Category: Uncategorized

For Whatever (Little) It Might Be Worth… Memphis DA’s Claimed Grounds For Appeal

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In the Sixth Circuit Court of US Appeals this morning, Memphis DA Steven Mulroy claimed these as the errors he wants the appeals panel to review. As you may see, he has listed a ton of items, because he lost… utterly, at the trial level. [And to be clear, the GOP Governor, Bill Lee — depicted in the middle at right, is driving the strategy on this appeal of the complete loss. Hilarious.]

Messrs. Lee and Mulroy will lose here, as well.

And mediation failed because one or both of them… rejected it.

Here’s that silly notice of grounds — for the record (the meat of it, at least, in its full “Volunteer Orange” regalia!):

…(1) Whether Friends of George’s Inc. has Article III standing to challenge Tennessee’s Adult Entertainment Act — in part or in its entirety.

(2) Whether the district court erred in its findings of fact.

(3) Whether the district court erred in its construction of Tennessee’s Adult Entertainment Act and its crossed [sic] referenced provisions (Public Chapter No. 2, 113th General Assembly (2023) (codified at Tenn. Code Ann. §§ 7-51-1401, -1407, and § 39-17-901)).

(4) Whether the district court erred in holding that Tennessee’s Adult Entertainment Act (Public Chapter No. 2, 113th General Assembly (2023) (codified at Tenn. Code Ann. §§ 7-51 1401, -1407, and § 39-17-901)) is facially unconstitutional under the First Amendment to the U.S. Constitution.

(5) Whether the district court erred in holding that Tennessee’s Adult Entertainment Act (Public Chapter No. 2, 113th General Assembly (2023) (codified at Tenn. Code Ann. §§ 7-51-1401, -1407, and § 39-17-901)) is unconstitutionally vague.

(6) Whether the district court erred in the scope of relief provided…..

Now you know. Onward, grinning.

Scott Johnson And Steve Hayward… Ought To Read This, Before Writing Another Word On That GeekSquad Laptop…

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Damn.

So — how would it be that a Fox operative was willingly, knowingly, retained as Hunter Biden’s (now former) “therapist”? A guy now suspended from the practice of medicine for sexually abusing his female patients, and charging at least some of them for that — during “therapy”?

The contents of that laptop look to have been simply an altered, overwritten version of a hard drive from an earlier, likely at least partially faked version.

Be mindful, then, boys — libel and slander now lie. You are on notice of these problems with the chain of custody you cite as proof that the son of a prominent politician did or did not do anything (beyond several actions, largely the result of a substance abuse problem).

Despite The Errant Earlier AP Reporting, Merck Has NOT “Turned Up The Heat” — In Its Specious Federal Suit Against CMS/HHS…

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What is lamentable is that the usually excellent FiercePharma acts as an unblinking stenographer for this nonsense. Not all outlets have access to sophisticated federal litigation experts, true — but Fierce… does. Ask them, folks.

Here’s what has actually happened as of Tuesday evening. Merck filed a motion saying no fact-finding is needed for the court to rule.

That motion will fail, on its face. There is no scenario where any competent federal judge can rule in Merck’s favor without finding that a taking has occurred, or that Merck is being coerced by the particular, and amended, rules allowing CMS and HHS to negotiate drug pricing. Those are quintessentially FACTUAL questions.

Questions for which (and against which) evidence must be introduced, and evaluated. By a finder of fact — either a jury or a judge. In short, for which a trial must be had. So Merck’s motion is a mere formality. It is a loser — just as a motion by the government saying it should win just on applicable law, and that there would be no set of facts Merck could prove that would let Merck win… would also be a loser. At least some evidentiary hearings will be needed — fact-finding hearings.

So it goes. But this much from Fierce is accurate:

…Christen Linke Young, deputy assistant to the president for health and human affairs, told reporters on a conference call that there is “nothing in the Constitution that prevents Medicare from negotiating lower drug prices….”

Onward… smiling into a clearing morning sky — after various tornadoes touched down here overnight — missed my holdings, though. Grin.

नमस्ते

Hayward Talks Of Tom Wolfe’s “Great Relearning”… Ironic.

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As the GOP busily tries, largely in vain, this time by low level Trump appointed federal judges… to undo much of what these same geezers — 40 years ago LOVED — about Saint Ronnie Reagan’s world-view… the irony is palpable.

To be sure, Steve means to aim at early ‘70s liberal ideas — as the bogeyman (but most of his statistics are outright lies, or damnably misleading).

It is — in fact — Steve, and the Powerliners who need to do most of the “relearning”. Consider:

In Monroe, Louisiana’s federal courts, a Trump judge has been urged for over a year to re-impose the “FCC must carry” and “equal time” rules eliminated by Reagan in 1984 or so, when there had been only three networks to access the public — with video. [All because very few civil humans want to hear that racist misogyny belch forth, into their virtual living rooms.]

Of course, the MAGA forces don’t call it “must carry” – they style it as “ending govt. censorship”… but this again is a propagandists’ lie — of mislabeling.

No, it is in no manner censorship, when one or five of over 400 internet platforms disinvite certain liars and racists from using megaphones in their collective private living rooms.

Proof of all this resides in Trump’s platform (Truth — not!), and Parler and gab… all of which happily hand out their megaphones to all miscreant / comers. For free.

So, whatever else I loathed about Reagan — he well knew that the advent of a wildly-profitable, proliferating cable TV industry (just like social media platforms of this age, 40 years later) meant dozens of new broadcast and narrowcast carriers would end the oligarchy on broadcast media. In time, he knew that ABC, NBC and CBS would no longer be required/needed to provide “minority view” slots, at least not by the fiat of FCC rule.

