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This Was An Astonishingly-Stupid Gambit By Kristi Noem — Now She’ll Reap The Whirlwind. Order Below!

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The very capable USDC Judge Paula Xinis has entered her order, from today’s hearing.

I reproduce it below, in full — it is a BANGER! Enjoy:

…For the reasons discussed during today’s status conference, the Court finds that the Defendants have failed to comply with this Court’s Order at ECF No. 51. In advance of the conference, the Court had directed Defendants to file a supplemental declaration from an individual with personal knowledge, addressing the following: (1) the current physical location and custodial status of Abrego Garcia; (2) what steps, if any, Defendants have taken to facilitate Abrego Garcia’s immediate return to the United States; and (3) what additional steps Defendants will take, and when, to facilitate his return. ECF No. 51. Defendants made no meaningful effort to comply. Instead, they complained that the Order is “unreasonable and impracticable,” and involves “sensitive country-specific considerations wholly inappropriate for judicial review.” ECF No. 59 at 2.

During the hearing, the Court posed straightforward questions, including: Where is Abrego Garcia right now? What steps had Defendants taken to facilitate his return while the Court’s initial order on injunctive relief was in effect (from the afternoon of April 4, 2025, through the morning of April 7, 2025, and since 6:35 PM last night)? Defendants’ counsel responded that he could not answer these questions, and at times suggested that Defendants had withheld such information from him. As a result, counsel could not confirm, and thus did not advance any evidence, that Defendants had done anything to facilitate Abrego Garcia’s return. This remained Defendants’ position even after this Court reminded them that the Supreme Court of the United States expressly affirmed this Court’s authority to require the Government “facilitate” Abrego Garcia’s return. See Noem v. Abrego Garcia, 25A949, 604 U.S. ___ (2025), Slip Op. at 2.

From this Court’s perspective, Defendants’ contention that they could not answer these basic questions absent some nonspecific “vetting” that has yet to take place, provides no basis for their lack of compliance.

Accordingly, it is hereby ORDERED that beginning April 12, 2025 [a Saturday & Sunday!], and continuing each day thereafter until further order of the Court, Defendants shall file daily, on or before 5:00 PM ET, a declaration made by an individual with personal knowledge as to any information regarding:

(1) the current physical location and custodial status of Abrego Garcia;

(2) what steps, if any, Defendants have taken to facilitate his immediate return to the United States;

(3) what additional steps Defendants will take, and when, to facilitate his return.

A follow-up in-person hearing will be scheduled for Tuesday, April 15, 2025, at 4:00 PM.

To the extent Plaintiffs seek additional relief, their motion shall be filed no later than 5:00 PM ET on Saturday, April 12, 2025. Defendants shall file any response by 5:00 PM ET on Sunday, April 13, 2025.

So Ordered….

Way to go, Kristi — you’ve pissed off the wrong very capable USDC Judge. Get ready to have your a$$ handed to you. Grinning ear to ear — even as we know Mr. Abrego-Garcia remains in danger of some very bad event — due solely to Kristi Noem’s fecklessness.

[To be clear, Judge Xinis is making a daily written record, so that she may shortly jail any lawyer who appears before her — for non-compliance. Federal contempt of court is no laughing matter, and whomever Noem sends into court on Tuesday… they probably should leave their belt and watch at home, a wear a worn-out tie — because it may go into a bin, for return to the person incarcerated, after a few days. Damn.] Out.

नमस्ते

Excellent! The Motion To Dismiss Tom Fitton’s Nonsense Strike Suit — In My Town — Will Be Heard May 7, 2025… In Chicago’s Loop. I’ll Sit In On It.

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This is very good news, on a sunny Friday afternoon….

The best of my full backgrounders… is here. But if you’re a regular reader — you know that it is about… our reparations program (the first — now largest, and the most effective by a wide margin, in the nation, I believe).

Yep — I won’t wear a black suit, since I won’t appear formally, but I will watch and listen, intently while looking down through the windows on the 21st floor, at the iconic, and very orange… Calder — in the plaza, below.

