted during comments about the auto workers and the car industry, was headed for “a bloodbath” if he was rejected again at the polls in favor of Biden….

“Now, if I don’t get elected, it’s gonna be a bloodbath. That’s going to be the least of it. It’s going to be a bloodbath for the country,” he said, without clarifying what he meant….

[…D]uring his speech, he repeating unsubstantiated claims that foreign countries were “emptying” their prisons and mental institutions into the US. Trump took a familiar swipe at immigrants, calling some of them “animals”.

“I don’t know if you call them people. They’re not people, in my opinion,” he said. “But I’m not allowed to say that because the radical left says that’s a terrible thing to say….” [You just did, you monster.]

[For his part, Mr. Biden offered this last night at the Gridiron dinner:]

“We live in an unprecedented moment in democracy,” Biden said. “An unprecedented moment for history. Democracy and freedom are literally under attack. [Russian president Vladimir] Putin’s on the march in Europe. My predecessor bows down to him and says to him, ‘do whatever the hell you want….’

And… Hayward. Cannot. Read… his own data. Hilarious.

Onward.

More Promising Ebola Replication Research — Montreal, Rutgers And Texas Collab: Using Ubiquitin As Camouflage

A few months ago, we reported on this same Texas team’s discovery that Ebola virus (like HIV) can travel over 200 microns, along nanotubes — to escape antibody defenses, and reprogram new and otherwise healthy human cells to corrupt purposes.

Now, along with Canadian colleagues, and biologists at Rutgers, the team has sussed out that a naturally produced human protein, called ubiquitin, is being used as “camouflage” — for the virus to stealthily take over cells, while evading the white cell hoards of the body’s defense mechanisms.

Here’s the latest, from Phys.org:

…By shedding light on how the virus interacts with a human protein called ubiquitin, the researchers have also identified a potential target for new drugs to prevent the disease.

Published in PLOS Biology, the study involves pharmacologists at Université de Montréal, infectious-disease specialists at Rutgers University, and microbiologists, immunologists and pathologists at the University of Texas Medical Branch (Galveston)….

“Advanced computational modeling by our team here at UdeM predicted the binding interface between a viral protein, VP35, and the ubiquitin chains in human cells, and identified potential chemical compounds that could disrupt this interaction,” he said.

“This discovery not only deepens our understanding of how the virus works, but also offers a promising avenue for the creation of more effective therapies. In particular, it paves the way for the design of drugs capable of disrupting this interaction and slowing down viral replication….”

Now you know. Onward, with a crinkly eyed Irish smile… be excellent to all you meet, today and always.

नमस्ते

The Icelandic Eruptions On Reykjanes Peninsula — Renewed. And Wear Green…

We’ve been tracking this for about six months, and it seems like the Earth is shuddering on St. Patrick’s, so we will mention it again on a quiet Sunday morning here.

Here’s the latest — on the new eruption, via The UK Guardian:

…Emergency teams worked through the night to bolster defensive barriers around the evacuated fishing town of Grindavik as lava from the fourth volcanic eruption on Iceland’s Reykjanes peninsula since December flowed towards it.

After weeks of warnings that semi-molten rock was building up under the ground, the Icelandic Meteorological Office (IMO) said the eruption, at 8.23pm local time (2023 GMT) on Saturday, had opened a nearly three km-long fissure in the earth between two mountains.

Lava was flowing mainly south and south-east at a rate of about one km an hour overnight and could reach the ocean, the IMO said. Defensive dykes and barriers were being reinforced to stop the “significantly wider” lava bed wrecking the main coastal road….

Wild Earth sciences. In addition, another one of those shiny silver 12 foot tall monoliths was spotted last week, in Wales, atop a knoll called Hay Bluff. But it is pretty clearly a clever knock off, so we won’t cover it (ref. 2020 and 2021 coverage). Onward!

In addition, the Buffs are waiting to hear if they’ve made the NCAAs — or if they are relegated to the NIT, after a tough loss to Oregon in the last ever PAC-12 championship game. Sending some mo jo to… Boulder, now! And that’s all the trivia I’ve got for the morning — with a newly-replaced 2021 masthead, from their last March Madness NCAA berth. Grin.

नमस्ते

Musk Did Reach Orbit, But His “Re-Entry” Stage Suffered An Anomaly, As The Main Capsule Reached Orbit.

Still, nice progress. The goal though, is perhaps over a decade off, now. See, the goal is boots on Mars. And for that, this failed stage / booster would need to remain in stable orbit, for an eventual crewed re-entry. Without it, the crew cannot get home.

