Category: Uncategorized

Federal Motion For Prelim. Injunction; Additional Deadlines, In Tangerine 2.0’s Complete LOSS On “Birthright” Matter…

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It really is all over, except for the shouting, now. Tangerine 2.0 has absolutely been bounced out of court.

The motion will be is now linked here — as it was not due until after 7 PM Pacific Time tonight, in the Western District of Washington.

Until then, here are those just published, and ordered… deadlines:

…The Citizenship Stripping Order deprives children born in the Plaintiff States of a foundational right enabling full participation in our democracy, as citizens may exercise their fundamental right to vote in federal, state, or local elections. U.S. Const. amend. XVI; ECF No. 1957 (citing state constitutions). They may serve on federal and state juries. 28 U.S.C. § 1865(b)(1); ECF No. 1 158 (citing state statutes). They may become the President, Vice President, or a member of Congress, and hold offices in the Plaintiff States. U.S. Const. art. II, § 1; U.S. Const. art I, §$ 2-3; ECF No. 1 4 61 (citing state laws). Children subject to the Citizenship Stripping Order will be denied each of these rights and benefits they would have had if they were born earlier.

The vast majority of those subject to the Order will be condemned to the additional harm of living with undocumented legal status. Most of the babies denied citizenship will be left with no legal immigration status and no prospects for legalization. Oskouian Decl. 11 5-10. Children left without legal status “will be at immediate risk of removal from the United States,” including “being at risk of being arrested and detained” during removal proceedings. Others will likely become stateless, “left in legal limbo” with “no home country to return to voluntarily or otherwise.” Baluarte Decl. 49 8-15. Statelessness would assign these children “a fate of ever-increasing fear and distress.” Trop v. Dulles, 356 U.S. 86, 102 (1958)…

In light of the temporary relief already provided to the Plaintiff States, see C25-0127-JCC, Dkt. No. 43, and the pendency of a preliminary injunction hearing, scheduled for February 6, 2025, see C25-0127-JCC, Dkt. No. 44, the Court sets the following supplemental deadlines:

▲ The Individual Plaintiffs may supplement the Plaintiff States’ anticipated motion for a preliminary injunction, no later than January 29, 2025.

▲ The Individual Plaintiffs may file a supplemental reply to the Government’s anticipated response (due January 31, 2025) on or before February 4, 2025.

▲ The Individual Plaintiffs shall appear at the preliminary injunction hearing set for 10:00 a.m. on February 6, 2025.

▲ The Plaintiff States and the Individual Plaintiffs are ORDERED to file a consolidated complaint no later than February 10, 2025.

DATED this 27th day of January 2025…

Now you know. Onward.

नमस्ते

So… The Flinn Plaintiffs’ Lawyers Think The City’s “Lack Of Standing” Argument… “Failed”?! That Will Be News, To The Judge Handling The Case In Chicago…

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Well — I will only link this morning’s nonsense — but not quote it, from Ms. Svenson, et al.. And I do so, solely to maintain a complete record.

In the course of arguing that they were “put upon” — by having to read emails and texts — and listen to voicemail — over the ’25 King Holiday weekend… the lawyers for the drummed-up plaintiffs seem to forget that the city’s motion to dismiss has been on file for a full SIX four months, now.

Similarly, they seem to forget that they still have not provided the actual residential addresses of the purported plaintiffs — at any time in the last four years.

Being a resident of this city. . . is a prerequisite to filing for reparations, per the city council’s own undisputed moving papers.

Long ago, the plaintiffs’ lawyers filed what was only a draft, of the city’s application papers — upon which they stake their claims. [The “Draft” stamp appears on every page, as an underlay, BTW.] Tellingly, the plaintiffs have never responded to the city’s clear and concise allegation — that none of these people live in or pay real estate taxes in the city.

