Hey, Silly Old Stevie — Not Without A NEW Act Of Congress, He Won’t. [This Guy WAS A Poly Sci Prof.?!] And The GOP Won’t Give It To Him.

Silly loon Hayward is yammering on about part of Trump’s endlessly repetitive stump speech, that he would “take back” the impoundment power, to stop spending he doesn’t… like.

Sure sure — cool story bro. [Surprising — coming from a former poly sci. prof. — but I guess it kinda’ explains the lack of a tenured faculty position, huh? In contrast to claims by Steve of discrimination against whyte men, this seems more a “competence ceiling”. Or a lack of judgment one.]

The problem is that… The Congress, and The President (Nixon, a GOP guy!) passed a law. That law is at 2 USC § 17B: 681, et seq. He’ll need CONGRESS to amend that law.

Specifically, the Congressional Budget and Impoundment Control Act of 1974 (the “ICA”) reasserted Congress’ power of the purse. Specifically, Title X of the Act — “Impoundment Control” — established procedures to prevent the president and other government officials from unilaterally substituting their own funding decisions for those of the Congress. 2 USC § 17B: 688(a).

The Act also created the House and Senate Budget Committees and the Congressional Budget Office… and those organs have the power to prevent Tangerine end runs. We saw this same play in Tangerine 1.0, where he tried to take national defense appropriations, and use them to build his wall (in 2019), Steve.

He lost, at trial — and on appeal — and lost, at the Supremes.

This matter has been decided.

And these GOP Congress-critters are not going to amend the 1974 ICA 2 USC § 681.

So do take a seat.

Cheers.

Just A Small Side Note: This Law, Just Upheld On Appeal, Is Far Narrower — And More Closely Tailored — Than The Orders Tangerine 1.0 Attempted.

I won’t waste a lot of electrons on this, other than to say… that Tangerine 1.0 tried to act alone, by executive order, and wrote a measure specifically crafted to let him extract personal remuneration from ByteDance, as a condition of remaining in the US markets.

[Tangerine was angry that the TikTokers embarrassed him — falsely oversubscribing the venue, at his Tulsa rally — in what turned out to be a singularly anemic event.]

This current, narrow national security law (one passed by both houses of Congress, and signed by President Biden) simply requires ByteDance to tailor its offering to address US Homeland Security’s legitimate concern that Chinese state actors may otherwise use the service for snooping.

And so, the answer is to build independent and robust firewalls, to keep US servers (and conversations) insulated from Chinese ownership and control. That is all this law (a Biden Administration, and thus competent-) as a “rewrite” — from a Constitutional perspective — requires. That’s what this DC Circuit decision holds.

It is likely to survive US Supreme Court review in 2025 (should ByteDance seek cert.). That’s my opinion. Onward.

नमस्ते

Mirengoff (Unintentionally) Points Out How Destructive Trump Term 2.0 Is Going To Be To The Party’s Succession Planning.

There will be a world after Trump — in the GOP.

A world after this coming second term. And I agree with Paul, that Tangerine’s loony disposition, along with his creeping paranoid dementia, will very likely mean that JD Vance will be neutered, or outright fired, by 2026 at the latest. He will not be the nominee (not least of which because the next two to four years will be universally seen as a sh!t show — by all except those reaping the graft).

Trump will (without serious doubt, via his myopic ego) end Vance’s chances. I also agree with Paul that DeSantis taking the Defense Sec’y job will toss a bomb into the Florida GOP, and likely end his own political chances (again, because at the first sign of trouble — caused by Tangerine, of course — Trump will scape-goat DeSantis for it). Here’s Paul’s central take on it — in context:

There’s also the possibility that Trump will order DeSantis to take actions that are unlawful, or arguably so. If DeSantis refuses, he will be alienated from MAGA-world for all time. If he consents, he could eventually find himself on trial.

DeSantis’ position as a Cabinet member would be even more precarious than the average selectee because of Trump’s pre-existing animosity towards him. It’s easy for me to imagine Trump being even quicker than normal to accuse DeSantis of disloyalty or to shift blame to his Defense Secretary for a failure by the president….

