But The Trump Appointed USDC Judge Nichols… Sees A Factual Dispute That Requires Evidence-Gathering, So He Dissolves USAID TRO… Sigh.

We had warned you that he might look for a way to favor Tangerine 2.0 (even by manipulating the procedural rules) — and tonight, he did. Despite clear contrary black letter law, he has largely “invented” several factual disputes, which in his opinion require a full blown evidentiary hearing, and because he then resolved one factual dispute in favor of Trump [the claim that “some” (but by no means not many, even in Trump’s telling) USAID employees are “defying orders“], he says Trump may begin the “pencils down” pause (to enable an audit) while evidence is being collected. He punishes all — for the acts of a very few — if they even be that.

And all of this sort of misses the point: Trump has no authority to stop payments mandated by the US Congress. That comes from a statute. See, Marbury v. Madison.

Here’s Nichols’ order.

I think it is fatally flawed in its reasoning. But the evidence will eventually come in in favor of the USAID employees, and he will end up granting them back pay, front pay and reinstated positions — and filling in all these missing payments a month or two from now. This much is clear, this is not a real win for Tangerine — the plaintiffs will be able to show he acted lawlessly here.

Disappointing, but onward, resolutely — just the same.

नमस्ते

Musk, DOGE And Treasury Shenanigans: Enjoined Nationwide, Tonight In Manhattan By The Able USDC Judge Vargas…

Musk, DOGE and most of all, Team Tangerine 2.0 have been enjoined in long form now — certainly until late March 2025 — and perhaps well beyond.

This is all simply in accord with very well-settled black letter law. Trump’s ignorance — and Musk’s fecklessness — both constitute… no excuse. Here’s the full 64 page opinion, and the summary order, below:

…OPINION AND ORDER:

The Court hereby ORDERS as follows:

ORDERED that, pursuant to Rule 65 of the Federal Rules of Civil Procedure, the United States Department of the Treasury and the Secretary of the Treasury are restrained from granting access to any Treasury Department payment record, payment systems, or any other data systems maintained by the Treasury Department containing personally identifiable information and/or confidential financial information of payees to any employee, officer or contractor employed or affiliated with the United States DOGE Service, DOGE, or the DOGE Team established at the Treasury Department, pending further Order of this Court;

ORDERED that, by Monday, March 24, 2025, the United States Department of the Treasury shall submit a report to this Court, as further set forth herein. Upon receipt of the above submissions from the Department of the Treasury, the Court will schedule prompt briefing to address whether the Treasury Department has adequately redressed the violations of the APA found herein, so as to justify the termination or modification of the preliminary injunction.

The Court hereby defers setting deadlines for the filing of a proposed case management plan or motions to amend the Complaint, and stays any deadlines for filing dispositive motions.

The Court will take up such matters after determining whether, and if so to what extent, a preliminary injunction remains warranted after the Treasury Department’s forthcoming submission.

For the foregoing reasons, Plaintiffs’ motion for a preliminary injunction is GRANTED.

(Signed by Judge Jeannette A. Vargas on 2/21/2025)….

Booyah, baby! Now 2 for 25. Trump on the losing end, of all those contests, save two.

नमस्ते

Nothing About Steve Hayward Suggests… Any Serious Adult Level Thoughts.

So… Steve and his fellow at least theoretically whyte female bomb thrower “Lucretia” today suggest repeal of the Nineteenth Amendment; Steve would allow women to vote for school boards and local mayoral races… and city councils… but not for any national offices.

Charming.

There is nothing serious about this proposition — or him, any longer.

It is simply sh!t stirring for the sole purpose of stirring… sh!t.

He made up a chart that claimed as one’s BMI increases, the number of pronouns one claims also rise, geometrically.

He is a sad (and ironically… overweight!) loser. [Not that I care about such banal trivialities, but it is rather… telling, no?]

Nothing more.

Out.

Tangent: Every Small Act Department…

Well, here in the city of the big shoulders — for many decades — The Reverend Michael Pflager, at Saint Sabina’s Southside Catholic Church… has taken a lead in offering Christ’s social gospel as a mandate, for political action.

Now he is asking that all people of good will who believe that opposition is right course of action, related to the proposed Tangerine 2.0 cuts to social services, science spending and Medicare and Medicaid — and unlawful immigration sweeps, particularly — to please fly your flag upside down all weekend through Monday night.

Let your neighbors know that this is not in any manner, a morally or legally acceptable approach to “smaller government”.

In truth, I never refastened my flag right side up again (but hadn’t flown it in four years), because I saw no need to fly it… upside down, ever since Tangerine 1.0’s time ended.

