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Team Tangerine 2.0 Has Moved, After The Super Bowl Ended Tonight, To Vacate The TRO Keeping Non-Qualified People Out Of Our Private Treasury Pay Data.

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The able USDC Judge Vargas in Manhattan has set a busy “call-and-response” calendar for both sides (all day and night tomorrow, Monday the 10th), given the relative novelty (no prior Treasury Secy. would have ever let interlopers run wild inside the financial / payment systems which include private US citizen payor payee data) and thus the significance of the issues — and the fact that, absent this TRO, Elon Musk could keep violating several felony statutes [adopted to curb abuses engendered by the Nixon “dirty tricks” Administration operatives — like G. Gordon Liddy] in perusing private, sensitive financial data of individual Americans [since the current, newly-minted Treasury Secy. is… plainly, and willfully failing to do his own sworn job, here. .

Consider that Musk, who hasn’t sworn any of the required oaths (nor passed a background check — for security clearance), as a faithful government employee — and who hasn’t disclosed all his conflicts of interest, in accessing this data AND who has been in arguable violation of the lobby disclosure laws for at least the last five months (if you count Congress) — and three weeks, if you count 1600 Penn… is simply ignoring the legal framework every prior administration has abided by, for at least 65 years — and is in direct violation of several felony statutes in so doing.

For what little it is worth (since it cites no case law — as there is none to support these overwrought “emergency” claims), here is the memo of law from Team Trump at Treasury. And below is the scheduling order entered by the USDC, in Manhattan, as the streets of nearby Philly filled with throngs of revelers — singing, dancing and drinking — to celebrate their “Iggles” improbable win, over the Chiefs burgeoning dynasty:

…ORDER.

The parties are ordered to meet and confer with respect to the Defendants’ Emergency Motion to Dissolve, Clarify, or Modify the Ex Parte Temporary Restraining Order to determine if the parties can reach agreement on a stipulation that either resolves or narrows the issues presented in the Motion.

If no agreement is reached, Plaintiffs’ response to the Motion shall be due by 5:00 p.m. on Monday, February 10, 2025.

Defendants’ reply papers shall be due by 11:00 p.m. on Monday, February 10, 2025.

HEREBY ORDERED by Judge Jeannette A. Vargas, USDC Judge….

Well — we will keep you informed — tomorrow. In the mean time — consider this your primer on the applicable laws being violated, as alleged under oath, by 18 State Attorneys General on Friday night, past — all absent the now in force nationwide TRO:

…The Privacy Act of 1974 “provides certain safeguards for an individual against an invasion of personal privacy,” by requiring governmental agencies to maintain accurate records and providing individuals with more control over the gathering, dissemination, and accuracy of agency information about themselves. Privacy Act of 1974; System of Records, 87 Fed. Reg. 16244, 16245 (Mar. 22, 2022); 5 U.S.C. § 552a. To accomplish this purpose, the Privacy Act sets forth conditions for disclosure of private information and precludes an agency from disclosing information in its files to any person or to another agency without the prior written consent of the individual to whom the information pertains. See 5 U.S.C. § 552a(b)….

Agencies are required to give 30 days’ notice of new or revised SORNs, allowing public comments. 5 U.S.C. § 552a(e)(11). A SORN must include information on the categories of individuals and records in the system, the routine uses of the records, and the agency’s policies on storage, access, retention, and disposal. 5 U.S.C. § 552a(e)(4)….

[Moreover,] Section 208 of the E-Government Act of 2002, codified at 44 U.S.C. § 3501 (“EGovernment Act”), mandates that an agency conduct a privacy impact assessment before “developing or procuring information technology that collects, maintains, or disseminates information that is in an identifiable form.” E-Government Act § 208(b)(1)(A)(i). The purpose of this provision “is to ensure sufficient protections for the privacy of personal information” maintained by government agencies. Id. § 208(a). Defendants failed to conduct a privacy impact assessment before adopting and implementing the Agency Action in violation of Section 208….”

These above in green, are the grounds which USDC Judge Engelmeyer (SDNY) called “particularly strong” — when issuing the TRO, Friday night.

In the end, I think only Treasury Secy. Scott Bessent will be “exempted” from this TRO, not any political staff — and no non-govt. employees.

