[U: F-22 Raptor-ed, Off Coast.] The Silliness Of This Whole Story… Is Eclipsed Only By Johnson’s Alarmist Take On It.

February 4, 2023February 5, 2023 ~ condor ~ Leave a comment

Updated: 02.04-05.2023 — Despite Steve’s would-be pearl clutching telling of it all, now for the fourth time… this is solely embarrassing for Xi, and China. It’s still just a dumb balloon. See SNL’s spot on mockery of Powerline’s nonsense.

End update.

It’s. A. Balloon.

Damn, son.

We could of course, shoot it down in under 45 seconds — by scrambling some F-22 fighters, or a drone. [And that may still happen, once it’s out over the Atlantic Ocean.] It is certainly defenseless… and may in fact be an intrepid weather balloon. [No, Faux News, this is not a Sputnik moment, at all.]

We didn’t. Because even if it is China “spying” — snapping high res images — or bouncing Lidar down to get sub-surface readings… who really cares? They may have seen some rancher… driving his herd (100 or so cattle), toward a lower winter pasture, on the high Montana mesa… big whoop. Geez.

Our military might no longer is driven by keeping things hidden, at least not like this. Our air and sea superiority is on full display, before the wide-world. That is a powerful deterrent, as a force known to exist… but not brandished.

And, in any event, some Chinese spy satellite is already getting these images (in higher res, too), to a certainty.

So — Mr. Biden (correctly, I think) is treating it with bemusement, mostly — and using it to poke fun at Chinese ineptitude in spycraft.

But the Powerline boys think it some sort of an alarming latter day Sputnik moment. [I think Powerline… is just out of ideas.]

Though — funny thing! — they never really say how… this is any form of credible threat.

And — bonus! — now if we decide to collect data, via balloon — about China’s coal dust pollution levels, in Beijing, for example… President Xi cannot really be heard to complain.

Onward, grinning.

Tangerine Will Pay $450,000 In Plaintiffs’ Class Action Legal Fees, For Trying To Make White House People Sign Non-Disclosure Agreements… In USDC Settlement, In Manhattan

February 4, 2023 ~ condor ~ Leave a comment

Small update here: as we expected (our backgrounder, here), the unambiguous black letter law requires that “We, the people” must know the things (unlawful things) Tangerine did, in our name — with our precious taxpayer funds.

That’s a bedrock principle of US court proceedings, and US law. So we now know he’s had to pay the other side’s lawyers, almost half a million dollars — for using a form contract of adhesion (one he likely used for decades at his stupid “Organization”) while at 1600 Penn., to prevent disclosure of his unsavory ways — even matters that federal law requires tax-paid underlings to report, if they see them — under our shared post-Watergate / post-Nixon reforms:

…the Campaign will pay class counsel an aggregate total of $450,000, which includes any and all attorneys’ fees and costs (including notice-related costs) and an incentive fee of $25,000 to Ms. Denson [the lead plaintiff]….

Now you know. Grinning… couldn’t happen… to a nicer guy.

नमस्ते

Scott Johnson… Serial Fabulist: US Rep. Omar v. Fake-A-Jew Santos Edition.

February 3, 2023February 3, 2023 ~ condor ~ Leave a comment

This morning… once again… Scott forgets himself.

He complains about what he feels were shaded half truths, almost a decade ago, now — by someone who has served in the Minnesota state house for multiple terms, and then in the US House ever since, and been re-elected there twice, by the people of Minnesota. Clearly she is the one they want in the seat.

But not Johnson, and Hinderaker. Both take every opportunity to bash her, on long ago lies… while ignoring Boebert, MTG and now Santos, on their side of the aisle.

It happens that she’s a Democrat. It happens that… she’s also… a woman. It happens that she’s Muslim, by faith. And, it happens that she’s… foreign born (Somalia), and originally a child refugee, now a full US citizen. All of which also means… she is a woman of color. [And I strongly suspect it is these last two factors that bother the Powerline boys the most.]

I just wanted to note, for the record — that neither man has called for the resignation of that Brazilian check-kiter lately out of Long Island (he… says!) whose resume is completely fabricated — and who apparently changed his name before he ran for the House — and solicited donors by using a false (Jewish sounding) surname… and seems to have made his money in acknowledged Ponzi schemes closely tied to families of Russian oligarchs, now banned from US commerce.

Oh — and he claimed his mom died in the World Trade Center on 09.11.01. She reports (a la Twain) that these reports seem… exaggerated. Heh.

