Author: condor

Who Is More… Deeply Deranged? Trump, Or… DeSantis?! It’s A Close Call…

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We were largely planning to ignore the tech crashes Elon delivered for DeSantis’ Twitter coming out party, last night. But it does prove that both of those guys know far less about… everything… than either would be willing to admit.

These guys apparently think code fixes itself — all on its own. Hilarious.

However, I suppose more disconcerting is the idea that the GOP’s clear runaway front runner for 2024… is either (i) utterly senile, or (ii) self medicating in the evenings with Adderal, or worse, Ketamine — and/or brown liquor.

We come to this conclusion because he seems able to offer his usual word salad speeches between say 8 am and about 5 pm, most days. But when he posts at night, we see… truly LSD level hallucinating, in his texts.

At above right he uses the wrong first name for DeSantis (though that is clearly who he means to refer to), and talks of some “big red button” (nukes?! not likely, but maybe he’s claiming responsibility for using North Korea to jam up the Twitter Spaces?!) — and a newly budding friendship with an international pariah, and genocide perpetrator. [Plausibly, and thus most ominously, this might be read as his invitation to North Korea to hack DeSantis, in the coming weeks, just as he invited Russia, regarding HRC — in the 2016 cycle.]

I hope he thought he was making some sick joke. Because it would be a felony to solicit aid from a notorious enemy of the US, to attack a political rival.

D A M N.

But you may bet that Bitsy, John, Scott and Steve won’t utter a peep about this ugliness.

Bet on it.

Comer Wrote… Another… Letter?! Bitsy — No One… Cares.

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Y A W N.

Ms. Stauffer’s considerable froth here this morning is… well… just precious.

She imagines that the GOP loon Rep. Comer (nominally the head of the House Oversight Committee) writes missives… of some gravitas.

He does not.

And, in any event, the FBI possesses clear authority to avoid disclosures that might jeopardize ongoing investigations (like this one). It is all just a clown show, to raise donation money from the ill-informed, “knuckle-walkers” in the GOP base.

Hilarious, Bits!

Cheers….

And Just Like That — Martin Shkreli’s Former Shares In Phoenixus AG… Are… Poof! [Will Likely Only Fetch $1 Million.]

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Even though it is in Chapter 11, the company still retains some liquid value — not that Martin will ever see a penny of it. And to be sure, this is a major achievement, to find a buyer at any price. Well done, Mr. Abbott.

You see, Martin still owes Thomas Koestler quite a bit over $5 million (which includes nearly seven years of post-judgment interest) — and this sale of 31% of Phoenixus AG will cover only about 18% of that debt. In sum, Martin personally will still be in the hole, to Dr. Koestler, the FTC (~$46 million)… and various others.

Here’s the latest — more shortly, as there are multiple filings this morning:

…After many months of discussion with multiple interested parties, the Receiver has identified a potential purchaser and agreed to what he believes to be the best possible sale terms for the Phoenixus Stock under Phoenixus’ current circumstances. Subject to the Court’s approval, the transaction would be consummated with Akkadian Partners SA, the management company of Akkadian Partners Fund – Compartment Phoenixus Investment (collectively, “Akkadian”) pursuant to terms reflected in the Stock Purchase Agreement filed herewith as Exhibit A (the “Akkadian Sale”). The Receiver’s determination that the Akkadian Sale is the best possible agreement available for the sale of the Phoenixus Stock is premised upon: (a) his expertise in and knowledge of similar financial transactions and the pharmaceutical industry; (b) his due diligence and efforts undertaken over the course of the past year to market the Phoenixus Stock and engage prospective purchasers; and (c) the economic realities currently facing Phoenixus. In the absence of the Akkadian Sale, it is the Receiver’s view that a sale of the Phoenixus Stock is not likely to be feasible. Although the proceeds of the Akkadian Sale will not be sufficient to satisfy the Judgment, it is the Receiver’s conclusion that it is the best course of action to realize a return on the Phoenixus Stock to reduce the balance of the Judgment.

The Receiver will continue to pursue other sources of recovery, including a possible tax return entitlement, the sale of stock owned by the Judgment Debtor in AudioEye Inc., and a sale of the Judgment Debtor’s Picasso etching….

In furtherance of his efforts to navigate the corporate laws of Switzerland where Phoenixus operates, the Receiver retained the service of Swiss counsel from the firm Baker McKenzie Zurich (“BMZ”). In accordance with the terms of the Receivership Order, the Receiver expects that he will submit the invoices from BMZ for approval by the Court once their services are completed in connection with the proposed Phoenixus transaction….

For the record, here is the proposed $1 million sale agreement (a 13 page .pdf). I am still reading it, but I note that it comes with a kicker for up to an added 20%, if the buyer is able to resell the shares within 10 years, at any profit from the $1 million original price.

