Some Hinderaker Lunacy — On Bugs; And Race… Sad Old Man, He…

So… Hinderaker tonight thinks that… “leftists” are going to force him to eat… bugs. Sheesh.

Okay. John — you have more than enough cash to buy all the rib-eyes you could ever want, in perpetuity. Even for your great grandkids, as yet unborn.

So, no — in the United States, no one will make you “eat bugs”. There will likely be tax incentives for people who don’t over-consume high footprint protein sources like high-end steaks, lamb and pork.

But elsewhere on the planet, insects (and tofu) will be (in fact, already ARE) very stable economical and more sustainable sources of protein — in human diets.

John has let his frothy far right nut-job ideas run wild, again.

So we may also ignore his second installment, ranting about largely non-existent “unfairness to whyte peoples”, in the existing college admission protocols.

That is not racism. Racism is… being tased to death at a traffic stop, after asking for help. Do try to keep up here, Johnnie.

Out.

So EmptyWheel Today Shows Us How Cheney Screwed Tangerine, And Aided Biden — In The “Secret Documents” Cases…

It centrally involves Trump’s lawyer, Evan Corcoran — and it is a rather convoluted federal statutory construction tale, to be sure.

But Dick Cheney sought, post 2003 (and Valerie Plame’s outing), to make it harder for the executive offices to get into dutch for going after political opponents with what might be classified government information. But in the process, he made the penalties worse, for executives who willingly refuse to return classified materials, while more widely freeing up their use, if properly declassified, even by the same executive.

Do go read all of EW, as it is a rollicking good tale — but here’s the punchline (Dark Brandon wins this round!):

…But there’s good reason to believe that Corcoran’s arguments about Trump — for the little they’re worth — would apply equally to Biden as to Trump, thanks, in part, to Dick Cheney.

How about them apples, huh?….

And so — thanks, Mr. Cheney — you could not have known, two decades ago that you’d be helping Joe Biden — and jamming Trump… but I suspect you are not unhappy about Trump… being jammed.

Sweet!

As Expected, The Federal Class Action, Against Trump’s — And Melania’s — Egregious NDAs Imposed On Employees While Working At The White House… Is Settled.

Just as we last indicated on December 10, 2022 (and repeatedly so, over the prior two and a half years!), Tangerine was completely out of line, legally — in asking people working for him at 1600 Penn to sign non-disclosure agreements, and then shockingly atrocious, when he and Melania used the US AG (Bill Barr) to bring suit against potential violators of the so-called NDAs… in writing truthful memoirs, or whistle-blowing activities. That was taxpayer money, and he and she were supposed to be OUR servants, not the other way around.

But it is all corrected now, though it took and injunction and federal class action litigation in Manhattan to get there. Here is the letter; and here is the full settlement order packet — and a bit of that latter document.

…Ms. Denson, individually and on behalf of a class of similarly situated persons, alleged in her First Amended Class Action Complaint, dated April 5, 2022 (the “Complaint”), that Ms. Denson and the Campaign entered into a contract (the “Employment Agreement”) dated on or about August 18, 2016, and that certain provisions in the Employment Agreement — referred to herein as the “non-disclosure” and “non-disparagement” provisions — violate New York contract law, the New York Constitution, and the First Amendment to the United States Constitution….

[O]n March 30, 2021, the Court in the Litigation declared the non-disclosure and non-disparagement provisions contained in the Employment Agreement invalid and unenforceable….

Within 21 days of the Court’s entering the Proposed Orders as orders (thereafter the “Orders”) and approving this settlement, the Campaign will pay to Class Counsel an aggregate total of $[redacted], constituting the reasonable and stipulated fees and expenses of Class Counsel, a reasonable incentive award of $[redacted] for the benefit of Class Representative, and any costs incurred by Ms. Denson or Class Counsel in connection with any effort to notify the Settlement Class of the Orders and this Settlement Agreement. Payment shall be wired to the account listed below….

It will likely be a month or three, before all class members are notified, and a final court-reviewed settlement plan goes out. But it is clearly the correct result, and it is… inevitable, now that the Trumps will be out a few million more dollars — for violating black letter US law, as to vulnerable employees. Grin.

नमस्ते

How To Understand… That Trump’s Felonies Were Willful, And Ongoing (By Deceit) For 18 Months, Scott?

Like Hinderaker as well, Scott Johnson… cannot (even after an Ivy League undergrad and law school education!) comprehend that “inadvertent finding” coupled to an immediate alert to federal authorities, and equally immediate return… is just a little bit different.

[Scott may be right about Jeff Beck and other musical matters, but that is about the end of his cogency.]