…MINUTE entry before the Honorable John F. Kness:

The Court sets an in-person hearing for oral argument on the pending motion to dismiss for 5/7/2025 at 11:30 A.M. in Courtroom 2125.

Mailed notice….

This should be a banger — and should be the end of his lunacy, here. He’s never provided proof on any of his putative plaintiffs’ residency, to qualify for the program — thus, no standing — he’s gonna’ be dismissed. Hilarious! Out.

नमस्ते

[U, X5 — JUDGE ORDERS FILING BY 11:30 AM EDT; Noem Lawyers Miss Deadline!] This Scandalously Brazen Depravity… Ought To Be Denied — But Be Given A Short Reprieve — Only Until 11:30 AM EDT, Today, By The Courageous USDC Judge Xinis.

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D A M N A T I O N.

Update Nos. 4 AND 5, here: As of 12:45 AM EDT, Noem has nothing on the record to comply with Judge Xinis’s order — on the status of Mr. Garcia’s safety and well being. End, Nos. 4 and 5.

Stay tuned for 1 PM Hearing.

The monster-show continues, under Kristi Noem. Of course she and her lawyers knew there would be a Supreme Court decision, on Mr. Garcia — at any moment, since Monday. Of course, she suggests they shouldn’t have to work outside of bankers’ 9-5 hours, to save a man’s life?! Of course, she is the reason the man’s life is (wrongfully) in danger.

The able Judge Xinis actually did should only give them until around 11:30 AM Eastern, today. They’ve put a man lawfully in the USA in mortal danger, solely due to what at best looks like a very negligent error — and may have even been… intentional misconduct.

We shall see, but it may mean the next we thing hear is at the 1 PM status conference today (and this is from a grab from the government’s deplorable motion, in text — now rejected and disabled by the court clerk for errors — so I gather this is the sole public copy of it, below):

…[These are CONTRACT private prisons, the US is CONTRACTING with El Salvador — this is no “diplomatic” problem. The US absolutely has the right to order the return of its US prisoners, under the THE CONTRACT.]

It would also be impracticable for Defendants to comply with the Court’s 9:30AM deadline only a few hours after the Supreme Court issued an order in this case. The amended preliminary injunction further is inconsistent with the Supreme Court’s express directive that the compliance “deadline in the challenged order is no longer effective.” Id.

Defendants propose that the Court modify its order to allow Defendants until 5:00 p.m. on Tuesday, April 15, 2025, to submit its supplemental declaration, and to reschedule any hearing on this matter until Wednesday, April 16, 2025….

UPDATE @ 10AM EDT: The purported filing above was bounced for rule errors, in the filing — and disabled — but not before I got a PDF of it. This is a “corrected copy” — missing the inflammatory language (do stay tuned, right here — but the govt. is now in default on a court order from Judge Xinis!):

“…NOTICE regarding: [52] Motion for Extension of Time filed by Kenneth Genalo, Kristi Noem, Marco Rubio, Todd Lyons, Pamela Bondi, Nikita Baker. It has been noted as FILED IN ERROR, and the document link has been disabled.

**The name of the attorney who e-filed the motion does not appear on the document and the attorneys whose names are on the document are not admitted to the Maryland Federal Bar nor have they been granted a Special Appearance. An attorney may not e-file a document on behalf of another attorney. See Local Rule 102.1(a)(i) When a party is represented by counsel, the Clerk shall accept for filing only documents signed by a member of the Bar of this Court whose appearance is entered on behalf of that party. Use of any of the methods for signing an electronic document established by the Court, including use of an attorneys login and password to electronically file a document, constitutes the attorneys signature on the document….

Update No. 2 — Mr. Garcia’s lawyers have forcefully pushed back, thus: …the Government continues to delay, obfuscate, and flout court orders, while a man’s life and safety is at risk. Its request for an extension — filed this morning in defiance of the Court’s rules requiring consultation with Plaintiffs’ counsel — is another stunning display of arrogance and cruelty. It did not take that time to ponder whether to remove Garcia — which it effectuated within 72 hours of his unlawful seizure — and it does not need that time to comply with this Court’s and the Supreme Court’s rulings. We vigorously oppose the Government’s motion, and we further request that the Government immediately report on Mr. Abrego Garcia’s safety and well being. We will attend the scheduled hearing at 1 p.m….

