Aimee Harris: Congrats! Due To Your Own Flagrant Repeated Lyin’ — In Federal Court, You ARE Going To… Jail!

Tonight the able AUSAs have weighed in, with revised suggestions, for USDC Judge Swain, in Manhattan, on Aimee Harris’s sentence.

They are revised, because for now more than a dozen times, she has failed to abide by federal criminal court orders. Including at least five failures to appear.

Now April 9 will presumably be the end of the line — and these six pages set out how little respect she’s shown for the weight of the federal plea she entered almost two years ago.

Here’s the upshot: the new recommendation includes real incarceration, for 4 to 10 months — followed by three years of close supervision, thus:

At bottom, the defendant’s flagrant disrespect for the law, including the orders of this Court — even after pleading guilty in this case — demonstrates an abdication of responsibility for her conduct and strongly militates for an incarceratory sentence. In particular, the defendant has shown to be completely unamenable to court supervision such that a sentence involving merely probation will not be sufficient to deter the defendant from continuing to flout the law.

Moreover, a sentence involving no period of incarceration would be wholly insufficient to reflect the gravity of the defendant’s conduct, including her apparent belief that she is above the law and that she need not comply with this Court’s orders. A Guidelines sentence involving a period of incarceration, by contrast, would send the message that breaking the law and then failing to abide with the orders of the Court during the pendency of a criminal case will not be tolerated and will have serious consequences. For all these reasons, the Court should impose a sentence within the applicable Guidelines range….

For the reasons set forth above, the Court should impose a sentence of 4 to 10 months’ imprisonment, to be followed by three years of supervised release….

Here’s to hoping Judge Swain shows Harris… who’s boss, on the 9th.

Prison is absolutely appropriate here.

Onward.

An Approximately 8,200 Year Old Human Settlement Identified In New Mexico…

The US Air Force apparently has an “ancient cultures” attaché / wing, in its 49th Civil Engineer Squadron (who knew?). And that team unearthed what is thought to be a nearly 8,200-year-old archaeological site — at a road cut within the borders of Holloman Air Force Base, in New Mexico. [That is prior to the time of the pharaohs, and even prior to the “predynastic period” in Egypt.]

Holloman AFB nearly abuts the former White Sands testing grounds — where, as we earlier mentioned, 23,000 year old social group footprints were found in some fossilized mud — scraped bare, by a-bomb blast tests. This area of the US Southwest has clearly been home to some of the earliest versions of homo sapiens, in communal living groups, it would seem — at least in the Western hemisphere. Here is the latest (as our graphic marries the 2021 find with today’s, at Holloman):

…The site had been buried by nearby white sand dunes, and contained around 70 items that let the squadron glean more insights into the state’s ancient inhabitants….

The site’s original users were classified as “Paleo-Archaic.” The term refers to the first stages of the transition of human communities in the area from being hunting and gathering specialists into agriculturalists that subsisted on a broader range of foods, according to the National Park Service.

“It’s significant because we have very few intact sites from this time period because. . . of the erosional nature of a desert environment. This is a situation in which the site retains a high degree of integrity,” Mr. Cuba told the Santa Fe New Mexican on Monday.

The squadron has named the latest archaeological site as Gomolak Overlook, which references the previous cultural resources manager, J.R. Gomolak, according to the Santa Fe New Mexican….

It is sublimely ironic, that — but for Robert Oppenheimer’s tests of atomic weaponry at White Sands, these footprints, and now settlements emerging from under the sand, might have never been unearthed, under dozens of feet of white sands… sands, blasted away by a-bombs, in 1945.

Were these long dead, communal and gentle peoples still alive, and watching in 1945, I am not so sure they would have regarded any of it as… progress, of any sort. Onward.

नमस्ते

OSIRIS-REx Team Wins ’24 Armstrong Award, At NASA — Extended Mission Well Underway!

