Author: condor

To Be Clear: USDC Judge Ellis Is A Very Fine Judge — And She Will Likely Unseal Bovino’s Nonsense Here. She Just Needed A Formal Motion, To Be Able To So Order It.

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And indeed — because several of our erstwhile commenters have expressed interest in keeping abreast of the applicable press access / First Amendment law here, we offer the motion essentially in its entirety, in blue below. [These legal precepts appear in every one of the ten federal districts, but are often articulated under other case names.]

But all of them — nationwide — point back, to the Nixon era — and the so-called “Pentagon Papers case”, decided by the Supremes, in 1971. That is the modern touchstone.

So, without any additional ado — here is tonight’s motion from the local Chicago papers (acting in unison, as partners, to defend freedom), to seek to find out precisely what Byers swore to, under oath — in a sealed proceeding, on October 20 of this year, in Chicago — in connection with the now ruled to be lawless Operation Midway Blitz, led on the ground by Bovino — and ordered ultimately, by Kristi Noem:

…On October 20, 2025, ICE Deputy Field Office Director Shawn Byers, was set to testify in this case. Oct. 20, 2025 Tr. at 50:16-19. Prior to the start of his testimony, Defendants requested “a brief bench conference about something that [it would] like to discuss kind of with the Court before the next witness.” Oct. 20, 2025 Tr. 50:16-18.

The Court then cleared the Courtroom and the transcript at this point indicates that sealed proceedings were heard at sidebar. Oct. 20, 2025, Tr. 51:16.

The ensuing proceeding lasted approximately 30 minutes. During this time, reporters and members of the public were instructed to wait outside the courtroom. Once the hearing was re-opened, Mr. Byers began his testimony. Oct. 20, 2025, Tr. 61:8. As a result, the publicly-available transcript of this hearing contains approximately nine pages of redactions….

On November 11, 2025, Plaintiffs moved to unseal the October 20, 2025 transcript arguing that they “contend in this case that the government has invented false pretexts to justify its actions,” and that Defendants’ desire to keep the transcript sealed “prevents the public from learning about false representations that Defendants have made to this court.” Dkt. No. 183 at 2. Defendants did not respond to Plaintiffs’ motion and the court has not ruled on it.

Media Intervenors echo Plaintiffs’ concerns about the need for transparency in a case where the government has been accused of making false representations to the Court about its actions during Operation Midway Blitz.

There is a constitutional and common law presumption of access to court proceedings that can only be overcome by a showing that there is a compelling interest supporting closure and closure has been narrowly tailored to serve that interest. In re AP, 162 F.3d 503, 506 (7th Cir. 1998). If an overriding government interest is found, the court must provide a clear explanation of its reason for sealing on the record….

The public has a right to access court records, and that right is especially strong when the record informs a judicial decision. Union Oil Co. v. Leavell, 220 F.3d 562, 568 (7th Cir. 2000). This is because “[a]ny step that withdraws an element of the judicial process from public view makes the ensuing decision look more like a fiat, which requires compelling justification….”

“Secrecy in judicial proceedings is disfavored, as it makes it difficult for the public… to understand why a case was brought (and fought) and what exactly was at stake in it and was the outcome proper….”

WHEREFORE, Chicago Public Media, Inc., Chicago Sun-Times Media, Inc., and ChicagoTribune Company, LLC move this Court to unseal the entirety of the October 20, 2025 hearing transcript. Dated: December 19, 2025….

Now you know — and do be excellent to one another, now and always — namaste.

नमस्ते

Dumbest Hot Take On Latest (Dour) US Jobs Data — Ever?!

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Hinderaker simply dittos some of the dumbest economic writing put out in the last half century. He does so solely because it seeks to glorify Trump.

In this particularly preposterous segment, some would be MAGA-economist (hey! isn’t that… an oxymoron of some stripe?!) argues that the job numbers aren’t bad.

They’re actually good, he claims. He says they’re good because there were nearly 200,000 people laid off, from federal government jobs / steadily employed largely high wage workers.

So (they say!) when you just “forget about those 200,000 to 300,000 layoffs,” the nation actually saw a net gain of about 121,000 jobs. WTH?!

Obviously, that is monumentally… stupid.

What makes him think that people who worked for the federal government will stop eating, will stop consuming healthcare, will not seek public assistance — if they cannot find paying jobs?

The whole point here is they are all US citizens, and unlike the other claptrap that he offers (about many other unemployed people falsely voluntarily self-deporting…) In other words, they just “walked home” is his theory — to some other country. WTH?

Even then, it is silly — because the job number measures the strength of the US economy to create gainful employment at living wages, so that people will not need public assistance.

Damn. The stoopid — it burns.

