Update, And New Post — Epilogue, On Why PhRMA Won’t Join The Merck Suit Against CMS And HHS…

Updated — 06.10.2023 @ Noon: Here about five days later, the US Chamber of Commerce has said it will also bring an offensive suit, on the same general allegations, as Merck’s of early last week. No surprise there — that a dyed in the wool pro-capitalism organization would do so. [The notion here is that when it comes to millions of seniors having to choose between eating — and affording their monthly meds… well, that is a deeply deplorable set of circumstances in any post-industrial society.] No… what is interesting… is who is NOT filing suit:

What is interesting about that is that PhRMA, the trade group for pharma companies. . . has remained silent about a suit. Of course, PhRMA has published white papers, and so on — but will not sue the feds on this. Mr. Davis should think — and think, deeply — about why that is so… and ask whether he really thinks this suit serves his shareholders’ interests, long term (or just his own egotistical ones).

I don’t want to overstate this, but as one of my earlier ones last week indicated, on the Merck suit… the surprise there is that, given how many good lawyers Mr. Davis has at his disposal… he decided to follow his own counsel, rather than… theirs.

PhRMA’s decision not to officially join, in the sprawling federal litigation battle… is solid proof of that (by omission).

Onward, grinning. The Tangerine perp walk will dominate Tuesday… and we will be smiling the whole day. As I say, onward — there are very likely still more indictments to come, here — from the DC federal grand jury, as well.

नमस्ते

Elizabeth Stauffer: Serial Fabulist; Idiot At Rhetoric — And Mental Midget.

Let us not waste a lot of time on hers, this morning.

The comparison (in hers) of fish and bicycles… is too laughable for even a few paragraphs’ worth of prose. She’s — as at right — a whole clown.

She preposterously would tell us (even if we stipulate that Hunter was a drug involved, troubled man) that his legal tangles, on a few investigative reports (never even sent to a grand jury while Tangerine was in office, BTW) are equal in gravity to the former preznit hisself being now a twice indicted on felonies (for a grand total of 74 counts) twice-arrested criminal defendant.

She would tell us not to be concerned that testimony from his own lawyers that he tried to destroy Top Secret battle plan evidence, to keep it from being seen by FBI agents with a warrant and a subpoena — and that at least one Top Secret document he brags on tape about having and showing (potentially) to Saudi nationals, an Iraq attack plan — is now vanished. Is gone.

The logical inference is that it was sold or bartered to the Saudis — perhaps even as part of that crazy golf at his clubs deal.

This is the current runaway front-runner to be the GOP’s 2024 nominee. But Bitsy wants us to worry more about a guy who has never held any office at any level, selling some art in DC galleries a decade ago.

Okay, hun — good luck with all that.

At least Scott Johnson dresses his equally puddin’-headed suppositions / farce theses up… in some jaunty Roman garb. That at least offers some comical antiquities relief.

Try harder, Bets’.

Out.

Paul Wrote His Today BEFORE The Speaking Indictment Dropped…

Even so, this is a rather churlish take.

I will wait to see if he amends his thinking by Saturday afternoon, once he’s read the 44 pager.

The exchanges where Trump is openly soliciting lawyers and aids to commit felonies for him, and committing the same himself — 37 times, in several cases with respect to documents that are top secret war plans… simply cannot be overstated, as to the gravity of that… it is damn near… espionage, by a former preznit.

This is not a close call.

He. Must. Be. Jailed.

And for a decade to a decade and a half. Yes that is a life sentence.

Wake up,Paul: as I said, Watergate was just a frat prank by comparison.

[U] Nope. Not Seven — But THIRTY-SEVEN FELONY Counts.

I had planned to wait until he was perp walked to say much more, figuring the buzz of it all would be enough.

And it certainly is. But I feel compelled to write, and link to the full 44 page speaking indictment now that it is unsealed.