This was an astonishingly precise feat of engineering, with no “do overs”. [At right is the December 2023 graphic for the now extended mission — below is the landing of the capsule with Bennu dust in tow, from October of 2023.] So while we celebrate what was already accomplished, we wish to remind that this mission is extended through 2029, now — under the derivative name at right.

Success breeds… success. And this was a jaw-slackingly great one! Do go read all about it, here — from Goddard Spaceflight / NASA:

…The OSIRIS-REx team includes members from NASA’s Goddard Space Flight Center, Greenbelt, Maryland; Lockheed Martin in Littleton, Colorado; the University of Arizona, Tucson; and KinetX in Tempe, Arizona.

OSIRIS-REx launched Sept. 8, 2016, and the mission had to overcome many obstacles on its seven-year journey to Bennu and back.

“Bennu’s small size presented unprecedented challenges for the team to navigate safely near the asteroid,” said Michael Moreau, OSIRIS-REx deputy project manager at NASA Goddard. “In addition to these known challenges, Bennu threw a number of curveballs during the mission’s encounter between 2019-2020.”

The asteroid presented its first surprise in December 2018 when NASA’s spacecraft arrived at Bennu. The OSIRIS-REx team found a surface littered with boulders, and no areas in which the spacecraft could safely touch down to collect a sample unless navigation performance was improved significantly over what was designed before launch. The team also discovered that Bennu was ejecting particles of rock into space.

Despite the challenges, on Oct. 20, 2020, OSIRIS-REx descended to the surface of asteroid Bennu, touched down within three feet from the targeted point, collected a sample, delivering it to Earth on Sept. 24, 2023. The 4.29 ounces (121.6 grams) ultimately collected represents the largest asteroid sample ever collected in space and over twice the mission’s mass requirement….

Now you know:

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Hinderaker — Lying About Abortion Rights — AGAIN.

This is tragi-comically… false.

Hinderaker closes this afternoon by claiming that in Minnesota, and some other “blue” states… it is LEGAL to “abort” a fetus, after it has been born.

That is simply… a lie. It is “legal” — if the “zygote” is still born. Without a heart beat or respiration. Usually an extremely rare first trimester miscarriage is what he describes. In most states, the delivery room is not obligated by law, to try to revive in the first trimester, when there has been a miscarriage.

But the malign liar that is Hinderaker would have us believe that a full nine-month baby, born, breathing and pumping its own blood… may be… “aborted” after delivery.

What a feckless liar. If the baby has deeply endangered the mother’s life (regardless of weeks in gestation), and cannot be delivered vaginally, or by C-section, or is not capable of living outside her body, her doctors may choose (with informed consent) to save the mom.

Stop with the idiotic lies, John. And we all know the radical right GOP / Trump and McConnell prevented a fourth justice being seated in Ruth Bader Ginsburg’s seat (does the name Merrick Garland ring a bell, Johnnie?!). So yes, Dobbs… is on him.

And maybe Hinderaker should ask the battered women, whose partners are regularly abusing them, because they’ve been forced to carry to term in Texas, Alabama or Mississippi or Florida… (even in the case of forcible rape, or child sexual attacks) whether they think it is a “health care” issue or crisis — in those states.

Maybe ask the women hunted by “bounty hunters” in Texas, for the supposed “crime” — of leaving the state, to get abortion services (typically in Colorado or Illinois). What a liar.

And… What a putz.

[U] Surprising… No One: Stock Symbol “DJT” Is Down ~42% — In Just Six Trading Days. Hilarious.

Updated 04.03.24: Now…

DJT’s new audit firm just amended the 10-K to express substantial doubt about its surviving as a going concern, two days after the first 10-K was filed:

“…Substantial Doubt about the Company’s Ability to Continue as a Going Concern

The accompanying financial statements have been prepared assuming that the Company will continue as a going concern. As discussed in Note 1 to the financial statements, it is uncertain that the Company will consummate a business merger in the allotted time. If a business merger is not consummate but the specified date, there will be a mandatory liquidation and subsequent dissolution of the Company. Additionally, the Company has incurred and expects to incur significant cost in pursuit of its acquisition plans. These factors raise a substantial doubt about its ability to continue as a going concern. The financial statements do not include any adjustments that might result from the outcome of this uncertainty…”

Not a good look.

