Author: condor

CA Gov. Newsom’s Muscular 67 Page Brief Is On File, In The Tariffs Challenge — In The Ninth Cir. It Should Win The Day.

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Team Tangerine 2.0 thinks that a state government — here, the State of California — must bring this claim inside the private party / local commerce disputes mechanism (called the ICT) — in DC. That contention is silly, with all due respect. This is not some small contract dispute between two private shoe-makers. This is a state v. fed / dispute, of grave Constitutional dimensions.

The entire state of California — a sovereign entity, itself — asserts (correctly) that Trump acting alone, cannot lay or collect any tax — not without a separate Act of the Congress, which holds that sole power in the Constitution. And make no mistake: this tariff regime is plainly a new tax, on all California businesses. Not just one, or a few.

Here’s the very well reasoned 67 pager in full — and a bit:

…The Constitution assigns the power to impose tariffs exclusively to Congress. U.S. Const. art. I, § 8, cl. 1 (“The Congress shall have Power To lay and collect Taxes, Duties, Imports and Excises…”). The President has no independent authority to impose or alter tariffs. See Youngstown, 343 U.S. at 585. Congress has delegated certain tariff authority to the President in a series of statutory enactments codified under Title 19 of the U.S. Code, which is denominated “Customs Duties.” See 19 U.S.C. §§ 1338, 1862, 2132(a), 2253, 2411-2419. Those statutes expressly delegate the power to impose tariffs, and then carefully circumscribe the President’s exercise of that power. For instance, Section 338 of the Tariff Act of 1930 explicitly grants the President the authority to “declare new or additional duties” on imports from countries that have discriminated against U.S. products or commerce, but only after a 30-day waiting period and only up to 50 percent ad valorem. 19 U.S.C. § 1338(a), (d), (e). Similarly, Section 122 of the Trade Act of 1974 explicitly authorizes the President to impose “duties” on imports in order “to deal with large and serious United States balance-of-payments deficits,” but only for “a period not exceeding 150 days”….

The President may… negotiate trade agreements addressing tariff rates on behalf of the United States under a Trade Promotion Authority, but any such agreement only becomes law through implementing legislation. See Christopher A. Casey & Cathleen D. Cimino-Isaacs, Cong. Rsch. Serv., IF 10038, Trade Promotion Authority 1 (Feb. 20, 2024)….

One further tension between defendants’ interpretation and the statutory context: Section 1702(a)(1)(B) of IEEPA applies only to “property in which any foreign country or a national thereof has any interest,” 50 U.S.C. § 1702(a)(1)(B) (emphasis added). Yet tariffs are often paid on property in which a foreign country or national no longer has any interest because the property has already entered the United States and been taken under the full control of the U.S. importer at the time the U.S. importer pays the tariff. See, e.g., U.S. Customs & Border Protection, Entry Summary and Post Release Processes… (last modified Apr. 10, 2025); Learning Res., 2025 WL 1525376, at *10….

Onward — Trump’s lawyers are among the least competent — at any level of government — we’ve ever seen in public life, almost to a person [in Trump 1.0, Ty Cobb… was perhaps the sole exception]. But overall, no surprise there: low-brow people… attract low-brow help. That has been endlessly been shown to be true.

On now, to a great night under the stars… joy, lies ahead. Smile….

नमस्ते

Noem ADMITS Overnight She Knew The USDC Judge In NJ Said “No Reporting” — For Mr. Khalil — But Continues To Act, Against That Order.

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This willful obstruction of justice — as to a man whose sole purported “offense” was that he peacefully attended a Columbia U rally where he expressed his views. Ones the Tangerine 2.0 / Rubio / Miller / Noem / Bondi morons… disfavor.

Now after almost three months in a hellhole in Jena, Louisiana, Noem seeks to make him an “internal exile” candidate — by requiring his in person reporting, monthly, to DHS in New Jersey. This despite a clear order from the bench that he NEED NOT ever do so. Damn — here’s Noem’s own admission, on the public docket overnight. . . that she knows she cannot try to make him periodically report:

…The Court set forth multiple conditions for release in its text order, but the order does not memorialize its oral statement that it did not intend to require Khalil to report to U.S. Immigration and Customs Enforcement (ICE). Compare ECF No. 317 with Hearing Tr. at 22:12-15….