End update No. 2.

Damn these soulless cowards, under Kristi Noem — and the political advisers / leaders of ICE, Stephen Miller, Marc Rubio and Tangerine hisself. Damn them. Stay tuned for 11:30 AM, and then… 1 PM EDT.

नमस्ते

And, The Able USDC Judge Xinis In Maryland Has ALREADY Ordered Kristi Noem To “Take All Available Steps” TONIGHT…

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She also ordered Noem to report by 9:30 am Eastern, tomorrow, Friday — on what steps have been taken… to get Mr. Abrego Garcia home. She will hold a hearing tomorrow afternoon in Greenbelt, MD — and I’d bet a dial in will ultimately be made available.

Rather than just post a link — I am posting the able USDC Judge Paula Xinis’s order in full text below. This is how you… run a court, when a man’s life literally hangs in the balance (due to shocking ICE / DHS / governmental incompetence — at best):

…The Supreme Court’s April 10, 2025 decision in Noem v. Abrego Garcia, 604 U.S.—–, No. 24A949, affirmed this Court’s Order at ECF No. 21 (the “Order”), and directed that on remand, this Court clarify its use of the term “effectuate,” according proper deference to the Executive Branch in its conduct of foreign affairs. See Slip Op. at 2. To this end, the Court hereby amends the Order to DIRECT that Defendants take all available steps to facilitate the return of Abrego Garcia to the United States as soon as possible.

Further, as the Supreme Court made clear, “the Government should be prepared to share what it can concerning the steps it has taken and the prospect of further steps.” See Slip Op. at 2.

Accordingly, the Court DIRECTS Defendants to file, by no later than 9:30 AM ET on Friday, April 11, 2025, a supplemental declaration from an individual with personal knowledge, addressing the following: (1) the current physical location and custodial status of Abrego Garcia; (2) what steps, if any, Defendants have taken to facilitate Abrego Garcia’s immediate return to the United States; and (3) what additional steps Defendants will take, and when, to facilitate his return. To the extent Defendants believe any portion of their submission must be filed under seal, they shall comply with the Court’s Local Rules governing the sealing of materials. See D. Md. Loc. R. 105.11.

Finally, the Court will hold an in-person status conference on Friday, April 11, 2025, at 1:00 PM ET, at the United States District Court for the District of Maryland, 6500 Cherrywood Lane, Greenbelt, Maryland 20770….

And so we see that the vast majority (now around 100-to-1) of all US lawyers and judges (regardless of political leanings) are saying the same thing to Tangerine 2.0 and Kristi Noem: the notion of ordered liberty, under the law — and due process… “will not die — not on my watch“. Onward.

नमस्ते

Hilarious — Hinderaker Is Trying To Put Lipstick On The Pig — The One He Himself Raised.

~ condor ~ 2 Comments

The hilarious thing is that Hinderaker now has to be protected by comment moderators, from his own commenters — for reciting what is plainly… reality, about the chaos and incompetence we all see (even if some in his number do not see this all as malignancy — it still needs to be corrected).

And that is… something new — in American politics: A cult of personality so myopic that many adherents get violently caustic — against their own long term leaders… solely for the sin of expressing… impure thoughts.

Hinderaker, tonight — trying to avoid mentioning that his girl Kristi Noem has made a vast mess of what should be simply due process… and so, instead he decides to talk about how it is a “win” when Trump (intentionally?) knocks trillions out of the stock market — and only recovers half of what he’s crashed. Let’s listen in:

…Taking an action that causes a steep decline, followed by a partial retraction of that action that causes half of the ground that was lost to be made up, is not normally regarded as a coup, let alone a stroke of genius. And, of course, the markets were down sharply again today….

As I say… this would be hilarious — if it wasn’t so sad.