Cheers — this stock should be trading at… ~$2/share.

Out. End updated portion.

Last week we offered the reasoned, financial metrics based opinion, that this stock is worth about $2/share, if fairly valued for its potential to ever generate positive cash flow, or GAAP EPS.

Many of the MAGAt crowd have said they view buying it as a “campaign contribution”. The problem is… none of this goes to his campaign — and the savvy sellers are routing the ill-informed buyers, now. The stock is down almost 42 percent in just a handful of NASDAQ trading sessions. This means Tangerine has seen about $1 billion evaporate, of his supposed $4.1 billion stake — in the money loser.

And rest assured — this wretched pile of financial mismanagement… has much further to fall.

Hilarious — with a pure “cronies board” (including the fail-son, as well!) to boot — don’t expect that they will right the ship.

[I doubt any of them even know what to do — that’s assuming he’s willing to let them have the freedom to do something sensible, for the stock.]

In sum, he couldn’t make me happier, if he tried. See ‘ya at $2, boys.

नमस्ते

Only About One-Half Of One Percent Of Merck’s “NYSE Float” Is Shorted — Strong Sign Of NYSE Price Stability…

US Merck is about the twentieth least-shorted stock on the NYSE. As shorts go, it is in the top one fiftieth of one percentile, of all NYSE listed stocks — NOT much shorted.

This would imply both high institutional confidence in the stability of its quarterly financial results — earnings and cash flow… as well as pretty low volatility, in price fluctuations.

As a group, probably only tech rivals pharma, in low percentage shorted metrics.

Now you know.

Onward — to beating BHO44, in the NCAA Women’s brackets (for once!), tonight — if Caitlin Clark can best Angel Reese. We shall see… grin.

नमस्ते

Well… The Ultra Conservative Fifth Cir. Agrees — This Is Just About All Over, With Losses For Texas MAGA Gov. Abbott — And Wins, For The US Constitution.

As we noted late last week, the able USDC Judge Moses in Del Rio has made new factual findings, ones which deeply undercut Gov. Abbott’s deceptive telling of the events around the “land razor wire” barrier cases.

So the Fifth Circuit has asked the parties whether expedited review is still warranted, given that the water version of the case is proceeding apace to a trial (one which Texas will lose), and the abomination called TX SB-4 (the “arrest on sight” measure) is effectively dead, by both Fifth Cir. orders, and US Supreme Court interim orders.

…This case has been removed from abeyance.

The court would like the parties to address whether, in light of the district court’s supplemental findings, expedited review is still warranted. The parties should respond by letter to the court on or before Friday, April 5, 2024….

I still expect that feckless Texas AG Paxton (for MAGA Gov. Abbott) will still push for an answer, quickly — but it is clear that FHS and CBP are in charge again along the Rio Grande. It is all over, except for the shouting now. Onward.

नमस्ते

Serious Q.: Did The Oklahoma Prosecutor Offer Any Evidence… That She Had NOT Worn This Style The Whole Time She Was Married?!

In 2004, an Oklahoma Prosecutor sought the death penalty against a woman when her husband turned up dead — and she had, within a few weeks later, traveled to Mexico… with thong underwear in her suitcase. Clean… underwear. What?! Yep — A judge let that be admitted into evidence in a capital “lying in wait” murder trial.

Of course, the prosecutor did not prove — let alone even offer whisper of a suggestion, that this widow had not worn thongs her entire adult life. [Many women find them more comfortable, than granny-panties — I am reliably informed.]

