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In A Few Weeks, Tangerine, Bush/Cheney, Poppy Bush and Ronnie Reagan Will Have Let This Fester — For Four Decades, Now. Filed In The Time Of Edwin Meese. Deplorable.

~ condor ~ Leave a comment

This is deplorable, in a nation that claims to be one of ordered liberty — and of laws — not just venal little men.

We are approaching four full decades of active federal litigation, over whether putative asylees deserve clean bedding, clear water, toothbrushes and blankets and soap. And adequate food — fit for human consumption. And warm clothes. Dammit. [Here’s the latest, out of LA — and the frothy hard right wonders why there are. . . protests?!] The letter, then — just filed:

…[T]the CBP Settlement recognizes the exponentially greater harm that arises when violations of the Settlement occur throughout a child’s prolonged detention. Per Section VIII. of the CBP Settlement, “If a situation occurs in which a class member remains in CBP custody for longer than 72 hours, CBP shall take prompt additional steps to ensure conditions remain safe and sanitary.”

Further, the CBP Settlement recognizes that detention in CBP facilities, stations, and other unlicensed facilities is inherently harmful and therefore requires that children should be promptly removed from holding facilities not designed for children: “CBP shall transfer all juveniles who are not immediately returned to their country of origin to a Juvenile Priority Facility as expeditiously as possible, in general, within 24 hours of arrival at a non-priority facility, but no longer than 48 hours after arrival at a non-priority facility.” CBP Settlement Exh. 4(d) at 7. Three of the four families with accompanied children counsel interviewed at Ursula had been at the facility for six or more days. GBA Dec. ¶ 5 (9 days); FO Dec. ¶ 5 (10 days); MRL ¶ 4 (6 days).

Families at Dilley detention reported stays as long as a month at the El Paso CBP Station. See FY Dec. ¶ 6 (one month); MM Dec. ¶ 7 (three weeks). The harm caused by each of the violations described below is compounded by the egregious lengths of stay these children are forced to endure. . . .

The CBP Settlement Agreement also requires that class members be able to ask for (and receive) visits with separated family members in the same facility. CBP Settlement at 14, § VII (8)(B)(3). A Class Member at Dilley reported that at the El Paso CBP station they were held apart from family and “allowed only twenty minutes every five days in a freezing room to see each other.” MM Dec. ¶ 15.

Families at Ursula reported being separated and being granted family visitation, in a crowded and non-private area. This separation was extremely traumatic for the children….

The CBP Settlement explicitly requires that CBP provide toothbrushes and toothpaste daily. CBP Settlement at 13, § VII (7) (3)…. Families at Ursula reported there was no soap available at the handwashing stations. See FO Dec. ¶ 12; MRL Dec. ¶ 15. They also reported insufficient privacy in the restrooms. See MRL Dec. ¶ 14; FO Dec. ¶ 11; MH Dec. ¶ 15. Similarly, families at Dilley reported that there was insufficient privacy in the restrooms and they were denied showers and clean clothes for up to a week at the El Paso CBP station. See FY Dec. ¶12; MM Dec. ¶ 20….

Maintaining facilities at a consistently cold temperature is a violation the CBP Settlement, which requires adequate temperature control in facilities holding children. See also CBP Settlement § VII (5)(1). Under the CBP Settlement, class members must be provided additional clothing, blankets, and beanies for warmth. CBP Settlement § VII (5)(B). However, many children in several CBP facilities reported experiencing extreme cold. At Ursula, families were told that medical care for headaches was not available and that some medications could not be prescribed. See MH Dec. ¶¶ 7, 18. They also reported extremely cold temperatures and that they were not given adequately warm clothing. See MM Dec. ¶ 10; MRL Dec. ¶ 12. At Dilley, families reported freezing temperatures in El Paso, so cold that the children became sick. See MM Dec. ¶ 8; FY Dec. ¶ 7….

What is wrong with these ICE / contractor guards?! Damn them. Out.