I do so. . . because the wanton criminality — already documented by Trump’s OWN lawyers in the indictment (who’ve since resigned) makes what Nixon had on tape (and had his secretary erase). . . look like a game of paddy-cake. And to be sure, there will be more indictments — in DC, on the Top Secret documents stolen, and flown to Bedminster — never to be seen again.

This brazen, ongoing, constant criminality… is breath-taking, even factoring in that we all knew Trump has been dishonest at the core, his whole life long. Two lawyers have now confirmed under oath that Trump encouraged them to destroy Top Secret documents that were, in a few days, to be delivered to the lawyers from the government, under a subpoena — “if they found anything really bad”. This is… utterly gob-smacking:

…After Trump Attorney 1 finished sealing the Redweld folder containing the documents with classification markings that he had found inside Trump’s boxes, Nauta took Trump Attorney 1 to the dining room in the Mar-a-Lago club, to meet with Trump after Trump Attorney 1 confirmed that he had finished with his search of the storage room….

Trump asked, “Did you find anything? Is it bad?….” Trump Attorney 1 then discussed what to do with the Redweld folder, and whether Trump Attorney 1 should bring them to his hotel room and put them in a safe there….

During the conversation Trump made a plucking motion as memorialized by Trump Attorney 1, he made a funny motion as though “Well, okay why don’t you just take them to your hotel room and then if there’s anything really bad in there like you know, pluck them out” and that was the motion that he made though he didn’t say that….

This goes on for about twenty paragraphs, out of his own lawyers’ mouths, under oath. And numerous documents bearing Classification markings were found, loose, on the floor in a closet — spilled over, out of their folders. Finally, the Gen. Milley war plan document is… according to Trump’s own lawyers… G O N E. Missing.

Only a moron would think Trump didn’t either sell it, steal it, gift it or destroy it… at some point. Those were Top Secret US battle plans. The break-in at the Watergate Hotel was a Toga Party by comparison. Damn. Damn. Damn.

नमस्ते

The European Space Agency’s Euclid Mission: An Update…

While we await a more detailed list of felonies, and the Tuesday arraignment in Miami, I thought we’d talk a little bit about why space programs, in the main, are so often successful (in contrast to the mode of operation Tangerine as followed his entire life).

They are so often successful because they chase down and follow every detail, trouble-shooting all issues — in any number of pre-planning sessions and simulations, either via software, or actual mechanical mockups. And there is always a second team of very capable scientists, duplicating the work of the original team, and pressure testing, and error checking it.

This process for the Euclid mission — which is launching to look for discoveries in dark matter, in the deep interstellar Universe — is now identifying issues that might arise with not just one, but two sets of redundant thrusters. Here’s that story:

…Currently about halfway through the Euclid simulations campaign, the key focus in the Main Control Room is the Launch and Early Orbit Phase (LEOP) and spacecraft commissioning.

These are the two most critical moments in a mission’s life; as it wakes up after the rigours of launch, makes its first manoeuvres towards its target destination and as its instruments are commissioned….

[The team] broke not just one, but two sets of thrusters on the Euclid spacecraft simulator. It was up to the Flight Control and Flight Dynamics Teams to decide which they could and should use.

“All of a sudden, a suspected mechanical failure meant one of Euclid’s attitude thrusters was stuck shut, producing no force at all, forcing us to use the backup set of thrusters. But then, the orbit control thrusters, part of that backup set, began behaving strangely, one overperforming by 10% and the other underperforming by the same amount,” recalls Tiago Loureiro, Euclid Flight Operations Director….

It would be unlucky for something like this to happen for real, but it’s certainly not impossible. Whether it’s Euclid’s thrusters, solar arrays or any number of other critical spacecraft components, the teams’ ability to keep cool yet decisive in the midst of a serious problem, to know who to call in and rely on at what time, will be vital for mission success….

