Category: Uncategorized

Yep Bill Glahn Is An Idiot. Yawn.

~ condor ~ Leave a comment

Bill finally admits he knows nearly nothing of the real federal law. [He lives only on Noem’s lying soundbites.] So tonight he was humiliated by real judges, ruling sensibly on the law.

Now it is only Abrego Garcia’s own motion that keeps him (safely) in non-ICE federal custody in Nashville. He will very likely walk free in 30 days, despite any Noem appeals.

Judges Xinis and Crenshaw have ruled, just the way we said they would. Even so — it never should have happened. Period. Here’s the able USDC Judge Paula Xinis order of 18 pages, and a bit:

. . .[C]onsidering that these same [Noemite] Defendants not only “screwed up” once by unlawfully expelling Abrego Garcia, Abrego Garcia v. Noem, No. 25-1345, 2025 WL 1021113, at *6 (4th Cir. Apr. 7, 2025) (Wilkinson, J., concurring), but also refused to make “what was wrong, right,” Abrego Garcia v. Noem, No. 25-1404, 2025 WL 1135112, at *1 (4th Cir. Apr. 17, 2025). . . . The detainer cites “ongoing removal proceedings” as the basis for holding him. But by Defendants’ own admission, no such proceedings exist. Abrego Garcia’s withholding of removal has been final since 2019. And if Defendants wish to revisit withholding, they must move to reopen such proceedings in Baltimore, which has not been done. Nor are there any other “ongoing removal proceedings” because Defendants have not yet made any decisions as to what they will do next. ECF No. 235 at 51:21-24 (The Court: “And you have nothing as to which road you’ll take if he’s released next week?” Khojasteh: “I do—we do not, Your Honor, and neither does Giles.”). Thus, the detainer appears infirm on its face and cannot impede Abrego Garcia’s return to ICE supervision in Baltimore. Cf.
Abrego Garcia v. Noem, No. 25-1345, 2025 WL 1021113, at *2 (4th Cir. Apr. 7, 2025) (Thacker, J., concurring) (explaining that only actions within the Attorney General’s lawful discretion fall under the jurisdictional bar in 8 U.S.C. § 1252(g)) (citing Reno, 525 U.S. at 482 1999)); see also id. at *3 (noting that where Executive action violates the law, it may be treated as “null and void”) (quoting Powell v. McCormack, 395 U.S. 486, 506 (1969)).

Separately, the requested notice is necessary to prevent a repeat of Abrego Garcia’s
unlawful deportation to El Salvador by way of third-country removal. Defendants have taken no concrete steps to ensure that any prospective third country would not summarily return Abrego Garcia to El Salvador in an end-run around the very withholding order that offers him uncontroverted protection.

Giles testified that he knows of “no reassurances” obtained from cleared countries that aliens will not be promptly re-deported to their native countries despite valid withholding orders. ECF No. 234 at 112. Nor is this fear far-fetched. Defendants have already wrongly deported at least one other alien who was immediately refouled to the country from which he had a valid withholding order. Given this, requiring Defendants to give seventy-two hours’ notice to Abrego Garcia and his counsel will ensure he has the time to raise any credible fears through the appropriate channels in the immigration process. . . .

In sum, the Court concludes that it must accord modest relief that ensures the fulfillment of this Court’s injunction and protects Abrego Garcia from re-deportation without due process.

Thus, for the reasons stated above, Defendants are hereby ORDERED (1) to not take Abrego Garcia into ICE custody in Tennessee and to restore him to his ICE Order of Supervision out of the Baltimore Field Office; and (2) should Defendants commence third-country removal proceedings against Abrego Garcia, Defendants must transmit immediate written notice to Abrego Garcia and all counsel of record in this case of the intended third country at least seventy-two hours prior to commencing removal so that Abrego Garcia may assert claims of credible fear or seek any other relief available to him under the law or Constitution. . . .