John and his moronic copywriter try to convince their ever more moronic readers… that getting rid of 300,000 workers is a sign of strength in the economy.

They don’t even try to make any economic argument that would make sense. They just say… “don’t look… over there.”

Here is the nutty flavor of his particularly peculiar fudge:

…But control for Federal layoffs and we gained 121,000.

Control for deportations and we gained 300,000…

Yeh — this is the stuff of rainbow unicorns, John — yet he says this will mean we need to “look more closely” at future dour jobs data.

I guess he thinks his taxes will cover all these newly added folks — now onto the public dole. What a moron.

Two Very Large Long Term Wall Street Analysts Now Agree: The Merck “Patent Cliff (In 2028)” Narrative Was Mostly Fear / Hype. 12 Mo. Target? $130, On NYSE.

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Well… it is good to see that the high priced young MBAs on Wall & Broad are finally listening to the patent law experts: Merck will not have a crater event, in 2028 related to the pembrolizumab patents. As we’ve long said, the twice a year subcutaneous / injection version will. . . role out and extend through the mid-2030s minimum.

So now BMO has made Merck an “out-perform” in the pharma sector — and raised its 12 month price target on the name… to $130. That’s about a 30% forecasted return/gain, in a year. Sweet. BMO is right:

…[Merck was] upgraded by analysts at BMO Capital Markets from a “market perform” rating to an “outperform” rating in a research report issued to clients and investors on Thursday,Benzinga reports. The brokerage currently has a $130.00 price objective on the stock, up from their previous price objective of $82.00. BMO Capital Markets’ target price suggests a potential upside of 31.07% from the company’s current price….

[And last week, on] December 12, Morgan Stanley lifted its price target on Merck. . . to $102.. The firm kept an Equal Weight rating on the stock. In its 2026 outlook for the biopharma space, the firm said many of the policy concerns that weighed on the sector this year are likely to fade, allowing investors to shift their attention back to company fundamentals….

Now you know. Onward. As we long said — the cliff was always really just a… speed bump. Out.

नमस्ते

Friday Fun: 3I/ATLAS Made Its “Closest” Pass, By Earth (@ ~168 Million Miles Off) At About 1 AM EST This Morning — Now Headed Off, Eventually, For Interstellar Sapce…

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We bid this lil’ visitor adieu, though several Earth based telescopes hope to host “live streams” later tonight, since the skies last night over Hawaii were under cloud cover. The island’s telescope will still get good eyes on it, weather permitting, tonight.

And so now we will await the download of the JWST imagery, which should come in a few weeks, and should definitively put to bed Harvard’s Prof. Avi Loeb’s oddball theory — no, this was no spaceship. No intelligent design in evidence. It was a simple comet of interstellar origin, traveling for billions of years at this point — but now on zipping onward, on its entirely natural (gravity influenced) trek through the Milky Way.

Like the speedy visitor of 2017, called Oumuamua — this one has captured the imagination of many an amateur backyard telescope enthusiast. Here’s the latest, as we get packed for the upcoming meteor shower we will witness with our own backyard ‘scope, in Arizona by tomorrow night:

…Our interstellar visitor has officially passed its closest approach to Earth and is now heading back out toward the outer solar system — and eventually beyond.

On Dec. 19, comet 3I/ATLAS came within about 168 million miles of our planet, giving scientists a rare chance to study material from beyond our solar system before it begins its long journey back into the Milky Way….

That upcoming one is called the “Ursid” meteor shower, and it will peak on the night of December 22, 2025, among the cacti. Yep — we will report, and for the first time, try to capture some “uploadable quality” photos, through the ‘scope then. Grin.

नमस्ते

As A “Reliable Information Vacuum” Has Been Created By RFK Jr., At HHS… Both The NEJM, And CIDRAP Are Moving To Fill The Void, On A Privately-Sourced Basis.

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With the ongoing lunacy (about vaccines and other matters), out of “official” US governmental agency sources continuing unabated (until at least 2028), the real scientists in the US are collaborating, on their own — to keep the public informed — with science backed by peer reviewed evidence, from sensible outlets. Today that effort will be led by the New England Journal of Medicine, in cooperation with the University of Minnesota’s CIDRAP.

It is surreal that it has come to this in the richest, most over-privileged nation on Earth — but here we are. And here is the latest, from CIDRAP [while the concluding part of the pull quote below is from the NEJM]:

…The new collaboration between NEJM Evidence and CIDRAP fills a gap in reliable data, offering expert-reviewed reports that translate frontline observations into actionable public health evidence. An NEJM Evidence editorial today explains the initiative further.

“Access to emerging public health data saves lives,” said infectious disease doctor Eric J. Rubin, MD, Editor-in-Chief of the New England Journal of Medicine and NEJM Group, publisher of NEJM Evidence, in a news release. “By providing this new, rigorous pathway for public health information, NEJM Group is delivering on its commitment to equip physicians with reliable information to support evidence-based care.”