नमस्ते

Noem Et Al., Must Produce All Govt. Witness Statements To Mr. Abrego Garcia’s Counsel By Noon Tomorrow, In Nashville…

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This would strongly suggest that the sealed papers contain some sensitive “mistakes” — or more likely, “prevarications“ — about the original genesis of the Noem moves which abducted Mr. Abrego Garcia — to an El Salvadoran hell hole. And then held him there, defying Supreme Court orders, for over two months. Indeed, we may now see the truth — all of it — come out, as early as Friday, in federal court in Music City.

It is going to likely be ruled a case of “the fruit of a poisonous tree“, down there. That is, he may yet win a dismissal, based solely on federal government misconduct, in abducting him. We shall see. The able Magistrate Judge entered the following overnight, in prep for the hearing coming up this Friday:

…In furtherance of efficiency, the United States (the “government”) must, by no later than noon on Thursday, June 12, 2025, provide to the defendant Kilmar Abrego Garcia the information required by Fed. R. Crim. P. 26.2(a) through (d) and (f), as incorporated by reference in Fed. R. Crim. P. 46(j), for any witness who will testify at the detention hearing on June 13, 2025. The government is further encouraged to provide any other discovery materials and the disclosures required by LCrR 16.01(a)(3) that are relevant to the issues raised in the government’s motion for detention (Docket No. 8) and supplemental filing (Docket No. 14).

Additionally, to clarify the Court’s order of June 6, 2025 (Docket No. 13), the exchange of witness disclosures required by noon on Thursday, June 12, 2025, must include not only the number of witnesses but the witnesses’ names. Further, after the exchange of witness information and exhibits, counsel for the government and counsel for Mr. Abrego Garcia must confer and attempt to resolve any identifiable evidentiary issues prior to commencement of the detention hearing on June 13, 2025. During this conference, counsel must also discuss the likelihood of and possibilities for resolution of the government’s motion for detention….

Now you know. Onward resolutely. And… I will be in the sky over the Rockies at the time of the mass demonstrations planned for Chicago, NYC, SF and Denver, so I’ll have no video — but know that Mr. Newsom will see deep and wide support, into the millions nationwide, this Saturday. We are a civil society, not some backwater military junta, here. Out.

नमस्ते

BREAKING: California Seeks TRO By 1 PM Pacific Time Today, To Stop The US Marines — In Their Tracks, Under Posse Comitatus Act.

~ condor ~ Leave a comment

The briefing and hearing on this TRO will be as follows:

Set Deadlines/Hearings: [Govt.] Responses due by 6/11/2025.

Replies due by 6/12/2025.

Motion Hearing set for 6/12/2025 at 1:30 PM in San Francisco, Courtroom 06, 17th Floor and by videoconference (Zoom) before Judge Charles R. Breyer….

End update.

This is going to put Tangerine 2.0 — and Kristi Noem, and Stephen Miller… in a real bind: they’ve plainly lied about what they are attempting to do. And they sent Pete Hegseth a letter, admitting the lie.

They are trying to militarize the US — and blue states, specifically. This won’t do. There is likely to be a TRO saying so, by 6 pm or so, Eastern today now. See this very well argued TRO motion, from Califronia Gov. Newsom, in full — and a bit:

…As set forth in the accompanying Memorandum of Points and Authorities, a TRO is necessary by 1:00 p.m. on June 10, 2025, to prevent immediate and irreparable harm to Plaintiffs. Absent immediate injunctive relief, Defendants’ use of the military and the federalized National Guard to patrol communities or otherwise engage in general law enforcement activities creates imminent harm to State Sovereignty, deprives the State of vital resources, escalates tensions and promotes (rather than quells) civil unrest. Accordingly, the Plaintiffs seek a TRO and preliminary injunction to preserve the status quo….

In the United States, the police — and not the military — enforce the law. This bedrock principle flows from the Founding, finds expression in Acts of Congress, and lives at the core of our civil society. Ours is a Nation of laws, enforced through even-handed justice, and not ruled by military decree. But Defendants, including President Trump and Secretary of Defense Hegseth have sought to bring military personnel and a “warrior culture” to the streets of cities and towns where Americans work, go to school, and raise their families. Now, they have turned their sights on California with devastating consequences, setting a roadmap to follow across the country….

