Category: Uncategorized

This Afternoon, Mr. Khalil Has Added To His Complaint At Law in Newark’s Federal Courts…

~ condor ~ Leave a comment

The third amendment to Mr. Khalil’s complaint is now on file.

It updates with newly discovered (and hideous) information — on the Trump/Rubio/Noem campaign to suppress protected speech, using arrests and abductions by ICE / DHS without so much as a whiff of due process. But that was clear from the go, here:

…On March 13, 2025, when asked to justify the government’s actions, Troy Edgar, the Deputy Secretary of DHS, did not dispute that Mr. Khalil had not broken any laws and instead asserted that he was “agitating and supporting Hamas” by “put[ting] himself in the middle of the process of basically pro-Palestinian activity.” When asked directly if “any criticism of the Israeli government [is] a deportable offense,” if “any criticism of the United States [is] a deportable offense,” if “any criticism of the government [is] a deportable offense,” and if “protesting [is] a deportable offense,” Deputy Secretary Edgar did not dispute any of those statements….

The [statutory] “Foreign Policy Bar” expressly prohibits the Secretary of State from issuing a policy to exclude or condition entry based on a non-citizen’s “past, current, or expected beliefs, statements, or associations, if such beliefs, statements, or associations would be lawful within the United States,” unless the Secretary personally certifies to Congress that admitting the individual would compromise a compelling U.S. foreign policy interest. See id. (citing INA § 212(a)(3)(C)(iii)).

Upon information and belief, Secretary Marco Rubio has not provided any certifications regarding a determination under the Foreign Policy Ground concerning Mr. Khalil to the chairs of the House Foreign Affairs, Senate Foreign Relations, and House and Senate Judiciary Committees, as required by 8 U.S.C. § 1182(a)(3)(C)(iv)….

This must be resisted. Peacefully, but firmly resisted. This is what… fascism looks like, in its early stages. Out.

नमस्ते

In Which — For Once! — Bill Otis Makes SOME Sense: On Iran/Trump.

~ condor ~ Leave a comment

Now, if Bill would own the fact that he fucked up by voting for this decrepit a-hole… this would be a fairly good post.

But he never will admit his mistakes. Nor will Mirengoff, Hinderaker or the others. Electing a know sociopath — and, for a SECOND TIME! — was more than a mistake. It was completely complicit malfeasance, by those who knew better, at the ballot box. Admit it you chumps. You’ve screwed us — and yourselves, too. Here’s the part that proves Bill and Paul ought to beg forgiveness:

…Trump’s much-hyped (especially by him) sharpness as a negotiator is ironically (or perhaps comically, if the circumstances weren’t so dire) exposed precisely by his announcing his desire for a deal. It’s obvious to a middle school kid that the best way to get any kind of deal worth having is by disclaiming, not embracing, the idea that you want one, and instead letting it be known, vividly and by your acts, that troubling yourself with negotiating is not much more than an annoyance: You have the strength and will to take what you want anyway, and you’re inclined to use it right quick if the other side doesn’t get its mind right.

In the Iran context, that would mean, say, sinking a few of their military ships, bombing a few of their oil fields, and assassinating a few more of their generals — then wait for them to seek talks.

Trump cannot help knowing this. But from the almost daily vacillation we’ve seen so far, you’d never know it. And much, much worse, the mullahs won’t know it either [I think he means the mullahs have Trump figured out. He’s a transparently stupid human.]….

Yes — this is churlishly malign moron you all put in charge of OUR nukes, as well as… theirs.

You people should beg the people of our nation… for forgiveness. Damn,

After Remand, Here’s The Schedule — For East Bay IV, In Oakland, Before The Able USDC Judge Jon Tigar…

~ condor ~ Leave a comment

This case has percolated, due to Tangerine’s foot-dragging (first time around), since 2017. And it concerns whether children will be treated as human beings, among other matters.