[In passing, do remember that John loved Navarro before he cut into John’s 401k.]

Damn.

[U: Mirengoff Is A Beat Behind.] The Supremes Have Directed The Return To The US, Of Mr. Abrego Garcia. Finally!

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Updated: Paul Mirengoff (writing before he became aware that the Supremes had acted in favor of Mr. Abrego Garcia tonight) pussy-foots around what he knows is a terrible violation of due process — compounded by willful destain from Kristi Noem for the rule of law. The bad faith in that courtroom from the government proponents was palpable. That’s not being tough. That’s OBSTRUCTION of justice. He is too much a coward to say so. But that is what it is. End updated portion.

It is insane that US Supreme Court Justices are now having to offer remedial courses on due process, to what are supposed to be the best US Government lawyers in the land. But that is where we are, in the time of incompetence and chaos… simply put, in the time of Trump.

Here is the unsigned opinion (just published), without any dissents — and only one concurrence, from Sotomayor — to teach Noem a lil’ law. And so, here is the best bit — of that concurrence:

…Instead of hastening to correct its egregious error, the Government dismissed it as an “oversight.” Decl. of R. Cerna in No. 25–cv–951 (D Md., Mar. 31, 2025), ECF Doc. 11–3, p. 3. The Government now requests an order from this Court permitting it to leave Abrego Garcia, a husband and father without a criminal record, in a Salvadoran prison for no reason recognized by the law.

The only argument the Government offers in support of its request, that United States courts cannot grant relief once a deportee crosses the border, is plainly wrong. See Rumsfeld v. Padilla, 542 U. S. 426, 447, n. 16 (2004); cf. Boumediene v. Bush, 553 U. S. 723, 732 (2008). The Government’s argument, moreover, implies that it could deport and incarcerate any person, including U. S. citizens, without legal consequence, so long as it does so before a court can intervene. See Trump v. J. G. G., 604 U. S. ___, ___ (2025) (SOTOMAYOR, J., dissenting) (slip op., at 8). That view refutes itself. Because every factor governing requests for equitable relief manifestly weighs against the Government, Nken v. Holder, 556 U. S. 418, 426 (2009), I would have declined to intervene in this litigation and denied the application in full.

Nevertheless, I agree with the Court’s order that the proper remedy is to provide Abrego Garcia with all the process to which he would have been entitled had he not been unlawfully removed to El Salvador. That means the Government must comply with its obligation to provide Abrego Garcia with “due process of law,” including notice and an opportunity to be heard, in any future proceedings. Reno v. Flores, 507 U. S. 292, 306 (1993).

It must also comply with its obligations under the Convention Against Torture. See Convention Against Torture and Other Cruel and Inhuman or Degrading Treatment or Punishment, Dec. 10, 1984, S. Treaty Doc. No. 100–20, 1465 U. N. T. S. 113. Federal law governing detention and removal of immigrants continues, of course, to be binding as well. See 8 U. S. C. §1226(a) (requiring a warrant before a noncitizen “may be arrested and detained pending a decision” on removal); 8 CFR §287.8(c)(2)(ii) (2024) (requiring same); see also 8 CFR §241.4(l) (in order to revoke conditional release, the Government must provide adequate notice and “promptly” arrange an “initial informal interview… to afford the alien an opportunity to respond to the reasons for the revocation stated in the notification”). Moreover, it has been the Government’s own well-established policy to “facilitate [an] alien’s return to the United States if… the alien’s presence is necessary for continued administrative removal proceedings” in cases where a noncitizen has been removed pending immigration proceedings. See U. S. Immigration and Customs Enforcement, Directive 11061.1, Facilitating the Return to the United States of Certain Lawfully Removed Aliens, §2 (Feb. 24, 2012).

In the proceedings on remand, the District Court should continue to ensure that the Government lives up to its obligations to follow the law…

Well… it is an ugly win, but a win nonetheless. I’ll take it — and I am sure his wife and children are relieved.

नमस्ते

CREW Just Won Out, In DC. Judge Cooper Holds Elon Musk And DOGE Must Generate 1,000 Pages A Month Of The FOIA Documents… Essentially Immediately.

