Author: condor

Hinderaker “Were For Pete Navarro — Before He Were Agin’ Him!”

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Sure — in the grand scheme of trillions of dollars destroyed, in four days, on capital markets around the globe… John Hinderaker being a hypocrite… is really the smallest of news.

But as the legacy graphic at right suggests, John was only too happy to shill for him (likely on zero due diligence, too) — even as the US Supreme Court (in Tangerine 1.0) called his theories of executive privilege law… bunk.

Once again, Hinderaker proudly shouts that he voted three times for a guy that, for the last two times he voted for him… he knew for certain surrounds himself with MORONS — and in many cases, felons as well.

That’s why it’s a lil’ precious to hear John whining about Jared Kushner, reading one very dubious treatise — on protectionist economic theories (to create a “reinforcing cognitive feedback loop” — for Tangerine), and then inviting the author to become Tangerine’s economic sooth-sayer.

The putz only now says he “didn’t believe Trump would go through with it.” Gee, that’s a tremendous theory — for choosing the leader of the free world.

Damn.

This is utterly a ship of malign, felonious fools — stem to stern.

Out.

In Which Musk Preposterously Argues (Again!) That DOGE Is A “Riddle Wrapped In A Mystery, All Inside An Enigma… “

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Elon once is again trying (as he did three weeks ago), through his lawyers, to avoid having to produce FOIA documents, as to what he did, and why he did it — in the firings cases, and in the raid on Social Security data, and his failed attempt at getting the most sensitive IRS data.

His preposterous claim is that since DOGE is a non-entity, and not part of government. . . it need not answer (as Churchill had worried about Russia, in 1939). [For an extended look at why that is all so much poppycock, take a look at this backgrounder from just a few weeks ago, via yours truly.]

CREW however has put all of that to the definitive lie. And now a federal judge in DC is very likely to order limited discovery into what DOGE real is, and does — to answer whether it must produce its records as any other part of Tangerine 2.0’s cabinet level entities must. Here’s Musk’s last ditch — and likely failing — effort filed tonight, in the case (and a bit of the double-speak, below):

…CREW cites the directive to “implement” the President’s DOGE Agenda in Executive Order 14,158, but [we’ve claimed this refers] to the entire DOGE structure (including DOGE Teams at federal agencies); the word “implement” is purely prefatory language [Ed. Note: but of course! Another instance of words meaning only what Musk says they mean!] that explains why the President signed the Executive Order; and even if the term “implement” standing alone was suggestive of something more [Ed.: it is; it suggests lots of action!], the term must be construed in light of the full text of the Executive Orders and presidential memorandum, which assign to USDS specific and purely advisory responsibilities. ECF No. 24-1 at 22-23.

CREW also cites Executive Order language directing Agency DOGE Team leads to coordinate their work with USDS, and directing each Agency DOGE Team lead to provide a monthly hiring report for the agency to USDS. [Obviously, he will lose, here.] Motion at 12-13….

I think you gave the ball-game away, there fellers. It is all a bit like being at some Mad Hatter’s Tea Party, on Ketamine, with these goofs. Onward, and well argued by CREW — it will win the FOIA documents — even if it takes a few months’ time.

नमस्ते

We Are Still Waiting For The Chief Justice To Get Off His Duff, And Set Abrego Garcia Free, Tonight Or Tomorrow.

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Well — tonight may come and go — without an order from the Supremes for Mr. Abrego Garcia to get on a US-chartered plane and come home, from El Salvador. But make no mistake: the unanimous Alien Enemies Act decision yesterday (i.e., on the putative Venezuelans’ right to due process) has now made it iron clad, that Justice Roberts must order Mr. Garcia flown home.

This is very well-put in that it makes it clear that Kristi Noem has been telling varying lies, right along, since the go in this case:

…J.G.G.’s [in the Venezuelans’ cases] due process holding supports Abrego Garcia’s position that the Government violated his due process rights by removing him to El Salvador.

The [Supreme] Court’s unanimous insistence on due process and on the availability of judicial review to secure due process underscores that Abrego Garcia — who was removed without reasonable notice or an opportunity to challenge his removal before it occurred, and in conceded violation of a court order prohibiting his removal to that country — must have a remedy for this constitutional violation.

The Government now alleges that Abrego Garcia is a member of MS-13, an allegation that the Fourth Circuit deemed “unsupported — and then abandoned.” Abrego Garcia v. Noem, 2025 WL 1021113, at *5 (4th Cir. Apr. 7, 2025) (Thacker, J., with King, J., concurring). Indeed because Abrego Garcia was deprived of any judicial review whatsoever, he had no opportunity to even respond to prove that he is not a member of MS-13…

So, again — we wait. And a man’s very life… hangs in the balance, Chief. Get it together, and get it done.

नमस्ते

A Federalist Society Guy — And Trump Donor — Owns “Simplified”, A Paper Products Company. He Just Sued Trump, Saying The Tariff “Emergency” Orders Are Unlawful.

