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The Able USDC Judge Ezra Just Told Gov. Abbott… That His Latest Filing Effectively Lacks “Candor”.

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Welp — the Texas goofs are likely filing an entirely specious mandamus petition in the Fifth Circuit, as I type this.

Hilarious. They will lose — and the USDC in West Texas gets it exactly dead-bang spot-on correct here, this evening:

…“Where a discretionary stay is proposed, something close to genuine necessity should be the mother of its invocation.” Coastal (Bermuda) Ltd. v. E.W. Saybolt & Co., 761 F.2d 198, 204 (5th Cir. 1985). “Generally, the moving party bears a heavy burden to show why a stay should be granted absent statutory authorization, and a court should tailor its stay so as not to prejudice other litigants unduly.” Id. (citing Nederlandse Erts-Tankersmaatschappij v. Isbrandtsen Co., 339 F.2d 440, 442 (2d Cir.1964)). In granting a motion to continue or stay a trial, a court must evaluate the totality of the circumstances, including the amount of time available, the moving party’s responsibility for the situation, and the likelihood of prejudice….

The United States explains that it has already “expended significant taxpayer funds relocating key trial staff to Austin, printing and shipping exhibits, and making other preparations necessary to be ready on August 6,” 2024. (Dkt. #199 at 2.) The attorneys and witnesses are ready for trial. (Id.) The United States argues it would suffer additional prejudice from delaying the resolution of the case, especially when resolution has already been delayed by months before. (Id.; see also Dkts. # 75, 84.) The balance of interests, as presented to the Court, weighs against a discretionary stay….

This case has never been scheduled for a jury trial. It has been set for a bench trial for months. Despite this, Texas moved for the case to be placed on the jury docket on June 21, 2024, months after the Court’s scheduling order indicated there was no jury trial. (Dkts. # 123 at 2;135 at 2.) Texas filed its present emergency motion four days after the Court’s order denying its motion for the case to be placed on the jury docket. (Dkt. # 198.)

For these reasons, Defendants’ Emergency Motion for a Continuance or Stay of Trial is DENIED. (Dkt. # 198.)

IT IS SO ORDERED.

Dated: July 30, 2024….

Now you know. Oh — and speaking of “prejudice“, the floating razor wire barrier Texas is fighting to keep, has definitively killed a mother and her child, as of January — and maimed perhaps hundreds more — simply seeking asylum, as our long in force statutes and treaties permit, very clearly.

It would seem that the cruelty… is the point for these malign souls. Onward, shaking my head.

Mirengoff Flat Out Lies — About Tangerine’s Interactions With Central American Leaders (2017-21).

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The main cause of Tangerine’s lower border crossing figures was a wanton violation of our own, and international, laws: Tangerine was kidnapping children from their parents, in violation of numerous treaties and US federal law. Endless strands of federal courts have so held, for decades.

This is not not not “deftness” — of international leadership. This is… a criminal enterprise — nothing more (oh — and his wall was utterly… useless).

In point of fact, the Tangerine “tariff threats” to which Paul makes reference only came months AFTER Mexico had voluntarily eased the burden at border crossings.

But churlishly, Mirengoff writes — in unctuous fashion, thus (without any offered evidence):

…[Tangerine] addressed illegal immigration by brow-beating central American leaders into toughening up their immigration-related policies. That’s the kind of “steeliness” and “deftness” that produces results….

We know that’s a lie, Paul. We lived it. The federal courts ruled definitively that he had violated the law.

That is not… deft.

That’s just ultimately… impotent thuggery.

Out.

Scott And John Mis-State The Law. Yawn.

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Hardly a surprise, that — after two decades of regularly doing so.

Johnson this morning says changing Roberts’ immunity views of this past term would require a “Constitutional amendment.”

Hilarious.

No, Scott. That Supreme Court opinion… could easily be discarded as “wrongly decided”, by an Act of Congress, signed by the next President.

