There Are Now Over 50,000 People With Mpox Clade 1b, In Central Africa… Tough News — Over 2,500 New Cases In Last Week…

This is indeed tough news, even if some of these 2,500 “new” cases are more the result of clearing backlogs — finally having enough PCR test kits on the ground, to verify the afflicted’s status — by testing blood samples (some perhaps drawn weeks ago).

The 34 new deaths are also primarily among very young children. This all was a largely avoidable tragedy. Please ignore every word out of Kennedy Jr.’s mouth — about vaccines. Had the WHO continued to fund vaccines for small-pox in children for the past 20 or so years, it is a near certainty that this outbreak would have been — at most — forty or so cases… continent wide. We’ve written on this before: older adults (who were vaccinated in the 1980s and earlier for smallpox) are largely immune to this Mpox outbreak.

But not so, the children who were never vaccinated (as WHO felt smallpox had been eradicated from the Earth, and stopped spending for a vaccine it thought no one needed, any longer). But it turns out that it would have provided some immunity to these Mpox outbreaks. [Dammit. Again — please tell RFK Jr. to sit down and shut up.] In any event, here’s the latest, from the Univeristy of Minnesota’s CIDRAP researchers:

…Last week African countries reported 2,532 new mpox cases, mostly in the Democratic Republic of the Congo (DRC) and Burundi, pushing the total since the first of the year to 50,840 cases, officials from Africa Centres for Disease Control and Prevention (Africa CDC) said today.

The officials also reported 32 more deaths from the virus. At the briefing, Jean Kaseya, MD, MPH, Africa CDC’s director-general, said cases continue to rise in Uganda and the outbreak has spread to one more district of Central African Republic (CAR), Paoua, which is on the border with Chad….

We shall hold a good thought — that people will stand with the clearly demonstrated bio-science, in favor of vaccines — as safe and effective. Another pandemic is only as far away as the next largely unvaccinated population / generation in a country. Out.

नमस्ते

Maybe Mike Davis Isn’t Being Paid — And This Is His Bail Out Move…

Hinderaker tonight finally noticed that this Tangerine lawyer… is proving true that the Cheetolini meant his threats of retribution.

This may win him… a censure, from Judge Merchan on the 12th.

But it may also be his intended exit ticket, since it wouldn’t surprise me to learn that Tangerine isn’t paying him (consider that Trump owes Rudy Giuliani ~$2.2 million in legal fees he’s never paid, per Rudy’s Chapter 11 filings).

We shall see… but this is… madness.

Sheer madness.

And John, never able to accept the logical consequences of his own demented advocacy… tries to label Davis as a “false flag” operator.

No John, he’s been GOP / MAGA from its first days.

But Hinderaker’s silly attempts at self-delusion are quite… precious.

Out.

In Tangerine’s “Only The Best People” Annals: More Rudy G. Shenanigans Edition! [Caught Red-Handed.]

We can only laugh — as we watch former Mayor Rudy D. descend into lawlessness — the same sort of lawlessness he used to regularly prosecute in Manhattan, as the then US Attorney, what now seems. . . an entire life-time ago.

This guy was, and now once again is… one of Tangerine’s closest confidants and advisors. What will he advocate about, once inside 1600 Penn.?! Yikes. This — from plaintiffs’ lawyers, is a letter detailing preposterously bad faith evasion of lawful USDC Manhattan court orders (by Rudy):

…Plaintiffs asked whether Defendant would stipulate that 1) at the time of the purported gift, the value of the rings, individually and collectively, exceeded any applicable annual gift-and-estate tax exclusion amount applicable the purported gift in tax year 2018, and 2) that no gift tax return was ever filed relating to the rings. Defendant declined to so stipulate, and Plaintiffs’ counsel understands that Defendant intends to oppose this motion.

The World Series rings at issue were initially listed on Mr. Giuliani’s bankruptcy schedules as property of the bankruptcy estate in his chapter 11 case, indicating that Mr. Giuliani understood the rings to have been his property as of the December 21, 2023 chapter 11 petition. See ECF No. 10-2 at 4. When proceedings commenced in this Court, Plaintiffs included the World Series rings among the property subject to their motion for turnover and receivership. See ECF No. 9.

On October 8, 2024, while that motion was pending, Intervenor [the son who was purportedly gifted the rings] moved to intervene to assert an interest in the rings, claiming that Defendant had gifted the rings to Intervenor on May 25, 2018. (ECF No. 52). Plaintiffs promptly served discovery requests (including a set of document requests that covered documents and communications relating to tax planning) on Intervenor on October 16, 2024, and Intervenor responded on October 27, producing a limited set of documents and nothing relating to any tax planning by himself or by Defendant….