It has been up on appeal to the Ninth Circuit three times — each time, Trump lost. It is back in the trial court now, to determine whether a Biden-era federal regulation is still good law (Trump has not even tried to repeal it — yet). So onward, it rumbles, thus:

…The Court has reviewed the parties’ joint statement proposing how to proceed on remand. ECF No. 208. The Court agrees with the parties’ proposal to set a deadline for Defendants to notify the Court and Plaintiffs whether “the rule at issue in this case, Circumvention of Lawful Pathways, 88 Fed. Reg. 31,314 (May 16, 2023) (‘the Rule’),” which “will cease applying to new entrants after May 11, 2025,” has been extended. Id. at 1–2.

The Court also agrees that additional briefing would be helpful. However, the parties characterize the briefing as “supplemental motion for summary judgment brief[s],” id. at 2, when there is no motion for summary judgment pending. The Court construes the parties’ statement as requesting leave to file briefing regarding whether the Court’s summary judgment ruling, ECF No. 187, should be modified in light of the two issues noted in the Ninth Circuit’s remand order….

Accordingly, the Court sets the following deadlines:

Defendants to file statement regarding whether the Rule has been extended: May 20, 2025

Plaintiffs to file supplemental opening brief, not to exceed 20 pages, and supporting declarations (if any): June 20, 2025

Defendants to file supplemental opposition brief, not to exceed 20 pages, and supporting declarations (if any): July 22, 2025

Plaintiffs to file supplemental reply brief, not to exceed 12 pages: August 8, 2025….

Onward — resolutely. But he is… a monster.

नमस्ते

Look — We All Know Trump Has ALWAYS Been A Habitual LIAR. But This LIE Is Costing A Maryland Family Man His… Freedom. Disgusting.

~ condor ~ Leave a comment

Everyone paying attention now knows: someone in MAGA world photoshopped the image at right, of Mr. Abrego Garcia. They did it with racist intent.

Then the sitting preznit of the US not only repeated the lie, but amplified it. Then, he abducted the man to a torture prison in El Salvador. Then he invited a journalist to do a TV interview covering the topic. The journalist repeatedly — on camera — proved it was a photo-shop. Tangerine doubled down. And, TRIPLED DOWN — calling the man a liar — and insulting him.

But the fact remains:

Kristi Noem, Marco Rubio and Donald Trump have relied on FAKED evidence — to abduct Mr. Abrego Garcia. Now his wife and family are in hiding, due to MAGA threats of violence against them.

And the malignant liar keeps on… lying. [These are in no manner gang tattoos — let alone MS-13 ones.]

Spread this far and wide — and be warned: if we don’t put an end to this evil lunacy, they may well come for YOU next. And then — who will stand to defend… you? Out.

नमस्ते

As I Guessed — Now Due Tomorrow, By Morning — In Khalil’s Case In Newark…

~ condor ~ Leave a comment

As I guessed, this looks like more Noem foot-dragging and the able USDC Judge Farbiarz is having none of it.

Not a week’s delay; only a day — here’s that by a docket text note/order just now:

…TEXT ORDER:

As to the letters due today, the issue they concern was, as noted by the Respondents, raised by the Court on May 2.

Moreover, it is apparent from the Respondents’ May 7 letter that they were already gathering and considering at least some of the relevant materials. The Respondents do not describe the possible scope of the materials, and so they afford the Court only a limited basis for understanding the possible scale of their task.

Against this backdrop, as to the letter due today at 9:30, its scope is narrow and does not seem to implicate any paper files. The Respondents shall expeditiously gather information, and provide their response, even if partial, on or before May 9 at 9:30am. As to the letter due today at noon, the Respondents shall expeditiously gather information, and provide their response, even if partial, on or before May 9 at 5:00pm.

If either letter provides a partial response, that letter shall include an overall update, that explains what remains to be done as to the relevant task and how much time, in the Respondents’ judgment, it will take to compete the work. As to either letter, if there is a particular case that may be sensitive, the Respondents may make their filing as to that case under seal and explain why sealing is appropriate; if that does not obviate the Respondents’ concerns, they shall explain why, and propose another way forward.

So Ordered by Judge Michael E. Farbiarz on 5/8/2025….

Now you know. These government lawyers act as though they’ve never been before a federal judge before. Damn.