Through a June 7 Presidential Memorandum and subsequent implementing orders, Defendants have seized control of 4,000 members of the California National Guard over the express objection of California’s Governor and deployed them to Los Angeles, the largest county and second largest city in the country. Unsatisfied with this excessive and unnecessary show of force, Defendants have sent another 700 active-duty Marines into Los Angeles.

All of this was unlawful. The Marine Corps’ deployment for law enforcement purposes is [particularly] unlawful. For more than a century, the Posse Comitatus Act has expressly prohibited the use of the active duty armed forces and federalized national guard for civilian law enforcement. And the President and Secretary Hegseth have made clear — publicly and privately — that the Marines are not in Los Angeles to stand outside a federal building….

Onward — to the SF courts painting Noem’s and Trump’s back porch BRIGHT RED, this evening! Heh.

नमस्ते

No John — Not “Nullification”. Idiot.

~ condor ~ Leave a comment

Hinderaker at lunch today (impotently) tries to create a bitterly myopic reality distortion bubble.

The simple enforcement of federal law… is about the opposite of what is happening here.

We learned this morning that Kristi Noem sent a letter telling Hegseth to have the military commit lawless arrests — and/or threaten the same.

This is no nullification.

This is a Governor — using his police power to protect all Californians.

Damn John.

Stop flatulating.

Merck Now Has A US FDA Green Light, For Infants To Receive Its (mRNA) RSV Vaccines…

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This is decidedly good news. [And yet another in the hopefully daily “power alley” items I intend to return to posting after the extended Colorado mountains run, starting this weekend.]

The market to sell government-subsidized infant vaccines in the US is vast. And Merck will now likely be in a leadership position for RSV in the newborns setting. [This, even as the moron Kennedy offers deeply misinformed views on vaccines, generally.] Here is the latest, via Reuters:

…The U.S. Food and Drug Administration on Monday approved Merck’s preventive [mRNA vaccine] shot to protect infants up to one year of age from respiratory syncytial virus during their first RSV season, the company said.

Merck’s monoclonal antibody, called clesrovimab and branded as Enflonsia, is the first and only preventive shot that can be administered as a single dose regardless of birth weight in healthy pre-term, full-term and at-risk infants to protect them against mild, moderate and severe RSV. The company told Reuters the therapy will be priced at $556 per dose….

As I said at the top — this is a vast and growing market in the US. Excellent, for Merck — and for human health generally.

नमस्ते

There Is No “National Emergency” To Support The Deployment Of US Military, On Our Civilian State Governments. This Is Not… Putin’s Russia.

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To be certain, Stephen Miller — and Tangerine 2.0 loons more broadly, have been looking for a way to lawlessly impose supposed martial law on blue states, but only blue ones. They think LA gives them that opening. The US Supreme Court will — in a few months — tell them that we are a civil nation. We will not countenance… bully-despotic moves against supposed opponents — by 1600 Penn.

So, now I will quote a bit of last night’s complaint directly — it sets out the audacity, and majesty of the vision our Founders had. And it does so. . . by offering humility rather than hubris — in the grants to the federal government (see, Amend. No. Ten):

…One of the cornerstones of our Nation and our democracy is that our people are governed by civil, not military, rule. The Founders enshrined these principles in our Constitution — that a government should be accountable to its people, guided by the rule of law, and one of civil authority, not military rule….

President Trump has repeatedly [lawlessly] invoked emergency powers to exceed the bounds of lawful executive authority….

[M]embers of the public gathered in protest at the Edward R. Roybal Federal Building and U.S. Courthouse. This building, located at 255 E. Temple St., Los Angeles, CA 90012, includes a detention facility known as “B-18.” On information and belief, protestors gathered at this location based on reports that individuals who were detained during the ICE operations were being held there. Protesters also gathered at other locations where ICE operations were reportedly happening, including in the City of Paramount, a city in Los Angeles County.

