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[U: Hinderaker’s Insipid Take?!] As We (In The Courts) Work Our Way Through These Lawless Black Sharpie Scribble Stacks… Keep The Below In Mind: [Trump Is 0-12.]

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Updated: Super Bowl Sunday — once again, proving that his ”courage comes from a bottle” (i.e., he’s drunk, on this Sunday afternoon), Hinderaker weighs in — to describe this case as an ex parte partisan judge, preventing Donald Trump from “accessing his own documents”.

It scarcely bears repeating, but these documents do not belong to Donald Trump.

They belong to all of us as taxpayers, not him. A bipartisan Congress long ago established that. By law. 18 USC § 208(a).

So, the case holds in fact, John — that people like Musk who do not swear oaths required by federal statutes, and who will not disclose their conflicting interests… and/or people who will not submit themselves to the lobbying laws, and thus (according to statutes) have no legitimate business in seeing private financial documents of American citizens — they cannot have access to them — especially my payments to the United States Treasury and my 1040.

That’s what this case actually rules. John is a sad, bitter old man… one given to fits of preposterous lies. End, update.

Yes. We all know the whole idea was to flood the zone — with lawless barrages of “orders” (some of them, truly trivial: “Gulf of America; renaming Lake Michigan and annexing Green Bay, WI“), in order to “break a lot of stuff — and quickly“. [And of course, to distract from the autocracy being shoved down our throats.]

The central bulwark against this gambit is naturally turning out to be courageous federal civil servants, backed by federal judges (appointed by both Democratic and Republican administrations). These civil servants are insisting that the law be followed — and many are being walked out of their buildings (at least initially) for doing so. Most will win back their positions (if they sue for them), plus substantial damages, when all the dust settles.

But in the mean time, we want to acknowledge their significant sacrifices, in real time by quoting from last night’s memo of law filed by 18 states (which resulted in Musk being locked out from US Treasury payment data). Here’s that bit (and all 41 pages of it, as a PDF):

…The federal government maintains a compilation of ethics laws that constitute an ethics code to govern the conduct of federal employees. Included amongst the ethics rules, title 18 of the U.S. Code provides restrictions on federal employee conduct in order to ensure such employees avoid conflicts, including personal interests that affect official action. See 18 U.S.C. § 208(a). SGEs are governed by these ethics rules, including § 208(a), and subject to penalties under section 216 of the Code. See 18 U.S.C. § 216 (describing the penalties and injunctions for violating, inter alia, §§207 and 208, including civil penalties up to $50,000 for each violation, and/or an injunction against further violations). The only exception from § 208(a)’s requirements relevant here would be for the appointing official of an SGE (with a duly filed financial disclosure pursuant to chapter 131 of title 5) to review the SGE’s disclosure and certify that the SGE’s work “outweighs the potential for a conflict of interest.” 18 U.S.C. § 208(b)(3)….

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)….

The Privacy Act lists 13 exceptions to the bar on disclosure, only one of which is relevant here: (i) an agency may disclose the records it maintains within the agency “to those officers and employees of the agency… who have a need for the record in the performance of their duties.” Id. § 552a(b)(1) (emphasis added). Moreover, each agency that “maintains a system of records” is required to publish a system of records notice (“SORN”) in the Federal Register identifying the “existence and character” of that system. Id. § 552a(e)(4). 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)….

Now you know. These guys with Tangerine 2.0 are less competent than most fifth graders — at least as to following the well-settled black letter federal law. But we won’t be overwhelmed; we are prepared — and we will keep… winning. Out.

नमस्ते

Musk Now Barred By NYSD TRO, From Accessing Treasury Payments Data.

~ condor ~ 1 Comment

The losses for these low intel, would be autocrats… just keep piling up. Having a billion or more dollars… clearly does not make you… smart.

Meanwhile, it has taken a minute, but the wins for the rule of law (and checks & balances) now just keep on rolling in.

As we’ve said repeatedly, Mr. Musk does not have security clearance, and is not in any sense a civil servant.

In fact, he says he is completely outside of the government. Which is why we have repeatedly complained that he is thus an unregistered lobbyist — in addition to being an interloper — into this Nation‘s sensitive, private records.

Only civil servants are allowed access to this sort of sensitive payee / payer data at Treasury. They each and all swear an oath not to misuse it. Mr. Musk has done no such thing. And so it is that he is now enjoined from entering Treasury, as are his minions… for any similar purpose. Here is the late nighter:

…The Court’s firm assessment is that, for the reasons stated by the States, they will face irreparable harm in the absence of injunctive relief. See Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008). That is both because of the risk that the new policy presents of the disclosure of sensitive and confidential information and the heightened risk that the systems in question will be more vulnerable than before to hacking. The Court’s further assessment is that, again for the reasons given by the States, the States have shown a likelihood of success on the merits of their claims, with the States’ statutory claims presenting as particularly strong. The Court’s further assessment is that the balance of the equities, for the reasons stated by the States, favors the entry of emergency relief….