I flew it upside down on every major holiday, back then, though. [And if you need any more motivation to do it, it was exactly 60 years ago today that Malcolm X was assassinated.]

And so this was a super easy choice for me. See at right… grinning.

नमस्ते

“Might Well Be… Problematic”?! Damnation Mirengoff! You Screeched About The Mueller / Russia Matter!

But you agreed — in Tangerine 1.0’s time — that Trump could not “fire” Mr. Mueller.

How quickly you’ve forgotten… your principles — whatever those once were.

This morning, in trying to shill for Tangerine 2.0’s largely impotent attempts at taking actions that require the Congress to pass new laws (and ones they haven’t even considered), Paul claims all this is like simple corporate down-sizing. As to the able Assistant US Attorneys let go… this was pure vindictive reprisal for pursuing the actual felonies Trump committed — at least 34 of them still stand under NY State law — as completed felonies. He’s a felon — and he’s tried to fire anyone who called him on it. [BTW, you yourself in 2020 said his classified document-stealing offenses were clearly beyond the pale. Damn, son. Own your own prior statements.] Moreover…

I offer three points: one — downsizing is tough, even in private industry where workers have unions. There are unions a go-go, in the federal sector. These NLRA creates statutory rights that Trump is powerless to undo, acting alone.

Two, most civil servants may — by contract — only be let go for well documented, written cause. And they usually are entitled to an internal, individualized hearing of some sort before being let go — also by statute, in most cases. None of that has happened here.

And… three, most important, of the bunch: most if not all of these firings are simply misplaced personal animus. Trump is angry with ever person and branch he’s targeted, lawlessly.

That is the purest definition of “capricious“. His complaints are based on his cult of personality / reality distortion bubble.

And you feed it with yours.

You sir, are a feckless… putz. And he is an impotent lil’ tyrant — in orange face-paint.

New Analysis Of Phoenix Cluster: Finds “The Skiers, At Mid-Mountain” — And Helps Clear Up Star Forming Mechanics, In Hot Gasses.

This is both excellent new analysis — making use of older data, alongside new… AND a very accessible metaphor, for the non-technical thermodynamic / astro-sciences crowd.

The authors of this new study explain that an enduring mystery of star formation was that very hot gasses were seen (skiers hopping off the chair-lifts at the mountain-top) — but only a small portion of those gasses were cooling enough to form stars (skiers turning gracefully back into the lift line, at the bottom of the mountain).

Well, using both X-ray data, mapped onto infrared in the same expanse of the Phoenix cluster, the teams discovered that very large structures were interacting at “mid-mountain” — where a good chunk of the skiers pull into a bistro, on the mountainside, before skiing on down, to catch the chair back up again. This is where they. . . “cool“. Here’s that (at NASA) — and a far more technical paper on it, from the journal Nature:

…Researchers using NASA’s [JWST] have finally solved the mystery of how a massive galaxy cluster is forming stars at such a high rate. The confirmation from JWST builds on more than a decade of studies using NASA’s Chandra X-ray Observatory and Hubble Space Telescope, as well as several ground-based observatories.

The Phoenix cluster, a grouping of galaxies bound together by gravity 5.8 billion light-years from Earth, has been a target of interest for astronomers due to a few unique properties. In particular, ones that are surprising: a suspected extreme cooling of gas and a furious star formation rate despite a roughly 10 billion solar mass supermassive black hole at its core. In other observed galaxy clusters, the central supermassive black hole powers energetic particles and radiation that prevents gas from cooling enough to form stars. Researchers have been studying gas flows within this cluster to try to understand how it is driving such extreme star formation….

“We can compare our previous studies of the Phoenix cluster, which found differing cooling rates at different temperatures, to a ski slope,” said Michael McDonald of the Massachusetts Institute of Technology in Cambridge, principal investigator of the program. “The Phoenix cluster has the largest reservoir of hot, cooling gas of any galaxy cluster — analogous to having the busiest chair lift, bringing the most skiers to the top of the mountain. However, not all of those skiers were making it down the mountain, meaning not all the gas was cooling to low temperatures. If you had a ski slope where there were significantly more people getting off the ski lift at the top than were arriving at the bottom, that would be a problem!”

To date, in the Phoenix cluster, the numbers weren’t adding up, and researchers were missing a piece of the process. [The team] has now found those proverbial skiers at the middle of the mountain, in that it has tracked and mapped the missing cooling gas that will ultimately feed star formation. Most importantly, this intermediary warm gas was found within cavities tracing the very hot gas, a searing 18 million degrees Fahrenheit, and the already cooled gas around 18,000 degrees Fahrenheit….

