Agreed Scheduling, For The Reopening Of East Bay III — With Title 42 Program Sunsetted…

There will still be a status call tomorrow, before USDC Judge Tigar in Oakland — but I’ll not listen in.

I’ll likely wait to make any additional comments until June 5 — when plaintiff East Bay Sanctuary, et al. files the first motion for summary judgment. I genuinely wish the Biden Administration had chosen another path here — but so be it. See below; just filed:

…Defendants shall produce the administrative record by May 26, 2023;

Plaintiffs shall file their motion for summary judgment by June 5, 2023;

Defendants shall file any cross-motion and opposition by June 16, 2023;

Plaintiffs shall file their opposition and reply by June 23, 2023; and

Defendants shall file their reply by June 30, 2023….

We will keep you informed. Out.

नमस्ते

Good News: The ’23 Guinea Marburg Outbreak Is Ended; But Still A Few Weeks, Yet For Tanzania…

Still no approved vaccine exists, for Marburg — a virus very similar to Ebola, in its en vivo effects, on humans… and thus, a very dangerous killer.

But the good news is that 42 days have passed in Guinea without a single new case. We await similar news in about two weeks, from Tanzania. Here’s the latest, from excellent bi-lingual reporting:

…Equatorial Guinea’s vice president, Teodoro Nguema Obiang Mangue, declared late Monday an end to a Marburg virus outbreak, which caused 17 confirmed cases in the country, including 12 deaths.

“After not registering Marburg infections during the 21 days stipulated by the WHO, and after the excellent work and results obtained in the fight and containment of this virus, I have declared today (Monday) the end of the Marburg virus in Equatorial Guinea!” vice president, Teodoro Nguema Obiang Mangue said on his Twitter account.

A total of 17 laboratory-confirmed cases and 23 probable cases were reported in the Central African country between Feb. 13 – when it declared a Marburg outbreak -, and May 1.

The last confirmed case was reported on Apr. 20, according to the World Health Organization.

Among the 17 confirmed cases, there were 12 deaths and all those considered probable died, the UN agency said in a statement on May 8.

On Apr. 27, the country’s health ministry said that all districts of the province of Kie Ntem in the northeast of the continental region of the country and some districts of Wele-Nzas in the southeast had completed 42 days without a single new case being recorded, a WHO requirement to declare the end of an epidemic….

Now you know — all as we await some downloaded imagery of Jupiter’s volcanic moon Io — assuming the visible light camera was not permanently fried, over the last (49th) dip through the radiation furnaces, at the Jovian poles… smile.

नमस्ते

Using An AR-15, A 12-Year Old Near Ft. Worth, Texas, Just Murdered A Working Dad With a Ten Year Old Son, Himself.

A 20 year old male was urinating in the Sonic parking lot, and being disorderly toward other patrons of the fast food establishment. So an employee, himself a father of a ten year old boy, confronted the man and asked him to leave the area.

A 12 year old boy who was apparently traveling with the 20-year old, emerged from the vehicle with an AR-15, and shot the employee/father multiple times, killing him.

A. Twelve. Year. Old. Murderer.

With an AR-15. That’s the dictionary definition of… an assault weapon. Mobile, and clearly loaded, unlocked and unsupervised… in the hands of a boy whose voice hasn’t yet dropped.

Hey John, seriously now — when is it… enough?

God. Dammit.

Another — Marginally More Sensible One — From Mr. Otis.

Well, at least he correctly laid out the applicable law.

And yes, Mr. Penny is ex-Marine. Knew full well a 15 minute choke hold was lethal; knew his victim was unconscious; victim went limp at under three minutes.

So all the rest is largely just for silly showmanship — from Mr. Otis. His comments on Mr. Bragg are particularly… odious.

Though he is right about this — as well: we all are reaping the whirlwind, for failing to address mentally challenged unhoused people.

Penny is going to jail for homicide when this is over, for the killing of Mr. Neely, regardless of whether he had racial animus among his motives.

Out.

[U, X2] Hilarious! Hayward (And Hinderaker, Too!) Think THIS News?!

Updated: John Hinderaker’s knickers are in a twist, now later on Monday evening, too. But the fact is… Durham found nothing of lasting legal — or even political — import. End update.

So — since Durham worked longer, by over two years (four years total; and got zip!) — spent more, by over $5 million more… and made many grandiose claims at trial… only to strike out entirely…

I guess I’ll just laugh at what amounts to a paragraph of face saving, in 316 pages.

Hayward clutches his pearls, and falls onto his fainting couch, here.

Me? I see through it.