Euclid’s exceptionally sensitive 1.2-metre telescope will capture light that is ten billion years old, originating from the early Universe and only now reaching us. In doing this, it will shed light on a simple question for which we still don’t have an answer: what is the Universe made of? Amazingly, this is today a cosmic mystery….

Welp. Now you know — this is the way we (as responsible scientists) avoid ending up as a grotesque tragic-comic mess (a la Tangerine). We science the sh!t outta’ stuff. Grin. Have a great weekend!

नमस्ते

Seven Felony Counts, Just To Start?! Hilarious.

More soon.

Nah. Never mind. Let’s just leave it like this:

This is… certainly his… comeuppance.

And sure, Hinderaker — he’s sure a “serious” president criminal.

…He’s the first former commander in chief to ever face federal felony charges, from a grand jury….

He certainly had it comin’… and Aileen Cannon is initially assigned to the proceedings, since it is “related” to the documents cases. My bet is that she will seek to redeem herself, and show she understands that espionage is not a good look, on a preznit. But we shall see.

[Here on June 9, 2023, Hinderaker’s still ongoing suggestion (despite a stream of very damaging recordings in Tangerine’s own voice, and now a bevy of resigning lawyers, likely to avoid being charged themselves as accessories) that “this is an inconsequential political witch hunt“… is simply preposterous. But, thankfully… Hinderaker, and his bleatings, no longer matter. At all.]

नमस्ते

Hayward, Like Stauffer… Seems To Think… WISHING Will Make The GOP’s Death Knell Fall Silent. Heh.

But Steve and Bits… the dying will… go on.

Your pie-in-the-sky “wishing”, about small distractions on the left… won’t ever save the sinking ship called GOP Titanic.

Yep, that was a Tangerine iceberg — and you all positively steered into it for four long years.

Do have fun re-arranging the deckchairs — in the clear still frigid night air — do so… all you like, as you go down by the head, just the same.

Unlike Hinderaker, At Least Paul Mirengoff Understands How Feloniously Outrageous Trump’s “Stolen Top Secret Documents” Lies And Cover-Ups Are…

Late last night, we poked fun at John Hinderaker’s inability… or unwillingness… to read the newspapers, to stay abreast of what it is that Trump has clearly been shown to have done.

John labeled it all as “non-serious.”

Espionage, as Mr. Mirengoff this morning concedes… is extremely serious. Here is the mild way in which Paul sets out what will amount to a charge of espioage — in its essential gravamen:

…What [Trump’s overnight rant, in all caps — and replete with grammatical and spelling errors!] ignores is that in the instances Trump cites, neither Joe Biden, Bill Clinton, nor Hillary Clinton defied a subpoena — much less lied to their lawyers about the whereabouts of subpoenaed documents or shifted documents from room-to-room to evade production.

Reports suggest that Trump did all of these things (or had them done on his behalf). If the reports are true, then Trump likely obstructed justice and the misconduct Trump cites by others has little or no relevance to the case against him….

As I say, that’s a very mild telling of it all — but Paul clearly agrees Mr. Smith has his man. And will indict him, for matters involving endangering National Security.

But we all know — the punchline here — Trump will run third party from jail, if it comes to that.

That — with the Alabama Voting Rights Act case from the Supremes this morning… is the death of the GOP — for at least a decade, at 1600 Penn.

No matter whom is the nominee / candidate on the Democratic side. Sorry Johnny.

[U] Breaking — Voting Rights: Supremes Rule 5-4 That Alabama GOP Cannot Intentionally Gerry-Mander Lines To Dilute Black Voting Power…

This should send a shudder through the hard right GOP forces attempting similar moves across the South.

The full 113 page opinion is here, from the emergency / shadow docket — and a bit:

…In January 2022, a three-judge District Court sitting in Alabama preliminarily enjoined the State from using the districting plan it had recently adopted for the 2022 congressional elections, finding that the plan likely violated Section 2 of the Voting Rights Act, 52 U. S. C. §10301. This Court stayed the District Court’s order pending further review. 595 U. S. ___ (2022). After conducting that review, we now affirm….