Onward. I’ll post that summary order, out of Manhattan — entered after midnight — when it hits the public docket.

Be excellent to one another.

We Now Have USDC Judge Nichols’ Full TRO Preserving USAID, In DC. And It Is… A Banger.

~ condor ~ 1 Comment

Do go read all seven pages, it is precise, succinct… and devastating. [Briefing schedule to come over the weekend, for a full on prelim. injunction.]

This cogent order flatly calls out Tangerine 2.0 and Marco Rubio — for lawless actions… each flat-out contrary to existing statutes — unlawful. Judge Nichols (a Trump 1.0 appointee — put that in your pipe, and smoke it Hinderaker!) said placing almost 3,000 USAID employees on administrative leave would violate the Further Consolidated Appropriations Act of 2024, which requires the State Department and USAID to consult with Congress before, among other things, “reorganiz[ing]” or “redesign[ing]” USAID, including by “downsiz[ing]” it. Pub. L. 118-47 §§ 7063(a), (b), 138 Stat. 460 (2024).

This then is the meat of it:

…Taking the TRO factors somewhat out of order and beginning with irreparable injury, the Court finds that plaintiffs have adequately demonstrated that their members are facing irreparable injury from their placement on administrative leave, and that more members would face such injury if they were placed on administrative leave tonight. Many USAID personnel work in “high risk environments where access to security resources is critical.” ECF No. 9-10 ¶ 14. No future lawsuit could undo the physical harm that might result if USAID employees are not informed of imminent security threats occurring in the countries to which they have relocated in the course of their service to the United States. The government argued at the TRO hearing that placing employees on paid administrative leave is a garden-variety personnel action unworthy of court intervention. But administrative leave in Syria is not the same as administrative leave in Bethesda; simply being paid cannot change that fact. . . .

Plaintiffs again have a plausible argument that the expedited evacuations are unlawful (here because, in plaintiffs’ telling, they flow from the ultra vires unilateral closure of USAID’s overseas offices and operations), and the government, while opposing this argument, has not submitted any briefing on the issue. Nor has the government articulated any harm that would result to its interests if it could not continue recalling USAID employees during the next week, while preliminary injunction briefing proceeds….

When the Court asked the government at the TRO hearing what harm would befall the government if it could not immediately place on administrative leave the more than 2000 employees in question, it had no response — beyond asserting without any record support that USAID writ large was possibly engaging in “corruption and fraud….”

For these reasons, and again in light of plaintiffs’ strong showing of irreparable harm, the Court finds a TRO is warranted….

Gratifying, indeed — but no sane commander in chief would have ever — ever — put US government employees, and citizens in such clear danger, in the first place. Impeach? I dunno. Have to think on that — because if we succeed, we get… Vance. Ick — more competent than Trump… even if only slightly. And that’s a bad bargain. Out.

नमस्ते

John Hinderaker: “No Other Preznut…?! “…

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Well, this is precious… Hinderaker tonight tells us that he is aware of no other prior occupant of 1600 Penn, who has ever “complied with“ the Impound Control Act.

Gee, John… That would be because no other president has ever tried to close a federal agency with no notice, no comment, and no consultation with his coordinate branch of government: Congress.

You see, you moron, Congress has the power of the purse strings. Congress has the power to close agencies it creates.

And the Impound Control Act was written specifically to make it clear to would be dictators like Tangerine, that he has no role in closing an agency — not without Congressional say so.

So yes, there is now a TRO against closing USAID.

Anyone who can read the English language would understand all of this… But I guess we all now know that population excludes you, and obviously excludes Marco Rubio, and the Tangerine 2.0 — and his minions as well.

Cheers, chucklehead.

[U] Now We Are Tracking The Federal TRO Hearing: Against Closing Down USAID In Total This Evening(!)… Here’s the Latest, Out Of DC.

~ condor ~ 1 Comment

Updated @ 5 PM EST: USDC Judge Nichols has entered an administrative stay, whilst he considers a motion for a TRO! This is a win, for USAID workers — and all the international communities that depend on their efforts. End update — motion and briefing schedules to come over the weekend — but no one is fired, as of tonight. Woot!

And we now add a new one — on our watch-list: Tangerine and Marco Rubio have been sued — and a motion for a TRO is pending, in DC federal court, because these goofs are directly violating a Congressional Appropriations Act, in trying to close USAID without the required very public hearings and showings mandated by the Congress.

