Author: condor

In Which Mirengoff Tries To Mis-Label A Jarring Texas Shift In The Electorate… As “Woke”. Nope. It’s… “Sanity”.

~ condor ~ 2 Comments

The issue here is not that Texas is going “woke“ — whatever nonsense Paul might mean by that term — no, the issue is that Texans are sick to death of Abbott / Paxson MAGA / GOP corruption culture (one party rule), with its brown people demonization — and no real affordable health care — on top of runaway, wildly-expensive electricity — because GOP oligarchs (have since ENRON controlled, and still) control the monopoly electric grid (disconnected from all other states) for private profit — not universal access.

That is primarily (see what I did there?!) what explains “new” Democrats winning in Texas’s formerly ruby red districts.

Paul mentions “gun-boat diplomacy” — as though it is a vestige of the late 19th Century — and in the same breath, talks Venezuela (wildly claiming that it was… not). INSANE. Trump took out the head of state, and is trying to control a ruling junta — NO ELECTIONS — not “just” floating gun-boats by the harbors.

This theory is much worse than gun-boat diplomacy.

Paul must have missed that he said, on successive days, no less — that the guys he wanted to lead in Iran, post war… were all killed by him — and Bibi.

Then just a day later, he said the bombing “won’t end” until every last Iranian puts down their guns and walks away. “Total unconditional surrender” he called it. The man is… senile. And banal. As all evil ever is.

How will he and Bibi know that every last soldier is done fighting?! This is why you leave the head of state, so that they might enforce a “surrender” of the Iranian troops.

This is what the majority of the American electorate sees: Trump is a nine-year old, leaning over an ant hill, on a sunny day — with a magnifying glass to burn everything that comes out of the hole.

Not even one thought ahead — for what comes next.

That’s the issue, Paul — and the midterm results will prove it.

In Merck Vs. Merck Name Fight — Global Mediation Ahead — Trial Date Temporarily Stayed… [Power-Alley]

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I am well-gratified to see this (finally). It has been a long time coming, but it makes a lot of sense. And it may yet… fail.

But… in at least some important ways, this federal Lanham Act name fight… is a humongous… “divorce” — and subsequent splitting of IP assets. A mediation allows both sides to win on certain points — and concede some — without losing it all. Not a “zero sum game.” Or, so it is hoped. Here’s that:

…Dear Judge Hammer:

We, along with Sidley Austin LLP, represent Plaintiffs Merck & Co., Inc. and Merck Sharp & Dohme Corp. in the above-referenced matter. We write on behalf of all parties to submit this joint status report regarding the selection of a mediator pursuant to the Court’s February 19, 2026 Order. (ECF No. 316).

The parties have met and conferred and agree to the selection of Judge Faith S. Hochberg as mediator for global mediation.

Each side has counsel who are familiar with Judge Hochberg through her longstanding presence within the legal community. The parties have disclosed to each other specific circumstances of the prior contacts described below and agree they do not present any conflict to this mediation.

Plaintiffs’ counsel had a brief contact with Judge Hochberg for the Malaysia case between the parties in December 2023. Plaintiffs were looking for an expert on New Jersey contract law for that matter. Plaintiffs’ counsel asked Judge Hochberg whether her consulting services include such expert work. She was not able to take on that engagement. No documents or substantive information were shared with her, and no further discussions occurred.

Defendant’s counsel, Judge Stephen M. Orlofsky, knows Judge Hochberg, as they were colleagues and friends on the bench. Since leaving the bench, Judge Orlofsky and Judge Hochberg have sat on arbitration panels together. All of those arbitrations are concluded and involved different parties and different issues. Judge Orlofsky has never discussed this case with Judge Hochberg and does not see any of this as presenting a conflict.

We appreciate the Court’s assistance with this matter….

This is a genuinely… encouraging development — in the decades of open litigation, around the globe. Onward.

नमस्ते

Johnson — Goes “Down, For A Third Time”: And “The Song Remains The Same”!

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That’s… THREE times, of lying by omission (in a week) — about the ability US attorneys to make a noisy withdrawal, when their clients intentionally violate federal court orders. Repeatedly.

I titled the original version of this post “Lies, damn lies, and then there’s… Scott Johnson.”

