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Alert: There Will Be Dial-In Access, To The Audio Of The Freeze TRO Hearing Next Week. Details Below.

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This is excellent. Simply… excellent.

These are the people’s courts, afterall. And the interest in this is off the charts. It affects over 2.3 million federal workers, and perhaps hundreds of millions of US citizens who derive funding sources from federal programs of one kind or another. Here’s the order, just entered in the (federal) District of Columbia trial court:

…MINUTE ORDER:

The court will provide access for the public to telephonically attend the hearing on the motion for a temporary restraining order, scheduled for February 3, 2025 at 11:00 a.m. The hearing can be accessed by dialing the Toll Free Number: 833-990-9400 (Meeting ID: 715234770).

It is hereby ORDERED that the attendees using the public access telephone line shall adhere to the following: persons remotely accessing court proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting any court proceedings (including those held by telephone or videoconference). Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the presiding Judge….

Signed by Judge Loren L. AliKhan on 1/31/2025….

Obviously, live-blogging is not a “rebroadcast.” See, Amendment, First.

And we will… live blog. Onward. Out for now.

नमस्ते

Mirengoff Is Again Spewing His Manifestly-Racist Bile — On Ivy League Educations…

~ condor ~ 1 Comment

At the outset, let’s not forget that Mirengoff was the beneficiary of AA. Just the AA of an earlier time: one that finally allowed Jews to be admitted, without numerical limits, to the Ivy Leagues.

Second — as the graphic at right proves, and as he reaffirms in his text today… he truly believes that people of color (as a class) are not now, and will never be… his intellectual peers.

Ugh. [He forever and always seems to ignore any of the NASA scientists from MIT — who look in no manner… like him.]

Nope… I just want to note it, for the hilariously poignant irony of his telling us that meritocracy… means more whyte kids getting… non-numerical “boosts” — to enter the Ivies.

Wow. What a bitter, sad and twisted old codger he’s become. He was also one of those guys who got arrested for storming the admin. buildings of his undergrad campus (Dartmouth; and holding them for three days!) — as a protest against the Vietnam War.

Where o where… did that guy go, Paul?

“Send in the clowns. Don’t bother — they’re already… here.”

[With apologies to Judy Blue-Eyes.]

I’ll Likely Let The National Council Speak For Itself, Tonight… But Mr. Shumate [For Tangerine] Made A Truly Idiotic Argument, Overnight…

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Honestly — I hate to give it any oxygen, at all.

But it is something that needs… to be squelched: Shumate is arguing that Tangerine 2.0’s supposed “executive orders” — this time around — are “beyond contestation“. That they cannot be challenged in any court.

That voting him out, via impeachment. . . is the people’s only redress. [I’ll now wait until tonight, when the National Council of Nonprofits will answer this lunacy — more fully.]

I guess Mr. Shumate was sick and/or traveling — missed class, for the three weeks that 1Ls discuss Marbury v. Madison. [And likewise, in seventh grade civics — when it was covered, as well. Hilariously, Shumate mentions Marbury in his memo at page 12 — but wholly-ignores the direct holding of Marbury — that the President’s actions are all subject to judicial review. He mentions the non-controlling obiter dicta of the Nixon cases as well — ones that ended without a definitive outcome, when Nixon resigned.]

Mr. Shumate made this goofy argument in this hasty, typo riddled filing — the one I mentioned in passing, last night. On the Freeze.

But I made a new graphic, here — just to be sure everyone’s attention is focused on how… out of bounds these new jokers are. The orange rambler is no king. We fought a war or two about this. [Just ask the British.] This nonsense needs to be put down, in highly clear fashion. Onward.

नमस्ते

Johnson’s Malignant Religious Bigotry… Again.

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Yes, it is true: today’s hostage exchange was… very chaotic and nearly violent. And yes, there is 3,000 years of tough history to overcome.

But once again, Scott Johnson intentionally, and malignantly conflates Hamas / terrorists, with the peaceful people of Palestine — whose homes are in Gaza (or, were there, before all this savagery) and who also happen to be followers of Islam.

Scott would do well to remember that there is a straight line from Old Testament Judaism, directly into what becomes Islam. In fact, the name “Moses” appears in the Quran over 145 times… While the name Muhammad… only appears four times.

The point is that most peaceful followers of Islam have long considered the Jewish faith itself, to be at the root of their entire religion.

This “everyone in Gaza is Hamas” nonsense from Scott (and pretty regularly, from John too) is functionally the same… as (erroneously) deciding that all whyte people from the South are members of the KKK.