Special Counsels and Independent Counsels are supposed to bring criminal charges, if the evidence will support that. They are expected to win convictions, if they take the dramatic step of bringing felony charges.

Durham charged three people, and did not secure a single felony conviction. Mueller got 18 minimum.

Not one, for Durham. [If memory serves, he got one misdemeanor “failure of candor” with law enforcement charge, against on low level employee… but that was it.]

So now — to save face — he issues a mild scolding, to FBI.

Steve & John — do take your seats. [By the morning of 05.16.2023, Scott too is whining. But as he well-knows… there were no crimes here.]

This is all transparently partisan hackery. Yep, all a distraction — since Tangerine saw his crowd in Iowa disappear this weekend, to hang out with DeSantis.

Trump cancelled his rally and is sulking… so this is the “pick me up” for Cumquat Pol-pot.

As I say — Hilarious, Hinderaker & Hayward.

Y A W N.

While Pulling In, For Orbital Close-Up No. 50, Juno [At Jupiter] Will Bonus Us, Capturing Extreme Close-Ups Of Volcanic Lil’ Io, Tomorrow…

graceful, copper hued, long legged craft continues to… amaze — with unwasted grace, indeed.

She’s flown over 510 million miles into the cold nights… and 49 times, already, through the furnace of the magnetosphere at each pole — of the gas giant Jupiter. She’s shown us many views of Io, but will give us a truly DeMille worthy close up set, tomorrow — if all goes as planned.

Here’s the rundown, for tomorrow — but she has already vastly exceeded her engineering best cases, by every measure:

…“Io is the most volcanic celestial body that we know of in our solar system,” said Scott Bolton, Juno principal investigator from the Southwest Research Institute in San Antonio. “By observing it over time on multiple passes, we can watch how the volcanoes vary – how often they erupt, how bright and hot they are, whether they are linked to a group or solo, and if the shape of the lava flow changes.”

Slightly larger than Earth’s moon, Io is a world in constant torment. Not only is the biggest planet in the solar system forever pulling at it gravitationally, but so are its Galilean siblings – Europa and the biggest moon in the solar system, Ganymede. The result is that Io is continuously stretched and squeezed, actions linked to the creation of the lava seen erupting from its many volcanoes.

While Juno was designed to study Jupiter, its many sensors have additionally provided a wealth of data on the planet’s moons. Along with its visible light imager JunoCam, the spacecraft’s JIRAM (Jovian InfraRed Auroral Mapper), SRU (Stellar Reference Unit), and MWR (Microwave Radiometer) will be studying Io’s volcanoes and how volcanic eruptions interact with Jupiter’s powerful magnetosphere and auroras….

Do stay tuned. This is absolutely, positively… an amazing time to be alive! “She walks in starry climes… her night, a blackened-pavement — powdered with… Milton’s stars… all with an unwasted grace….” Smile….

नमस्ते

[U: A Second Hearing, On Thursday Aft., Now…] The Able USDC Judge Jon S. Tigar, In Oakland, Will Hold A Status Conference Tuesday, In East Bay Sanctuary III… To Decide Next Steps In View Of Title 42 Expiration.

UPDATED @ 6 pm EDT 05.16.2023 — USDC Judge Jon S. Tigar has ordered a further submission from the parties by Wednesday evening, and a continued hearing on Thursday, at today’s status call, thus:

…Further Case Management Conference held on 5/16/2023. Hearing held via Zoom video conference. The parties are ordered to meet and confer about, and make a joint proposal regarding, the motion briefing schedule and discovery that must be exchanged immediately among the parties. If the parties are unable to agree, they must submit competing proposals. In the latter event, the Court will endeavor to choose, in all respects, the single proposal it concludes is most reasonable. Joint or competing proposals due by 5/17/2023. Further Case Management Conference set for 5/18/2023 03:30 PM in Oakland, Videoconference Only. This proceeding will be held via a Zoom webinar…

Now you know — end updated portion.

As many regular readers will recall, we’ve been following the manifold pieces of federal “public interest” litigation — ones that effectively blunted the worst of Tangerine’s intentional violations of US treaty obligations (backgrounder: 2017-2021), as to undocumented persons arriving, or residing in the US.