[And from Judge Crenshaw in Music City, today:]

Because the law’s “default position. . . is that a defendant should be released pending trial,” Stone, 608 F.3d at 945, and because three of the four § 3142(g) factors counsel release, the Court agrees with the Magistrate Judge that the Government has failed to carry its burden of showing that no condition or combination of conditions will reasonably assure Abrego’s appearance or the safety of others. ‘ Accordingly, Abrego should be released with the conditions imposed by the Magistrate Judge during the June 25, 2025 hearing.

The Government has failed to show on appeal that this case is one of the “carefully limited exception[sl” where detention pending trial is justified, entitling Abrego to his liberty in the meantime. Salerno, 481 U.S. at 754. Accordingly, the Government’s Motion for Revocation of Release Order (Doc. No. 45) will be denied. Abrego should be released upon the Magistrate Judge’s issuance of the release order. . . .

Smoke that Kristi (and Bill). . . yup, lying in court has consequences. Out.

नमस्ते

Noem Engaging In Lynch Mob / Incitement Tactics Now In Nashville…

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Here in the United States, as a matter of federal criminal procedure, prosecutors are prevented from making false statements, or even misleading statements about people who are accused, outside of the courtroom. The idea here is the weight of the government should not be allowed to try to taint the jury pool or subvert and/or prevent the constitutionally required fair trial by a jury of the accused’s peers — by enflaming local passions in the press.

There is a specific Tennessee law that prevents that sort of prosecutorial misconduct, on pain of criminal proceedings against the involved prosecutor.

This past Monday, Kristi Noem flew all the way from DC to Nashville to hold a press conference, excluded Representative Justin Jones (D., Nashville), now a friend of mine, from that press availability — and made manifold false claims to the press on TV right in front of the Abrego jury pool in Nashville. This was not the first time she and her Noemites did this — but it was the first time she personally appeared inside Nashville for an agitprop session.

Make no mistake: Noem herself is committing crimes in Tennessee — because she well-knows her “Abrego case” (such as it is) is dead in the water. Here’s all that in an overnight defense motion before the able USDC Judge Crenshaw:

…These comments made by a sitting cabinet secretary (and one of the Nation’s highest ranking law enforcement officials) in this District, mere miles from the courthouse where Mr. Abrego’s case is pending are precisely of the type that are most likely to prejudice Mr. Abrego’s right to a fair trial. Secretary Noem assailed Mr. Abrego’s character and reputation, including with verbal insults and allegations that are irrelevant to the offenses charged in the indictment and almost certainly inadmissible at trial. See M.D. Tenn. L. Crim. R. 2.01(a)(2)(B)(), (viii). She also presumed that Mr. Abrego is guilty, without regard to the judicial process or the presumption of innocence, and repeated the government’s refrain that Mr. Abrego should “never be released free.” See id. 2.01(a)(2)(B)(vi), (vii). Especially given that Secretary Noem went out of her way to come to this District and make these remarks to the local press, these statements are not just highly likely to taint the jury pool; they appear calculated to maximize the prejudice to Mr. Abrego. In light of the significant potential prejudice, on July 21, the defense requested that the government issue a retraction….

As the Court is aware, since Mr. Abrego was illegally renditioned to El Salvador, the government has waged a public disparagement campaign against him that has only intensified since he was indicted in this District. See ECF 69 at 3-6. On July 2, 2025, Mr. Abrego requested that the Court order that the parties comply with Local Criminal Rule 2.01, which prohibits making “an extrajudicial statement. . . that. . . will be disseminated by public communication, and will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter,” M.D. Tenn. L. Crim. R. 2.01(a)(1). See ECF 69.

The Rule applies to both lawyers and the “government agencies or offices. . . and employees of such. . . government agencies or offices, with which the lawyer is associated.” Id. 2.01(a)(4). On July 3, the Court granted Mr. Abrego’s motion. See ECF 73.

That same day, to ensure compliance with the Court’s order, defense counsel requested in writing that the government confirm that it would send the order to personnel in their supervisory chains and any government agencies or offices involved in the case, as defined in Local Criminal Rule 2.01(a)(4). On July 9, defense counsel sent a second written request for the same confirmation. The government has not yet responded to either of defense counsel’s queries….