We shall see — and all that’s even though Bessent’s shown a callous disregard for the felony statutes that apply inside his Department — Treasury. Onward.

नमस्ते

Mirengoff Concedes: Tangerine 2.0 Ending USAID… Would Be A Grave Mistake.

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Of course, he couches his almost exclusively in preventing China and Xi from getting a leg up, on precious raw materials — in various developing geographies — by currying favor with aid.

He agrees this is a game the USA must play too. [I said as much last week — noting copper in Democratic Republic of Congo, in particular — and the crying need for mpox- (and soon, Ebola-, again) vaccines there.]

Here is what Paul had to say. In the main, he does get it:

…We should aid people in poor nations not because it is right (though in principle it is), but because the communists are doing it….

Never mind that he well-knows (and in fact quotes) John F. Kennedy — for why it is plainly our moral obligation to our fellow humans, as well. I’ll take the win — as JFK said, that cold DC Inaugural Day, in 1961:

…The world is very different now. For man holds in his mortal hands the power to abolish all forms of human poverty and all forms of human life. And yet the same revolutionary beliefs for which our forebears fought are still at issue around the globe — the belief that the rights of man come not from the generosity of the state….

To those people in the huts and villages of half the globe struggling to break the bonds of mass misery, we pledge our best efforts to help them help themselves, for whatever period is required — not because the communists may be doing it, not because we seek their votes, but because it is right. If a free society cannot help the many who are poor, it cannot save the few who are rich….

To our sister republics south of our border, we offer a special pledge — to convert our good words into good deeds — in a new alliance for progress — to assist free men and free governments in casting off the chains of poverty.….

That was… Camelot, indeed. When statesmen ruled — nah, scratch that — served, actually.

We have fallen quite a distance — all the way… down, to a guy hawking crypto, for his own profit — at the Inaugural.

Yup. Onward.

Serious Q.: Did JD Vance Sleep Through Con Law — At Yale?

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Apparently, the entitled little twerp just said that judges “aren’t allowed” to “impede” this particular preznut’s powers.

He said the JUDGES (not he, and Tangerine 2.0) were “violating the law”.

Of course — he ignores all the statutory (and Constitutional) documents themselves.

Y A W N.

The American people are smarter than this, Mr. Vance. They’ve read Marbury.

Sucks for you — specifically, do take a look at 18 USC § 208(a).

Out.

This (From The Ever Cogent Keyboard Of EmptyWheel!) Is An Excellent “Sum Up” — Of Just The First Three Weeks — Of Tangerine 2.0’s “Failure Tours / Scorch Trials.”

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The irrepressible EmptyWheel, writing this morning our time, from across the pond (in Ireland), has Tangerine’s malign brand of idiocy pickled — in a granny jar. Stowed; flawlessly and hermetically sealed, too! It will still be crisp and fresh, many years from this morning. This is, in sum, the telling that will appear in history books — decades from now — as a cautionary tale for sixth graders studying civics and politics.

Do go read it all — it is… devastating — but here’s just some of the purely salty… brine:

…Thus far, Trump’s biggest success on immigration in his second term has been to claim credit — twice! — for things that [Mr.] Biden did, in one case years ago.

He threatened sanctions on Colombia, only to agree to let Colombian President Gustavo Petro send planes to fetch deportees, sometimes in Colombian military planes, rather than receive them in US military planes.

He threatened sanctions on Mexico, only to boast after Claudia Sheinbaum committed to put 5,000 fewer Mexican troops on the border than are already there, the same 10,000 that Biden obtained years ago.

He threatened sanctions on Canada, only to boast that Justin Trudeau agreed to the same $1.3 billion in investments to counter fentanyl trafficking he put in place in December.

As for his efforts to round up and deport migrants in the US?

Almost two weeks ago, I noted that the quotas ICE introduced to try to boost the deportation numbers fell wildly short of delivering the deportations Trump had promised his rubes, to say nothing of the way those quotas will lead to deportation of non-criminal migrants instead of the violent criminals Trump claims to be targeting.

Almost two weeks ago, Trump’s flunkies confessed they would never be able to meet his promises for mass deportation.

The fate of a highly publicized raid in Aurora [Colorado] last week is a spectacular case in point….

