Seven Felony Counts, Just To Start?! Hilarious.

More soon.

Nah. Never mind. Let’s just leave it like this:

This is… certainly his… comeuppance.

And sure, Hinderaker — he’s sure a “serious” president criminal.

…He’s the first former commander in chief to ever face federal felony charges, from a grand jury….

He certainly had it comin’… and Aileen Cannon is initially assigned to the proceedings, since it is “related” to the documents cases. My bet is that she will seek to redeem herself, and show she understands that espionage is not a good look, on a preznit. But we shall see.

[Here on June 9, 2023, Hinderaker’s still ongoing suggestion (despite a stream of very damaging recordings in Tangerine’s own voice, and now a bevy of resigning lawyers, likely to avoid being charged themselves as accessories) that “this is an inconsequential political witch hunt“… is simply preposterous. But, thankfully… Hinderaker, and his bleatings, no longer matter. At all.]

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Hayward, Like Stauffer… Seems To Think… WISHING Will Make The GOP’s Death Knell Fall Silent. Heh.

But Steve and Bits… the dying will… go on.

Your pie-in-the-sky “wishing”, about small distractions on the left… won’t ever save the sinking ship called GOP Titanic.

Yep, that was a Tangerine iceberg — and you all positively steered into it for four long years.

Do have fun re-arranging the deckchairs — in the clear still frigid night air — do so… all you like, as you go down by the head, just the same.

Unlike Hinderaker, At Least Paul Mirengoff Understands How Feloniously Outrageous Trump’s “Stolen Top Secret Documents” Lies And Cover-Ups Are…

Late last night, we poked fun at John Hinderaker’s inability… or unwillingness… to read the newspapers, to stay abreast of what it is that Trump has clearly been shown to have done.

John labeled it all as “non-serious.”

Espionage, as Mr. Mirengoff this morning concedes… is extremely serious. Here is the mild way in which Paul sets out what will amount to a charge of espioage — in its essential gravamen:

…What [Trump’s overnight rant, in all caps — and replete with grammatical and spelling errors!] ignores is that in the instances Trump cites, neither Joe Biden, Bill Clinton, nor Hillary Clinton defied a subpoena — much less lied to their lawyers about the whereabouts of subpoenaed documents or shifted documents from room-to-room to evade production.

Reports suggest that Trump did all of these things (or had them done on his behalf). If the reports are true, then Trump likely obstructed justice and the misconduct Trump cites by others has little or no relevance to the case against him….

As I say, that’s a very mild telling of it all — but Paul clearly agrees Mr. Smith has his man. And will indict him, for matters involving endangering National Security.

But we all know — the punchline here — Trump will run third party from jail, if it comes to that.

That — with the Alabama Voting Rights Act case from the Supremes this morning… is the death of the GOP — for at least a decade, at 1600 Penn.

No matter whom is the nominee / candidate on the Democratic side. Sorry Johnny.

[U] Breaking — Voting Rights: Supremes Rule 5-4 That Alabama GOP Cannot Intentionally Gerry-Mander Lines To Dilute Black Voting Power…

This should send a shudder through the hard right GOP forces attempting similar moves across the South.

The full 113 page opinion is here, from the emergency / shadow docket — and a bit:

…In January 2022, a three-judge District Court sitting in Alabama preliminarily enjoined the State from using the districting plan it had recently adopted for the 2022 congressional elections, finding that the plan likely violated Section 2 of the Voting Rights Act, 52 U. S. C. §10301. This Court stayed the District Court’s order pending further review. 595 U. S. ___ (2022). After conducting that review, we now affirm….

To prove a §2 violation under Gingles, plaintiffs must satisfy three “preconditions.” Id., at 50. First, the “minority group must be sufficiently large and [geographically] compact to constitute a majority in a reasonably configured district.” Wisconsin Legislature v. Wisconsin Elections Comm’n,…. “Second, the minority group must be able to show that it is politically cohesive.” Gingles, 478 U. S., at 51. And third, “the minority must be able to demonstrate that the white majority votes sufficiently as a bloc to enable it… to defeat the minority’s preferred candidate.” Ibid. A plaintiff who demonstrates the three preconditions must then show, under the “totality of circumstances,” that the challenged political process is not “equally open” to minority voters. Id., at 45–46. The totality of circumstances inquiry recognizes that application of the Gingles factors is fact dependent and requires courts to conduct “an intensely local appraisal” of the electoral mechanism at issue, as well as a “searching practical evaluation of the past and present reality.” Id., at 79. Congress has not disturbed the Court’s understanding of §2 as Gingles construed it nearly 40 years ago….