The lot of them are… snot nosed lil’ hooligans. And ignorant ones, at that. Here’s the latest memo of law explaining the violations, and an order (below)– in DC:

…The 2024 Appropriations Act explicitly restricted the authority to reorganize USAID, providing that “funds appropriated by this Act, prior Acts making appropriations for the Department of State, foreign operations, and related programs, or any other Act may not be used to implement a reorganization, redesign, or other plan… by the Department of State, the United States Agency for International Development, or any other Federal department, agency, or organization funded by this Act without prior consultation by the head of such department, agency, or organization with the appropriate congressional committees….”

The Act also specified that no funds shall be available for obligation to “suspend or eliminate a program, project, or activity,” “close, suspend, open, or reopen a mission or post,” or “create, close, reorganize, downsize, or rename bureaus, centers, or offices” unless “previously justified to the Committees on Appropriations or such Committees are notified 15 days in advance of such obligation….”

This past week, the onslaught on USAID has continued. Elon Musk and members of the so-called “Department of Government Efficiency” (DOGE) reportedly demanded access to classified USAID systems without requisite security clearances; USAID officials who attempted to block them were placed on administrative leave. Musk posted on February 3 that he spent the previous weekend “feeding USAID into the wood chipper,” and that same day, USAID headquarters shut down. More than 1,000 employees — including some in war zones — were locked out of their computer accounts and work systems necessary for monitoring issues critical to safety domestically and abroad. The usaid.gov website now indicates that “all USAID direct hire personnel will be placed on administrative leave globally” by Friday, February 7, 2025, at 11:59 pm….

Medical clinics have stopped distributing HIV medication in South Africa, as well as drugs used to stop hemorrhages in pregnant women and treat life-threatening diarrhea in toddlers in Zambia. Soup kitchens that feed nearly a million people in famine-stricken Khartoum were shut down. Humanitarian operations at refugee camps in Syria ceased operations, leaving thousands vulnerable to instability and violence at the hands of ISIS….

