In Which We Learn That Hinderaker Prefers To Announce False Absolutes — So He Can Ignore Hard, And Nuanced Line Drawing…

In a piece that purports to “help” Elon figure out how to moderate content, Hinderaker says he is a free speech absolutist. But in the next paragraph, he says… “just kidding”. [Along the way, he congratulates himself for drafting a purely Orwellian “statute” that Minnesota rightly completely… ignored. And the Supremes (via the Florida version) declared flatly unconstitutional on its face. We reviewed it all, here in the Spring of 2022.]

In any event, all of these sidecars of his… purport to take him (and Elon) off the hook — for the real hard work — the hard work of deciding, for example, what is actually entailed in the predicate offense of “conspiring to commit terrorist acts.” [So the DHS and FBI will have to do that, I guess — and hope not to kill people in the process. When just muting a idiot might save lives?! Wow.]

In truth, this is something the federal and state courts have struggled with, since 9/11 in great measure — so for 22 long years, and mostly on a retrospective, not prospective basis. These lines are exceedingly difficult to parse — especially in a fairly free-wheeling society of ordered liberty, like ours.

But John sweeps it all away, so he can take a pot-shot, at what (he imagines) “liberals” think. No shading; no gradation — just his “my way or the highway” views. Charming.

I will note that John expressly supported the whyte supremacist goons who were plotting to kidnap the sitting Governor of Michigan, about 25 months ago. He said that they were entrapped; that they were only expressing “dissent” against the “terror” of COVID-19 abatement measures. So we well-know… he cannot be trusted to draw these difficult lines.

Here is his nonsense “axiom”, in full:

…I don’t think the issue of content moderation on a social media platform is particularly hard to resolve. First of all, on reflection anyone — including more-or-less absolutists like Musk and me — will agree that some content moderation is necessary. Bots should be banned, child pornography should not be permitted, users should not be allowed to conspire to commit terrorist acts….

So — to sum up — John Hinderaker has no idea of how to do this, even in the US — and is way out of his depth for running a service that hosts German-, French- and British- citizens (as just three examples)… where the law is not so free-wheeling. [Consider here, the quite sensible German laws (given its not-so distant history) against praising Nazi ideals, or symbology, for example.]

My advice for Elon? Good luck, Elon — you’ll need it. You were stupid enough to fire 90% of what was working. Now you’ll have a cloudy, dying $44 billion snow globe on your mantle by Xmas, as advertisers depart, en masse.

Hilarious.

Hints To Tangerine Lawyers: Don’t Try To Lie To Jack Smith, On The Law…

So… In the Eleventh Circuit, after oral argument — Mr. Trusty tried to cite additional authority by letter, to effectively say that there is settled law for what Cannon did, in Miami. There isn’t.

Hers was a purely… flight off of any US federally-chartered map.

And Jack Smith just called Trusty out, for misrepresenting the facts in a prior New York Southern District case. So, Jack Smith, as Special Counsel, is these guys’ worst nightmare, thus:

“…Plaintiff asserts that In re Search Warrants Executed on April 28, 2021, No. 21-mc-425 (S.D.N.Y.), is an example of a case in which “a court has previously asserted equitable jurisdiction to enjoin the government from using seized materials in an investigation pending review by a special master.” 11/23/22 Trusty 28( j) Letter, at 1. That is incorrect.

As plaintiff recognizes, the court did not “enjoin the government,” id.; instead, the government itself volunteered that approach. Moreover, the records there were seized from an attorney’s office, the review was conducted on a rolling basis, and the case did not involve a separate civil proceeding invoking a district court’s anomalous jurisdiction. Cf. In the Matter of Search Warrants Executed on April 9, 2018, No. 18-mj-3161 (S.D.N.Y.) (involving similar circumstances).

None of those is true here….”

Yours truly,
JACK SMITH
Special Counsel

These Trumpians are dead in the water, and many of the lawyers representing him have put their own law licenses in jeopardy, in trying to please an inveterate liar.

And… I. Love. It.

Scott And John: We Think All GOP Election Losses… Are “UN-Fair”!

This is what is left of the GOP brand: declaring only elections that Republicans win are… fair.

And alleging fraud, whenever they lose.

Now it even goes to the structure of state decisions, on how to elect. Since Palin lost in Alaska, on a ranked choice vote — one plainly chosen by the people of Alaska, a few cycles ago… Scott claims it is not fair to GOP voters and views.

Quintessential whiners’ behavior:

These decrepit, addled, and embittered mediocre whyte boys are… so precious to behold.

Glad they are a dying breed — and brand.

Happy turkey day, one and all — here at above right are your gobblers!

I Will Be Busy With Family Stuff, But At 2 PM Yesterday, The Eleventh Circuit Heard Argument… And Was Skeptical Of Tangerine, On Mar-A-Lago “Top Secrets”.

Do follow EmptyWheel, both on her blog, and her feed on Mastodon Social (the grown-ups’ version of Twitter), to stay up to date.

She will have the most cogent insights over the holiday weekend — by a wide margin. From yesterday, then — a bit:

…[Judges] Grant and Brasher were on the panel that already held that Cannon erred in intervening given that there was no evidence of callous disregard for Trump’s rights, so I fancy DOJ’s chances….

For the reasons I laid out here, the decision the 11th Circuit makes, and how quickly they make it, will dictate how quickly DOJ could charge the stolen document case. DOJ likely has already discussed what documents they could charge without creating more national security damage….