I just think these Powerliners are setting up a narrative that — once again — has them shilling for Tangerine’s willful lies, and affirmative misdirection, even after visits from, and warrants executed by federal authorities — ones with felony charging powers. And lawful judicial search warrants… and impartial grand jury indicting powers….

Perhaps their GOAL is to help insure that Trump burns down well-before the 2024 GOP Nominating Convention begins?

If so, it is a brilliant look. Otherwise, not. so. much.

Out.

Russia Will Send A Backup “Lifeboat” Soyuz To ISS In February… And The “All Clear” Re Ebola — In Uganda…

Two separate items, as follow-up, on a cold January Saturday night, by the fire: first, ebola has officially been declared arrested, in Uganda, by WHO.

That is very good news, indeed. [The president of Uganda had jumped the gun, and declared an all clear right before Christmas — to permit more commerce and travel over the long holidays there. But it seems not to have re-ignited the outbreak — for which we are all breathing a sigh of relief.]

Next, as we earlier mentioned might be the case, Roscosmos, the Russian space agency, has this past week definitively decided not to fly the crew of three home, on the Soyuz module that was observed spraying coolant into space, about 45 days ago. Here’s NASA’s telling of that bit:

…Roscosmos engineers determined the Soyuz MS-22 spacecraft is not viable for a normal crew return, but is available for crew return in an emergency aboard the space station. The Soyuz MS-22 will be replaced by the Soyuz MS-23 spacecraft that will launch to the space station without a crew on Monday, Feb. 20. NASA astronaut Frank Rubio and cosmonauts Sergey Prokopyev and Dmitri Petelin will return to Earth in the replacement Soyuz after spending several additional months on the station….

Onward, grinning — these nights, as compared to the 70 degree arid sunsets, in the Sonoran desert we recently left… are tougher, with each passing year. But it reminds us we are… alive — that much is certain. Smile.

नमस्ते

Hinderaker Is A Delusional, Sad Old Man. Irrelevant, Even — In His Declining Years.

What!? Don’t believe me?

Okay… just read this sentence — and please explain how someone with Harvard Law, and Dartmouth undergrad degrees… could ever, in his right mind, believe such idiocy:

…The covid epidemic accelerated a lot of bad trends, including the left-wing takeover of “science….”

Anyone, that is who hasn’t consumed a singular diet of Faux News for now almost 25 years. Indeed, he has become so intellectually lazy and cramped, that he won’t look at anything that doesn’t confirm his… endlessly irrational biases.

So, yes — tonight, he claims all of “science” is controlled by leftist Democrats, for solely political ends.

Wow. That is… somethin’ John.

He goes on to claim that all the world’s “elites” are “pretty stupid”. If that is so (and who knows! it may be…), I would say that his brand of silver spoon, hard right Ivy League coddled “elites“… are now mostly foaming at the mouth… barkingly-delusional Renfield-esque characters. [See, Bram Stoker’s Dracula.]

Hinderaker — it is time for your Ketamine… as it is well-past sun-down… time for your beddy-bye.

UPDATING: Supreme Court Briefs, On Why TX HB20 Is On Its Face… Unconstitutional (Restricting Freedom of Association And Expression)…

Last summer, we first started covering the insane efforts of GOP Govs. Abbott (Texas) and DeSantis (Florida) to prevent private entities / social media sites from deciding which speech they would amplify, and which they would declare violates their private company terms of service.

To be clear, this is precisely identical to the nation’s old line editorial pages, deciding which letters to print… and which… not to print. Both are “amplification” decisions, and it has been a bedrock provision of black letter First Amendment law that (absent outright sedition) no state-, or federal- government actor may attempt to regulate any newspaper’s op eds.

But the malevolent chuckleheads in Texas and Florida press onward, because they are just sore, and mystified, that the GOP got trounced in both 2020 and 2022. So, we will provide links to two of the latest SCOTUS briefs, on topic — as argument day approaches, at the high court — and we will then re-post our original thoughts, below the line.

Here is the core of the clearly correct argument on the law, in favor of our First Amendment rights to associate as we please, in the Florida cases:

…Notice that the court of appeals blocked the consistency rule. The state has no valid interest, the court explained, in requiring a platform to host content simply because it hosted similar content in the past. Pet.App.61a (citing Hurley, 515 U.S. at 573-74). A similar rationale doomed SB7072’s requirement that platforms not change their rules more than once every 30 days. The right to editorial judgment, the court found, includes the right to change one’s editorial standards as often as one pleases. Id.

But in the absence of the consistency and 30-day wait rules, the transparency rules make no sense. In its effort to rescue (most of) them from invalidity, the court of appeals shifted the basis for those rules from content moderation to consumer protection. Pet.App.63a. Transparency rules or no, however, the First Amendment guarantees platforms’ right to moderate content as they see fit. Since the state cannot order platforms to enforce their rules consistently, or to freeze them in place for set periods, the consumer protection rationale for transparency rules is significantly undermined….