“Rapid, credible communication has always been essential to an effective public health response,” added CIDRAP Director Michael Osterholm, PhD, MPH. “With this new collaboration, we hope to restore and strengthen that early-warning function, providing timely, evidence-based alerts that can help local and state health leaders act quickly to protect the health of people in their communities….”

[And from the NEJM-affiliate:]…Published in collaboration with the Center for Infectious Disease Research and Policy (CIDRAP) at the University of Minnesota, Public Health Alerts are brief reports that inform public health officials, clinicians, policymakers, and the public of important and emerging health issues. Freely available, these reports are published on a rapid review track in support of efforts to make timely decisions for the medical community and public health….

Now you know — with a fun evening ahead with grand-nieces — then jets, tomorrow. Grin.

नमस्ते

In Maryland, Noemites Will Remain… Enjoined — From Lawless Detentions / Removals… Thank You USDC Judge Xinis!

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The Noemites tonight argue that they have effectively put Abrego Garcia into a “Catch 22” / no-mans’ land: They say he has no “final order” — from which to appeal — and yet, these same Noemites claim they (and they alone) may crate new orders to remove him (to Liberia, for example) — without even allowing him the right to oppose them. That is a simply preposterous inversion of our laws — long standing and free from serious dispute, for over a half-century.

But indeed, here we are: the Noemites increasingly claim “brown shirter” powers they (and all their US forebears) have NEVER possessed — here’s that, from Mr. Hecker’s portion of today’s joint status update:

…[L]ate in the afternoon on December 17, 2025, the Board of Immigration Appeals (BIA) dismissed Abrego Garcia’s appeal from the immigration judge’s denial of his motion to reopen, reasoning that because the immigration judge’s December 11, 2025 order amended the October 10, 2019 decision, “the Immigration Judge’s October 10, 2019, order is not final” and therefore “the respondent’s motion to reopen is moot.” Ex. 1 (B.I.A. Dec. 17, 2025).

The events described above, when taken alongside the Government’s conduct throughout this case, illustrate why the preliminary injunction remains essential. As this Court has already recognized, “even if Abrego Garcia could have been lawfully removed to a third country, Respondents do not appear to have held him to fulfill that purpose. For if they had wished to remove him, they certainly could have as early as August 21, 2025, to Costa Rica. And even if the Court accords Respondents a measure of deference in exercising their discretion to favor another country, ‘discretion’ cannot explain what happened next.” ECF 110 at 28.

The Government’s recent conduct follows this same troubling pattern, and Abrego Garcia should have the opportunity to fully address Respondents’ arguments in briefing and at oral argument….

Indeed. Now you know. Onward, resolutely.

नमस्ते

“Ya’ THINK?!?” Head Of Rasmussen Polling Broadly Warns Trump 2.0 — His Favorite Pollster!

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Yep — and, Paul rightly takes note of it, this eveninig:

But unsurprisingly, Mirengoff believes this is… all fixable. It. Is. Not. My experienced assessment is that the core problem is Trump’s incurably delusional narcissistic tendencies.

Every good thing: he did it — and, every bad thing: he doesn’t know that guy. That has caused the fractures. With MTG and Musk, previously. He cannot help himself. So he cannot right his own ship — ever:

…Mark Mitchell, the head pollster at Rasmussen Reports, whom some of Trump’s advisers invited to the White House to brief Trump on the discontents of the base [said]:

“…Sir, you got shot at the Butler rally,” Mitchell said, invoking the “really strong optics” of Trump raising his fist in defiance after the assassination attempt in Pennsylvania in July 2024.

“You said, ‘Fight, fight, fight.’ But nobody ever clarified what that means,” Mitchell continued. “And right now, you’re fight-fight-fighting Marjorie Taylor Greene and not actually fight-fight-fighting for Americans.”

The base might (or might not) feel that way, but it’s false to say that Trump has been unclear about what he’s fighting for and to say he’s not fighting that fight….

As noted earlier [Paul says], although a president can’t fix the economy in a year, he can do it harm that quickly…. Donald Trump is accomplishing it with his inflationary tariffs (although the extent of their inflationary impact is in dispute)….

Hilarious. Along with the Susie Wiles debacle — of a long-form set of 11 interviews, in Vanity Fair, the mid-terms are going to be a blue tsunami, folks. Yep, Hinderaker is just butt-sore, because Wiles decided to tell the WHOLE of the unadulterated truth — about Trumpie.

I say… bring it on — she’s angling to be a talking head on the nightly pundit programs of a blue-ish persuasion, me thinks. Because she well-knows (just check the look on her face — in that “for publication” photo!)… Tangerine’s time is nearly at an end.