Of course Trump is pissed that his biggest immigration success so far was stolen from [Mr.] Biden.

Of course Tom Homan is pissed that he can’t deliver what he promised.

Of course ICE is squirmy because even if they could meet their quotas — even if those migrants in Aurora, CO against whom ICE had no probable cause of a crime willingly opened their doors so ICE could arrest and deport them — the number of deportees would still fall far short of Trump’s goal.

But this all arises from the false expectations set during the election — from the lies Stephen Miller told, over and over and over and over and over, about the number of criminal migrants….

Trump is furious that his thugs can’t fulfill his promises. But those failures arise not through want of trying. Rather, those failures stem from the fact that reality in no way matches the hellhole Miller pitched for Trump, the imaginary hellhole Miller used to get voters afraid enough to vote for Trump.

Trump has redirected virtually all instruments of US national security to chase Stephen Miller’s lies. Not only is it going to lead to ongoing fury from the Boss, because reality will never match the propaganda Miller spun. But by neglecting the things that really do pose much more urgent threats — by destaffing investigations into real terrorists or operations to counter real ransomware attacks — Trump leaves America vulnerable in myriad ways….

Precisely. Exactly.

To. A. Tee.

नमस्ते

Update: USDC Judge Kness’s Hearing Dates — On Fitton’s Specious Strike Suit Against Local Restorative Justice…

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The ongoing little bit of bickering over this later-decided case, called Hierholzer in another Circuit (with relevance to dismissing Tom Fitton’s nonsense strike suit) is entirely… a sideshow.

That is, Judge Kness has plenty of US Supreme Court jurisprudence to say the five recruited “plaintiffs” have no standing to be in court, at all. They don’t live here — nor pay taxes, here — and they didn’t apply for it, so that all bounces their claims. In sum — “it is NOT their money“. [Prior backgrounder, here.]

No, the important part of the below minute order on the docket in Chicago (on a Saturday, no less!)… is that USDC Judge Kness (a Tangerine appointee) indicates — after February 24, 2025 — he will schedule a hearing on the City’s long pending motion to dump the whole suit — without need for any additional wasting of scarce judicial resources. Let that come on swift wings, sez me.

…MINUTE entry before the Honorable John F. Kness

Defendant’s motion [24] for leave to file a notice of supplemental authority is granted.

The Court has read Plaintiffs’ response in opposition and notes the challenges detailed by Plaintiffs’ counsel in conferring with Defendant’s counsel on whether the motion for leave would be opposed.

Partly in view of that narrative, Plaintiffs are given leave to file a response to the notice of supplemental authority, not to exceed five pages, on or before February 24, 2025.

No further briefing on the supplemental authority will be permitted.

By separate order, the Court will set a date for in-person oral argument on the pending motion [13] to dismiss. [02/08/2025]….

Now you know — onward to a sunny Super Bowl game day, and hot BLTs here — but with about an inch of powdery white stuff down already — and six more due by mid-week, for the morning of the Saint’s day. Onward.

नमस्ते

Schedule Now Set: For Ninth Cir. Appeal — By Tangerine 2.0 — Of His Complete Loss, On Birthright Nonsense Scribbles…

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This will never matter. But for a complete record… only.

The Ninth will affirm the able USDC Judge’s decision in Seattle: birthright is embedded directly in the Fourteenth Amendment. Tangerine’s minions… lose.

…PRELIMINARY INJUNCTION SCHEDULE NOTICE.

Preliminary Injunction Opening Brief Due (Appellant) 3/7/2025, Preliminary Injunction Answering Brief Due (Appellee) 4/4/2025. For appeal no. 25-807, 2:25-cv-00127-JCC.All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1.

Failure of the petitioner(s)/appellant(s) to comply with this briefing schedule will result in automatic dismissal of the appeal. See 9th Cir. R. 42-1….

[That appeal is docketed at 25-807, in the Ninth Circuit.] Onward, smiling into the sunshine….

नमस्ते

[U] Apparently, Tangerine Is AGAIN Confused: He Cannot “Order” The CFPB To Close Shop.

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Gosh… would somebody please read the United States Code to Tangerine 2.0? Again?!

Title X of Dodd-Frank created the consumer protection finance bureau.

It is an agency independent of the preznut. It is independent of the Congress, and it is even independent of the Federal Reserve. Only a new Act of Congress can end its mission.