Frankly, the time when one could complain — as a litigator, in federal court — about having to read an email over the weekend… has long past. And I firmly believe the able USDC Judge in Chicago will say so. He is due to rule on the fact that these plaintiffs have never established standing by residence… under the city’s well-pled dismissal motion.

Finally — for the plaintiffs to say a motion has “failed” simply because the judge hasn’t yet ruled… is deeply misleading. This too, the able judge is likely to address — in his forthcoming ruling. [The fact that the able and busy judge has yet to rule on this motion, all while the plaintiffs have been left out in the cold, literally and figuratively, for almost a year — should be ample hint to these jokers… that their claims are at best… specious.] Onward, grinning.

नमस्ते

Now Seen In Ten States; 67 Patients: US ‘25 Bird (H5N1) Flu Updates.

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Collectively, we need to pay better attention to emerging bioscience mutations, in public health.

And sadly, Tangerine 2.0 cannot comprehend the lessons he should have learned as 1.0 (from COVID). He’s decided to stop NIH communications and travel expenditures, among other matters. Insane.

Per the NYT life sciences reporting team, overnight:

…An [H5N1] pandemic is not inevitable even now, more than a dozen experts said in interviews. But a series of developments over the past few weeks indicates that the possibility is no longer remote.

Toothless guidelines, inadequate testing and long delays in releasing data — echoes of the missteps during the Covid-19 pandemic — have squandered opportunities for containing the outbreak, the experts said.

In one example emblematic of the disarray, a few dairy herds in Idaho that were infected in the spring displayed mild symptoms for a second time in the late fall, The New York Times has learned. In mid-January, the Department of Agriculture said that no new infections in Idaho herds had been identified since October. But state officials publicly discussed milder cases in November….

Much of a like nature… occurred just a decade ago, now. [Twelve straight? Rapid fire?! Amazing!] Smile!

नमस्ते

The Idea Of US Govt. “Owning” Part Of TikTok Is Likely A Non-Starter…

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The manifold Constitutional and antitrust issues it would create are simply… not things Tangerine 2.0 is capable of comprehending. [Moreover, Xi almost certainly won’t allow it.]

But in a perhaps mostly whimsical effort to “square the circle“, here — an entity (appropriately!) called Perplexity has tonight revised its prior longshot bid to provide that, once it has raised $300 billion in an IPO(!)… it would transfer non-voting stock to the US government equal to a 50% ownership interest stake.

I assume all this is at least partly whimsical, given that the company is a start up — and mentions a $300 billion IPO, as a condition to meeting Tangerine’s request. Honestly, even Tangerine is not that naïve… Perplexity will never be valued in a way to allow a $300 billion IPO.

Here’s what is known — about this likely publicity stunt of a “bid”:

…U.S. search engine startup Perplexity AI has revised the merger proposal it had submitted to TikTok’s Chinese parent ByteDance to create a new entity combining Perplexity and TikTok U.S., a person familiar with the proposal told Reuters on Sunday….

The U.S. government would own up to half of the new structure once it goes through an IPO of a valuation of at least $300 billion….

Okay then. What it lacks in serious rigor, it more than makes up for… in entertainment value, I guess. Onward, to a sunny Monday morning in the markets, then. Grin.

नमस्ते

Well… Not To Go ALL Tin-Foil Hatted, Here… BUT…

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To be clear, this is all… absolutely… trivial at this point. There is no percentage in alleging election ’24 fraud by Elon, or people he could have hired, at high rates.

But as it is increasingly seeming likely that Musk himself engineered some sort of bot attack or hack, if you will, to get his own account listed as one of the world’s top players in some nonsense video game online (called Diablo)…

Would it really be so hard to believe that he was able to hire people to edit files in a few key Democratic stronghold cities, to reduce turn out just enough to allow the red collar counties to overrun them, statewide?

I do not think it feasible to bump up red rural districts — as each is too small, and would be noticed. [And would involve (impractically) over one thousand separate hack teams….]