Onward. But hilariously, she points out that yesterday, as if to prove egregious injuries — the Baby T. lawyers complained that the DoJ took Tangerine’s autographed Celine Dion photo. [It has since been returned.] Damn!

Now you know — Tangerine is plainly in sinking ship mode. And that makes me… smile.

नमस्ते

Supremes’ “Shadow Docket”: Tangerine’s IRS Filings To Be Shared With Congressional Committees, Now.

Couldn’t happen to a nicer guy.

Really. Here’s the full order:

…TRUMP, DONALD J., ET AL. V. COMM. ON WAYS AND MEANS, ET AL.

…The application for stay of the mandate presented to The Chief Justice and by him referred to the Court is denied. The order heretofore entered by The Chief Justice is vacated….

Yup. He’s gonna’ go through some… things. Grin.

नमस्ते

’60s TRIVIA: Actually, John — That Was Just The “Marlboro Man’s” Theme — A ’60s-’70s TV Commercial Soundtrack.

Hinderaker is apparently in London, at the moment.

He just saw some true British pageantry, as the South Africans come in for an official state visit, at Buckingham — to see Charles among others.

And he heard the British military band play a song he thought was from a movie, or a Western TV series….

In fact, it was the theme for the Marlboro cigarette commercials (yes, kids, we as grade schoolers watched enthralled, as above — we dutifully learned that truly rugged Western mountain cowpokes all preferred… cigarettes made by Marlboro. And we’d smoke ’em — in our own private planes — ones we’d fly ourselves, with our fetching blonde mates, no less. Damn — what an age that was!)….

You’re welcome.

Enjoy the show, John.

UPDATE: Shamed Into It, Alabama’s GOP Governor “Pauses” All Executions…

While this is good news… it is disgusting that it took a series of botched executions to get here.

And “botched” is far too kind a term for what — in at least two cases — occurred. What occurred… was torture. Barbarous, hours-long torture. Here’s the latest:

…[GOP] Alabama Gov. Kay Ivey sought a pause in executions and ordered a “top-to-bottom” review of the state’s capital punishment system Monday after an unprecedented third failed lethal injection.

Ivey’s office issued a statement saying she had both asked Attorney General Steve Marshall to withdraw motions seeking execution dates for two inmates and requested that the Department of Corrections undertake a full review of the state’s execution process….

But this does mean that Clarence Thomas will not, for quite a while now, be able to… kill Kenneth Smith with a stroke of his mighty pen. Out.

नमस्ते

I’ll Treat Hinderaker’s EV Remarks With All The Gravitas They Merit: NONE.

John today (again!) suggests there is no market, minus government subsidies, for Mr. Musk’s screamer electric speedsters.

This is transparently silly.

Let us suppose, just for fun — that John is right, that electric vehicles do not reduce the carbon footprint involved in personal transportation. [All we really know from John’s musings… is that he’s never driven a Tesla P85 in “Ludicrous mode”.]

Let us further suppose that the people who most like to go crazy fast in their cars… also (unsurprisingly) aren’t much interested in reduced carbon footprints. [Note: it doesn’t matter whether I think Musk’s cars are good (or bad) for the environment, in this telling. The point is… many still find them valuable, either way.]

And let us finally agree that many of these same lead-footed testosterone soaked whyte guys are… pretty wealthy — i-bankers, lawyers, MBAs and young plastic surgeons (for example).

It defies logic that they would shy away from buying a $110,000 P85 super-stomped — one that blows the doors off of almost every production gas-consuming vehicle on the road today.

The environment? They don’t give a crap, true. They just wanna go zero to 80 mph in under four seconds.

And they can. And they WILL pay for that privilege.

So again, all we’ve learned here… is that Hinderaker has never mashed the pedal to the floor in a Tesla P85, fully charged… in “Ludicrous” mode.

Yeh — John knows next to nothing about next to everything… any more.

No surprise there.

Merck To Pay ~$1.35 Billion For All Of Imago Biosciences — Getting A Bone Marrow Cancer Candidate, And A Pipeline…

Just to keep the old narrative arc / thread fresh — from the power-alley: this builds out more of a “future” oncology pipeline, in the main.

Of course, pembrolizumab is chugging along, mightily. But at some point near 2030. . . it may see a form of patent cliff in the US, so these add-on / add-in therapies for oncology / R&D candidates portfolios (like Acceleron’s and Imago’s) make sense — to hedge the bets. Here’s the latest:

…[Merck on] Monday [said] it will acquire cancer drug developer Imago BioSciences Inc… for a total equity value of $1.35 billion to expand its portfolio of blood disorder treatments.

The drugmaker’s offer of $36 per share in cash for Imago represents a nearly 107% premium to the company’s last close. Imago’s shares more than doubled in premarket trading to $35.65….

Now you know… still completely numb about Colorado Springs… these gun merchants… how do they live with themselves, as purely merchants of death — for both the evil, and mentally-ill people they more than occasionally… cater to? Good lord.

नमस्ते

The Colo. Springs Nightclub Shooter Is The Grandson Of GOP CA State Legislator…

Grandad was a vocal supporter of the 01.06.2021 nuts.

He remains a 2020 election denier:

…BOMBSHELL: The 22-year-old Colorado Springs mass shooter is the grandson of GOP California State Assemblyman @RandyVoepel from San Diego, who is also a staunch supporter of the 1/6 insurrection. 7:13 PM · Nov 20, 2022 · Twitter for iPhone….

And now his grandson is… a mass murderer — after targeting / injuring 25 and killing five, in a Colorado Springs club that caters to people who are gay and lesbian.

D A M N.