I rerun it now in full — since he and the Kelly lady (also a MN lawyer, apparently) refuse to accurately present the framing around the dangers of ICE / DHS holding on to a detainee’s papers (after a habeas grant) that establish the rights to be here.

Let’s drop them both in Moscow or Beijing, without papers… and see how long it takes — before they are in a Gulag or a reeducation camp.

Cheers, you racist losers.

[Original item:]

Now, twice this week — even after sitting in the well, and listening to not one, but two multi-hour federal District Court civil contempt hearings in Minneapolis (largely because… his friends are in danger of… the same civil contempt), Scott turns up falsely framing the whole narrative as a tempest in a teapot, because some “misplaced” prisoner property was not immediately returned on release, under issued writs of habeas corpus. [His prior lies, here.]

Scott conveniently never mentions that the “property” is not underwear or shoelaces. Or even watches or wallets.

No, the “property NOT returned“… is, in each case, the papers that prove the wrongly-detained person is here in the USA… LAWFULLY.

What a damn liar he is.

Imagine that Scott is traveling in Russia. Or China. Further imagine that the local authorities detain him for spitting on a sidewalk (something video evidence proves he DID NOT do). Now, he miraculously gets in front of a real judge — and with the US Consulate, is able to secure his release. But the KGB [or Chinese Secret Police] “releases” him, minus his US passport — despite an express order (from this entirely-mythical judge) to give him back his passport (so he can safely walk the streets to the American Embassy — and in further mythical story-telling, fly home).

Nope — he’s now subject to immediate re-arrest, on the street, for not being able to prove he’s in the country lawfully — without his papers. So right back to Siberia [or another hell-hole] he goes.

[I suspect he’d not style that “a lost shoe-laces” case.]

Yeah, Scott — that is what these cases are about.

The federal judges expressly ordered that these detainees are not to be re-arrested, but their ability to avoid being profiled and re-detained, and shoved off to El Paso without a hearing… all hinges on having their PAPERS.

You, son — are an a$$hole — and a wanna’-be brown-shirt.

These MAGA AUSAs have a clear choice: they can tell their lawless clients that they won’t participate in frauds on the courts — and withdraw their appearance. They can dare Trump to fire them.

They can also make a noisy withdrawal, and say their clients are refusing to obey court orders.

Then they are protected from Trump retaliation.

So — yes Scott… they CHOOSE to be subject to contempt. Idiot.

Shut it.

It Is A Complex [Indicative] Ruling — But It Means The Minn. Federal Class Action, Against Noem/ICE Continues…

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As expected, the able District Court Judge Menendez has ruled, this evening.

She has given the upper court [Eighth Cir.] the ability to dispose of the appeal — which is always preferred, where no live issue still exists, as the basis for the appeal.

Sorry, Noemites — you are going to lose — again. From the indicative ruling then:

…Defendants’ arguments to the contrary are unpersuasive. First, Defendants emphasize that the Injunction covers plaintiffs who “record, observe, and/or protest Operation Metro Surge and related operations that have been ongoing in this District since December 4, 2025.” (Id. at 81 ¶ 1 (emphasis added).) But Defendants’ focus on “and related operations” strips this clause of its context. The plain language of the Injunction — both in its discussion of the Court’s limitations as to breadth and in the decretal language — clearly ties it to OMS, which is now over. Moreover, Defendants’ reading would vitiate any temporal limit whatsoever on the Injunction, which is far from the limited order the Court intended….

Defendants oppose dissolution of the Injunction because Plaintiffs refuse to dismiss the case as a whole. They argue that “if the preliminary injunction is moot, then so is Plaintiffs’ First Amended Complaint.” (Dkt. 245 at 5.) According to Defendants, Plaintiffs are engaged in a “gambit” designed “to evade a potential adverse decision from the Eighth Circuit.” (Id. at 7.) Defendants’ argument that the case as a whole suffers from the same mootness issues that Plaintiffs ascribe to the Injunction is not without some force. It is not yet apparent whether there is, in fact, any daylight between the Plaintiffs’ assertion that the Injunction is moot and their anticipated position that there nevertheless remains a live case or controversy in the Amended Complaint. However, the issue of whether the entire case is now moot is not currently before the Court, and the Court declines to address it prematurely. Should the Eighth Circuit remand this matter to this Court so it can grant a motion to dissolve the Injunction, nothing will prevent Defendants from then arguing that the entire case should be dismissed on mootness grounds as well. The Court will cross that bridge when it comes to it. But the tension in Plaintiffs’ position on these issues does not preclude a finding that the end of OMS has rendered the January 16 Injunction moot….