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Well… “We must take pleasure in the little things….”

I do dearly love that it is the owner of the business that shepherded Tangerine 1.0’s SCOTUS picks through confirmation that now sues in Northern Florida’s federal courts — saying Trump’s tariffs are unlawful. The irony here is… delicious.

And the guy is not wrong — this is another unlawful power grab. One fostered by this same supplicant Federalist Society bigwig. Hilarious. Here’s the 29-page complaint, and a bit of it:

…If the President is permitted to use the IEEPA [emergency order on tariffs] to bypass the statutory scheme for tariffs, the President will have nearly unlimited authority to commandeer Congress’s power over tariffs. He would be empowered to declare a national emergency based on some long-running national problem, then impose tariffs purportedly in the name of that emergency — thus sidestepping the detailed constraints Congress has placed on the tariff authority it has granted.

The heavy tariff the President imposed on products from China has inflicted economic and competitive harm on Plaintiff Simplified, a small business that purchases products from sources in China and pays the related tariffs. the China Executive Orders require Simplified to pay significantly more in tariffs, thus inflicting severe competitive injury in the form of higher costs, competitive disadvantage, and lost profits. These Executive Orders also deny Simplified the protection the Constitution promised when it assigned Congress sole control of tariffs and the regulation of commerce with foreign nations.

The tariffs imposed by the China Executive Orders will greatly damage Simplified because it imports material from China each year, from December to March. Simplified has to pay tariffs as orders are received in the United States.

Under current plans, the new tariffs will impose hundreds of thousands of dollars in costs on Simplified. If it moves its manufacturing operations away from China, this would impose further costs. Either course would require Simplified to raise its prices to its customers and either reduce its already small staff or not hire more staff. Any raised prices for Simplified’s products will likely reduce demand for those products….

As I say: delicious! Do stay tuned. This is REALLY going to wax Trump’s skis!

नमस्ते

Mirengoff Is All About The “Will Of The People” Via Legislation — But Only If It Doesn’t “Offend” His Absolute Certainty — For Vengeance.

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Well — this is barely worth a mention.

Paul — as ever, sees only black and white. He cannot accept that when decades of time pass, some people’s views… evolve.

In fact, most people’s do. If they are… intelligent.

So it is that Paul bleats on and on, about Maryland giving a “discretionary second look” to / at older cases, where an convicted inmate who was 16-25 years of age at the time of offense has now served a full 20 years.

He makes the silly leap that these will primarily be heinous murderers — and the additionally preposterous leap… that lots of these cases will be “set free.” That’s silly — because the cases he gets vexed about… won’t make the cut. He gets all worked up — with exactly zero factual basis for doing so. [Leviticus 19:18, “You shall not take vengeance or bear any grudge against your people….”]

So spare us your faux outrage — your vengeful G*D… is not my master. We are a nation of law, not ruled by a G*D or king. [I don’t believe in the nonsense parts of that book.]

Do take a seat — and let the people who MATTER… show you that elections have consequences, son.

Geez — this is not a theocracy (yet).

Trump/Noem Dumped The “1960 East Berlin Style Razor Wire” Case — On The Rio Grande — As Of Last Week. Deplorable.

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Do recall that back in January/February 2024, a mother and her young child drowned, after being lacerated under this abomination. Also recall that State of Texas law enforcement agents had originally placed it on the side of the riverway that belongs (as property) to the feds, or more likely to. . . the nation of Mexico. Damn.

But there it will likely now remain, at least until the mid-term elections in 2026. Here’s that mournful order:

…CASE CLOSING ORDER

On March 18, 2025, Plaintiff the United States filed its Notice of Voluntary Dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), dismissing without prejudice the above-captioned action. (Dkt. # 79.)….

D A M N A T I O N.

नमस्ते

Read The SCOTUSBlog, For Very Cogent, And Balanced Updates — On The Probationary Fed Employees’ Cases…

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Well… this is both MUCH higher quality analysis — and far faster — than my efforts might ever be, late night tonight. So do read it all, from the SCOTUSBlog, and Amy Howe — on the probationaries case out of San Fran, and USDC Judge Alsup’s courtroom. It is only a temporary change, however. We shall see how the merits come out, back in the trial courtroom. This means only that the non-profits themselves lack standing.

The employees putatively let go certainly have standing, in their individual names — and it DOES NOT mean that what Trump/Musk did was in any manner… lawful.

Here is the preeminent Amy Howe, do listen in:

…The Supreme Court on Tuesday paused an order by a judge in San Francisco that would require the federal government to reinstate more than 16,000 workers who were fired by six agencies earlier this year. A group of nonprofits challenging the layoffs argued that the terminations by the Office of Personnel Management violated several different parts of the federal law governing administrative agencies. But by an apparent vote of 7-2, the justices nonetheless put the order by Senior U.S. District Judge William Alsup on hold….