The immunity decision is an “interpretation” of the Constitution, just as Roe v. Wade was, and Dobbs was. Or, as Dred Scott or Plessy v. Ferguson was, to make the finer point.

A subsequent 5-4 Supremes opinion alone could also wipe it, as wrongly decided. [Note the 2021 ruling, at right — from this same Court.]

It is true that these Biden proposals are unlikely to pass… but it is silly that he and Hinderaker give one court opinion such Talmudic permanence.

It is no part of the actual Constitution, so shut it, boys.

Onward.

Finally! Next Week, There Will Be Oral Argument, In Manhattan, On Tangerine’s Stealing Of Eddy Grant’s “Electric Avenue” — In A 2020 Campaign Ad…

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We have followed this — for four long years — as regular readers well-know. Tangerine stole a police brutality / racial justice anthem belonging to Eddy Grant, about the Brixton (UK) race/police cases of the early 1980s — and put it in his “Trump train” campaign ad, without permission, and without paying ASCAP or BMI.

[Interestingly, he probably will garner more suits, after using James Brown’s “It’s A Man’s World” at GOP/Milwaukee (without clearances, payments or permission) — and using several other artists’ work, without paying, at his loony, hate-filled convention.]

But in any event, finally next week, we will see him have to answer for this earlier theft, in the federal trial courts in Manhattan. His campaign will not win a dismissal, Condor predicts:

…ORDER, The parties are directed to appear for oral argument with respect to the motions for summary judgment on Monday, August 5, 2024, at 4:00 p.m, in Courtroom 14A, 500 Pearl Street, New York, New York 10007.

SO ORDERED.

(Oral Argument set for 8/5/2024 at 04:00 PM in Courtroom 14A, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl.)

(Signed by Judge John G. Koeltl on 7/26/24)….

Eddy Grant — and the James Brown estate… absolutely should be able to soak the GOP campaign funds, this cycle and last, for the damage to the artists’ reputations — in being implied endorsers of a felon, and a racist, and a sexually-predatory misogynist candidate.

नमस्ते

Top And Bottom Line Q2 Beats, At Rahway For Q2 2024 — But Guidance For Full Year Trimmed Slightly.

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An unsurprising, but very solid Q2 on the back of pembrolizumab.

Given the decades of stable earnings and cash flow though, this presser isn’t likely to have affected the NYSE price trend much, once the dust settles:

…Merck’s Q2 2024 results demonstrate strong business momentum and further progress in our diverse pipeline. Our company announced worldwide sales of $16.1 billion, an increase of 7% from Q2 2023.

“Our business is demonstrating strong momentum as we exit the first half of the year,” said Rob Davis, chairman and chief executive officer. “Through excellent scientific, commercial and operational execution, we’re achieving significant milestones for our company and for patients. I am proud of our dedicated teams around the world that are working tirelessly to advance our deep pipeline as we continue delivering innovation that solves unmet medical needs.”

Merck anticipates full-year 2024 worldwide sales to be between $63.4 billion and $64.4 billion….

Onward. Now you know.

नमस्ते

Paul Conveniently Forgets That In 1969… He Was THAT SAME Kid — At Dartmouth.

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Mirengoff is miffed that some college kids will not see their lives ruined, for protesting in favor of Palestinians’ right — to simply survive.

I feel like I must keep noting this, for the record: these a-holes wish to take away the rights that they themselves were accorded by the Eisenhower and Truman generations (those on the benches who’d mostly served in WWII and Korea).

Here, nearly 55 years later, as to these current judges — many of whom were of age during Desert Storm I, then for 9/11 — and then during Desert Storm II — Mirengoff hopes he can convince those judges that these kids don’t deserve the same rights he had, as to Vietnam-protests / campus building occupations.

I literally cannot understand this level of… feckless hypocrisy.

Out.

[U: US Answers!] Abbott And Paxton: In “Loony [Non-]Law 101” — Losing On A Jury Request, Now Seek Mandamus. Hilariously… Stupid.