For the reasons stated herein, IT IS HEREBY ORDERED that:

1. Plaintiffs’ Motion for an Indicative Ruling Pursuant to Federal Rule of Civil Procedure 62.1 (Dkt. 237) is GRANTED.

2. Pursuant to Rule 62.1, the Court indicates that it would grant a motion to dissolve the January 16, 2026 Preliminary Injunction (Dkt. 85) as moot if the Court of Appeals remands for that purpose….

The injunction is at an end, but the case continues in the trial courts — and the Eighth Circuit appeal is going to be dismissed, as the DHS/ICE appeal is now of a non-existent injunction. Got that? Cool.

To be clear, among other things, the plaintiffs are still owed damages for ICE’s past violation of their free speech and assembly rights — as well as the right to orders against any additional lawless ICE/DHS sweep operations, aimed at the same protesters/detainees (sans warrants).

Onward.

नमस्ते

If No Trial Court Ruling Comes This Evening, In Minneapolis On The Class Action Against ICE & Noem… The Eighth Cir. Will Then Resume Appeal Briefing Schedules…

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We will check back in after dinner tonight, to see if the district court has made an indicative ruling on the preliminary injunction, here.

This is to address the lawlessness by ICE/DHS under Bovino and Kristi Noem [both of whom have been relieved of their duties now] — lawlessness that culminated in the senseless deaths of Ms. Good and Mr. Pretti. This was a time completely out of control of the rule of law, in Minnesota. Here’s the latest:

…JUDGE ORDER:

After consideration of Plaintiffs-Appellees’ Motion to Stay Proceedings [5608452-2] and the Government’s response, the Court will hold this appeal in abeyance until March 6, 2026 pending an indicative ruling by the district court on a motion to dissolve the preliminary injunction. See Fed. R. Civ. Pro. 62.1.

If no indicative ruling is entered by that date or the district court denies such a motion, the appeal will proceed in due course.

Judge Stras would deny the motion to stay the appeal. Adp Jan 2026 [5609632] [26-1105]….

Now you know. Onward, resolutely — just the same.

नमस्ते

[U: Jurors’ Notes] I’ll Bet Martin Shkreli WILL NOT Be Called For The Second Trial — Jury Deadlocked. Wow.

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Of course, since the indictment alleges a three count set of felonies — there will be a retrial. Bank on that. [Trivially, here are the jury instructions, as given. Heh.]

The jury indicated it could not come to a verdict. And forgive me — but as of last night, I was wondering about a guilty as to the other two charges, and an acquittal (actually, a nullification) as to the alleged crimes against Martin Shkreli, himself.

We shall see — but that may mean that Martin won’t be a state’s witness, next time:

…Minute Entry for proceedings held before Judge Jacqueline Becerra:

Jury Trial as to Kevin Patrick Mulleady held on 3/5/2026. Day 4.

The Jury continued to deliberate and were given the Allen Charge [to keep deliberating]….

Mistrial declared as the Jurors could not come to a Verdict.

Trial completed. Jurors released.

New Trial to be set.

Total time in court: 7 hour(s).

Attorney Appearance(s): Jonathan Jacobson, Felipe Plechac-Diaz, Elizabeth Blair, Evan Lewis Kuhl, and Kathleen Ellen Mollison….

Condor’s observation: The jurors’ handwritten notes plainly confirm that they were deeply, irretrievably… divided, even after 10 hours.

Onward — now you know — the truth will always be far stranger….

नमस्ते

[U] Trump Demands “Surrender” — But He Killed The Leaders With Authority To… Surrender, In Iran.

~ condor ~ 1 Comment

The phrase “stupid is as stupid does” comes to mind…

Except that this man is… malignant — as well as as stupid.

Trump just demanded the “unconditional surrender” of Iran, in order to stop the bombings.

Six days ago, he killed the entire leadership team that would have had that authority, on behalf of the Iranian people, to execute an unconditional surrender.