The Oklahoma prosecutor claimed that the thong underwear helped prove(?!?!?) she killed him, to be able to chase all the men she wanted. In thongs. Gasp.

This month the Supremes will decide whether to hear her appeal — was this a wildly improper attempt to paint the woman as a Jezebel? An appeal to local prejudice? In what way could her packed underwear choice be… evidence of a murderous intent, weeks earlier? [There was no blood on any of them. And they were only found weeks later in luggage for a trip. No evidence to connect it in any way to the man’s death.]

No, it seems clear: this was solely intended to appeal to the prejudices of the locals: “nice” X-ian women don’t wear them.

Only Jezebels do.

BTW, she is the only woman on death row in Oklahoma. He got his capital murder conviction. At least for the moment.

DAMN. [Yes this is an echo to Fitzgerald’s poem of midnight.]

For April — Something… Different.

Yes… it is now… as of moments ago — April. And so I offer a poem from long ago — one that… resonates, even all these years on.

“Our April Letter”

— F. Scott Fitzgerald

This is April again. Roller skates rain slowly
down the street
Your voice far away on the phone
Once I would have jumped like a clown
through a hoop—
but
“Then the area of infection
has increased? …oh …What can I expect
after all—I’ve had worse
shocks.
Anyhow, I know and that’s
something.” (Like hell it is, but
it’s what you say to an X-ray
doctor.)
Then the past whispering faint
now on another phone:
“Is there any change?”
“Little or no change”
“I see”
The roller skates rain down the
streets,
The black cars shine between the
leaves,
Your voice far away:
“I am going with my daughter to the
country.
My husband left today. . . No he knows
nothing.”
“Good”.
I have asked a lot of my
emotions—one hundred and
twenty stories, The price was
high, right up with Kipling,
because there was one little drop
of something not blood, not a
tear, not my seed, but me more
intimately than these, in every
story, it was the extra I had. Now
it has gone and I am just like you
now.
Once the phial was full—here is
the bottle it came in.
Hold on there’s a drop left there.
. . No, it was just the way the
light fell
But your voice on the telephone.
If I hadn’t abused words so what
you said might have meant
something.

But one hundred and twenty
stories
April evening spreads over
everything, the purple blur left
by a child who has used the
whole paint-box.

Excellent — and perhaps not so stale, afterall.

नमस्ते

So… THIS Is Why It Might Be Good Idea — To Solve The Name Confusion — Between US, And German “Mercks”: Bloomberg Still Getting It Wrong.

Don’t misunderstand — Bloomberg is a great news outlet. It has generally very reliable business and law stories, and pharma- ones. [And it may have left some interns in charge of final edits — on videos — on Good Friday afternoon, for all we know.]

But over the at least last 15 years, we’ve documented at least ten or more news outlets (besides Bloomberg and the WSJ) — including the EU-based ones — that have run stories and pictures, and video… referring to the “wrong” Merck… in the outlet’s own story. So too, again — here on Good Friday just passed.

It is crystal clear they mean Rob’s US based firm (with copious references to the PAH biologic approval at FDA this week, no less!) — but the High-Def video open all weekend. . .– but the High-Def video open all weekend… is of the German firm’s HQ, in the gloaming — at… Darmstadt.

By late on Easter Sunday, the editors had corrected the video — but this is precisely why either a settlement or litigation must ensue. People may begin buying the German firm, thinking they get the US powerhouse’s earnings — when in fact, the German firm is now a waif, by comparison. Here’s the corrected link:

…Merck Chair and CEO Robert M. Davis discusses the US approval of Winrevair, a new treatment for a rare, dangerous form of high blood pressure.

Speaking on Bloomberg Television, Davis also comments on Merck’s development of an obesity-fighting drug and health-care costs. (Video edited to remove incorrect graphics)….

Now you know — let’s be careful out there folks… onward, to the Women’s LSU v. Iowa rematch! Grin.

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