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We update, here on Tuesday, with the feds’ answer to the below nonsense (it was filed this morning, July 30, 2024): “…Texas has known for months this will be a bench trial. As Texas recognized, the scheduling order entered on March 5, 2024 made no provision for jury instructions, jury selection, or any other procedure appropriate to a jury trial. See Reply in Support of Motion to Place Case on Jury Docket, ECF 135 at 2. Texas first demanded a jury in its Answer and Counterclaim filed two months later, on May 10, 2024. ECF 118 at 1; see also Amended Answer and Counterclaim, ECF 120 at 1. But Texas made no effort, then or in the weeks that followed, to amend the existing scheduling order to accommodate a jury trial….”

Yep — Gov. Abbott is a. . . prevaricating idiot — as is his AG, Paxton. This was all designed months ago, to “run out the clock“, and get to a November 2024 election, and the now-increasingly vain hope — of a Tangerine administration return, and thus an end to this litigation — by a federal dismissal motion, from a new federal administration. Won’t happen. End update.

These two jokers are going to trial in a week. They knew months ago that they had no RIGHT to a jury trial in this matter (governments, like Texas, are not “people” granted Sixth (or Seventh) Amendment rights, in CIVIL matters, against other branches of government — here, the feds).

But here — after previously losing on that nutty gambit, the pair threatens, within 24 hours, to seek mandamus in the Fifth Circuit. This is a very stupid stall tactic.

That motion will fall on deaf ears. And there is no reason why the trial cannot begin, during the three days it might take for the Fifth to laugh Gov. Abbott out, on his ear.

Now you know. Onward.

And, Tom Fitton’s Time Is Nearly Up — Soon, The City Will Win Its Fees From His Organization — In About Three Months.

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The joker brought a federal suit — against a local city program, one which required as a condition of being eligible, that each claimant own or have rented real property in the city, and that the people applying had already lived in said real property in the city — between 1919 and 1969. [Or, if later than 1969, could show evidence of discrimination based on race, in housing in the city.]

The goofs (styled as plaintiffs by Fitton — the people he no doubt recruited) meet exactly none of those conditions, to even be able to apply (let alone complain about local tax dollars being used in a city they left decades ago — all whyte ppl).

And the applications process closed in 2021 (during COVID). None of them dropped by.

So this morning, the able USDC Judge Kness in Chicago put this all on a short fuse — for dismissal (as ably urged by Jenner & Block), for lack of standing to even get beyond the courthouse doors.

Here’s that text only entry:

…This docket entry was made by the Clerk on Monday, July 29, 2024:

MINUTE entry before the Honorable John F. Kness:

The Court sets the following briefing schedule on Defendant’s Motion to Dismiss and for Leave to Take Jurisdictional Discovery [13]:

[Fitton’s] response is due on or before 8/19/2024 and Defendant’s reply, if any, is due on or before 9/3/2024.

Mailed notice….

It would be difficult to imagine a more… inept strike suit, indeed. But this is SOP for Judicial Watch, and the non-lawyer Tom Fitton.

In Which Scott Johnson… Cannot Accept That Free Expression Is A Core US Value…

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Johnson doesn’t bother to make a rational counter argument — just like Billings-puss, he fecklessly demonizes the speaker (rehashing Clapton’s losing his mother, and other odd lot life events — most of over a half century ago, now — as a supposed argument against his minority viewpoint — today).

Cool. That’s Scott’s right. [Stoopid; but his right… to make an a$$ of himself.]

I’d listen to Clapton on foreign policy about as carefully… as I’d listen to Scott… trying to play that immortal “Layla” riff. Which is to say… almost not at all.

[First, above is the first time I heard Clapton’s riff, in the movie theatre that year. Smile… then the second one was decades later, but same basic theme.] And, in truth, I won’t listen to Johnson on Israel (at all), either. He’s a hate-filled tool, hell bent on repressing student speech he disfavors [even after his time at Dartmouth in 1969 or ’70… when he did the exact same thing, and didn’t suffer a long-term scratch].

The guy is a feckless… putz. But you knew that, already.