To prove a §2 violation under Gingles, plaintiffs must satisfy three “preconditions.” Id., at 50. First, the “minority group must be sufficiently large and [geographically] compact to constitute a majority in a reasonably configured district.” Wisconsin Legislature v. Wisconsin Elections Comm’n,…. “Second, the minority group must be able to show that it is politically cohesive.” Gingles, 478 U. S., at 51. And third, “the minority must be able to demonstrate that the white majority votes sufficiently as a bloc to enable it… to defeat the minority’s preferred candidate.” Ibid. A plaintiff who demonstrates the three preconditions must then show, under the “totality of circumstances,” that the challenged political process is not “equally open” to minority voters. Id., at 45–46. The totality of circumstances inquiry recognizes that application of the Gingles factors is fact dependent and requires courts to conduct “an intensely local appraisal” of the electoral mechanism at issue, as well as a “searching practical evaluation of the past and present reality.” Id., at 79. Congress has not disturbed the Court’s understanding of §2 as Gingles construed it nearly 40 years ago….

The extensive record in these cases supports the District Court’s conclusion that plaintiffs’ §2 claim was likely to succeed under Gingles….

As to the… Gingles preconditions, the District Court determined that there was “no serious dispute that Black voters are politically cohesive, nor that the challenged districts’ white majority votes sufficiently as a bloc to usually defeat Black voters’ preferred candidate.” The court noted that, “on average, Black voters supported their candidates of choice with 92.3% of the vote” while “white voters supported Black-preferred candidates with 15.4% of the vote.” Even Alabama’s expert conceded “that the candidates preferred by white voters in the areas that he looked at regularly defeat the candidates preferred by Black voters.”

Finally, the District Court concluded that plaintiffs had carried their burden at the totality of circumstances stage given the racial polarization of elections in Alabama, where “Black Alabamians enjoy virtually zero success in statewide elections” and where “Alabama’s extensive history of repugnant racial and voting-related discrimination is undeniable and well documented.” The Court sees no reason to disturb the District Court’s careful factual findings, which are subject to clear error review and have gone unchallenged by Alabama in any event….

[Chief Justice Roberts:] The heart of these cases is not about the law as it exists. It is about Alabama’s attempt to remake our §2 jurisprudence….

BAM!

Onward. Grinning ear to ear. Sanity is making a comeback, now, and 2024 is looking pretty… bright (despite the wildfire haze… all over the nation, this mornin’).

This may not bode well for the college admissions cases, either — at the Supremes — alleging so-called reverse discrimination.

Updated: The 80 page dissent of Justice Thomas merits no considered response. It is devoid of legitimate legal reasoning, and instead simply argues to turn back the clock to a time when if you were of color, and wanted to vote — you were required to recite the full text of the US Constitution by heart. That is all he argues for, at bottom — a return to a “simpler” time. Disgusting.

नमस्ते

So… Hinderaker Is Right Directionally: Trump To Be Indicted (Again!)… But…

John seems to have missed at least the five latest news cycles on Tangerine’s theft of the classified docs matter.

He does admit Trump is going down for it, though — so directionally, that’s correct.

But when he calls the felonies not that serious — he’s simply a buffoon.

The last few news cycles have established that Trump bragged on tape about having top secret Iraq attack battle plans, more than a year after leaving office, and shared their content — likely with other Arab nation operatives, out of hatred for Gen. Milley.

And then he lied about having them.

AND NOW… he says through his lawyers that those documents are “missing”.

Only a fool wouldn’t think he sold the originals (for some loans or favors) to rival Arab nations.

That is… espionage, Hinderaker.

You should probably shut up, if you cannot keep up.

Even so, Tangerine will still run third party from lock up, when he doesn’t get the nomination.

So… get ready for eight more years of Democratic control of the White House, son.

Cheers.