WTAH, boys? Your long white sheets are… a-showin‘. Just go ahead — pull on those hoods.

We know who you are. No need to hide. We are ALL happy to mock you three. You so richly deserve the ridicule of being 1910 era Know-Nuthin’ partyers.

Dragonfly, A Long Term R&D Partner Of Merck (And Celgene) Grabs A World-Class President Of R&D: In Dr. Joseph E. Eid…

February 3, 2023February 3, 2023 ~ condor ~ Leave a comment

Overnight we learned that Dr. Eid had left Merck some time ago. Also overnight, we read that he has been named to head all research and development at the Waltham, Mass. based Dragonfly Therapeutics.

This is very welcome news, for Dragonfly — and an important validation point. It also likely helps to cement the contractual collaborations between much larger Merck, Celgene. . . and Dragonfly. [One of several of my prior backgrounders on Dragonfly, from October of 2018, here.]

So great news, all the way ’round — in the burgeoning immuno oncology space. Here’s the presser, and a bit:

…Dragonfly Therapeutics, Inc., a clinical stage biotechnology company developing novel immunotherapies, today announced that Joseph E. Eid, M.D., has joined the Company as President of Research and Development. Dr. Eid brings 20 years of deep immunotherapy clinical development experience including as team leader at Merck in the Pembrolizumab (anti-PD-1 antibody) first in human trial leading to registration of Keytruda^®. He will be responsible for all aspects of clinical development and research at Dragonfly….

“We are delighted to welcome Joe to Dragonfly,” said Bill Haney, Co-founder and CEO of Dragonfly. “Joe’s world-class immunotherapy drug development experience will be critical as we rapidly advance our three wholly-owned immunotherapy candidates in the clinic, including our Phase 2 HER2-targeting and Phase 1 EGFR-targeting TriNKETs^TM, and our novel interleukin-12 (IL-12) cytokine investigational immunotherapy, currently in Phase 1 dose escalation. Joe’s track record in building clinical teams and creatively and effectively accelerating first in class clinical trials is impressive – and he is joining Dragonfly at a transformative time for us….”

And separately, even though Merck’s Covid therapeutic pill Lagevrio^® is now predicted to sell less robustly in 2023 and beyond, Merck remains a very solid bet to rise well above $125 a share in the next 12 months, given the ongoing patent protection the juggernaut immuno oncology franchise Keytruda will enjoy — well into the ’30s. That is a formidable earnings engine.

So let the dust settle on yesterday’s sturm and drang — all the near term breathlessness, and… buy in — at around $103. It will almost certainly have done better than Bitcoin — or 8X8 — and by a long stretch, when we arrive at the open of Q2 2024 (with far less risk). [As ever, do your own diligence here.] Smile….

नमस्ते

Kyle Rittenhouse Will Have To Defend A Civil Wrongful Death, And 42 USC § 1983 Action In Federal Court In Milwaukee.

February 2, 2023February 2, 2023 ~ condor ~ Leave a comment

I post this full opinion from the able USDC Judge Lynn Adelman, in Milwaukee not because it is in any manner surprising, but rather because the Powerline boys, and Hinderaker in particular, said this day would never arrive. He said so, in writing repeatedly, as a “trial lawyer” — with 41 jury trials under his belt. Hilarious.

He said that Kyle would escape on a motion to dismiss, in any civil action. That turns out NOT to be the law, boys. And in such federal § 1983 civil suits, a plaintiff surviving the motion to dismiss… is a very big win, indeed.

It means Kyle must testify at a deposition — under oath — about whether officers gave him special treatment [water bottles, safe passage (despite not lawfully being in possession of that AR-15, and violating curfew) and called him a “friendly” — as well as allegedly having herded the protesters into his “kill box”, specifically constructed to give the armed vigilantes what they wanted — a confrontation in which they could fire on what they claimed were “antifa” activists]. In sum, he will have to perjure himself to have any hope of being held not liable.

Kyle is, of course, now a young man of very limited means — but between the additional municipal defendants and the Sheriff, as well as the coming joint and several liability orders… anything Kyle ever earns… will now likely go into the dead man’s estate / and thus, the family’s ultimate control.

And no, that will not bring Mr. Huber him back — but it is some justice, in a town where the local county judge ran a circus / a criminal farce, openly trying himself, to engineer an acquittal for Kyle.