“In the mid-infrared wavelengths detected by [JWST], the neon VI signature was absolutely booming,” explained Michael Reefe, also of the Massachusetts Institute of Technology, lead author on the paper published in Nature. “Even though this emission is usually more difficult to detect, the new scope’s sensitivity in the mid-infrared cuts through all of the noise….”

And so, those Leadvillian “missing skiers” — taking an afternoon in the sun, and eating croissants and sipping hot cocoa at mid mountain… are hidden no longer. Smile.

नमस्ते

A Small Bit Of Agreement: There Is Certainly Room To Cut US Defense Spending…

Hinderaker and Hegseth are almost uniformly wrong about how to go about it — and where the cuts ought to be made, but directionally… I agree.

It is a certainty, though, that instead of helping their brothers and sisters, these two will take the “savings” and plow them into… tax cuts, for billionaires.

Me? I’d feed more kids in poverty — about a one out of every five US children live with persistent food scarcity.

That is… deplorable.

So — as I say — only the narrowest sliver of agreement.

But I’ll note it just the same.

The Able USDC Judge Cooper In DC Rules That At Least Some Union Claims (For Now) Must Go To The NLRB Process, On Federal Firings.

Okay — so, I guess this puts Tangerine 2.0 at… 2 for 24.

Y A W N.

Since Judge Cooper was appointed by BHO 44, and unanimously approved by the US Senate (after he clerked for Abner Mikva)…

…my educated guess is that he is a very able judge, and so he is probably… right, about this.

Not much else to see here — the union filed in the wrong court / venue — should have chosen the NLRB process. [And so, Tangerine’s reprieve will last only until the union gets across the street to the filing desk at the NLRB — or the federal employees’ version of that agency, to be more precise about it.]

नमस्ते

USDC Judge Alikhan In DC Extends “Freeze, Frozen” TRO — And Will Rule On Prelim. Inj. Before Too Long…

Moments ago, the TRO against the Freeze nonsense (flip flopping / un-flopping) was extended in DC — as it has been in Rhode Island — both as nationwide orders.

And it is highly likely there will be an injunction pretty shortly. Trump loses — again. See this:

…By Order of the Court, the Temporary Restraining Order (“TRO”) will remain in place and a Preliminary Injunction ruling will be issued in due course. Order to follow….

Onward, grinning ever-wider now. Out.

नमस्ते

[U: What A Crock!] Team Tangerine 2.0 Owes Briefing By Noon Today, In USDC Judge Nichols Courtroom In DC: Purported Cutting Of Fed. Govt. Workers Case…

Updated, at Noon Eastern: Well, the latest Peter Morocco sworn statement is now on file. And the upshot here is — the guy who had most of the operational responsibility for the USAID debacle… really didn’t spend time thinking about… much of anything, on a logistical / planning basis — before just dashing off an email firing nearly three thousand people (and in many cases, their young families) living in remote geographies (many of them quite dangerous). Just read all seven pages of it — and shake your head. Damn. This level of ineptitude is pretty much the opposite of an APA compliant “carefully reasoned” change in policy, at an agency. End update.

The unions have made the very clear case for — and received — a TRO against the purported exec. order(s) / Sharpie scribbles that Tangerine 2.0 lawlessly signed about two weeks ago now, to attempt to end the employment of thousands upon thousands of federal workers (with a pen stroke) — ones that may only be let go for well-documented (individualized written), and investigated and adjudicated so-called “cause“.

Do recall that many if not most of these USAID workers were in a precarious / war zone setting in far flung geographies overseas, when Tangerine simply cut them loose without so much as cell-phone access.

We expect that this new brief will only tread old ground, and fail — but we will link it, when it is filed, here. Do recall that Judge Nichols is a Tangerine 1.0 appointee — and is the guy who hemmed in the J6 prosecutions last time around (so anything is possible, here — despite crystal clear black letter law of long standing):

…Minute Entry for proceedings held before Judge Carl J. Nichols: Telephone Conference held on 2/19/2025. Defendants’ supplemental brief and declaration due by noon on 2/20/2025….

In the mean time, while we await more court hearings and filings… take a look here — for granular detail on all this — courtesy our erstwhile Anon. commenter. [Do also read the comment box, below.] Hat tip!

Onward, into the chilly sunshine in the steel and glass canyons. . . all as Tangerine wildly libels and defames the honorable people of Ukraine, and licks the boots of Vlad Putin. Yes, GOP regulars… this is your guy. And you won’t even make a peep about him selling our allies down the river?! Sheesh. Out.

नमस्ते