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As we said it would — CREW has prevailed. The able Judge will hold the documents generated via FOIA requests in his chambers until he decides summary judgment (a motion DOGE is likely to lose in a few weeks).

Then, these thousands and thousands of documents will be made… public. Excellent — smoke THAT, Elon and Tangerine 2.0:

…MINUTE ORDER:

The Court has reviewed [30] and [33] the parties’ joint status reports concerning production of OMB and USDS records, respectively. The Court hereby directs both OMB and USDS to process the records responsive to CREW’s requests at a rate of 1000 pages per month. Although the [24] government’s motion for summary judgment remains pending, the Court already held that USDS is likely subject to FOIA. Mem. Op., ECF No. 18, at 23-28. Thus, the Court ordered USDS to begin processing records because “if USDS does not even begin processing the request until after the question of whether it is subject to FOIA is litigated on the merits, a decision in CREW’s favor will likely be followed by additional processing delays.” Op. Denying Mot. for Recons., ECF No. 23, at 8. In accordance with that holding, USDS, along with OMB, must begin processing responsive records now. The Court will not order USDS to produce any documents to CREW until after the Court rules on USDS’s motion for summary judgment, however….

Turning to the appropriate processing rate, although the government is correct that “a production rate of 500 pages per month has been approved” in routine cases in this district, Middle E. F. v. U.S. Dep’t of Homeland Sec., 297 F. Supp. 3d 183, 187 (D.D.C. 2018), this is not such a case. As the Court explained in its two prior opinions, the records requested here are “important” and “directly tied to [] current, ongoing” actions by USDS, which “are of the highest national concern.” Mem. Op., ECF No. 18, at 17, 32. The Court thus held that “Congress and the public must receive the requested information ‘in a timely fashion’ such that they can participate in these ‘ongoing public and congressional debates about issues of vital national importance.'” Id. at 19. Indeed, the government has already granted expedited processing of both of CREW’s requests directed to OMB. Compl. ¶¶ 94, 100. And the Court held that the request directed to USDS was also likely entitled to expedited processing. Mem. Op. at 30.

For these reasons, a somewhat higher processing rate of 1,000 pages per month is appropriate for records responsive to both the OMB and USDS Requests. Although the government indicates that USDS does not have a FOIA Office, it has not shown that it would be unduly burdensome to impose the same processing rate on USDS because, as the Court already noted, “USDS [has provided] no reason why the existing FOIA office at OMB, or those elsewhere within the Executive Office of the President, could not assist with processing the narrow USDS Request.” Op. Denying Mot. for Recons at 17.

Nevertheless, the Court expects CREW to work in good faith to narrow and prioritize its record requests, which have generated a relatively large amount of potentially responsive documents. The Court might entertain a request for a higher processing rate should it be satisfied that CREW has done so and the production is yielding meaningful results. Signed by Judge Christopher R. Cooper on 4/10/2025….

Excellent — and now, you know. Just as we said — that “enigma, wrapped in a riddle — and floating on a cloud” argument was never going to fly.

नमस्ते

[U] Except That Musk Is A Well-Known… Liar, John.

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Hinderaker is burping about supposed unemployment compensation fraud that Elon Musk‘s team claims to have found.

John wholly fails to mention that musk’s team has repeatedly been caught in lies about the fraud they claimed to have found… That didn’t exist at all. [Updated Friday AM: NYT catches a few.]

And that’s before we get to the alleged securities frauds that Musk personally committed during his time trying to raise money for Tesla — and trying to raise money for a bid for Twitter.

So forgive me if I don’t believe much of what he says… Ever. Show me actual court documents that have been entered into evidence and I may change my mind.

Otherwise, he’s just another snake oil salesman telling me more about a swamp that doesn’t exist.

Out.

Power Alley: Merck Files Patent Infringement Suit Against Xiromed (A Spanish Generics/Pharma Co.), Related To Organon’s Legacy Nexplanon® Patents.