Moreover, the buyer gets three seats on the Phoenixus AG board as it works its way through Chapter 11, here state-side. Now the parties must get the approval of the bankruptcy judge, to close this deal.

Makes sense. Kudos, to the Koestler team. It is a good start.

Onward — smiling.

Five Days Left: More Detail, From Mr. Balwani’s Counsel — He Does Expect There May Be A Separate Trial, On Wags Class Action In AZ…

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The upshot from overnight filings (on a case we’ve not been following here), is that it may be that both Holmes and Balwani may have to defend additional federal civil trials in Arizona’s district courts, for the damages Walgreens customers clearly suffered — at the hands of the fraudulently-touted Theranos device.

Having said that, it is likewise pretty clear that most of the money to customers will come from Wags, itself under the settlement [Impertinent Questions Department: What was GC Jan Stern Reed‘s role in all of this (i.e., the allegations that Wags repeatedly “turned a blind eye” to the Theranos problems, in particular)?].

In any event, it may be a waste of time to get a judgment against Holmes and/or Balwani — as they are already jointly and severally liable, personally, for nearly a half billion dollars in restitution. Money neither of them have — or ever hope to have. So… I’d guess this is nearly the end of the line, in Arizona, as well — as Holmes heads to Camp Bryan, Texas for a decade or so.

For what it is worth, here’s the latest:

…Mr. Balwani’s counsel apologizes to the Court for any misunderstanding arising from his failure to file a Motion for Separate Trials on Monday, May 22, 2023. Counsel understood Mr. Balwani’s Motion to be made unnecessary by the Notice of Settlement, in which Plaintiffs and Walgreens asked the Court to “vacate the current schedule and stay proceedings pending the filing of a proposed settlement agreement.” Notice [Dkt. 577] 2:5-6. The settlement as to Walgreens, if approved, will accomplish the severance that Mr. Balwani (and Ms. Holmes) intended to seek. And “vacat[ing] the current schedule,” as the Notice requested, allows the Court to consider the appropriate trial schedule for Mr. Balwani and Ms. Holmes in the course of re-setting case deadlines, if necessary.

In the circumstances, counsel believed filing a separate motion to sever and stay would unnecessarily clutter the Court’s docket. In retrospect, counsel recognize that an explicit filing stating Mr. Balwani’s position would have been the better course….

I suppose it might also be asked what another long departed Wags GC, Mr. Thomas Sabatino knew, and when he knew it — on these same matters. It is all… just… fascinating, here a decade later. [After all, though Holmes is broke, these retired Wags executives… clearly are… not.]

Out.

About Three Years Ago, We Explained Why Tangerine Could Not Ban TikTok…

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And (proving again the GOP never learns from its own stupid, lawless mistakes) earlier this week, the State of Montana tried to single out one social media platform for banning. And only one.

It is… again, TikTok.

As happened with Trumpy’s impotent attempt, TikTok has filed a federal suit.

It will prevail. Again.

[By the way, it gives me much pleasure to report that Elon-igator offered up a glitch riddled event with DeSantis tonight, on the blue bird site. Hilarious!]

In any event, it is funny how little the Powerliners say about free speech, when it is GOP forces running the would-be government “prior restraint” / censor board.

Y A W N.

Hinderaker Wants To Control All Sorts Of Things That Have ZERO Impact On His Life…

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This is all just… dreadfully repetitive.

Ole’ Bitsy whined about it repeatedly; Hayward bloviated on it (at least four times)… and once again, Hinderaker has — for what, the tenth time, now?

But each of these belched bleatings… have this in common: nothing they complain about — in any manner — or in any way — affects the living of these Powerliner lives, unless they go out of their way to find someplace to go and be “offended” by it all.

That is telling, in and of itself.

The party that forever said we should just leave people alone, and not place laws on them that restrict their freedoms (the GOP)… is now all about deciding what clothes people may wear, where they may wear them… and whether a man might put some eyeliner on — or not do so, in public. Damnation.

Oh. The. Humanities, Hinderfaker. [Its all likely to avoid taking sides, anyway, in the glitch-riddled Twitter-Fest with DeSantis and the Elon-igator, methinks.]

Do take to your sad, moth-eaten fainting couch, and the rest of us will go out and enjoy a robust, boisterous — raucous even — rainbow filled life… whenever and wherever we choose.

So… sit down, son.

And to help us (and her) fly, tonight — ignoring you — we turn to Tina — as she lights it up, circa 1984:

We Bid Farewell This Afternoon, To An All-Time Great Talent — And Stellar Human Being…

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Travel well, and travel light, Auntie Entity….