The irony is delicious: in running Trump for a second term, the GOP has again killed its young leadership plans — and likely given 1600 Penn. back to the Democrats by 2028 (if not earlier, due to a death / 25th Amendment ouster of Trump — all of old age).

Hinderaker’s more boot-lickering version of this analysis… overnight, is a post on whether Tangerine should spend lots of goodwill — to indict various 2020-2024 actors in the Biden Administration. Charming. Hinderaker thinks it far-fetched that people would believe that Tangerine will try it — even though it was at the core of his stump speeches.

Me? This is just the mob boss / crook trying to indict people that held him to account for his crimes.

Of course Trump will try. Yet, Hinderaker comes out at… it will hurt Tangerine and the GOP to pursue that course. I agree — and I say… bring it on.

Yep. What’s not to like?

The “Trump Grift” — In Crypto-, Excellently DE-constructed, By EmptyWheel.

The irrepressible EmptyWheel, as ever — has all the goods — on the conflicted, corrupt process that leads to Sacks as Tangerine’s designated “Crypto Czar”.

Let’s listen in, shall we?

“…In addition to his fundraising for Trump, news outlets noted that Sacks refused to take any position that would require him to step down from his own VC fund and will be hired under a designation that does not subject him to public financial disclosure rules. A few even mentioned his long ties to Peter Thiel.

But they left out two other important details.

First, Sacks is an unusually enthusiastic and unashamedly stupid Russophile. He parrots Putin’s propaganda even more dumbly than Tucker Carlson.

Second, Sacks played a huge role in contributing to a run on Silicon Valley Bank and then wailing for a bailout. He has a very recent history of privatizing the risk his reckless policies presents.

These twin developments — the rise of the dollar and the far more dramatic surge of Bitcoin — stem from two parallel Trump instincts. His defense of the dollar as reserve currency stems from his genuinely held but incompetently implemented belief in America’s Greatness™.

But his enthusiastic embrace of cryptocurrency arises from his corruption. [The retooled EF Hutton was an underwriter of the first launch of Truth Social’s ’34 Act Holdco.]

The self-dealing behind Trump’s World Liberty Financial was clear from the start. It was made more obvious when Justin Sun bought $30 million in World Liberty crypto tokens last month, effectively handing the newly elected President $18 million….”

And that’s before we talk about Truth Social’s ’34 Act public holding co., under a symbol called “DJT”. And that’s separate from the “$DJT” that Martin Shkreli shilled for, then abandoned when Barron Trump wouldn’t confirm that his dad would back it.

And… so much for Donald’s “defense of the dollar” — as a reserve currency. Not when he can create his own, and grift off it — via FOMO.

Damn. FOMO is the only thing keeping BTC anywhere near six digits. You know it. I know it.

And… Riot CEO Jason Les knows it.

Hilarious.

Bill Otis: Complaining About / Making Fun Of… ONLY The GOP Foibles — On 12 Out Of 14 “Maladies”… Wow.

We’ve long known that Mr. Otis, despite being an Assistant US Attorney at one point in his life (under GOP control), is particularly incompetent at coherent rhetoric.

But tonight’s… may take the cake! He labels all the ills he imagines seeing, since 2000, or almost a quarter century, now… as being the fault of what he calls the “elite / expert class”. He means to equate that idea — with liberalism, generally — and Democratic Party members, specifically.

Which is so naive, as to be… charming — actually. Consider this, of his — in context [I’ve annotated the items for easy reference]:

As Sean Trende pointed out on X, it hasn’t exactly been the best century for the expert class. Begin with the response to [i] September 11 — the [ii] Afghanistan and [iii] Iraq Wars, which were supported by bipartisan majorities. Then the [iv] financial crisis and the [v] bank bailouts. Then [vi] Brexit and the [vii] election of Trump. Then the [viii] pandemic: what was supposed to be a triumph of management for a technocratic elite instead wound up as a worst-of-all-worlds scenario with [ix] prolonged restrictions and [x] school closures and [xi] 7 million dead — from a virus possibly caused by sloppy scientific research practices. Then [xii] massive inflation, which was supposed to be a thing of the past. Throw in here, if you like, [xiii] “wokeness” and how it’s eroded trust in higher education and triggered [xiv] a cultural backlash….