So all this Saturday night bluster — about stopping “all investigative activity…” (just as with USAID, last week), will be enjoined in a federal court — next week.

See, 12 USC §§ 5301-5641.

More on Sunday — see this Supremes opinion from 2023, penned by none other than Justice Thomas. [It would take an an act of Congress to close it.] Net, net?

It. Is. Here. To. Stay.

नमस्ते

It’s Pretty Hilarious… John Barks That 47 Is An Amazingly Great POTUS — BUT…

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But Hinderaker is STILL obsessed — deeply perturbed — with our 44th President. He can’t stop crying about him. Tut-tut. Tragique….

He sees vast shadow conspiracies now nearly a decade after he left power — gracefully.

Unlike Tangerine 1.0.

Yes — John is struggling to avoid mentioning that Tangerine 2.0 is fulfilling his own desired destiny: a lawless, loser of an impotent, ineffectual aspiring autocrat.

Yes, John: 44 was and will always be — a far better statesman than any of the last six GOP POTUS officer holders.

Sorry John.

Oh, and Ms. Li has only ever been… an opportunist. She’s damaged good, man.

Monday Will See An NLRB Election At Amazon’s Garner, NC Facility: ~4,000 Workers There, Voting For The Week…

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To be fair, the State of North Carolina is a bit of an outlier, here — compared to the rest of the US workforce: nationally, on average — about 10% of all workers are union members. In North Carolina, the rate of union membership is less than a quarter of the the national average. So the odds of success, for the independent union called “CARE” — may not be particularly bright.

But vote they will. Through to a week from today. We will let you know how it comes out, but this is an election the NLRB has ordered, and will oversee — due to unfair tactics by Amazon, the last time voting was conducted. [The union seeks a $30/hour wage — where Amazon currently pays only about $18.50/hour (just a lil’ above minimum wage, in Chicago) — and that’s not nearly enough to live independently on — as a family — in pricey suburban Raleigh, NC.] Here’s the story, from CNN a few days ago:

…North Carolina is a state that is generally hostile to unions. Amazon is a company that is, historically, extremely hostile to unions. Now an upstart union is attempting to represent more than 4,000 Amazon workers at one of the online retailer’s facilities there.

The National Labor Relations Board is overseeing a six-day vote starting Monday, with votes due to be counted Saturday. A win by the union, Carolina Amazonians United for Solidarity and Empowerment, or CAUSE, in the town of Garner would be just the second Amazon facility to see a union win a representation vote in the US….

Amazon is now the nation’s second largest employer, behind only WalMart — at about 1.8 million workers for Amazon — and around 2.1 million at WalMart (non-union).

And Amazon’s profits are utterly staggering, these last four years: Bezos’ company made $59 billion in net income in 2024 — twice what it made in 2023 (and about on a par with major multinational pharmaceutical companies).

Its NASDAQ market cap rings in, at $2.4 trillion, this week. With a “T”. So — paying workers ~$30/hour would be no stretch — none at all. Onward (do see our Canada story, from earlier in the week).

नमस्ते

Scott? So Much For His “Back The Blue” In Minneapolis — Unless They Have Already Choked Defenseless People Of Color To Death.

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Scott Johnson should probably accept that Derek Chauvin has been repeatedly stabbed in prison, in Arizona… for some rather substantial reasons.

He should probably realize that the testimony of the MPD Chief was at best a small amount of added weight (as irony would have it), on Chauvin’s own neck. [The video was conclusive, boys.]

He should also… let it go. He’s trying vainly (along with Hinderaker) to say Chauvin should not be in jail, but should still be a decorated MPD officer. His… racism and sexism (the Chief is a whyte woman officer) is on front street, here. We will leave it that way.

The balance of Scott’s latest belching on it may be found here.

To counteract that malign view — here is George Floyd’s lil’ daughter Gianna — her statement from back in the day, at age 8. She’s already 13 this year. Tempus Fugit, but her loss will echo… into eternity, Scott and John:

“…He was kind… he helped me brush my teeth… he was my friend… I miss you, and I love you, daddy….”

It takes a special kind of evil, to not be moved by this child talking of her murdered father.

What a pair of putzes the Powerliners are. Out.