So yes — this is still several iterations away from any crew headed toward the Red Planet. Here’s the rest, from NASA:

…As part of NASA’s Artemis campaign to return humans to the Moon for the benefit of all, the agency is working with SpaceX to develop the company’s Starship human landing system (HLS), which will land astronauts near the Moon’s South Pole during the Artemis III and Artemis IV missions. On March 14, SpaceX launched the third integrated flight test of its Super Heavy booster and Starship upper stage, an important milestone toward providing NASA with a Starship HLS for its Artemis missions.

A complement of 33 Raptor engines, fueled by super-cooled liquid methane and liquid oxygen, powered the Super Heavy booster with Starship stacked on top, from the company’s Starbase orbital launch pad at 8:25 a.m. CDT. Starship, using six Raptor engines, separated from the Super Heavy booster employing a hot-staging technique to fire the engines before separation at approximately three minutes into the flight, in accordance with the flight plan. This was the third flight test of the integrated Super Heavy-Starship system….

“Storing and transferring cryogenic propellant in orbit has never been attempted on this scale before,” said Jeremy Kenny, project manager, NASA’s Cryogenic Fluid Management Portfolio at Marshall. “But this is a game-changing technology that must be developed and matured for science and exploration missions at the Moon, Mars, and those that will venture even deeper into our solar system.”

Under NASA’s Artemis campaign, the agency will land the first woman, first person of color, and its first international partner astronaut on the lunar surface and prepare for human expeditions to Mars….

Onward — life is a… journey — not a destination. Onward to St. Patrick’s… on this journey… smile.

नमस्ते

[U] Rigby Maguire Nails Ann Coulter — For Churlishly-Claiming A “Ouija Board” Libeled Her… Paul Mirengoff Chimed In, Ignorantly.

From the very cogent keyboard of one Rigby Maguire, then:

I had to comment on Paul’s post this week, credulously passing along Ann Coulter’s ridiculous assertion that the Gemini AI had defamed her.

First of all, AI is not a research tool. It’s incapable of doing any research or looking up facts. It’s a language predictor, essentially a souped-up version of your chat app’s predictive text function. There’s no liberal conspiracy, and to say an AI is making up “lies” about you is like saying a Ouija board is making up lies (Ed. note: flawless analogy!). It demonstrates a fundamental misunderstanding of what AI is. Or it’s blatant hucksterism.

(In this case, I think “misunderstanding” describes Paul’s post, and “hucksterism” describes Anne’s.)

All of that said, Coulter complains (and Paul repeats) that the AI provided four areas of criticism of Coulter’s writing:

(1) “generalizations and stereotypes,” (2) “inflammatory rhetoric,” (3) “misinformation,” and (4) “normalization of harmful discourse.”

I don’t see how anybody could reasonably argue that this isn’t true, but both Coulter and Paul lament that the AI was unable to come up with a single specific examples of the above criticisms of Coulter’s rhetoric (even though that’s not AI’s purpose or function), and that the examples it did eventually come up with were false — in other words, the AI was functioning exactly as expected. I suspect the AI could come up with made-up quotes from Lincoln, Gandhi, and my imaginary friend, Mr. Sparkles. Coulter knows this. (Admittedly, Paul may not.)

And, of course, it’s laughably easy to come up with actual Coulter quotes that engage in generalizations and stereotypes, inflammatory rhetoric, misinformation, and normalization of harmful discourse.

For example:

When you bring [immigrants] here, you bring those cultures here. That includes honor killings, it includes uncles raping their nieces, it includes dumping litter all over, it includes not paying your taxes, it includes paying bribes to government officials. That isn’t our culture.

and:

But unfortunately for liberals, there is no racism in America. There is more cholera in America than there is racism. But they have to invent it.

and:

I don’t really like to think of [abortion provider George Tiller’s murder] as a murder. It was terminating Tiller in the 203rd trimester.

and:

No doctors who went to an American medical school will be accepting Obamacare.

And on and on and on. Obviously. [Ed. note — updated here, on 08.22.2024, with the latest excrement, from Ann Coulter’s keyboard, at right. Sheesh. That’s not… AI, either.]

Even if he doesn’t fully understand AI, t’s impossible to believe that Paul doesn’t know this about Coulter. Being willing to carry her rancid water for her makes Paul look like a buffoon.

I usually don’t engage over there, but I actually tried to comment on Paul’s post, but comments are restricted to paid subscribers.

Of course they are.

Anyway, sorry for the long, off-topic comment. I just had to get that off my chest.

Well said, my friend — well said.

Hinderaker… Silent — Now That Both Michigan Parents Have Been Convicted, In Their Son’s 9 mm 2021 Middle School Killing Spree.

Here below was my original item. I reprint it, because initially, Hinderaker had said it was “egregiously wrong” to charge the parents of the public Oxford Middle School / High School (in Oakland County, MI), citing his good NRA/gun nut buddies. But as more and more of the evidence became public, John shut up.