Fully 12 of the 14 calamities he cites… are entirely, or mostly — from GOP stewardship.

We might quibble about bolded numbers (v) and (xii) — the 2008 bailouts, and inflation’s lingering effects into 2023 — as being at least in part “Democratic clean-ups, of GOP cock-ups“. But let’s give him those two — at least as a “halfsie” — as being seen in the main, under Democratic Administration(s).

So it is just hilarious… that saving whatever he might mean by (xiii) “wokeness” (fully progressive, I’ll grant you) and a one-half point each — for items (v) and (xii)… his GOP/MAGA cult is responsible [along with Bush 43 / Cheney] for TWELVE of the FOURTEEN “problems” he’s claimed he’s seen — with our nation’s 21st Century governance.

Finally, and almost trivially, it puzzles me though that he throws Brexit in — with his list — since Boris Johnson was really a mini-Trump — and across the pond to boot: something with which US policies had almost zero to do. But if he adds it to his list, then it counts against… Trumpism in the main — as it was clearly a populist howling, at the time, that drove it.

So okay — I will stipulate that 13 of the 14 were bad things (just for fun!). I am reserving judgment, here on the “woke” item — since (from his prior writings) it is crystal-clear he has no clue what people who use that term as a positive, as opposed to a slur… mean by it.

That is — as with the other 13, he has no idea what he’s talking about.

A G A I N.

Out.

A Possibly-New Strain Of Disease — Flu-Like, But Lethal — Emerges In Kwango Province, DRC: A Remote Congo Area…

Well… this is troubling news, for Sub-Saharan Central Africa, to be sure. We’d been following it silently for a week, with a desire to have more clarity on the specifics, of the viral (or less probably, the bacterial) agent at work… but that is all still a variable, as I write this.

I will admit that I am not a fan of calling this “Disease X” — as that mostly generates fear, rather than illumination, given the number of articles (some grounded in science, but more, not so) after COVID — about a “next time” pandemic Disease X. Hopefully, it will be run to ground by the weekend — as to source agent(s).

Again, both CIDRAP and the BBC (and now WHO) are confirming the deepening mystery. The afflicted thus far, in the remote western Panzi health zone of Kwango Province, do not seem to exhibit classic Mpox, or Marburg, or even Ebola… symptoms. So on the ground teams are working to isolate the actual biological agent responsible for the deaths. Even the estimates of dead patients is widely bracketed, as no definitive diagnosis exists for any of the dead. The currently ill are being closely monitored, but a crushing problem there is a lack of access to modern medicines and diagnostic kits, in this remote region of the DRC.

Quoted below is the latest, via CIDRAP, at the U. of Minnesota [but to be more complete, here is the Beeb report link as well]:

…The Democratic Republic of Congo (DRC) is investigating the cause of an outbreak of an unknown disease centered in Kwango province that has so far sickened at least 376 people, with death counts ranging from 67 to 143, since late October.

The main symptoms are fever, headache, runny nose, breathing problems, and anemia, according to the infectious disease tracking blog FluTrackers, which has been following reports of cases for the past week. . . .

[T]he Associated Press reported yesterday there have been from 67 to 143 fatalities.

Reuters says women and children are the most seriously affected by the disease, and the DRC statement says the illness has been most lethal in children over the age of 15.

The DRC notified the World Health Organization of the outbreak last week. The case-patients live in rural areas with limited access to medications, sources told Reuters. . . .

Let’s hope we do NOT get word that this is an entirely new, and unknown vector. Onward — resolutely, just the same.

नमस्ते

Here’s Why Using A Fifth Cir. Opinion, As A “Political Manifesto”… Is A (Very) Stupid Idea: Texas’ Land Razor Wire Case

We mentioned last week that the actual Fifth Circuit opinion, when read carefully… said very little, and held even less — as a matter of black letter law.

But it was dressed up — in over 30 pages of political rhetoric — to assuage the precious feelings of the MAGA-TX base.

So it claimed to affirm a broad injunction for the frothy right, but in fact actually said that the preliminary injunction only applied where lots of other, easier ways (other than cutting the concertina wire) existed, to preserve human life, and patrol the international borderlands (as is the exclusive province of the federal government).