He ended it. But now — 40 years later, because Trump’s hateful policies have alienated all but the frothy fringe of the GOP, the MAGAts want to revert to the 1960s era “must carry” rules — at FB, Twitter and Instagram and YouTube.

Hilarious!

Steve’s posts: where irony goes… to die.

[And all this before we talk about increasing danger in the streets, from MAGA’s radical pro- assault weapons stances. There was meaningful gun control under Saint Ronnie too, boys.]

Out.

GOP Rep. Comer & Scott Johnson… Vouch For A Felony-Indicted Fugitive From Justice…

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I waited a day on this, to see if Scott would tell the truth, and correct his misleading statements. He hasn’t. And, Rep. Comer, in fact, has relied on this jamoke — Gal Luft — for sworn testimony, in US House Committee hearings — that have become farcical internal GOP “bread and circuses” — of criming.

Sworn testimony, in this case, about matters related to Hunter Biden. And, unsurprisingly, this Luft character has been indicted, and is now in hiding — on the lam as it were — for foreign influence crimes, and for… (wait for it!) lying to federal law enforcement, about matters related to Hunter Biden.

This is what MAGA GOP group think leads to: soliciting reprobates and felons for testimony, while they hide from the long arm of the law, in hopes of avoiding jail for their crimes.

As to Comer — I am utterly unsurprised. As to Johnson — I would have thought he would have called out Luft, and disavowed his former claims.

Instead, he’s doubling down — by remaining silent, about the context of the indictment — and the fact that Comer knows now he’s been suborning perjury, at a minimum.

Just as the Powerliners did — for Tangerine — from 2016 to 2022.

Small Matter: One Year Anniversary, Of Science Ops, By NASA’s Next-Gen Space Telescope… Clearly A Winner.

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There is no denying it: the results are… jaw slacking.

And the hard science discoveries are only beginning, in this perhaps two-decades mission. To celebrate the completion of a successful first year, NASA has released this image of a small star-forming region in the Rho Ophiuchi cloud complex….

So, for the moment we will put aside the naming debacle, and simply marvel at what wonders this $10 billion basic science expenditure has wrought, now available for free — to all of humankind. Planet-wide.

Yes, that is worthy of celebration. Smile.

नमस्ते

Despite Walt Nauta’s Request, The Speedy Trial Act Requires Trump’s Stolen Docs Trial In Miami Begin By Sept. 14, 2023…

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In normal cases, all the parties agree to voluntarily waive the very short time fuses — set by statute, in federal felony trials. But this is no normal case.

Trump will certainly offer to waive, as his strategy seems to be to try to avoid going to trial before the 2024 election. But his is a felony case. And none of the delays he’s used in the past (civil proceedings) will here avail.

And to be certain, it wouldn’t be unusual, in an overworked, under-staffed AUSAs’ office, to see the government also agree to waive the Act’s tight timelines.

But — as I say — Jack Smith has been laser focused for over a year, now on getting to this moment. He’s been singularly tasked with ferreting out, and pinning down, Tangerine’s crime spree. He’s already provided Team Trump with almost all the documentary evidence he intends to use that Trump didn’t himself create.

So in a Miami federal court filing tonight, Mr. Smith’s team (for the people of the United States) announced to Judge Aileen Cannon that the latest this matter may go to trial is September 14, 2023 — by statute. He didn’t need to say it — but nothing requires that he waive that deadline. And I am betting dollars to donuts… he won’t.

Afterall, getting this trial finished — as early as possible, leaves Tangerine free (if anyone believes his preposterous claim that he’ll be acquitted!) to run in the primaries without need to be in court every day — and that’s been his biggest complaint, so far. Almost all the evidence came from his own club — and his own video cameras.

So Walt’s bleating about a December 2024 trial date… will go nowhere. The Special Counsel is not going to give them any easy out. They are going to trial. Walt’s only chance to avoid a Sept. 2023 trial… is to cut a plea deal, and testify as a witness, rather than appear in the well, as a fellow indictee.

All of that rings… a delicious irony — with “lock her up!” still chiming in Baby-T’s orange-hued ears.

नमस्ते

I Did Want To Lay Down The Cogent Response To Hinderaker’s Ugly And Overt Racism — Aimed At The WH Press Secretary…

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So here it is.

Don’t bother reading John’s — it is just nouveau klanner sh!t, warmed over.

Do read… this young male UNC student’s poignant and logical take on what Thomas, Roberts and Alito have done — to the protections he was previously guaranteed, in the Fourteenth Amendment:

…Affirmative action may not be flawless, as evidenced by admissions officers’ own biases, but it’s crucial that schools have the opportunity to consider race when curating a diverse student body. It is impossible to be colorblind in admissions when our nation itself is not colorblind in academic discipline, in social mobility, in imprisonment rates, in academic achievement, in hospitals — in its history, or in its present.

Minority youth of today are fighting not only for college admission but for the recognition of our worth, our struggles, and our potential. We are advocating for a future where our children won’t have to defend their rights to exist in diverse spaces. The Supreme Court’s decision to overturn affirmative action is a disturbing testament to our nation’s contemporary values….

D A M N.

Shut it, Hinderaker.

Mr. Mirengoff Agrees: Trump Is Going To KILL The GOP, Should He Be Nominated For 2024.

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That is old news to all not living in the cult of personality / his reality distortion bubble.

But the Powerliners still haven’t gotten the memo, in full.

Time for these doddering old fools — and malevolent, mediocre whyte ones, to a person… to wake up.

‘Murica won’t elect your favorite felon. And even Aileen Cannon won’t delay his convictions to beyond election day. He will be running from a jail cell, by then. [If you chuckleheads are stupid and self-destructive enough to let him be the nominee, that is.]

Hilarious.

You guys made this sordid bed (actually you sh!t in it) — so now it is yours to lie in.

In both of the obvious meanings — of that verb.

Out.