As a follow-up, Judge Tigar intends to question the government, about how it will comport with his prior rulings in the case, and continue to honor our treaty obligations, I am certain. And so, we will listen in on a status conference set for noon, tomorrow Eastern, now. And we will report back — as to what’s likely next:

…On February 23, 2023, the Departments published a Notice of Proposed Rulemaking (“NPRM”) that would, if finalized, rescind the two rules at issue in these cases. See Circumvention of Lawful Pathways, 88 Fed. Reg. 11,704 (Feb. 23, 2023), available at [prolix web-address]. That NPRM proposes to “address the reality of unprecedented migratory flows” and “potential surge of migration at the southwest border [] of the United States following the eventual termination of the Centers for Disease Control and Prevention’s (‘CDC’) public health Order” by “establish[ing] a presumptive condition on asylum eligibility for certain noncitizens who fail to take advantage of” “existing and expanded lawful pathways to enter the United States, including the opportunity to schedule a time and place to present at a port of entry and thus seek asylum or other forms of protection in a lawful, safe, and orderly manner, or to seek asylum or other protection in one of the countries through which they travel on their way to the United States.” Id. at 11,704, 11,706. The NPRM further proposes that the final rule be in effect for a period of two years. Id. at 11,726.

As part of the NPRM, “[t]he Departments propose rescinding prior rules establishing bars to asylum,” specifically Aliens Subject to a Bar on Entry Under Certain Presidential Proclamations; Procedures for Protection Claims, 83 Fed. Reg. 55,934 (Nov. 9, 2018) and Asylum Eligibility and Procedural Modifications, 85 Fed. Reg. 82,260 (Dec. 17, 2020). Id. at 11,727-28. “The Departments have reconsidered the approaches taken in those rules and now believe that the tailored, time-limited approach proposed here—which couples mechanisms for individuals to enter lawfully (and as appropriate make protection claims) with new conditions on asylum eligibility for those who enter without taking advantage of these and other lawful processes — is better suited to address increased flows across the” Southwest Border. Id. at 11,728….

[Subsequent order, from this past Friday:] Plaintiffs have moved to lift the stay in this case and seek leave to file an amended and supplemental complaint. ECF No. 147. Plaintiffs also intend to move for preliminary relief. Id. at 3.

The parties shall appear for a case management conference on Tuesday, May 16, 2023, at 9 a.m. to discuss a schedule for briefing and hearing on both the present motion and Plaintiffs’ intended motion for preliminary injunctive relief….

IT IS SO ORDERED.

Dated: May 12, 2023….

We will keep you posted, but the aim (once again) will be to protect those seeking entrance — at our southern borders from abuse. And ensure we honor our treaty and protocol obligations, here — as Title 42 sunsets.

नमस्ते

[U: He Can’t Take The Heat!] Probably The Only Time I’ll Ever Mention William Otis, Paul Mirengoff’s Latest New Co-Blogger…

Updated @ About Noon Eastern: Welp. I cut and pasted this post, into the comment box at “Ringside” — for our buddy William Otis. He has deleted it. Charming. Seems he believes that free expression, comment and criticism… only should apply when his commenters conform to his world views.

Y A W N.

How utterly… boring. I won’t try to repost mine — this below will stand, in eternity — long after he’s faded to dust, in some obscure graveyard, somewhere…. perfect. End, update.

And I mention his — only because Paul Mirengoff is on vacation in Europe — and we debunked this exact same line of racist, and false “crime stats” crap just about three weeks ago — when uttered at Powerline. [As we said repeatedly before, it all flows from the shrew Heather Mac Donald’s intentionally mal-informed, illogical and bad stats methods “science”… writings.]

So, Bill Otis, apparently a former prosecutor, and thus presumably-a-trained-in-logic lawyer… and now, card carrying member of the frothy, illogical hard right… argues the same old canard, about proportions of US violent crime, whyte v. Black.

What he — and the people he quotes — intentionally fail to mention is that there are about SEVEN times as many non-Black people, as there are… Black people in the US.

Thus the actual ‘incidence rate’ — of violent crime occurs slightly more often at the hands of whyte perps. Simply because they are a larger portion of the overall population. Thus his stats… are meaningless — and misleading, at best.

Said another way, any person in the US — but especially any whyte person — is about 15% more likely to experience violent crime at the hands of a whyte perp, than at the hands of any person of color.

It is a fact, that has been true since the 1960s — and yet, these dyed in the wool racists… do their (like Otis, and Hayward and Hinderaker) absolute level best to only talk about raw overall numbers — ignoring relative risks.

But (for example) when doctors treat humans, they always rely on relative benefit v. relative risk — in a drug regimen, or surgical intervention. What are the odds it improves one’s condition, compared to the odds it leads to a bad side effect / outcome?

Of course, Mr. Otis intentionally ignores here the very same advice he’d gladly credit his physician for offering him.

Malevolent… and moronic — a lethal combination, that.

Out.