While not unified in their views or tactics, most protesters seem to have gathered to express their opposition to the manner in which the Trump Administration has executed its immigration agenda and to express solidarity with and concern for the individuals and families most directly impacted by the enforcement actions taking place in their community.

During the protests, Service Employees International Union California leader David Huerta was injured in the midst of interactions with federal agents. He was arrested, treated at a nearby hospital, and then detained. Federal authorities have alleged that Mr. Huerta was obstructing federal agents’ access to a worksite where they were executing a warrant, while in contrast, Union representatives have reported that Mr. Huerta was detained while exercising his First Amendment right to observe and document law enforcement activity. The [ICE] arrest of Mr. Huerta, who remains detained as of the date of filing, led to further upset in the community….

Most of those involved in protesting have been exercising their rights under the First Amendment in a peaceful, non-violent, and legally compliant manner. There have no doubt been exceptions. News reports have shown some individuals in the midst of these protests breaking the law and acting violently, for example by throwing objects at law enforcement officers and damaging property, including by setting fires. State and local law enforcement agencies have responded to such actions, and Governor Newsom and other state and local officials have unequivocally condemned such conduct and called for the prosecution of such law breaking.

At no point in the past… days has there been a rebellion or an insurrection….

Now you know — Trump cannot use his own violations of US immigration law and treaties as a basis for claiming an “insurrection” or rebellion. Damn — that’s straight out of Putin’s playbook.

And so, the overnight deploying up to 700 US Marines — deep into the civilian cities, in the state where they are decamped — without the Governor’s assent… is a very bad look. An Unconstitutional one. This is not enforcing Brown v. Board, against Geo. Wallace in 1963. It simply is… not. The people have a right to protest Trump’s lawlessness, in rolling ICE on union leaders and peaceable protesters. Onward.

नमस्ते

Mirengoff Admits Trump’s Guard Order Is Unlawful…

~ condor ~ Leave a comment

As ever, Paul chooses the most circuitous route to get to his very faint condemnation of Trump’s lawlessness.

But in the end, get there he does.

It is long past time for legitimate legal scholars inside the MAGA movement (are there any?)… to openly proclaim that this is organized crime to the detriment of the nation.

We won’t hold our breath that Paul will ever cross that threshold, but he ought to:

…In this case, though, Governor Newsom says the order wasn’t even sent to him. Instead, it was sent to the Commandant of the National Guard.

If so, this… [is] another case in which the administration undermined its position by ignoring the procedure mandated by law….

Yep.

Now join us in renouncing his illegitimacy, Paul… just as your buddy Bill Otis did over the weekend.

Out.

[U] The Details, Of California’s Federal Suit — Alleging Violations Of The Tenth Amendment — In Tangerine 2.0’s Sending In Troops…

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We now have the full 22 plus page complaint at law linked as a PDF here, but it is barely after lunch time now — on the West Coast, and it was all just drafted… overnight. It opens majestically:

…One of the cornerstones of our Nation and our democracy is that our people are governed by civil, not military, rule. The Founders enshrined these principles in our Constitution — that a government should be accountable to its people, guided by the rule of law, and one of civil authority, not military rule….

So it may be a moment to hit the clerk’s virtual window. Here are the broad strokes of it:

…In a lawsuit being filed today, Attorney General Bonta and Governor Newsom will ask the court to hold that the President and Department of Defense’s orders federalizing the California National Guard are unlawful, arguing that:

The federalization of the California National Guard deprives California of resources to protect itself and its citizens, and of critical responders in the event of a state emergency.

10 USC § 12406 requires that the Governor consent to federalization of the National Guard, which Governor Newsom was not given the opportunity to do prior to their deployment.

The President’s unlawful order infringes on Governor Newsom’s role as Commander-in-Chief of the California National Guard and violates the state’s sovereign right to control and have available its National Guard in the absence of a lawful invocation of federal power….

Onward — to run circles around this Tangerine dotard.

नमस्ते

[U] Again, The Federal Executive Branch Has Only A Very Limited Role, If Not “Invited In” — By A Given State. That Didn’t Happen In LA This Weekend. A Suit Will Follow.