But if one could cut/decrease Democratic turnout, in three or four large cities by even 3% each — that would have been enough to flip Pennsylvania and Wisconsin. And Nevada (via Vegas, Milwaukee and Philly, respectively).

Did it happen? We will likely never know.

In the mean time — we will all just hunker down and wait — wait for Tangerine 2.0 / Musk bromance to… implode. And it will — by Summer. Then Musk May start his own “dirty tricks” — on the Donald, and his acolytes. Hilarious.

Onward.

While Powerline Stays Mum On The Unraveling Gaza Cease-Fire, Mirengoff Notes Some Of The “Whys”…

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The whole of the latest Israel thing is looking to re-ignite, and we all know Tangerine 2.0 simply lacks any of the aplomb needed, to defuse the situation. Score that as a new Bibi/Tangerine… loss.

Trump’s “clean out Gaza” — and have Jordan and Egypt accept all former Gazans, as refugees… is so naive, and frankly silly — as to make even the low information voters… laugh. The man is manifestly incompetent — on the world stage, in every note. [Paul and John and Scott and Steve well know it — but they are too cowardly to say so. Each of them felt the Israel peace deal was too weak (for Israel, as hard Right radicals) and now its clear that Trump and Bibi are losing a grip of even that modest, temporary compromise. All it means is more Israelis will die, as will many more innocent Gazans. Awful.]

And so it is, that Mirengoff (while also avoiding any mention of how Tangerine 2.0 is going to definitively ruin, whatever peace might have looked like, for Bibi…) this morning notes that there are in fairly broad swaths of the mainstream (non-MAGA) GOP, people who are going to make Trump’s life… complicated, here at home, as well:

…Although McConnell’s vote [against Hegseth] had no significance. . . it might have important implications for other nominees. By voting “no,” the former Majority Leader confirmed that he is no longer an ally of President Trump, a man he seems strongly to dislike….

Well… duh.

While Paul is right (but is belaboring the obvious the rest of us have seen for at least four long years), I write primarily to say… the likely overall outcome of a second Tangerine sitting… is going to be a whole lot of side-ways muddling.

His grand vision is hate, only. And that will ultimately fall of its own bitter weight.

Three decades from now, historians will look back and say those MAGA voters deserved what they got — good and hard, too.

The rest of us?

We just tried to ignore him. What a putz. Out.

Power Alley: Fierce Quotes Leerink — Merck Expected To See Stronger Ramp In Winrevair™ — In 2025, Multi-Blockbuster Status Coming…

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We long ago predicted that Winrevair™ — for PAH — would be a multi-billion dollar franchise for Rahway. I was a little puzzled in the second half of 2024, when it seemed to initially be slow going.

The treatment should be a breakthrough, and as more real world post approval data flows in, it seems that maybe some side-effects are not quite as prevalent as the initial, smaller clinical trials suggest they might be. So all of that is very good news, for Merck. Here’s just a bit from FiercePharma — do go read it all, from Friday past:

…Based on a survey of cardiologist and pulmonologists treating patients for pulmonary arterial hypertension (PAH), analysts at Leerink Partners believe that Merck’s Winrevair “should have strong uptake growth” in 2025.

The treatment, which was the primary target in Merck’s $11.5 billion acquisition of Acceleron in 2021, logged $149 million in sales in the third quarter. It was a solid but underwhelming performance for the long-awaited drug that Merck has projected will reach $3 billion in peak sales….

[T]he Leerink survey indicates that the risk of patients bleeding as a side effect of Winrevair is lower than that portrayed in a registrational trial that set the drug up for its FDA nod in March 2024.

“The real-world safety is better than expected,” Leerink wrote while acknowledging that the data need to mature.

“In 2024 we believe sentiment regarding bleeding risk and early market access challenges likely contributed to a slower Winrevair ramp, as many respondents expressed caution given the high bleed rate reported in clinical trials and were quick to discontinue or pause therapy,” Leerink wrote….