He needs to give it a rest.

Out.

[U: Order — For More Filings] If An Agency TRULY Meant To Withdraw An Unlawful Action, Why Would That Agency Need To Appeal… Its Own Withdrawal?! These Guys Make Zero Sense!

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UPDATED @ 10 PM EST: the able USDC Judge just entered an order — contemplating that both sides will make daily filings — on the next two successive days:

..MINUTE ORDER: In light of Defendants’ Motion… and given the urgency of this matter, it is hereby

ORDERED that Plaintiffs shall file a response to the motion by 5:00 p.m. on January 31, 2025, and Defendants shall file a reply, if any, by 5:00 p.m. on February 1, 2025. [Ed. Note: that’s a Saturday, for Trump.]

Signed by Judge Loren L. AliKhan on 1/30/2025….

This makes it clear that she intends to dispose of the matter by next Friday at the very outside. Either Team Tangerine means it surrendered — or she will “surrender them” — come next Friday. That is my experienced conjecture. Onward; end update.

So… Team Tangerine 2.0 thinks it may need to appeal(?!), from its own rescinding of its freeze memo(?!). Really?!

That’s a new — and as goofy — a position as I’ve ever seen any federal agency try to take — after failing to comply with the APA/CFR rules on agency actions, and notice and comment periods — for final rule-makings.

In any event, here’s the silly Shumate memo — just the sake of a complete record. Whatever, dudes.

Off now to have fun with my two lil’ ladies! Out, grinning.

नमस्ते

The Blackhawk Had Turned Off Radar/Collision Detection Warnings…

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Tangerine 2.0 today was (likely in error) already blaming DEI, and Air Traffic Controllers — at Reagan (and almost tragi-comically, Messrs. Obama and Biden!) for the loss of 67 lives. Disgusting lies, each and all.

But Hegseth’s team (US Defense) has already confirmed the military chopper had intentionally turned off its radar warning systems — so it was invisible to the commercial airliner.

Of course, Hinderaker fails to mention that (very damming) fact — but does suggest he believes the fault lies with the military’s chopper pilot and crew.

He would do better to say the fault lies with the choice to fly “incognito”.

Will Hegseth or the new Secy. Of Transportation step up — and tell the truth, to the Tangerine idiot?

Don’t hold your breath.

Out.

Surprising No One (Who Pays Attention), Wa Po Reports Elon Musk “Went Rogue” On That Nonsense “Six Months Of Severance” Proposal To Over 2.2 Million Federal Employees.

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Yes. Chaos is… the brand. And this is much like his speech to Twitter team members the day he bought it: “start right now, obeying my every goofy whim — or get the hell out!” There’s only one minor problem with that approach in federal government, Elon.

You see, these federal workers — almost all of them… have what amounts to property rights in their jobs. They may only be let go for very clear, written and well-documented “cause“. [And any employee’s First Amendment activities cannot be that “cause“.] In short, Elon and his goon squad have no idea how different this is, from a private enterprise “at will” workforce.

And the cherry on the top of all this — is that according to the Wa Po‘s reporting — his brute squad didn’t bother to inform Tangerine 2.0 or his team members that he was running a raid on the federal HR offices. Damn. The “bromance” may be over — even before February is:

…The [Musk-led] proposal, emailed late in the day to many of the nation’s 2.3 million federal workers, blindsided some advisers to President Donald Trump, including officials in the budget office and agencies that typically would be consulted in advance of such monumental changes to personnel and spending policies, the people said.

Since Trump took office, Musk has moved quickly to exert control over the Office of Personnel Management, the small independent agency that acts as a kind of human resources department for the federal government, issuing policy for agencies to implement. Musk personally visited the OPM’s offices Friday, [along with] several of his longtime surrogates — including Anthony Armstrong, who helped Musk buy Twitter….

These clowns deserve one another. But our able, even handed non-partisan federal workforce certainly deserved — and deserves — much better from the supposed leader of the free world. [In a subsequent post we will detail how it violates our treaty obligations (and likely the Geneva Conventions, if Tangerine preposterously claims this is any form of “enemy invasion”) to even consider… housing putative deportees, at Gitmo. Damn.]

Onward, resolutely.

नमस्ते

Scott Johnson Seems Unaware That Tangerine 2.0 Is Again “Net Unfavorable”.

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Yep — he’s willfully obfuscating… about which party is more trusted.