[We seek a TRO.]

~~~~~~~~~~~~~~~~~~~~~

MINUTE ORDER

The parties are hereby ORDERED to appear for an in-person hearing on the [9] Motion for Temporary Restraining Order on February 7, 2025 at 3:00 PM in Courtroom 17.

Plaintiffs shall notify counsel for defendants of the contents of this Minute Order and the time and place of the hearing.

So ORDERED by Judge Carl J. Nichols on 2/7/25….

Now we wait to hear how the able DC District Court Judge rules, but he made some very narrow rulings, three years ago — about whether and how, the J6 indictees might be prosecuted. Still — this provision of law is clear, and there is no dispute that Tangerine 2.0 is violating the Act of Congress, when it granted these funds. No consultation with Congressional Committees, by public hearings, has even been scheduled. Full stop.

नमस्ते

It Turns Out Those Powerful May ’24 Solar Storms Caused Relatively Long-Lasting Changes — At The Van Allen Belt, Here… Whoah.

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We mention all of this about every four months — even in non-Solar Max years.

Today’s NASA dispatch brings us the news that the discovery of these new “mini-belts” was made possible by NASA’s Colorado Inner Radiation Belt Experiment (CIRBE) satellite and published Feb. 6, 2025, in the Journal of Geophysical Research: Space Physics. This is particularly important for protecting spacecrafts launching into geostationary orbits, since they travel through the Van Allen Belts several times — before reaching their final orbits. Here’s the story, in full:

…The largest solar storm in two decades hit Earth in May 2024. For several days, wave after wave of high-energy charged particles from the Sun rocked the planet. Brilliant auroras engulfed the skies, and some GPS communications were temporarily disrupted.

With the help of a serendipitously resurrected small NASA satellite, scientists have discovered that this storm also created two new temporary belts of energetic particles encircling Earth. The findings are important to understanding how future solar storms could impact our technology.

The new belts formed between two others that permanently surround Earth called the Van Allen Belts. Shaped like concentric rings high above Earth’s equator, these permanent belts are composed of a mix of high-energy electrons and protons that are trapped in place by Earth’s magnetic field. The energetic particles in these belts can damage spacecraft and imperil astronauts who pass through them, so understanding their dynamics is key to safe spaceflight….

Okay — when you look up in the bright morning sunshine… and feel its warmth remember that we live in a precarious balance, for billions and billions of years on end here. We are exceedingly lucky, to be here — at all.

Me? I try to remain mindful that a single misfire, of sufficient size… could sterilize all life on our planet, in under seven minutes’ time. Nah, it won’t happen for another two billion years or so… but it could.

नमस्ते

The Mpox Drumbeat Goes On — First Irish Case, Now In Hospital In Dublin… Clade 1b, After Visiting DRC [With A Chaser Of: Are We Giving Copper Away — To China?!]

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The slow drip — drip — drip of these cases is to be expected — as that is how viral/biological transmission works.

What is (for me, at least) most alarming is. . . that without USAID, and with the US stopping funding for WHO, the EU international public aid sources are going to be severely taxed. This opens a door for China, and Xi — to become deeply trusted partners, on the African continent. I would expect no less of Xi — he will donate to relief efforts and curry lasting favor, to access mineral riches that are just awaiting exploitation there (the raw materials for ion/lithium batteries, and raw copper ores, specifically — in the now Mpox-afflicted DRC).

Even though the immediate narrative is about arresting the spread of Mpox Clade 1b, out of Africa — the longer arc has Tangerine 2.0 weakening the USA’s chances for building a supply chain for these very rare (and extremely valuable) modern battery elements. The guy can’t see his own enlightened self-interest. And so, demonizing the rest of world is his answer… to essentially everything. Damn.

Here’s the latest, from the Beeb:

…The first case of a newer, more spreadable variant of mpox has been detected in the Republic of Ireland, the Health Service Executive (HSE) has said.

The Irish resident, who was infected with the Clade 1b variant, had recently returned from the Democratic Republic of Congo.

The virus — formerly known as monkeypox — was declared a global health emergency by the World Health Organization last August….

The individual is now receiving specialist care in a hospital in Dublin. The HSE added that those who have received two doses of the mpox vaccine, or previously had the virus, are considered to have protection against severe illness caused by the newer variant….

These are thus both strange — and sad — times, in some ways, indeed. Onward just the same. Go you Philly Iggles… Heh.

नमस्ते

Yawn. Minor Update: Mr. Shumate (For Tangerine 2.0) Appealed To The Ninth Circuit This Evening, After Completely Losing — On Inj. / Birthright Case — In Seattle…

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Well… all this really means is that the injunction against Tangerine’s lawlessness stays in place for several months minimum (and likely… forever) — until after the Ninth Circuit case is briefed and argued.

Just as we predicted — this morning. Tangerine 2.0 is dead in the water, on these truly unhinged claims about people born here not being “subject to US jurisdiction.” Lunacy, that be — in any event here’s the notice of appeal, as filed tonight:

…PLEASE TAKE NOTICE that Defendants hereby appeal to the United States Court of Appeal for the Ninth Circuit from the Court’s February 6, 2025 Order (ECF No. 114) granting Plaintiffs’ motions for preliminary injunction.

DATED this 6th day of February, 2025….

So, just like last time in 1.0, Tangerine is about 0-6, in the courts now — in just three weeks. No winners. Not. A. One. Hilarious.

नमस्ते

And… Now, Suni and Butch May Not Get That “Ride Home”, Until… After St. Patrick’s ’25.

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At one point last year, the promise was that the pair would be home for Valentine’s Day ’25. Not so. Now St. Paddy’s looks to be the earliest possible return home, to see their kids. [It was to be seven to nine days, back in June of 2024. Wow.]

This is tough — but both are seasoned veterans of space life. This is how it goes. And, Suni got to go on her what? Eighth space walk a couple weeks ago? One of only a handful of women to have multiple EVAs under her belt. So there’s that — but I am still sure both of them are ready to come home to their own, ground based beds. Here’s the latest, styled as a speedier schedule, but it is a delay, compared to what that earlier word was, as of last August:

…NASA should soon announce a new plan for the return of two of its astronauts, Butch Wilmore and Suni Williams, to Earth as early as March 19. This is about two weeks earlier than the existing public timeline for their flight home from the International Space Station.

Bringing the two astronauts back to Earth next month will require some shuffling of spacecraft here on the ground and a delay of the privately operated Axiom-4 mission to the International Space Station to later in the spring….

So, I smile widely… and for a few more weeks, at least… “Walk your (Zero G) walk, grrrrlfriend!”

नमस्ते

[U] In About 30 Minutes — The Added Conference On Birthright Citizenship, In Western Washington State’s Federal Courts… Will be Broadcast, Below.

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Updated: Preliminary injunction — granted. It continues, nationwide — until and unless an appellate court says otherwise. The able judge had particularly harsh words for Tangerine 2.0’s disrespect for the law and the US Constitution. He said “these are not games to be played for simple political points.” Ouch. That will leave… a mark. End, update.

The whole notion of needing a hearing, to establish this… is wildly… off-putting. The leader of our nation should know better than this.

The feed should start playing automatically at 1 pm Eastern, Noon Central, 11 am Mountain and 10 am Pacific….

But if it doesn’t, just click the triangle (play the YouTube!)… to listen in. Audio only; no video though.

I suspect the status quo (a TRO against Tangerine’s unconstitutional Black Sharpie marks!) will be extended, as the hearing concludes. I also suspect the able USDC Senior Judge will ask about whether Team Trump intends to take an interlocutory appeal, such that a full trial may be put off, in the near term. Here’s the latest. It is now a very public hearing, in the people’s trial courts:

Onward, grinning….

नमस्ते