So — we will reiterate our belief that a year from now, Merck ought to be trading closer to $130 on the NYSE, than the high $90s of today. Onward, smiling… be excellent to one another.

नमस्ते

Hayward Doesn’t Know That Many INDICTED — And Disbarred — Attorneys Lose Banking Privileges?!

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That lame dolt Steve Hayward speciously says it is “his politics” that got his checking accounts closed.

No. It is that he used his law license to commit felonies (helping in falsifying the 2020 election outcome — by deceit — including forgeries), according to a speaking indictment in Arizona.

It is a sensible (and common) practice, at big money center banks, to close such lawyers’ checking accounts — due to the extreme dangers their deceitful conduct represents.

Lawyers willing to tell sophisticated felonious lies… may easily get even a large bank in very deep trouble with regulators — and be PR nightmares. May injure hundreds. May engender… insurrections.

So, Hayward is knowingly full of crap, in suggesting that his political views got him “debarked”.

No, it was the conduct (the same conduct that got him disbarred, you putz.

Out.

UPDATE On That Stupid Fitton Strike Suit, Against Reparations, Here In My Home Town…

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Yesterday, whilst we were busy doing other things, the City added to the weight of authority that holds Tom Fitton and his goofy solicited “plaintiffs” should be bounced for lack of having any concrete injury — called “lack of standing“.

The City pointed the able USDC Judge in Chicago to a decision in the Fourth Circuit, earlier in the month called Hierholzer, and here is what the City offered about that decision:

…In Hierholzer, the Fourth Circuit affirmed the district court’s dismissal for lack of standing a claim that the Small Business Administration’s Section 8(a) Business Development Program unlawfully discriminated against the plaintiffs on the basis of race.

The district court’s dismissal was based, in part, on the plaintiffs’ inability to plead facts sufficient to show that they were “able and ready” to participate in the program but for the program’s racial consideration because they could not meet the program’s race neutral requirements. Id. at *8. The Fourth Circuit affirmed.

Noting that because “‘the party invoking federal jurisdiction[]bears the burden of establishing’ standing… [plaintiffs] were required to plead facts to support that they would be eligible for the program” by meeting both its requirements that considered race and those that were race neutral. Id. “Because [plaintiffs] failed to do so, [plaintiffs] have not demonstrated that they suffered an injury in fact….”

The chuckleheads who brought this silly claim will (despite Tangerine’s endlessly hateful burping) be dumped out on their ears. Onward, grinning. . . [people who don’t own property, pay taxes locally, or… live here, cannot dictate how we choose, via our own city council decisions, to spend our own real estate tax money — in repair for wrongs previously done. Full stop.]

Now, enjoy “He Lives In You”:

नमस्ते

Okay, Hinderaker — You Own His Coming Screw Ups, Or Worse. He’s Your Drinking (Drunk) Buddy.

~ condor ~ 2 Comments

So never in our history has the Veep had to break a tie, with 50 voting “no” (including three Senators from Tangerine 2.0’s own GOP party!) — on any Defense Sec’y. nominee.

Never. Until tonight.

When he implodes (and he will… implode) — Hinderaker, his malfeasance is on your account.

Full stop. Let us just hope his incompetence (or drunkenness, or lewd public behavior or forcible assaults) don’t somehow provoke another hot war — one that gets US troops killed.

Let’s hope he won’t try to run Defense at all. Let’s hope he just crawls inside a bottle at the office by noon every day, and sleeps it off all afternoon — 52 weeks a year. [Until Tangerine fires him — for some likely imaginary slight, that is. You know that’s how this will end, if you’re honest.]

I mean c’mon man — he bankrupted the small charity he ran — with 100 staffers. He’s now the head of 2.8 million employees, including over 1.29 million active servicemen and women… and must administer the largest single component of the federal deficit. Damn.

Out.