And, this is from the Texas cases:

…The Eleventh Circuit held that such laws cannot meet even intermediate scrutiny. Moody, 34 F.4th at 1226-27. Affirming that holding would resolve the constitutionality of HB20 Section 7. Likewise, both cases ask whether government may compel websites to provide “notice and a detailed justification for every content moderation action.” Id. at 1230. And the pending Moody cross-petition implicates the remaining disclosure and operational provisions. See Cond. Cross Pet. 28-37, NetChoice v. Moody (U.S. No. 22-393). Rulings on these issues will resolve the constitutionality of HB20 Section 2….

These laws are an affront to ordered liberty, written by poorly-educated hard right morons who seek to control what cannot be controlled — the freedom of Americans to speak and write, and to not speak and not write as they please. They also offend the notion that private clubs may (so long as not engaging in racial or gender or religious discrimination) decide what goes on the bulletin board, and even… who may join the club — in order to make the club’s advertising business most profitable.

Since when did GOP become anti-advertising businesses? And since when (after ole’ Saint Ronnie removed the fair access and must carry rules at the old 1980s FCC!) did the GOP decide that Newton Minnow was… RIGHT? [They didn’t of course. They are just angry that all the billions Rupert Murdoch (and friends) spent buying old line, over air and ink-paper outlets — from 1980 to 2016… have, in the last seven years… been “horse and buggied” by the spaceships of social media: frictionless, ubiquitous in reach (available in every cell phone)… and completely outside the Faux News editorial powers.]

In sum, the new world actually achieves what Murdoch could not: endless reach, and deep engagement, for those willing to think for themselves. But it is a business, not a government acting here. And Amendment One says the Florida and Texas legislatures cannot tread here, absent outright sedition. Here’s the original item (from mid-2022).

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

About 50 to 70 years ago, the three television networks were required by FCC rules to provide “equal time” to opposing views — when an opinion, especially a deeply-political opinion piece, was aired. There were only three ways to reach that vast and immediate audience, with the impact of color television: ABC, NBC and CBS (and in some more urban locales, there was a PBS affiliate that could be received by over the air broadcast). But even those rules, against the big three, were deemed unconstitutional as Ronald Reagan’s trickle-downers took power. They were tossed, as being antithetical to a free and robust market for ideas. It didn’t help that it was the government — in the guise of the FCC — that was acting, to tell private TV carriers what they must broadcast. Conservatives, essentially everywhere, cheered when the must carry and equal time rules were allowed to lapse.

So — it is with palpable irony, now — that a half-century later, the grown children of those Reagan conservatives in Florida and Texas have passed state LAWS that purport to tell entirely private businesses / social media companies [of which there are now nearly as many (deep double digits), nationwide as there were as to TV, at the very beginning of the cable revolution of the early 1980s] which viewpoints they must carry — or at a minimum, they must provide specific federal court-like adjudications, if the platforms decide to remove any content. [Of course, this is really about being free to use hate speech and lies as political agitprop weapons, in what is effectively a private host’s / person’s living room.]

So — last week we mentioned elsewhere that the Eleventh Circuit had correctly blocked the Florida law. This afternoon, the Texas version, called HB 20 — which had already reached Justice Alito. . . was stopped, dead. Even Alito, in his own dissent from this block admitted that the law at least appeared “facially unconstitutional, under the First Amendment” — as a state government’s attempt to regulate private club speech or silence, based on content. And that is where this will end. But for now, the laws in both Texas and Florida are stayed — they cannot be enforced… until the Supremes get to a full-on merits argument / hearing, and decision.

…Applicants are two trade associations that represent major social media platforms covered by the statute. They challenged the constitutionality of HB20 in the United States District Court for the Western District of Texas, contending, among other things, that the law is facially unconstitutional under the First Amendment. The court agreed, and it preliminarily enjoined the Texas attorney general from enforcing the statute….

Onward — but if anyone needs a light-house beacon, to guide them to the conclusion, and determine that the GOP has become the anti-business, and anti-freedom party, this would be it.

Two GOP controlled states, both trying to force private companies to carry hate speech (and to force women to carry to term, even in the case of rape or incest). I did not like Reagan, but he certainly is spinning in his grave, at what these frothy nut-jobs try to call a “conservative” agenda. These are… brown-shirts, not conservatives. Out.

नमस्ते

Friday Science Trivia: When Two Ultra-Massive Black Holes Collide… What Will Happen, At Earth Distance — Of 420 Million Light-years?