The “speechifying” parts of the opinion are so obtuse, as to lead the able US Attorneys representing Border Patrol to write the panel directly yesterday — to ask for a single clear sentence, that Border Patrol is in fact FREE to cut the land razor wire fencing in emergent situations, around Shelby Park.

See that letter here. I cannot recall another time, in the last 50 years, when Border Patrol felt compelled to “write back” — to a Court of Appeals, to ask… “Just what does all this extra verbiage mean, if anything?” But this is the time of Tangerine, again. So do expect more of it. Damn.

To be clear, I don’t expect the Fifth will answer the feds. But the Supremes ultimately… will.

They will strike the purported injunction, altogether.

Onward, grinning. See ya’ in the funny papers, Gov. Abbott and you “Operation Lone Star” loons. Heh

[U, X2] Top NASA Leadership Likely To Further Delay Artemis Moon Mission At 1 PM EDT Today…

Update — I’m listening live on the conference, and it appears that the Starliner’s heat-shield did not perform as expected, during the uncrewed re-entry, earlier this year. This may lead to a redesign — but in any event, will place at least another one year delay into the timeline. The mission, as ever — is safety first. And there is some concern about the electrical system / battery configuration, during an abort procedure — so Condor here is thinking 2030 or beyond for a human crew — headed to the Moon, and 2035 to Mars — if ever. That’s just my guess, to be clear. [And the confirming press release from NASA is now public.] End, update.

To any of our regular readers, this should come as no surprise, at all. [Backgrounder, here.]

NASA Chief Bill Nelson will hold a press briefing later today, related to Artemis, and the boots on the Moon ideas.

I for one expect that (as we see in the Muskian graphic at right) the pure science value of humans, in boots (setting aside Tangerine hubris) again on the lunar surface… is scant indeed, and Nelson is wisely but politely going to say so.

…NASA Administrator Bill Nelson and leadership will hold a news conference at 1 p.m. EST, Thursday, Dec. 5, at the agency’s headquarters in Washington to provide a briefing about the agency’s Artemis campaign….

Now you know. Onward — grinning whenever Elon doesn’t get his way, since about 2015.

नमस्ते

Proba-3 Is Now Safely In Orbit — Ready To Begin Hike Uphill, To Start Solar Corona Full Science Mission…

After a software patch on a redundant system, overnight on the Indian coast, esa — along with 14 member states — launched the solar corona study mission called Proba-3.

Over the next couple of days, the two spacecraft will fly “uphill” — to a higher orbit, and then separate by about 150 meters, using lasers to position each other to within tenths of a millimeter exactitude, before opening the lens that will image the solar corona. Again, this is proof that while NASA is great — neither Musk nor Trump should think of space as an “America First” political endeavor. Not now, and not since about the mid-1980s, in fact.

In any event, here’s the latest, from esa’s HQ, in Paris:

…Fourteen ESA Member States including Canada came together on this mission, set to demonstrate game-changing European technology in the areas of autonomous operations and precision manoeuvring by delivering never-before-seen science results.

Proba-3 lifted off on a four-stage PSLV-XL rocket from Satish Dhawan Space Centre in Sriharikota, India, on Thursday, 5 December, at 11:34 CET (10:34 GMT, 16:04 local time). Stacked together, the two satellites separated from their upper stage about 18 minutes after launch.

The pair will remain attached together while initial commissioning takes place, overseen from mission control at the European Space Security and Education Centre, ESEC, in Redu, Belgium….

Now you know. Onward — and I do think we will shortly learn the identity of the hit-man that murdered the UnitedHealth insurance unit’s CEO. Just tragic — but it seems the shooter wrote the words “deny“, “defend” and “depose” on three of the shell casings.

We don’t want to get too far out over our skis here — but that sounds like someone was angry about the health insurance company’s lawyers’ aggressive claims-, and litigation- tactics — in denying coverage to people who’d paid premiums, for years. It is all very sad, and I expect that this is/was a very mentally troubled individual. But two children will grow up without their father; and a widow will never be able to understand the hole in her life, now. Ugh. I’ve literally nothing more… on that.

नमस्ते