But he never once apologized for being 100% in the wrong. Not even after the pair foolishly tried to sneak off to Canada overland, out of Detroit — to avoid being arraigned on these very same charges — the ones they are both guilty on.

They are both going to do multiple decades in prison — as is the now nearly 18 year old shooter. It seems the parents were more focused on keeping their show horses in top condition, while ignoring a deeply disturbed son — and then buying the then 15 year old a powerfully deadly 9mm Sig-Sauer pistol — and not even bothering to lock it up when not under face to face adult supervision (as required by Michigan law). So… here we go:

Original dateline December 2021:

This may be slightly controversial, but in my opinion, it is entirely appropriate to charge these parents with involuntary manslaughter. [In my estimation, it is only “controversial” because we have (collectively) so rarely enforced these laws, as written — against parents. But today, that changes.]

Despite what will ultimately be impotent, and irrational howling from the far-right, and the gun lobby (but I repeat myself) — this may be the only way to stem school shootings by students: start holding their parents accountable, at least in cases of gross negligence / willful indifference, and in cases where local gun safety laws were plainly ignored, by these same parents. Here’s the latest:

…Prosecutors in Michigan took a rare step on Friday by filing involuntary manslaughter charges against the parents of the 15-year-old accused of fatally shooting four students in the halls of Oxford High School, according to court documents.

The office of Karen D. McDonald, the prosecutor in Oakland County, filed four charges of involuntary manslaughter against James and Jennifer Crumbley, one for each of the students killed.

Law enforcement authorities say that Mr. Crumbley legally bought the 9-millimeter Sig Sauer handgun four days before his son used it to carry out the country’s deadliest school shooting this year. Hours before the attack, he and his wife met with school officials who were concerned about their son’s behavior.

It is unclear how their son, Ethan, obtained the handgun and brought it to school. But law enforcement authorities say he walked out of a school bathroom on Tuesday afternoon armed with the semiautomatic pistol and three 15-round magazines….

The state law in Michigan required that weapon to be locked separately from any ammo, and the keys to be kept away from any minor, unless directly being supervised by an adult. See, Mich. Comp. Laws Serv. § 750.235a*. It would seem clear that law was broken, as the father only purchased the gun a week earlier. And the son had it in school, when called to a counselling meeting with his parents at the school the morning of the killings. This senseless killing must end. We must end it.

And if ultimately jailing parents… who ignore the law (for up to fifteen years) is required to do that, then so be it. Onward.

नमस्ते

~~~~~~~~~~~~~~~~~~~~

* Michigan also penalizes any person who, because of carelessness, recklessness or negligence… causes or allows any firearm under his or her immediate control to be discharged and kill or injure another person. Mich. Comp. Laws Serv. § 752.861.

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UPDATE @ 9:30 PM EST — And later this evening, there is a dispute about whether they are — or are not — felony fugitives from justice. Are they on the lam, or were they hiding for their own safety? Honestly. I. Don’t. Care.

You see — how this works is. . . when you are charged with felonies, law enforcement is free to come arrest you immediately, wherever they find you. The claim by their counsel is that they agreed to come in and be arraigned — if charged, and in return the DA would let them self-surrender. But the charges were announced. . . and poof!

As several hours passed, the defense lawyers admitted the couple was not replying to texts to come in, and surrender.

So the US Marshals and local police are conducting a fugitive hunt, as I type this, tonight. But their counsel says they will return to the area and come in voluntarily. It is likely too late for that, now. If they are found, on the road, they WILL be immediately arrested. There is a state wide alert out, for their black 2021 Kia Seltos SUV with the Michigan license plate number DQG 5203.

No, this is not like popping over to the precinct, “for tea”. . . they were overdue by this afternoon.

And so, a “slow white Bronco chase” may yet ensue. That is, wherever they are spotted, the arm of the law may catch up with them over the weekend — and in general, that will mean they will sit in the tank — until at least Monday midday arraignment.

It is also unlikely that the judge before whom they will ultimately appear to be arraigned will give them any credit, for any form of reasonably low bail — since s/he will not be inclined to believe the “we WERE on our way over for some tea, but got distracted” story.

Here’s the latest — but how clueless (as parents) do you have to be, to think it’s okay to go silent with a 15 year old son ALREADY charged as an adult — on four premeditated murder counts, and one terrorism count?

These two are. . . now in very deep. And deeper, by the minute — ever since they missed the Friday afternoon closing time, at the criminal court building in Oakland, Michigan — due to their own bad choices.

Namaste. . . so sad. And so. . . strange.

FINAL UPDATE — 2:45 AM Central: At about 2 AM EST, the Crumbleys’ black SUV was spotted on Detroit’s East Side. Within 20 minutes, the Crumbleys themselves were taken into custody — without incident, by US Marshals and Detroit’s finest.

Now. . . I can sleep.