Insane — but onward, resolutely — to Ravinia tonight, just the same. Out.

नमस्ते

The Latest ESA Sentinel Mission Lifted Off, At 23:04 Central European Time On Tuesday, 1 July… Excellent! [That’s 6:04 PM US East Coast Time, This Evening.]

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As we mentioned on Sunday — we are enthused to have returned from our evening engagement to see that the ESA team performed flawlessly.

The package is now in a stable low-Earth orbit — and drawing more than adequate solar power to run all mission ops. Woot — here’s a bit, of the latest:

…The MTG-S1 satellite has been designed to generate a completely new type of data product, especially suited to nowcasting rapidly evolving storms, with three-dimensional views of the atmosphere. Its Infrared Sounder will be the first European hyperspectral sounding instrument in geostationary orbit, allowing it to hover over Europe….

ESA’s Director of Earth Observation Programmes, Simonetta Cheli, said, “These two groundbreaking missions are set to change the way we forecast both severe weather and the quality of air over Europe. It is thanks to the outstanding work our teams have done with Eumetsat, the European Commission and dozens of European industry partners, that we are able to now look forward to more accurate and timely ways of predicting storm events and air pollution….”

MTG-S1 and Copernicus Sentinel-4 were launched on Tuesday, 1 July, by SpaceX on a Falcon 9 rocket, from Cape Canaveral in Florida, US. Lift off was at 23:04 CEST (17:04 local time). Acquisition of signal was confirmed at 23:39 CEST, followed by deployment of the satellite’s solar arrays, indicating that the mission now has sufficient power….

Onward to a night under the stars tomorrow evening — a huge picnic, with lots of old friends, the CSO and Nas, and the baby girls. Sweet.

नमस्ते

Good Grief! These Noemites Are A Pedantic Bunch: Khalil Being Asked To Explain Plain English Orders To Team Tangerine 2.0?!

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You’ll recall the Mr. Khalil is free on $1 bail/bond. He is residing in NYC under the protection of a federal injunctive decree.

Overnight, the Noem / Bondi / Trump 2.0 team said they cannot read… English. That is, they do not believe the injunction stops them from doing whatever they want. Here’s the complaint to the able USDC Judge in NJ — just docketed by Mr. Khalil’s fine team of lawyers — and a bit:

…As directed, Petitioner’s [Khalil’s] counsel conferred with [Noem’s] Respondents’ counsel following oral argument to ascertain Respondents’ understanding of this Court’s order. On June 27, Respondents’ counsel wrote the undersigned that while “[t]he Court’s order does preliminarily enjoin the Government from seeking to remove Petitioner from the United States based on the determination,” Respondents “understand that to mean actual physical removal from the United States,” and that nothing in the order prevents them from “continuing to litigate the removability charge [based on the Secretary of State’s determination] through the normal course of removal proceedings.” Ex. D, DOJ Email. Respondents also stated that “the Court’s PI order is prospective.” Id.

Petitioner respectfully submits that this interpretation cannot be squared with the plain terms of this Court’s order. “Seeking to remove” does not mean the same thing as “remove.” The former phrase encompasses any DHS pursuit of removal based on the Secretary of State’s determination and the immigration judge’s consideration of the determination, not just the final action of a removal based on the likely unconstitutional removal charge. See, e.g., ECF 299 at 2 (“The Department of Homeland Security is seeking to remove him from the United States on two grounds.”). It is Petitioner’s position that both continued DHS reliance on the Secretary of State’s determination in removal proceedings and the immigration judge’s rulings based on that same determination impermissibly seek to remove Mr. Khalil based on the Secretary of State’s determination and are therefore inconsistent with this Court’s order. See Oral Arg. Tr. 36:22-23 (June 20, 2025) (“THE COURT: There are two charges here and one of them has been enjoined.”); id. at 5:4-8 (“What happened a week ago [is]… I preliminarily enjoined… efforts to remove as to the Secretary of State’s determination as to the petitioner here.”)….

[And of course, the mentioned] immigration judge is an employee of the Executive Office for Immigration Review, a component of the U.S. Department of Justice. She wields authority derived from — and answers to — Attorney General Pam Bondi, a respondent in this matter. Accordingly, the immigration judge is subject to this Court’s orders in this matter, including its June 11 preliminary injunction….