In a brief unsigned order, the court explained that it was not weighing in on the claims by other plaintiffs in the lawsuit – specifically, unions representing government employees, whose claims Alsup did not address because he concluded that he likely did not have the power to hear them. The court also did not weigh in on the propriety of the firings more generally.

Justice Sonia Sotomayor indicated that she would have denied the Trump administration’s request to pause Alsup’s order.

Justice Ketanji Brown Jackson also would have turned down the Trump administration’s plea, because she would not have reached the question of the nonprofits’ standing to sue at this stage of the case….

A federal appeals court rejected the government’s request to put Alsup’s order on hold while its appeal — which the court agreed to fast-track — moved forward….

Now you now — ever onward, but just now grabbing a quick bite — at the taco trucks, in the chilly sunshine. Smile.

नमस्ते

And USDC Chief Judge Moses (Down In Del Rio, TX), Will Hold A Hearing On The Land Based Razor Wire Barrier Case, At Shelby Park On May 13, 2025…

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Sadly, I suspect she is setting the matter, to try to move the government toward a settled resolution — perhaps even subtly urging that they entertain… dropping the matter.

The individual plaintiffs ought to hold out for some remedial measures (at least) as part of the settlement, but it is clear: Trump is no friend, here. We shall see:

…IT IS HEREBY ORDERED that the above entitled and numbered case is set for DOCKET CALL in Courtroom 1, on the 2nd floor, U.S. Courthouse, 111 E. Broadway, Del Rio, TX, on Tuesday, May 13, 2025 at 11:00 AM. All parties and counsel must appear at this hearing.

IT IS SO ORDERED this 4th day of April, 2025….

It is a firehose day, around the nation’s courthouses. [And, I know you’ve all seen what the Supremes are doing on the firings… so I’ve leave those for tomorrow.] Onward.

नमस्ते

More Briefing Ordered — Concerning Jurisdictional Questions — In NJ Habeas Case — For The Release Of Mr. Khalil: All Due In Two Days.

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As I said at the bottom of the immediately prior post, today will be busy — in the federal courts. This one tees up more argument and deadlines for Mr. Khalil’s team.

And well, the good news is that the able USDC Judge is forcing Team Tangerine 2.0 to answer very swiftly — since Mr. Khalil is still in Jena, Louisiana in a private prison.

Clearly, the bad news is that there is no reason he cannot be in New Jersey, and more readily-accessible to his lawyers, and family. Here’s the latest order, in any event:

…The parties shall supplement their briefing as to the motion for preliminary injunction.

First, each party shall file a letter of 3-4 single-spaced pages. It shall explain whether an Immigration Judge considering a charge of removal is legally empowered to build a record tailored for eventual review of a legal issue by relevant Court of Appeals that the Immigration Judge is not itself empowered to resolve. The Supreme Court has undertaken such an analysis in an arguably relevant context. See Elgin v. Dep’t of Treasury, 567 U.S. 20 (2012) (discussing the power the Merit Systems Protection Board to build a factual record as to whether a statute is unconstitutional — an issue the Merit Systems Protection Board could not itself take up, but the Court of Appeals could).

Second, each party shall file a letter of 2-3 single-spaced pages.

It shall explain whether an Immigration Judge considering a charge of removal is legally empowered to resolve each of the three issues as to which the Petitioner has moved for a preliminary injunction. See ECF 67 at 25.

The first letter shall be filed by each party on or before April 10 at noon. The second letter shall be filed by each party on or before April 11 at 9:00 am. The letters are legal briefs. They may include as attachments any difficult-to-find legal sources. But they may not include any other attachments.

Each letter shall collect and describe in detail agency case law (Immigration Judge and BIA decisions), and shall also describe agency regulations, as well as any other relevant legal sources. (The Elgin Court, for example, focused closely on those sorts of sources. See 567 U.S at 13, 16-18.)

IT IS on this 8th day of April, 2025, so ORDERED….

Now you know — much more coming — on the other cases we’ve been chasing, shortly. Busy as a one armed paper hanger here. Heh.

नमस्ते

In March, Britain Saw A Clade 1b Case — In A Patient With No Travel Connections.

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The patient also professed no known connection to those previously diagnosed.

While the overall risk remains low in the UK, these facts give rise to the inference that there may well be reservoirs of the virus in communities “in the wild” — in England. And that would be a rather worrisome development, for epidemic abatement efforts.

Here’s the latest, from Reuters reporting:

…Jonas Albarnaz of the Pirbright Institute described the case as “surprising” because prior infected individuals had recent travel history to an affected country or contact with someone who had.

Albarnaz added: “It’s likely that it was acquired from another infected person, via direct contact either with skin lesions or with contaminated surfaces or objects.”

The clade lb variant is a new form of the virus that is linked to a global health emergency declared by the World Health Organization in August….

Now you know — with a busy day from the courts in which Tangerine 2.0’s agenda is being blunted day by day. Most of his ideas about repressive governing are patently unlawful, or outright unconstitutional. Onward, resolutely.

नमस्ते