[And in a separate Wilkie Farr (plaintiffs’) letter, same date:]

…Mr. Giuliani asks that Plaintiffs send him legal documents to transfer title to the [1980 SL500, a baby blue ragtop Mercedes] automobile, which is registered in Florida. Had Mr. Giuliani or his counsel so much as Googled this issue, they would have learned that in Florida paper titles are transferred by the owner signing the front of the title certificate, while electronic titles must be reassigned in person at a motor vehicle service center.

It so happens that Mr. Giuliani has filed a copy of his vehicle registration at ECF No. 42-5 in No. 24-cv-6563; entering the title number shown on that registration document into the Florida HSMV website shows that the title in question is, indeed, a “paper title.”

Apparently, neither Mr. Giuliani nor his counsel have bothered to investigate how to comply with the Court’s order in this regard….

In light of recent events, it is impossible to fathom how those representations [by Mr. Giuliani — about his former properties] were true. As set forth in the correspondence already filed at ECF No. 81-1, Plaintiffs have made direct requests to Mr. Giuliani to identify the location of all receivership property, including and particularly the property that Mr. Giuliani moved out of his New York Apartment. [That property included an autographed New York Yankees No. 5 jersey — one worn in World Series game play, by Joe DiMaggio, as a follow-on member of the historic “Murderers’ Row” clubs, long gone to the mists of eternity — but somehow… appropriate that it has gone… missing, while in Rudy’s control]….

“Where have you gone, Joe DiMaggio — Joltin’ Joe has left, and gone away….”

Yep — that was a time — Joe’s time — when there really were heroes in public life, in NYC. So, as I say, and as ever — Tangerine hangs with “only the best” people. [Here, solely for a complete record, is Rudy’s lawyers’ version.] It is going to be a lo-o-o-o-ong four years. Onward… grinning.

नमस्ते

Overnight, A Fourth Clade 1b Mpox Case, In The UK… But Still Limited — To One Contact Grouping.

The primary good news here it that the four viral hosts/patients were all from a single household, so the risk is exceedingly small — to the general British public. And all four are receiving therapeutic drugs, while all known contacts of the four have now been vaccinated.

Even so, with one case here in the USA, we all need to be vigilant. Here’s the latest from the US AP wires:

…British health officials say they have identified four cases of the new, more infectious version of mpox that first emerged in Congo, marking the first time the variant has caused a cluster of illness outside of Africa. Scientists said the risk to the public remains low.

Authorities announced the first case of the new form of mpox in the U.K. last week, saying the case was being treated at a London hospital after recently traveling to countries in Africa with ongoing outbreaks.

This week, the U.K. Health Security Agency said it had now identified three further cases who lived in the same household as the first patient. They too are now being treated at a hospital in London….

Onward — the days will get brighter from here — and my pro bono “resistance law” practice has already “rolled up its sleeves” (as Kamala asked, last evening!) and reported for duty. Grinning — lil’ ladies here this evening!

[Side note: Clearly the Powerline boys fear Kamala — as a 2028 White House candidate force of nature, and at the 2026 mid-terms. The boys know JD “eyeliner” Vance plays way too… small. And the gOP has no bench. So, three days later, they simply can’t stop writing misogynistic things about her, and all powerful women of color, more generally. Hilarious.]

नमस्ते

Hinderaker Would Have Us Believe That Long-Standing DoJ [Non-Partisan] Policies Are Proof Of Trump’s… Divine Rights. YAWN.

So, there is a long standing policy that the entering President cannot be criminally prosecuted while in office, not by the US DoJ or the Special Counsel.

John pretends this is proof of Tangerine’s near divinity, after last night. Poppycock.

It is simply our system of ordered liberty in action.

There is nothing more than an umpire calling balls and strikes to see here, John. [But since the bulk of Tangerine’s most faithful flock lack even the functional equivalent of a high school civics education… Hinderaker thinks he can spin this whopper, to great effect. Nope. Try again, son.]

We should note, though, that the state-level cases — three of which have gone to trial, and one of which now is scheduled for a 34-felonies sentencing on November 26, 2024 — by NY State Judge Merchan… face no such policy constraint.

In sum, the states are free to execute their own criminal proceedings — and all civil ones.