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In fact, Governor Newsom and Mayor Bass specifically told Tangerine NOT to roll up. But — plainly, he is trying to engineer a crisis to distract from all his other failures to lead effectively. And to whip up the frenzy, in his hater-base.

The people (of LA, and elsewhere) have a right to complain, when many are abducted by Tangerine 2.0 forces, without any due process at all. [The 14th Amendment uses the term “persons“, NOT “citizens” — and so, Stephen Miller vacuously lies, here. All “persons” on US soil are entitled to due process. With or without… papers.]

In any event, here’s the latest on it all:

…Immigration protests in California and President Trump’s deployment of the National Guard to quell them have set up a clash between the president and foe California Gov. Gavin Newsom (D), who confirmed Monday that the state will sue the federal government over the escalation.

Thousands of protesters were in L.A.’s streets Sunday in response to the National Guard deployment, at one point blocking a freeway and setting self-driving cars ablaze. Law enforcement used tear gas, rubber bullets and flash-bangs to control the crowd, The Associated Press reported. As police declared protests in the city to be an unlawful assembly, crowds broke up Sunday evening.

It was the third day of protests after workplace raids began Friday by Immigration and Customs Enforcement….

“Looking really bad in L.A. BRING IN THE TROOPS!!!” Trump wrote in a post on his social platform, Truth Social, shortly after midnight [Sunday]….

California Gov. Gavin Newsom said Monday morning in a social media post that the state would sue the federal government over Trump’s deployment of National Guard.

The governor said Trump “illegally acted to federalize the National Guard,” adding the order he signed applies nationwide.

“We’re suing him,” Newsom said….

[UPDATED: 2 PM EDT] President Donald Trump said Monday he thinks it would be a “great thing” if border czar Tom Homan arrests Gov. Gavin Newsom.

“I would do it if I were Tom. I think it’s great,” Trump said as he arrived at the White House from Camp David. “Gavin likes the publicity, but I think it would be a great thing….”

What a putz — but, as ever, onward, resolutely. The Abrego Garcia matter will not result in a Trump win, down in Nashville — it will now… backfire. That is Condor’s firm prediction. Out.

नमस्ते

Bill Otis Finds… A SPINE. Finally! Calls For The End Of Whatever “Trumpism” Pretends To Be, Now.

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Do go read all of this — and you may ignore the senseless bashing of Kamala Harris. [He did that solely to avoid being shot in the face with a shotgun — by MAGA losers — if caught on a dark (alley or) road… alone, at night.]

What his piece is really about… is REPUDIATING Trump.

And he’s right — the guy has killed a generation of would be GOP ambitions, now. Vance will never be President. He flat out states it.

And he finally agrees… that there must be some limit to the amount of personal corruption Trump is able to get away with, before the GOP decides they should help prosecute him, directly.

Here’s a bit — but do go read it all. And expect more to speak out in the coming days, after he rolled the National Guard onto LA streets, while being asked to remove them by both the mayor and the governor. That has never happened before — the governor or mayor or both must always invite the national forces, if they are to roll at all (under our shared notions of federal / state comity).

Now, get this:

…I suggest here is that, while the Left and the Democrats are toxic to America’s future, Trump is hardly the right person to deliver a more wholesome message….

Let’s be honest: One might better ask whether he’s so bad so often that he further discredits the message, to whatever extent he can be thought to be faithful to it at all. Do “stability” and “character” even belong in the same sentence with “Trump”? Can a plausible attack on Big Government be made by the man whose budget plan expands the government’s indebtedness by trillions, and who uses the government’s power to settle personal grudges?

Does standing for a strong defense mean better funding for the armed services — only to be combined with an ideological unwillingness to use them or even plausibly threaten their use (with Iran, for example)? When the authentic meaning and obligations of “America First” are understood with all the historical learning, sobriety and thoughtfulness of a third grader?….

Welp — let us hope that he is only the first of thousands… to finally take a stand.

Onward, resolutely.