These people — geez. The plain English couldn’t be… plainer. The able USDC Judge will straighten the wheels on their little red wagon, right out — for them, and likely before the Fourth. Out.

नमस्ते

So, For Paul — Principles No Longer Matter?! “Just Find The Center…?” Yikes.

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Even so, I will accept Mirengoff’s conclusion — as valid and genuine: this is a terribly misguided monstrosity.

And Trump doesn’t care — and he is not even trying to find a “political center” — in the US electorate.

Damn.

Here’s Paul’s, this morning:

…But political exigencies shouldn’t obscure the fact that this is very bad legislation.

I’ll conclude by returning to the question of whether Trump has found the political center here. The evidence suggests he has not.

A Washington Post / Ipsos poll found that Americans oppose Trump’s bill by almost a 2-1 margin. A good deal of this opposition comes from those concerned about the bill’s effect on the social safety net. However, 63 percent said that the estimated $3 trillion increase to the national debt is “unacceptable.” (Only 13 percent found it “acceptable.”)

Perhaps tax increases might have been even less acceptable [Editor’s correcting note — it does impose new taxes on all middle to lower income Americans]. But the fiscal irresponsibility of the Big Bill has not gone unnoticed by voters and apparently voters don’t take it lightly….

Um… yup, Paulie is right. He’s just over three years, and a few trillion short — in taking his supposed stand. All of this was well known by 2020, actually — as to where Ole’ Trumpie was heading. Ugh.

Power Alley: CIDRAP’s Latest In-Africa Summary — Of Mpox, As Of July 1 2025…

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As ever — with viral outbreaks / epidemics, it is two steps forward — one, back.

Still the trends are mostly improving. And wide-ranging in the field studies of the vaccine candidate are underway, in the most vulnerable populations. Here’s the latest:

…Sierra Leone is still averaging about 500 cases a week, and a high test-positivity rate (91%) suggests that more active surveillance efforts are needed. Boum said that Africa CDC will deploy 200 community health workers to help with active case detection and contact tracing.

A consistent downward trend has also been reported in two other epicenters, the Democratic Republic of the Congo (DRC) and Uganda. [Hoever,] Boum said testing remains a challenge in the DRC, where 97.5% of cases are reported from six of the country’s provinces. Uganda’s cases were up a bit, but the area is stabilizing, with no new cases reported from Kampala over the past few weeks….

Elsewhere, Togo has reported a steady rise in cases over the last three weeks that prompted the deployment of an Africa CDC incident-management support team to assist with surveillance, infection prevention and control, and lab capacity….

Now you know. Onward, resolutely.

नमस्ते

Those Two Utterly Mediocre Jr. High Level [Whyte] Bully Boys… Are Calling Each Other Bad Words, Again… Y A W N.

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But don’t misunderstand: this is real politics. And I am here for it — as opposed to lock step autocracy.

I wish the debate was more about policies, and less about fake-TV personalities — but, truly… it is well-past time that someone spoke up — with hundreds of billions to spend — against the lunacy that is… Trumpism. So bring it on, I say — let’s tank this ugly monstrosity of a bill:

…Elon Musk’s feud with President Donald Trump — and seemingly any congressional Republicans who support the president’s massive… spending package — has reignited, with the tech billionaire threatening to launch a new political party, and Trump suggesting Musk could be punished for his opposition.

The dispute has laid bare not only the differences between the Republican president and one of his most vociferous one-time advocates, but also has reignited the possibility that the world’s richest man will — along with his billions — reenter the political spending arena….

Musk is saying he’ll create a third party if the bill passes in this form — that third party will primary every legislator who votes for it. Excellent! I’ll take support from wherever offered.

Onward, grinning. [Nas — at Ravinia on tap for a picnic dinner, with my lil’ girls, tomorrow night! Woot!]

नमस्ते

“Irony, That’s For Me!” Dept.: So, Kristi Noem Disclosed Abrego’s FAMILY’s Home Address — Causing Death Threats Two Months Ago… And, Now She Wants “Protection” For HER Witnesses?!

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There were actually two new filings — one in Nashville, and one in Maryland, this late afternoon. The Maryland one simply explains why Noem cannot force a dismissal of Abrego’s habeas claims (as purportedly mooted). He remains held, in federal custody, tonight. [And plainly this was in violation of his original due process rights, now three months ago.]