Even so, for about one week(!) immediately after the inaugural, Trump was more favorably viewed, at 47% — to 45% UN-favorable.

But with the chaos of this week — flip flopping on multiple Unconstitutional “orders” and memos — and being enjoined in at least three federal courts, for trying to be a tin-pot despot… that has flipped:

Trump is 47% UN-favorable, to only 45% favorable, now.

[And his boy, Elon Musk is now over 55% UN-favorable — a gap of nearly 11%. Hilarious!]

Tell the whole truth, Scotty — this silly word-smithing you’re undertaking… is… unbecoming.

Out.

Merck Stops PAH Clinical Trial Early, To Give All Participants Winrevair™ — Efficacy Well Established; Ethical Protocols Invoked.

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The HYPERION Phase III clinical trial has now been stopped early, citing efficacy data in two other Merck PAH trials. This is very good news for people suffering with PAH. And it is the moral imperative — making sure no patient is getting a placebo.

In passing, I’d also mention that Merck has made an FDA approvable filing, and is about mid-course, on a separate Welireg™ clinical trial, assessing yet another adrenal gland oncological application — and that one looks very promising as well.

Here’s the latest, on the HYPERION study stoppage:

…[Merck will] stop a late-stage study testing its drug to treat pulmonary arterial hypertension (PAH) ahead of time based on strong efficacy shown in previous studies, the drugmaker said on Thursday.

The therapy, branded Winrevair™, is already approved for treating the rare condition which causes high blood pressure in the lungs, leading to symptoms such as shortness of breath, chest pain and dizziness….

Analysts expect Winrevair to become a multi-billion-dollar product for Merck…. Merck’s decision was partly based on interim data from another late-stage study, named ZENITH, in which Winrevair helped significantly reduce the risk of death in PAH patients….

Onward, keeping those families who had loved ones among the 67 onboard the two crafts last night into Reagan, in our meditations. The last US airline disaster was in 2009 — so a remarkable safety record for the industry overall. . . but none of that matters to these families, now. Just… awful.

नमस्त

Full Preliminary Injunction Motion — In Western Washington’s Federal District Courts… Now On File! Trump Is… Utterly DOA, On Birthright Citizenship.

~ condor ~ 1 Comment

As promised, here it is — the motion for next week, February 6 — on birthright citizenship. This is the muscular banger that will bury Tangerine 2.0’s lawless — and petty — fever dreams.

Here it is — and a bit:

…[We] ask the Court to enjoin implementation of a flagrantly unconstitutional executive order that purports to reinterpret the Fourteenth Amendment’s Citizenship Clause and strip persons born in the United States of citizenship by “mere executive fiat.” Sterling v. Constantin, 287 U.S. 378, 400 (1932). Plaintiffs Delmy Franco, Cherly Norales, and Alicia Chavarria are expectant mothers whose anticipated due date is on or after February 19, 2025. Because neither they nor the fathers of their children are lawful permanent residents (LPRs) or citizens of the United States, their children, once born — and despite being born in the United States — will not be recognized as U.S. citizens by operation of an executive order that President Trump signed shortly after his inauguration on January 20, 2025….

Plaintiffs and putative class members face irreparable harm if the Court does not enjoin this EO. The order’s directive to strip persons of birthright citizenship amounts to “the total destruction of the individual’s status in organized society” and constitutes “a form of punishment more primitive than torture.” Trop v. Dulles, 356 U.S. 86, 101 (1958). As the Supreme Court has recognized time and again, “[c]itizenship is a most precious right,” Kennedy v. MendozaMartinez, 372 U.S. 144, 159 (1963), whose “value and importance” is “difficult to exaggerate,” Schneiderman v. United States, 320 U.S. 118, 122 (1943). Without the protection of citizenship, the babies that will be born to Plaintiffs — and others similarly targeted by the EO — will lack any legal immigration status and accordingly will face the threat of removal and separation from family….

Furthermore, by rendering Plaintiffs’ children undocumented, the EO threatens to deprive the children of access to federally-funded public benefits that are critical to their well-being and stability. Only “qualified” noncitizens enumerated under 8 U.S.C. § 1641(b) are eligible to receive “any retirement, welfare, health, disability, public or assisted housing, postsecondary education, food assistance, unemployment benefit, or any other similar benefit for which payments or assistance are provided… by an agency of the United States or by appropriated funds of the United States.” Id. § 1611(c)(1)(B)….

Onward — to the complete obliteration, of Tangerine’s lawless agenda — from stem to stern. Woot!

नमस्ते