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It has been a minute since we last dipped into Rahway’s ongoing portfolio of patent litigation filings, to preserve the exclusivity it spent billions securing, globally — for various of its drugs and biologics. Merck got Nexplanon via the Organon transactions over 15 years ago — but now Organon trades under its own name once again, as a women’s health portfolio company.

I think Merck still retains a significant amount of equity in the “new” Organon. So there you have it. In any event, here’s the complant at law, in federal court in New Jersey, and a bit:

…On information and belief, Defendant Xiromed España is a limited liability company organized and existing under the laws of Spain, with a place of business at Calle de Manuel Pombo Angulo, 28, 3rd floor, Hortaleza, 28050, Madrid, Spain….

On information and belief, Insud is the ultimate parent of both Xiromed España and Xiromed, LLC. On information and belief, Xiromed España and Xiromed, LLC are the business entities through which Insud markets and sells generic drug products in the U.S. market….

By a letter dated February 20, 2025 (“Xiromed Notice Letter”), Xiromed notified Plaintiffs that Xiromed had submitted to the FDA Xiromed’s ANDA for approval to market and sell in the United States a purported generic version of NEXPLANON® (etonogestrel implant, 68 mg/implant) (referred to herein as the “Xiromed ANDA Product”), prior to the expiration of the patents-in-suit….

Insud, in concert with Xiromed España and Xiromed, LLC, has committed an act of infringement in this judicial district by filing Xiromed’s ANDA with the intent to make, use, sell, offer for sale, and/or import the Xiromed ANDA Product in or into this judicial district, prior to the expiration of the patents-in-suit….

NEXPLANON® has two primary components: (1) a matchstick-sized, radiopaque implant containing etonogestrel, a synthetic hormone that prevents pregnancy by inhibiting ovulation, and (2) a novel applicator device used to insert the implant subcutaneously at the proper location in the upper arm. Once inserted, a single NEXPLANON® implant systemically delivers an ongoing low dose of etonogestrel into the bloodstream for up to three (3) years, which then prevents ovulation in the ovaries. When used correctly, NEXPLANON® is over ninety-nine (99) percent effective at preventing pregnancy….

NEXPLANON®, as well as methods of using NEXPLANON®, are covered by one or more claims of the patents-in-suit. The ’037 and ’552 patents are listed with NDA No. 021529 in the FDA’s Orange Book….

Do stay tuned. This one could rumble on for a few years, if not settled. Onward. Here’s a 2021 settled-version of the same thing, same patents — against another generic, as we covered it — back then. Grin.

नमस्ते

The Outbreak Of Clade 1b Mpox Continues To Reach New Nations, In Europe: This Time, Switzerland — Disconcerting News.

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Well… he sure picked a good moment to cut off international aid to arrest epidemics and pandemics, eh? Damn.

This is all rather repetitive, and iterative, at this point. He’s made the world a far less safe place, speaking from a human public health/viral spread point of view.

Per CIDRAP’s on the spot reporting, overnight — then:

…A traveler returning to Switzerland from Africa has been confirmed to have clade 1b mpox. This is the first detection of clade 1b in Switzerland, which is more virulent compared to the clade 2 virus that circulated the globe in 2022 primarily among men who have sex with men.

“The person concerned is in isolation. There is no risk of infection to others,” the Swiss Federal Office of Public Health said….

Separately, it looks to be another volatile day — down on Wall and Broad… as Tangerine 2.0’s self-immolating chaos tour rumbles onward, with neither a point, nor a purpose — even his own people admit it now.

And US House Speaker Johnson can no longer pretend everything is moving along fine, with this train-wreck — Trump’s funding blueprint legislation in the House had to be pulled overnight, as at least five GOP legislators have balked… at just this lack of any sensible, coherent goal… other than chaos, itself, out of 1600 Penn.

Charming. Remember of course, none of Trump’s black Sharpie scribbles mean anything without funding / appropriations from Congress. And he’s hit the wall there — even inside his own party. The lame-duckedness, is arriving a lil’ earlier than I originally guessed — but net, net… it is good news.

नमस्ते