Do read it all — but I won’t reprint her criminally slanderous lies.

Onward now — to survey the Iron Man ’25 water course… here with my running shoes in the dirt, in Boise… grin. Out.

नमस्ते

Mirengoff (After Lots Of Irrelevant Gibberish) Admits Trump Is Violating Clear Con. Law, On Commanders’ NFL Naming Flap.

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As he did when the NFL franchise owners first changed the name (four years ago), Mirengoff again argues that public opinion among Native Americans should be the only relevant question about the naming of the franchise.

Poppycock.

Even if we were to assume that Paul is correct that some 90% of Native Americans don’t object to the prior name… he simply ignores the fact that in America, people who own businesses or other assets, including sports franchisees… have every right to name their sports team anything they choose in their own business judgment. This Paul never even mentions (once again).

He goes on to only mildly suggest that maybe the President of the United States should not be telling the owners of a private business what they are allowed to call their business, on pain of wrongfully denying that business financing for a new stadium deal despite the local government having voted in favor of the stadium deal.

In the end, though whiny cowardly terms, he does admit that Trump is 100% in the wrong here:

“…The key point, though, is that the president should not be using federal power to pressure sports-team owners to rename their teams. Nor should they use that power to jeopardize a legitimate business deal — construction of a stadium in D.C. — that, if consummated, would confer significant benefits on Washington, D.C., including the return of the team to the city and concomitant economic gains…”

Yikes. What a bunch of cowardly boot lickers.

Out.

Hinderaker Here Complains Of “Sexism” — But Then Plasters Two Very Nearly Undressed Pics Of Her — Full Sized — In His Piece. Hilarious.

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John captions his piece this morning “Sex Sells”.

He seems to believe that he is championing the right of very capable women athletes to do whatever it is they would like to do, in life…

Although in his editorial — he chooses to objectify her, not once, not twice — but three times.

He is certainly right that she is beautiful.

But it kind of defeats the purpose to write such a piece, if his whole goal is to sell her sex.

And that certainly seems to be what he’s doing here for his readership.

Also, in his third insult — while still completely and blissfully unaware of his own idiocy… he chooses to conclude his piece by noting that her “career” is “ taking off” in Pittsburgh — because she is dating the number one rookie drafted in Major league baseball, a pitcher — with whom she attended LSU.

In John’s mind, she’s not a world-class gymnast, she’s just “arm candy” for a heat slinger / flame-thrower.

Wow.

Not entirely surprising, but pretty disappointing — just the same.

Onward.

New Cases Of Clade 1 In Australia; Trump’s Ineptitude Causes Spoilation Of Hundreds Of Thousands Of Mpox Vaccine Vials US Was To Ship To Africa…

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Yep, we are learning that up to 760,000 doses of the vaccine the US purchased for Africa under Mr. Biden cannot be shipped, because Trump has delayed — and delayed — and now all but 220,000 of them will be too close to expiration date, before they leave the US — so under WHO standards, they must be discarded, rather than administered. Charming. Well done, “Cartoon Don”….

Here’s the latest, on the second case near Queensland, down under:

…Health Minister Tim Nicholls said the infection was acquired in central Africa and contact tracing was underway.

“He was not contagious on the return journey to Australia from Africa and those close contacts that he has been in contact with, including at the emergency ward and in other locations, are being contact traced right now and identified,” Mr Nicholls said.

He said the department had identified 19 community contacts, including members of the man’s family, and 40 hospital staff contacts.

Head of infectious diseases at the Princess Alexandra Hospital Doctor Geoffrey Playford said he did not expect the number of community cases to increase….

Onward, driving deeper into the mountanins this morning, to see an 87 year old aunt struggling with a severe COVID bout. But all will be well. Grin.

नमस्ते

Mozambique Reports First Mpox Clade 1b Case; Now 24 Nations In Africa With Currently Active Outbreaks: CIDRAP

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In the last two days, eleven additional cases were seen — near the border with Tanzania — a known 2025 outbreak hotspot.