The other filing, in Nashville — is interesting (and candidly should be granted to protect witnesses). We are fair-minded. The FACT that Noem endangered his wife and child by disclosing their Maryland home address does not mean that witnesses for the government should be “open season”. Not at all. Let the jury decide, I say — without fear or favor.

But it is. . . ironic — that now Noem wants to protect her “cooperating” witnesses — some of whom have (almost certainly) been given immunity from deportation, to hellhole / El Salvadoran prisons — in return for their “testimony” against Mr. Abrego Garcia, in Nashville.

In any event, here is the government’s / Noemites’ palpably ironic motion, tonight — and a bit:

…Counsel for the Government has conferred with counsel for the defendant regarding the
proposed protective order, and they authorized the Government to report that [Abrego Garcia] defendant opposes this motion….

Significantly, the discovery includes sensitive information, including information revealing the identity of… witnesses. Indeed, the charges at issue by nature implicate… privacy and safety rights…. 18 U.S.C. § 3771(a)(1), (8)….

Ironic — indeed, as I say. But let the truth come out. Let… justice be done.
I suspect the facts will show a strong motivation for these witnesses to make up lies — to curry favor — in their own deportation hearings. [We will also note that there are MSM reports tonight that while a GOP/MAGA Governor in the Dakotas, Noem had dark money pay her personal company $80,000 — which she’s (allegedly) never disclosed. If proved, that’s a federal level felony, today. Damn.]

Onward.

नमस्ते

All Very Odd — Or Perhaps Not So — That Hinderaker Would Reach Back 160 Years, To Elevate Gen. Lee, Over Gen. Grant.

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Honestly — we know — with John, “the thing ALWAYS speaks for itself.”

Res Ipsa, indeed — that he would have to quote Eisenhower, in his defense / elevation… is as telling as any other facet of his boot-licking, for the Confederate Gen. Lee.

Eisenhower, for his part, back in the early 1950s — and thus now nearly 78 years ago… would say we must understand Lee “in his historical context” (i.e., the Dred Scott decision — that African Americans were only 3/5ths human — at all!). . . is scarcely redeeming, John.

After all, better men — like Ulysses Grant, specifically and Lincoln and others… had by 1860 figured out that Dred Scott was egregiously wrongly decided. Ulysses S. Grant then went on to lead the Union forces — essentially redefining modern field warfare. [Oh — and by the way, John — he… WON!] And he was right — on the history. Utterly the opposite of… Gen. Lee (who was universally regarded as particularly cruel — to the people — men, women and children… he personally had enslaved).

So, it is simply precious… that John has NEVER written to praise Grant — the Union victor — and moral champion — for saving the Union.

But since we know Hinderaker is a dyed in the wool racist… it is entirely… unsurprising.

Precious — but unsurprising.

Out.

USDC Mag. Judge Holmes In Nashville Agrees: Abrego Garcia’s “Due Process” Arguments Grant Him A Measure Of Timing / Control, In The Tennessee Proceedings.

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Mr. Abrego Garcia will now — by USDC order — remain in the essentially “protected custody” of the Middle District of Tennessee, pending more litigation (in Maryland, before USDC Judge Xinis) — about his habeas / release / bail / bond rights.

This is good news, given the ongoing prevarications from the AUSAs in those two courts — and from Noem / Rubio, themselves. Here’s today’s order — just entered — and a bit (I may need to be back in Nashville on the 16th, then):

…Essentially, Abrego seeks the due process to which he is constitutionally and statutorily entitled, namely whether the government can make the necessary showing under the Bail Reform Act for his detention pending trial.

The District Judge recognized the import of this determination in his June 25, 2025 Memorandum Opinion:

“While the Court agrees with the premise that Abrego will likely be detained by DHS, it departs from the Government’s position that the Executive Branch’s pursuit of Abrego on multiple fronts somehow renders these proceedings academic. This forgoes the basic tenets of due process and judiciary diligence underlying Article III….”

On order of a court of the United States or on request of an attorney for the government, the person in charge of the facility where Abrego remains shall deliver Abrego to the United States Marshal for purposes of an appearance in connection with a court proceeding, including specifically but without limitation, the evidentiary hearing set for July 16, 2025 in this case.

It is SO ORDERED….

Onward — resolutely — to either Nashville or the Rockies by the night of the 15th — or… to both, actually. Heh.

नमस्ते