The extensive record in these cases supports the District Court’s conclusion that plaintiffs’ §2 claim was likely to succeed under Gingles….

As to the… Gingles preconditions, the District Court determined that there was “no serious dispute that Black voters are politically cohesive, nor that the challenged districts’ white majority votes sufficiently as a bloc to usually defeat Black voters’ preferred candidate.” The court noted that, “on average, Black voters supported their candidates of choice with 92.3% of the vote” while “white voters supported Black-preferred candidates with 15.4% of the vote.” Even Alabama’s expert conceded “that the candidates preferred by white voters in the areas that he looked at regularly defeat the candidates preferred by Black voters.”

Finally, the District Court concluded that plaintiffs had carried their burden at the totality of circumstances stage given the racial polarization of elections in Alabama, where “Black Alabamians enjoy virtually zero success in statewide elections” and where “Alabama’s extensive history of repugnant racial and voting-related discrimination is undeniable and well documented.” The Court sees no reason to disturb the District Court’s careful factual findings, which are subject to clear error review and have gone unchallenged by Alabama in any event….

[Chief Justice Roberts:] The heart of these cases is not about the law as it exists. It is about Alabama’s attempt to remake our §2 jurisprudence….

BAM!

Onward. Grinning ear to ear. Sanity is making a comeback, now, and 2024 is looking pretty… bright (despite the wildfire haze… all over the nation, this mornin’).

This may not bode well for the college admissions cases, either — at the Supremes — alleging so-called reverse discrimination.

Updated: The 80 page dissent of Justice Thomas merits no considered response. It is devoid of legitimate legal reasoning, and instead simply argues to turn back the clock to a time when if you were of color, and wanted to vote — you were required to recite the full text of the US Constitution by heart. That is all he argues for, at bottom — a return to a “simpler” time. Disgusting.

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So… Hinderaker Is Right Directionally: Trump To Be Indicted (Again!)… But…

John seems to have missed at least the five latest news cycles on Tangerine’s theft of the classified docs matter.

He does admit Trump is going down for it, though — so directionally, that’s correct.

But when he calls the felonies not that serious — he’s simply a buffoon.

The last few news cycles have established that Trump bragged on tape about having top secret Iraq attack battle plans, more than a year after leaving office, and shared their content — likely with other Arab nation operatives, out of hatred for Gen. Milley.

And then he lied about having them.

AND NOW… he says through his lawyers that those documents are “missing”.

Only a fool wouldn’t think he sold the originals (for some loans or favors) to rival Arab nations.

That is… espionage, Hinderaker.

You should probably shut up, if you cannot keep up.

Even so, Tangerine will still run third party from lock up, when he doesn’t get the nomination.

So… get ready for eight more years of Democratic control of the White House, son.

Cheers.

Now Bitsy… Is Just… Nutz.

Note that (yet again!) she doesn’t ANYWHERE mention that should Tangerine NOT be the GOP nominee… any sensible human well-knows he’ll run third party.

In sum, he’s… the latter day Ross Perot in that scenario. Professor West (whatever else I think of him)… will not prevent any Democratic candidate from winning the White House in 2024.

No one can.

The duopoly of DeSantis / Trump will make sure of it — all, from the GOP side.

Cheers, Bits — but believe whatever nonsense you and your frothers want.

Betsy Thinks “Blue Bird” Tucker Is… “Angrier”?! Nope. Loonier.

According to Stauffer, Tucker said tonight that Ukraine forces blew up their own dam, flooded their own land, and risked a nuclear meltdown at their own power plant… to “embarrass” Russia.

That’s… even more loony than his suggestion that US “men in black” are hiding alien spacecraft, and dead extraterrestrial pilot corpses… somewhere.

Yikes, Bits, you sure have a knack for promoting… certifiable nut cases.

Cheers.

“Sanity’s Making A Comeback” — Via Florida’s FEDERAL Courthouses…

For John, Bitsy and Stevie — a federal judge in Tallahassee ruled just moments ago… that you kids… aren’t MDs. YAWN.

And that none of you (and certainly not Gov. DeSantis) could be empowered to invade the privacy of treatment conversations between people experiencing gender dysphoria and their doctors.

Nor is that power granted to any state legislature. The stupid wedge issue, affecting less than 1% of all Floridians… dies… now.