This is exactly why you don’t take out heads of state: because then you’re left with no one to negotiate / enforce the putative surrender.

Trump himself said that the people he was hoping would lead… are all dead.

That makes it a little tough to figure out who could possibly offer a surrender that would hold.

The man has less than a third grade understanding of world affairs.

Updated — Friday late: Trump now says “surrender” happens when all Iranian troops put down their arms, and walk away.

This would be comical if it wasn’t so tragic: so every single soldier and navy swabbie and air force tech or captain… must completely… desert their posts, in order for the bombing to end?

Idiot. How will he know — how will he and Bibi monitor?! This is… disgustingly stupid — and lethal to our troops.

And so, our troops will continue dying — for this willful ignorance — day by day.

Damn.

Yep. There’s “Lies, Damn Lies… And Then, There’s… Scott Johnson”. Indeed.

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Now, twice this week — even after sitting in the well, and listening to not one, but two multi-hour federal District Court civil contempt hearings in Minneapolis (largely because… his friends are in danger of… the same civil contempt), Scott turns up falsely framing the whole narrative as a tempest in a teapot, because some “misplaced” prisoner property was not immediately returned on release, under issued writs of habeas corpus. [His prior lies, here.]

Scott conveniently never mentions that the “property” is not underwear or shoelaces. Or even watches or wallets.

No, the “property NOT returned“… is, in each case, the papers that prove the wrongly-detained person is here in the USA… LAWFULLY.

What a damn liar he is.

Imagine that Scott is traveling in Russia. Or China. Further imagine that the local authorities detain him for spitting on a sidewalk (something video evidence proves he DID NOT do). Now, he miraculously gets in front of a real judge — and with the US Consulate, is able to secure his release. But the KGB [or Chinese Secret Police] “releases” him, minus his US passport — despite an express order (from this entirely-mythical judge) to give him back his passport (so he can safely walk the streets to the American Embassy — and in further mythical story-telling, fly home).

Nope — he’s now subject to immediate re-arrest, on the street, for not being able to prove he’s in the country lawfully — without his papers. So right back to Siberia [or another hell-hole] he goes.

[I suspect he’d not style that “a lost shoe-laces” case.]

Yeah, Scott — that is what these cases are about.

The federal judges expressly ordered that these detainees are not to be re-arrested, but their ability to avoid being profiled and re-detained, and shoved off to El Paso without a hearing… all hinges on having their PAPERS.

You, son — are an a$$hole — and a wanna’-be brown-shirt.

These MAGA AUSAs have a clear choice: they can tell their lawless clients that they won’t participate in frauds on the courts — and withdraw their appearance. They can dare Trump to fire them.

They can also make a noisy withdrawal, and say their clients are refusing to obey court orders.

Then they are protected from Trump retaliation.

So — yes Scott… they CHOOSE to be subject to contempt. Idiot.

Shut it.

Gilead Now In Talks To Actually Manufacture AIDS Therapeutic In South Africa — As Well As Sell It, At A Discounted License Rate. Good On Them!

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This is on top of already discounted sales arrangements for Sunlenca® / Lenacapavir in about 120 emerging economy nations. And it is the responsible, moral and ethically-correct thing to do. The burden of AIDS remains staggering in much of the world — especially the areas least able to afford the next-gen therapeutics.

Here’s that from Reuters [but the more informed take belongs to my buddy Ed Silverman ($ subs. req.), over at Stat+ — do go read his, of yesterday].

…Gilead, a U.S. pharmaceutical company, granted six voluntary licences in 2024 to generic manufacturers across India, Egypt and Pakistan to produce and supply the drug ⁠to 120 low- and middle-income countries. These included South Africa, although there was criticism that no South African drugmakers were included.

A licence for a South African company would be the seventh such deal, potentially boosting access to a drug many HIV/AIDS experts have said could help bring an end to the 44-year-old pandemic by slashing the numbers of new infections.

Gilead said it has been open to adding an additional voluntary license for local manufacturing in Sub-Saharan Africa. “Gilead will review the proposals and assess ​whether required quality standards can be met before any voluntary license is granted,” the company said in an email….

Do well, by going good — indeed. Onward, smiling into a very London-, or Dublin-like morning again, here.

नमस्ते