Hilarious, there Johnnie-boy — you’re a liar, even when your boy has won a victory lap.

Damnation.

Back To The Power Alley: Guggenheim Securities Slightly Trims Merck’s One Year NYSE Price Target — But Still Forecasts… ~30% Upsides, From This Morning.

Let us try to find some smallish sense of normalcy, in this most chaotic of moments. I do trust that Kamala will offer a gracious unifying speech this evening, despite the way her opponent has belittled and demeaned her — as a woman.

To that end, we would note that the “Gugg” is pretty astute — and while the slight dip in growth rates for the China sales of Gardasil are not insubstantial, pembrolizumab sales increases are very likely to fill any dip that the HPV vaccines might post, by year end 2025. So yes, with Merck at just over $100 a share this afternoon — and thus a “Buy” rating, with a 30% upside is still pretty outstanding, for a 12 month return. Here’s that story, from this “morning after’s” [hangover]:

…Guggenheim lowered the firm’s price target on Merck to $130 from $137 and keeps a Buy rating on the shares. While noting shares are down about 2.6% since the company reported Q3 earnings last week, with much of the focus remaining on Gardasil sales in the quarter that were well below expectations, the firm adds that it was “encouraged” by Keytruda’s continued strength and Winrevair’s uptake in its first full quarter on the market….

I will bet a real Buffalo Nickel that Tangerine welshes on his promise to Elon Musk — to “let” him “cut ~$2 trillion” from the federal budgets. Elon will be happy to keep the electric vehicle subsidies and his federal SpaceX contracts with NASA. Heck he may even offer to buy out the dying Truth Social train wreck brand (by folding it into the X-itter properties he holds, giving Tangerine a “soft landing” for his 67% interest in that hater-aid site). Damnation.

Now you know. Take your time. Breathe deeply, and focus on all the good things… that still are… true.

नमस्ते

We Need… Some Levity. And The Former Mayor Of The Big Apple Will… Oblige.

I think a grin is in order. Let us all laugh at the disgrace Rudy Giuliani has become: disbarred; indicted; broke and fleeing the foreclosure orders of various receivers, on the $148 million judgment (for libeling and defaming a pair of mother/daughter Georgia election workers, from last time around — 2020-21!).

We offer this letter/exhibit below in full, in which it turns out Rudy took all the furnishings out of his NY Co-op — despite an explicit federal court order that all that property belonged now to the plaintiffs… and then was reached by phone, by the judge — in the Mercedes, headed to vote in Florida, yesterday… and yep — that same Mercedes must be turned over in Manhattan federal court tomorrow (along with the Mercedes keys).

Rudy had tried to tell the judge he would miss court, because he had “a radio show” to do with Tangerine, tomorrow. The judge simply (and forcefully) told Rudy he could come to Manhattan tomorrow morning, or the US Marshals would come arrest him in Florida at his radio gig, for failure to appear on a standing order of civil disgorgement (now in default). Hilarious. Now it looks fairly likely that the two fine women in Georgia will get title to both the NY Co-op, and the Florida (Miami) condo (as well as the Mercedes!):

…Notably, despite Mr. Giuliani’s apparent assumptions to the contrary, Mr. Giuliani’s “alternative” New York homestead claim and his Florida homestead claim are not two sides of the same coin: one is not automatically triggered if the other fails. Instead, to establish the factual predicates for a homestead claim as to each apartment, Mr. Giuliani must address different facts and a different relevant time period, and it is possible that both efforts will fail. In the parallel declaratory judgment action, either the undisputed facts or the trial record will demonstrate that Mr. Giuliani did not establish a homestead at the Palm Beach Condo prior to the undisputed date of Plaintiffs’ lien on August 8, 2024. Meanwhile, in this proceeding, to the extent Mr. Giuliani’s waiver will be forgiven and he will be given another chance to carry his burden to demonstrate an entitlement to the New York exemption, the revelation that Mr. Giuliani recently vacated the New York Apartment sometime in late September or early suggests that he may be disqualified from claiming the New York homestead exemption under CPLR § 5206(c).

Stated differently, while an individual cannot simultaneously maintain two homesteads, in this situation, it is possible and even likely that Mr. Giuliani both did not have a homestead claim at the Palm Beach Condo before August 8, 2024, and did not have a homestead claim at the New York Apartment when he sought to claim it here — and that consequently, both of Mr. Giuliani’s homestead claims will fail….