Out.

You Literally Couldn’t Make Up This Nonsense Level Of Public Co. BS… Courtesy Devin Nunes & Tangerine 2.0…

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So… the waifish “hate / social media” company that Trump had while he was out of office, preposterously called Truth Social, has been and is being run by one Devin Nunes. Yep — that guy. It has been hemorrhaging cash — for four years straight.

Now — right before it might have to show disastrous Q4 and full year 2025 audited financials, as a ’34 Act public money loser, life to date… it has essentially become a SPAC vehicle, so that a nascent R&D firm, working to make commercial scale fusion power plants a reality (still likely decades off, BTW!)… called TAE… can become a public company. Cheeky!

So, the deal is nominally a 50/50 deal — with each company’s shareholders getting about equal chunks of the combined entity… but, in point of fact, this long term R&D cash burner is the more likely viable long term business. Yep, this is essentially a graceful exit vehicle for Devin Nunes’ performance as CEO, and a way for him to sell his shares and walk away — as he knows even less about nuclear fusion at scale than he did/does about. . . social media platforms that encourage… hatred as a brand value.

Here’s all the sophistry of the day, ably reported from across the pond — at the UK Guardian:

…Trump Media and Technology Group, owner of the US president’s minnow Truth Social platform, unveiled an extraordinary merger worth more than $6bn with TAE Technologies, combining its social media operation with a vast bet on the AI boom driving a surge in energy demand.

TMTG intends to start building “the world’s first utility-scale fusion power plant” next year, it said, in an effort to use the experimental technology to power the huge datacenters behind the development of AI.

Shares in TMTG surged 27% during early trading in New York on Thursday.

Shareholders of TMTG and TAE Technologies will each own about 50% of the combined entity after the deal is completed. The companies expect this to take place in mid-2026….

Hilarious — all as the Trump family members, writ large, have already made ~$800 million in 2025 alone, on inside deals with CZ (the Trump-pardoned felon and controlling force — in Binance) and others backing the World Financial Freedom crypto- stable of nonsense coins. Dammit. Graft, thy name is… MAGA. Out.

नमस्ते

Will Tangerine 2.0 Move To Deport His Current Wife, If She Tries To Divorce Him?!

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This is truly the theatre of the… absurd.

Tangerine 2.0 now claims he will strip many foreign born US citizens of their status — as citizens. Of course, citizenship is a property right and cannot be abridged without full due process of our laws, which includes an Article III federal judge — and a hearing and a right of appeal — all the way to the United States Supreme Court. So good luck with that as a practical matter Mr. Trump.

But the reason I am entering this short blog post here tonight is to make it plain that many learned commentators believe Melania, his current wife, came to the United States as part of a chain migration scheme. I don’t know whether that is true, but I do know she was born in Slovenia. Her parents were born in Slovenia. It’s never been clear how she obtained US citizenship — there are stories though that seem to suggest that one or more of Trump‘s modeling agencies, or even one of Jeffrey Epstein‘s agencies… Procured her citizenship as a favor from someone.

If that turns out to be true, Trump‘s attempt to deport others (he disfavors) will run into the problem that he has not ever tried (over two decades, and two terms at 1600 Penn) to deport his own wife — if he is going to apply the law evenly without fear or favor.

That is to say anyone he tries to deport under this newly aggressive policy will have the obvious defense that it was a vindictive or selective prosecution because his wife continues to shop in Midtown Manhattan, while they fight for a property right that they earned in many cases decades ago.

Fascinating. And tragically comic, in its irony.

Out.

And Now Hinderaker Would Tell Us That The Specious Comey Attempt-And-Fail-Indictment… WASN’T A Political Retribution Hack Job?!

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This evening, Hinderaker burps up nonsense, about what Merrick Garland did (or did not do, via his independently-appointed Special Counsels) — about a decade ago, now.

He tries to make the case that Democratic administrations have been known to bring vindictive political indictments — plainly in a move to excuse the preposterous indictments of Jim Comey and Leticia James.

Both were dismissed in mere months, for obvious legal flaws.

OTOH, Garland’s investigations yielded solid indictments, against real crimes.

But my central point here is that a probable cause warrant was properly issued, and executed — at Mar-a-Lago.

[Internal email chatter about it, before the fact is of no evidentiary moment — as John well knows. The case speaks for itself — and judges’ rulings, not John’s wild eyed tin foil hatted theories… decide what evidence is admissable. And, correlatively — whether any of it was the fruit of a poisonous tree,]

All the rest is just so much sturm and drange — from old Johnny-boy.

Here endeth the sermon. And none of it undercuts the clear abuse of legal process, from Trump world — against his perceived enemies in any event, Hinderaker.

Out.