Together, these two closely circling black holes are about 325 million times more massive than our Sun. Let me repeat that: millions of times. [The last one we observed (in 2019) involved black holes less than 100 times the Sun’s mass, but happened nearer to us.]

And the energy released when these ultra-giants collapse into each other will generate a gravity wave of truly cataclysmic proportions. It may be lethal for any star system within about 300,000 light years of the event… but we will be comfortably far away, according to all best estimates. We know that energy from these gravity waves propagates, but dissipates, proportional to the square of the distance from the epi-center. And that’s a vast, vast amount of… distance.

Even so, at our distance… tsunamis might occur. It might be equivalent to the energy exerted by the moon’s tidal forces, but all within a millisecond… so, depending on whether Richard Feynman was right, that all of local space-time will expand and contract in a uniform, and instantaneous fashion, we might see nothing.

But if the wave propagates across the Earth, and is either slowed or accelerated in the interstellar medium around us, we might see an actual ripple in the pond, that is our oceans, since the water would be most easily displaced by it.

In a most extreme scenario, the crystalline structures supporting our crust might fracture, and collapse in places. But only, as I say, if Feynman was… wrong. Only if space time doesn’t react uniformly to the energy of the gravity wave.

And in any event, this actual merger is likely still some 400 million years ahead, into the future — as the light of the close approach is just now reaching us, from 420 million years in the past — far out in the inky black of deep, deep space. So, rest easy. Feynman was almost certainly right about it — we will be able to detect it at the Ldar facilities in Louisiana and Washington state, assuming we are still here then — but only the very thinnest fraction of the resulting gravity wave will be converted to energy in the physics of our standard model, based on 2019 observations of smaller, nearer, gravity wave events.

नमस्ते

As Expected, Amazon Has Been Ordered This Week To Begin Bargaining “In Good Faith” At JFK8 — Since ALU Won The Election, 2-to-1…

This is just a part of once a month update series, on all matters labor-related at Amazon. Of course, upper-middle management, at Amazon says it will appeal to the full NLRB (this being a regional director’s order to bargain) — so, as ever, this will take a bit. After the full NLRB rules, likely agreeing that a 2-to-1 vote is a clear mandate, Bezos may still appeal the bargaining order, to the federal courts of appeal. Ugh.

But it is clear — the ultimate future, at Bezos’ AMZN… is union. Here’s a bit from NPR:

…On Wednesday, the National Labor Relations Board’s Region 28 regional director, Cornele Overstreet, dismissed Amazon’s allegations that labor-board officers and union organizers improperly influenced the union vote. In the spring of last year, the upstart Amazon Labor Union won the right to represent some 8,000 workers at the massive New York warehouse.

Wednesday’s decision requires Amazon to begin bargaining “in good faith” with the union. However, the company is expected to appeal the ruling before the full labor board in Washington, D.C., which it can request by Jan. 25. Labor experts say members of the board are likely to side with their regional colleagues in confirming the union’s win. The case could make its way into courts….

Amazon alleged that union organizers coerced and misled warehouse workers, and that Brooklyn-based labor officials overseeing the election acted in favor of the union. In September, the NLRB attorney who presided over weeks of hearings on the case recommended that Amazon’s objections be rejected in their entirety….

Well — this is good, if expected, news… and yet it may be two years before Bezos hears, from a court of last resort that he must recognize the union and sign a collective bargaining agreement with ALU, at JFK8. Onward, grinning. An equally massive, but not “rogue”… wave, of another sort — indeed.

नमस्ते

Likely The Most Extreme “Rogue Wave” Ever Recorded: 2020, Off Vancouver BC, In North Pacific Ocean…

See it at right, via a computer modeled *.gif file.

Yes, this is a bit of a life science tangent — but I think it a cool one. Here’s the whole story, and a bit:

…In November of 2020, a freak wave came out of the blue, lifting a lonesome buoy off the coast of British Columbia 17.6 meters high (58 feet).

The four-story wall of water was finally confirmed in February 2022 as the most extreme rogue wave ever recorded….

Such an exceptional event was thought to occur only once every 1,300 years…. For centuries, rogue waves were considered nothing but nautical folklore…. It wasn’t until 1995 that myth became fact. On the first day of the new year, a nearly 26-meter-high wave (85 feet) suddenly struck an oil-drilling platform roughly 160 kilometers (100 miles) off the coast of Norway….

Scientists define a rogue wave as any wave more than twice the height of the waves surrounding it…. [T]he Ucluelet [Island, BC] wave was nearly three times the size of its peers….

Welp — the thought is that climate change is both increasing the severity of these waves, and the frequency of their occurrence — in the Pacific, specifically. That makes sense.

In any event, that would be quite a surfers’ set / session, indeed. Very gnarly… lethal, even… but grin-worthy. Onward.

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