So many memories — so many jaw-slacking moments — in concert, live on stage — and seen at Red Rocks, with the entire crowd in palm of her hand….

And yes, on screen and even through… old tinny AM radios — blasting her music, out on every corner, for blocks and blocks in the summer heat….

You will be sorely… missed.

नमस्ते

Hayward Loses His Sh!t, Over A Vanity Fair Send Up?! It Must Strike Close To The Bone…

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We have repeatedly established Hayward’s Neo-KKK bona fides.

[The fact that he cannot secure a mainline, tenured position at any more respectable university is proof that his brand of racism has been toxic — over decades — to his career, such as it is. So he is relegated to writing opinions for the NY Post, and Washington Examiner.]

Hilarious — and proof that karma… is indeed a wheel.

This morning he was incensed that VF decided to nail both Musk and DeSantis — by calling the whyte hoods as she sees ’em.

I do imagine David Duke is available — but Musk is the deepest pocketed racist on the planet. So DeSantis knows exactly where to go, to get his bread buttered, here.

And I think Hayward’s bleating about it all… is mostly a deflection against what he sees… in himself, late at night, three or more whiskeys in.

Again — that is… as they say… some rough justice.

Cheers, Steve.

The Injunction Against Unconstitutional “Public Dancing Bans” In Tenn., Will Be Permanent In a Few Days’ Time.

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The Volunteer State’s lawyers essentially conceded at the bench trial (which concluded yesterday) that local prosecutors cannot save the statute as written. So the preliminary injunction, state wide remains in full force. [Note especially here that the statutory ban on dancing in public only applied to men who put on make up or a dress. All other dancing in public was… okie-dokie!] Here’s that opinion, as a backgrounder, and a bit:

…The United States Constitution — a law that is supreme even to the Tennessee General Assembly’s acts — has placed some issues beyond the reach of the democratic process. First among them is the freedom of speech. If Tennessee wishes to exercise its police power in restricting speech it considers obscene, it must do so within the constraints and framework of the United States Constitution.

The Court finds that, as it stands, the record here suggests that when the legislature passed this Statute, it missed the mark….

I would expect that by a few days after Memorial Day, we will see a USDC opinion and order making the injunction permanent, state wide.

So ends GOP Gov. Bill Lee’s silly grandstanding, against his own drag performances in 1977, at Franklin High.

Hilarious.

Mirengoff Takes Up Ted “KKK” Cruz’s Despicable Rhetoric On NAACP FL Advisory — But Bernice King Is STILL Correct.

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So… ever the one to try (largely preposterously, I might add) to claim “reverse racism” (i.e., anti-whyte), Paul hops right to it, this evening — on the Florida NAACP travel advisory.

We wrote on this when Hinderaker made many of the same guttural grunts, a few nights ago.

But we will reset it, here with a new graphic, just for Paulie.

[That’s jailhouse Cruz, below — and Paulie, above.]

Bernice King, Rev. King’s daughter rose, in answer to Ted “KKK” Cruz: “What my father would be deeply concerned about is the harmful, discriminatory legislation in Florida,” King tweeted, along with a photo of her late father.

The true giant of a proud Black man who taught me civ. pro. argued Bivens in front of the Supremes, on behalf of this very same NAACP. And he was a clerk for Thurgood Marshall, who himself had argued Brown… on behalf of the same NAACP. [So I’ll rise now… to defend my betters — my brothers, of a greater God.]

I get that John and Paul cannot see, or value anything that doesn’t put money in their own pockets — as remotely worthwhile. [And as we’ve established, John is a heathen — as to Christ’s social gospel at Matthew 25:36-41.]

So — yes, in this matter, both Paul and John are… a pair of lost souls. They both excised very large part of the covenants they say they live by, from both the Old and New Testaments (John’s odd version of X-ianity). [As have most frothy hard right malign crisis actors.]

Paul too forgets his Torah teachings, to be sure here. But I’ll leave most of that for another day, as that covenant was less taught in my home as a child, even though one of the household held it. (Deuteronomy 15:7 and 15:11 both command that he should take special care, since he’s been blessed with great wealth, to help any who are not in the financial position that He who Is blessed him with. It is not properly Paul’s wealth, as taught by his own Rabbi, but Yaweh’s — and those verses command Paul to very fastidiously care for the people of Florida who are today crying out for justice.)

All of which neither he or John do. And thus, both of them profess a pair of faiths they in the main do not honor.

I guess Paul and John think that DeSantis is going to run Florida until he dies?! He’s already all but declared for 1600 Penn. And it may well be that Florida’s mansion is Democratic hands by 2024. So the NAACP leadership should move out of state, Paul?! You. Are. An. Idiot.

U G L Y.

But not entirely surprising.