The first cluster in Mozambique included two men and one woman. Here’s the latest, from the superlative CIDRAP — but again, the Trumpian isolationism and penny-pinching on USAID is certainly going to kill high tens of thousands, globally — mostly children (who also face severe malnutrition):

…Mozambique last week confirmed its first mpox cases of the year, bringing the number of African nations reporting outbreaks to 24. Meanwhile, one of the top officials from the Africa Centres for Disease Prevention and Control (Africa CDC) today described a mixed picture of outbreaks on the continent, with encouraging declines in high-burden countries, but cases trending upward in five nations.

Yap Boum, PhD, MPH, deputy incident manager for Africa CDC’s mpox response, said Mozambique’s three cases involve two men and one woman, none of whom had traveled recently, suggesting that transmission in the country has been ongoing. The cases were detected in an area near the border with Tanzania.

He said the country is taking a patient-isolation approach, which includes food and psychiatric care, to curb the spread and that so far sequencing results are not available….

Now you know — largely off-grid on holiday until the 29th in the evening. Smile.

नमस्ते

Blogging Forecast: Numerous Outages — On Holiday, With 90 Year Old Mom!

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I will duly note, though, in the interim… that in Nashville yesterday, before I flew to the Rockies… the able USDC Judge Crenshaw put a tentative trial date on the books, for the Noemites’ claim to continue to detain Abrego Garcia (if we ever get that far — not likely).

That date will be January 27, 2026, thus:

…Evidentiary hearing held on July 16, 2025 to review the decision of detention.

Trial date is set for January 27, 2026, at 9:00 a.m.

Status conferences will be held in October and one in December.

A sample Scheduling Order was provided to the parties and shall be submitted to the Court by July 30, 2025.

One witness (and exhibits) presented.

Court to take government’s motion under advisement….

He did indicate that he doesn’t see how the Government was even entitled to a hearing on detaining Abrego Garcia, as the Bail Reform Act says “shall” receive… bail, under these circumstances.

He also said he is likely to rule some time next week — and if I have some non-dodgy WiFi, I’ll get that out to the readership. Onward. Be excellent to one another. We are all we’ve got.

नमस्ते

How To Teach Noem To Read… Plain English? Regarding The Khalil Matter…

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There are clear injunctions in force, in federal court in Newark, against the Noemites making any additional (collateral) efforts to “remove” Mr. Khalil (a lawful US resident), for his prior, peaceful First Amendment activities.

But she continues to say she may try, via specious administrative agency moves, to avoid that clear federal injunction. Not so, says the able USDC Judge this morning — by a clarifying opinion, and a further order:

…The “Respondents are preliminarily enjoined from seeking to remove the Petitioner from the United States based on the Secretary of State’s determination.” As a matter of plain meaning, “seeking” removal from the United States covers steps that come before physical removal from the United States. Detention is one example. Continuing to pursue charges is another.

Second, the “Respondents are preliminarily enjoined from seeking to remove the Petitioner from the United States based on the Secretary of State’s determination.”

Again as a matter of plain meaning, seeking removal “based on the Secretary of State’s determination” includes all efforts to remove the Petitioner that are predicated on (“based on“) the Secretary’s determination.

This is not qualified.

This covers all efforts. Those that are solely based on the Secretary’s determination. And also those that as a practical matter meaningfully rely on the Secretary’s determination. “Based” covers both….

Yikes. But dammit, if these people aren’t… tediously malignant pin-heads. Just… damn.

Onward, to the USDC here in Nashville — for Mr. Abrego Garcia’s evidentiary hearing — after I finish my breakfast. Stay tuned.

नमस्ते

In 2025 Alone, There Have Now Been Over 26,000 Cases Of Mpox Clade 1b In Central Africa. Additional Vaccine Supplies Are Urgently Needed.

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We all need to keep beating this drum. Incessantly.