Here is that full 44 page opinion of law, and some real common sense, from it:

…We put band-aids on cuts to keep dirt out not because there is “high” quality research-generated evidence supporting the practice but because we know, from clinical experience, that cuts come with a risk of infection and band-aids can reduce the risk….

Gender dysphoria is far more complicated, and one cannot know, with the same level of confidence, how to treat it. But there is now extensive clinical experience showing excellent results from treatment with GnRH agonists and cross-sex hormones. If these treatments are prohibited, many patients will suffer needlessly….

Florida Gov. Ron DeSantis’s impotent attempts to return to phrenology — and the ugly ignorant prejudgices of the early 19th Century… end now.

Smoke that, you hateful, impotent, bitter old coots.

And The Settlement Notice Dates — In The Zetia® Antitrust Class Action Are Now Filed, In Norfolk, Virginia: For Well-Over $600 Million In Cash.

As we earlier indicated, there are still several larger plaintiffs who are not settling, and will go forward with individual trials, in their respective home districts, so that $600 million will likely creep north, eclipsing $1 billion in a year or so.

But as to the companies that are settling with Merck and Glenmark, here is the document lining out the schedule, for notice dates, etc.

Onward. . . grinning now. Busy day — in Rahway, NJ.

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[U] Let Me Be Clear — Rob Davis Has Made A Very Important Strategic Mistake This Morning. A Very Ill-Considered Move, Against HHS & CMS…

Updated — 06.10.2023 @ Noon: Here about five days later, the US Chamber of Commerce has said it will also bring an offensive suit, on the same general allegations. What is interesting about that is that PhRMA, the trade group for pharma companies… has remained silent about a suit. Of course, PhRMA has published white papers, and so on — but will not sue the feds on this. Mr. Davis should think deeply, about why that is so… and ask whether he really thinks this suit serves his shareholders’ interests, long term (or just his own egotistical ones). End update.

In general, I’d been impressed with the way Mr. Davis had matured since his ultra-right reactionary days, at Lilly, and then Baxter… before joining Merck. And I had been impressed with how much Ken Frazier was able to moderate his more… rash instincts, over the prior five or so years.

But this morning, in what will likely turn out to be a career defining mistake, Rob Davis (a tax lawyer by early specialty) decided — in a move no other pharma has EVER taken — to directly and preemptively, bring an offensive federal suit against the federal government (that cuts it billions of dollars in checks each year), to prevent required price negotiations — on a schedule of various drugs.

Sadly, this looks like the re-emergence of wild libertarian notions, in Mr. Davis’ head. He argues that it violates fourth and fifth amendment rights, to require price negotiations — with the federal government.

[Question: what does he think Boeing and General Dynamics do, when they negotiate for defense contracts — also with the much larger federal government as the buyer?] This errant notion — that companies should not have to negotiate on price, but automatically be awarded “cost plus contracts”, on various life-saving medicines… died over 20 years ago.

Mr. Davis also forgets that all of pharma wildly benefits from the 340B discount programs — and that those may immediately go away, if Mr. Davis improbably wins, and gets his way — gets rid of any requirement to bargain on prices.

. . .Americans pay more for prescription medicines than any other country. The Biden administration’s drug pricing reform aims to save $25 billion annually by 2031 through price negotiations for drugs paid for by Medicare, the government health plan for those age 65 and over. . . .

Merck called the talks with the Centers for Medicare and Medicaid Services (CMS) coercive and said it forces drugmakers to participate in “political Kabuki theater” by pretending negotiations are voluntary.

“This is not ‘negotiation.’ It is tantamount to extortion,” Merck said in the suit.

The drugmaker also argues that the law will force companies to sign agreements conceding that the prices are fair, which it claims is a violation of the First Amendment’s protections of free speech….

Some years ago, a former Schering-Plough executive was widely mocked for saying that Mr. Obama’s efforts to require such negotiations were “un-American”. He argued that taxes on pharma concerns (another way to go at getting to fair pricing on drugs sold inside the US) were also. . . un-American. Mr. Davis is today looking and sounding quite a bit like Brent Saunders. And that’s not a good thing.

He is going to get embarrassed here, in the DC District. And in the court of public opinion. His company reaps vast profits, on very good products — but he wants to behave like Coinbase CEO Brian Armstrong?! He’s about to find out what he cost his company. . . and his industry sector today. Damnation. Out.

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