That Crazy Old Coot Hinderaker: Chapter 666.

~ condor ~ Leave a comment

Trivially, tonight, Hinderaker would tell us that the only way Germany can survive, is for it to embrace neo Nazism — and the extreme hard right.

That statement is self-refuting.

Germany is a thriving economy and perhaps the most powerful economic force in all of the EU. So putting aside the notion that John has no business telling European nations how to run their internal politics, we have to laugh at his “the sky is falling” / Chicken Little routine.

I’ll spend no more time or pixels on it.

But Hinderaker is very sadly delusional (obviously).

Out.

Noem — After 2 PM Today –Tries To Move The Tomorrow Deadline (Disclosing Prior Cases), To NEXT Wed., In The Khalil/Jena, LA Matter.

~ condor ~ Leave a comment

The government is solely responsible for creating its “own sink-hole” here, by arguing (apparently, without basis therefor) at last week’s hearing that the supposed statutory methods [at 8 USC § 1227(a)(4)(C)] used against Mr. Khalil were commonly deployed by both Democratic and Republican administrations, in the past. That seems dubious at best.

Now the government complains that it cannot readily find much evidence for its own “made up” factual assertion (so it begs for a one week delay). I hope the able USDC Judge holds them to tomorrow at noon — or extends it only until this Friday at noon — in Newark:

…[Noem/Tangerine] Respondents (“the Government”) respectfully request an extension of the May 8 deadlines. See ECF No. 231. The Government requests that the two letters be due on Wednesday, May 12 by 11:59pm. The Government makes this request for several reasons, all which establish good cause.

Undersigned counsel conferred with Petitioner’s counsel, who oppose this request. Specifically, Petitioner [Mr. Khalil’s counsel] objects to Respondents’ request for a substantial extension of time, given that he remains in detention and needs to have his petition resolved as expeditiously as possible….

We will update when/if an order is issued. Onward, grinning.

नमस्ते

Here Are All The Upcoming Scheduling Details, On The Press Motion To Unseal Materials In The Abrego Garcia Abduction Matter…

~ condor ~ Leave a comment

By this coming Monday, we will now see a pair of no more than 25 page briefs — on the issues presented by unsealing motion from the press.

Do see it all here, but the money quote appears below.

…Lastly, as this litigation proceeds, the Court emphasizes the importance of transparency and adherence to procedural rules governing sealed filings. These standards apply equally to letter submissions and formal briefs.

While provisional sealing was permitted in the early stages of this case to accommodate its expedited nature and to safeguard sensitive information, the parties must now strictly comply with the Court’s Local Rules governing sealed filings.

Under Local Rule 105.11 (D. Md.), any proposed sealed document must be accompanied by a motion to seal. The motion to seal must include: (1) proposed reasons supported by specific factual representations that justify sealing, and (2) an explanation of why alternatives to sealing, such as redaction, would be inadequate. See Sky Angel U.S., LLC v. Discovery Comme’ns, LLC, 28 F. Supp. 3d 465, 488 (D. Md. 2014). These requirements reflect the presumption of public access to judicial records, which may be overcome only with a compelling justification. See Stone v. Univ. of Md. Med. Sys. Corp., 855 F.2d 178, 180 (4th Cir. 1988).

Going forward, any filing submitted under seal without a compliant motion to seal will be stricken….

Now you know — and as expected. Onward.

नमस्ते

Live — From The Courtroom Of USDC Judge Kness, In The Loop… Dismissal Coming, For Fitton?!

~ condor ~ Leave a comment

Do watch this space around 12:30 PM EDT.

Should be a banger!

…Waiting now in the courtroom….

The hearing went almost an hour — exactly as expected… And USDC Judge John Kness will rule in a few days in a written opinion. He reserved — not ruling from the bench.

[more, as we get it]…

This nonsense claim of purported reverse discrimination — against whyte people — who never lived here (never paid taxes here; do not have a claim to purely local municipal tax revenues). . . is preposterous, on its face. Be excellent to one another! At right are the city’s very capable Jenner lawyers.

नमस्ते