It is primarily malnourished children under the age of 14 who are dying, in DRC now. Children — and paid sex workers. This is, by all modern medical standards — an entirely avoidable bolus of 26,000 newly-debilitated people, who will now likely have life long consequences. If they survive at all. Here’s the latest:

…More than 26,000 cases of mpox have been recorded across Africa since the start of 2025, with the Democratic Republic of Congo (DRC) bearing the heaviest burden, according to data released by the World Health Organization (WHO) via UN OCHA’s Reliefweb.

As of July, a total of 26,734 mpox cases and 115 deaths have been reported across 21 African countries. The DRC alone accounts for 13,545 cases and 38 fatalities, followed by Uganda (6,051 cases) and Sierra Leone (4,610 cases).

While WHO data indicates a recent decline in new infections—particularly in DRC and Sierra Leone—health authorities caution that the trend may be misleading due to testing delays, inconsistent surveillance, and waning response resources in many affected areas….

Onward. Now you know.

Please reach out to anyone you know who might in a position to do something — inside the UK, Japan, the EU or even China — these may be the most fruitful avenues of influence, now that Trump has utterly sidelined USAID. Damn.

नमस्ते

[U] History Will Record That The Dissent Was Correct, In McMahon v. New York. Damn.

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To be certain, Dred Scott was a vast malignancy / mistake. But it took decades to correct that evil / error.

So too, Roberts’ handing Tangerine the temporary discretion to keep cutting huge portions of the Congressionally mandated Education Department to ribbons. Damn:

…When the Executive publicly announces its intent to break the law, and then executes on that promise, it is the Judiciary’s duty to check that lawlessness, not expedite it. Two lower courts rose to the occasion, preliminarily enjoining the mass firings while the litigation remains ongoing. Rather than maintain the status quo, however, this Court now intervenes, lifting the injunction and permitting the Government to proceed with dismantling the Department.

That decision is indefensible. It hands the Executive the power to repeal statutes by firing all those necessary to carry them out. The majority is either willfully blind to the implications of its ruling or naive, but either way the threat to our Constitution’s separation of powers is grave.

Unable to join in this misuse of our emergency docket, I respectfully dissent….

Congress has also charged the Department with ensuring equal access to education. See §3402. The Department’s Office of Civil Rights, for example, enforces several anti-discrimination laws as to federally funded educational programs, see §§3413, 3441(a)(3), including Title VI, 42 USC §2000d et seq. (prohibiting discrimination on the basis of race, color, and national origin); Title IX, 20 USC §§1681–1689 (prohibiting discrimination on the basis of sex); and Title II of the Americans with Disabilities Act, 42 USC §§12101–12103 (prohibiting discrimination on the basis of disability). The Department additionally administers the Individuals with Disabilities Education Act (IDEA), which funds and supports special education services for more than 7 million students with disabilities….

Tens of millions of low-income families, too, rely on financial assistance programs administered by the Department under Title I of the Elementary and Secondary Education Act. Put simply, schools and students in every State rely on federal programs established by Congress and run by the Department.

Congress has prohibited the Secretary of Education from “aboli[shing] organizational entities established” in the Department’s organic statute. 20 USC §3473(a)(2). As for statutory entities “transferred to the Department,” the Secretary may only “consolidate, alter, or discontinue” a subset of entities specifically identified, after providing Congress with 90 days’ advance notice and a “statement of the action proposed… and the facts and circumstances relied upon in support of such proposed action.” §§3473(b)(1)(A)–(L), (b)(2)….

What a strange time in US (Orwellian) politics. [Do Roberts / Alito / Thomas appear as features, in the real Epstein files?!] Out — on a jet by 4 pm.
UPDATED: EmptyWheel is on fire — and correct, overnight: “…Plus, think of the optics of this! Trump has sicced a wrestling promoter currently fighting allegations of fostering sexual abuse of boys… on school children.

Let me repeat that: Trump has sicced a billionaire wrestling promoter, currently fighting allegations she overlooked sexual abuse of boys, who has absolutely no expertise on education, on school children. That’s the person who is going to start taking away educational opportunities for poor kids.

John Roberts just gave this billionaire wrestling promoter accused of letting an employee sexually exploit boys sanction to start destroying local school programs….” Damnation. She’s right.

नमस्ते