Now you know. These are “only the best people” — according to Tangerine. And, to be clear, the $148 million is ALSO a civil state law determination — so Tangerine cannot let/get Rudy off the hook, even if he wanted to. Onward, grinning — a sardonic grin.

Something Odd… Must Have Happened In Philly — And Milwaukee, Yesterday…

I can accept that men who never finished high school voted about 85-15 for Tangerine. That I can believe.

But after having knocked on doors in South Milwaukee and Kenosha… I am baffled.

[And after speaking to several relatives who did the same, in South Philly] I cannot believe how anemic the turnout for the truth ended up being.

I may need a minute or two. May not post much today or tomorrow. Lies — many of them, preposterous on their face, told by a convicted-for-frauds felon… were apparently accepted as facts, by some good-sized chunk of the electorate yesterday. And the truth, as spoken (and documented!) by a woman of color… was dismissed, out of hand.

It seems Swift, Pepys — and later, Twain — had it down about right. That’s disappointing.

But his sentencing will go forward on November 26, 2024 — in NYC, in Judge Merchan’s courtroom. And if jail is part of the sentence, Tangerine will appeal. As these are state level felonies, he cannot self-pardon, though. Out.

नमस्ते

[U X2] I Would Remind Scott That Philly Came In On Saturday… In 2020.

Final Update: AP declares Tangerine will win. Prediction: Judge Merchan will now see Trump sentenced to at least some weekends in jail on November 26, in the NYAG 34 felony fraud convictions. Trump will appeal.

UPDATE, after midnight CST: Scott softened his headline that originally read “Trump Sets Win”… to “Trump on the Verge”… I suspect someone reminded him of Truman, or he independently remembered how Joe Biden won in 2020. On a Saturday. Four days after election day. There are lots of ballots still to be counted in Pennsylvania and in Arizona and Wisconsin and Michigan. So even with the revised headline… I will opine that Scott is a moron. End, updated portion.

Call me… crazy, but I think we should wait until all ballots in Wisconsin and Pennsylvania have been counted, Scott “Dewey” Johnson. That may not be before… Friday. Same — Arizona and Michigan.

I would further remind him we voted on a Tuesday in 2020… and Mr. Biden used the slow/late counting of votes… to win Pennsylvania, and the White House.

So maybe Scott ought to… be less… idiotic in his predictions.

More than any election either he or I have witnessed in our entire lifetimes, this one is going to go down to the last few thousand votes.

And in Michigan, Wisconsin and Minnesota. The blue wall will hold.

Scott will regret being such a fool.

Onward.

It Turns Out That Texas State Lawyers / Gov. Abbott Filed A Fifth Circuit Request IN THE WRONG FEDERAL CASE JACKET. Denied. Hilarious!!

We mentioned this morning that it wasn’t clear quite precisely… why the trial had been postponed (from this Thursday) in the floating razor wire case — and discovery reopened.

Now we know. Texas filed a motion to have the full Fifth Circuit re-hear an argument Texas lost, on navigability. But Texas filed it under the wrong case number. So quite correctly, the Fifth Circuit said it will take no action.

Then, this morning, at a hearing, the trial court in West Texas reopened discovery itself, to hear evidence on whether future navigability can be established, among many other issues. The State of Texas filing contains numerous obvious grammatical errors and typos. It was clearly filed in extreme haste. And it has failed. Even so, it does obliquely explain why the trial date has been pushed off, thus:

…At the conference, the district court refused to rule on which opinion from the en banc Fifth Circuit controls proceedings on remand, even though trial was scheduled to begin in days, and the district court had previously indicated that it would “‘need to make a ruling on’” which opinion controls “‘prior to trial.’” See State’s Motion to Clarify, United States v. Abbott, No. 1:23-cv-00853, ECF 250 (W.D. Tex. Nov. 1, 2024) (quoting the district court). Instead, the district court sua sponte continued the trial, which the United States had never requested. It sua sponte re-opened discovery on all issues, which again the United States had never requested, and the court had previously assured “will not happen.” And it directed the United States to offer evidence about the future navigability issues that the United States — the plaintiff in this case — had expressly abandoned….

On September 20, 2024, the panel issued a published decision in this case refusing to the [sic] correct the denial of Texas’s jury demand. See In re Abbott, 117 F.4th 729 (5th Cir. 2024)….

[That request for an en banc rehearing was also denied this morning.]

MAGA Gov. Greg Abbott and his AG Ken Paxton (and appointed minions) clearly are the gang that couldn’t shoot straight. Hilarious!

नमस्ते