This — the federal suit, will be the lasting historical mark, though — Kyle will ultimately be hounded by judgment creditors… forever. To the tune of millions of dollars.

Cheers, boys (this includes the wrong-headed and now cantankerous old… Eric Zorn):

…On the federal claims, Rittenhouse’s principal argument is that, as a private citizen, he was not acting under color of law for purposes of liability under 42 U.S.C. § 1983.

However, as discussed above, the complaint alleges that the police and armed individuals had entered into a conspiracy to funnel protestors into a confined area, at which point the armed individuals would “deal with” the protestors by using force. As explained above, this conspiracy, if it existed, would have deprived the funneled protestors, including Huber, of their rights under the Equal Protection Clause and the First Amendment. If Rittenhouse were a part of this conspiracy, he would face liability under § 1983. Spiegel v. McClintic, 916 F.3d 611, 616 (7th Cir. 2019) (private citizen can act under color of law if there is “evidence of a concerted effort between a state actor and that individual”).

Here Rittenhouse claims that the complaint does not adequately plead that he was part of any such conspiracy. But, as discussed above, the conspiracy involving law enforcement and the armed individuals is adequately pleaded. Moreover, because the complaint alleges that Rittenhouse was one of the armed individuals (Am. Compl. ¶¶ 3–5), and that the violence he perpetrated was part of the plan to harm protestors (id. ¶¶ 94–95, 97), the complaint adequately pleads that Rittenhouse was part of this conspiracy.

Rittenhouse argues that he shot Huber because Huber attempted to disarm him, not because of any plan to deprive protestors of their constitutional rights. However, the complaint pleads that the violence perpetrated by Rittenhouse was part of the conspiracy….

Smoke… that.

Spying Water Ice Crystals, And Confirming Them — In A Itty-Bitty Ring System, More than Two Billion Miles Out In The Inky Night Skies.

February 2, 2023February 2, 2023 ~ condor ~ Leave a comment

Despite the troublesome original naming of it, this is an extraordinary new science instrument. [We will generally refer to it as the “next gen” space telescope, as ever.]

It must be said though: its observations are already revolutionizing what we may see, and with astonishing… precision. See at right. This little world floats in a hazy “snow storm” / or an endless sea-wash, of sleet — made up of tiny water ice crystals. That is now a… proven fact.

Do go read it all — but with water ice crystals like this turning up almost everywhere we look (by highly sensitive spectral analysis)… we must come to accept the notion that it is a near certainty… we are not the only life forms in the known Universe.

…Most of the reflected light in the spectrum is from Chariklo itself: Models suggest the observed ring area as seen from Webb during these observations is likely one-fifth the area of the body itself. [The next gen ‘scope’s] high sensitivity, in combination with detailed models, may permit us to tease out the signature of the ring material distinct from that of Chariklo. Pinilla-Alonso commented that “by observing Chariklo with [the ‘scope] over several years as the viewing angle of the rings changes, we may be able to isolate the contribution from the rings themselves….”

[These] Chariklo [observations…] open the door to a new means of characterizing small objects in the distant solar system in the coming years. With [the ‘scope’s] high sensitivity and infrared capability, scientists can use the unique science return offered by occultations, and enhance these measurements with near-contemporaneous spectra. Such tools will be tremendous assets to the scientists studying distant small bodies in our solar system….

In an observational feat of high precision, scientists used a new technique with NASA’s [Next Gen] Space Telescope to capture the shadows of starlight cast by the thin rings of Chariklo. Chariklo is an icy, small body, but the largest of the known Centaur population, located more than two billion miles away beyond the orbit of Saturn. Chariklo is only 160 miles (250 kilometers) or ~51 times smaller than Earth in diameter, and its rings orbit at a distance of about 250 miles (400 kilometers) from the center of the body….

And so… that’s like being able to clearly resolve a single pea, floating along on Lake Michigan, from the international space station, and detecting that a translucent spider has affixed a web of silk to it, only a few centimeters outside the pea skin — and noticing that this spider… is hitching a ride over to Mackinac Island. Wild.

What a time to be alive, and so exciting that water ice crystals… are found essentially everywhere we look — and so, life too must be somewhere, out there. Whoosh.

नमस्ते

15 MORE Paragraphs Prove: Hinderaker Knows… Less Than Nothing (Again).

February 1, 2023February 1, 2023 ~ condor ~ Leave a comment

There was a time (about 20 years ago)… when John knew what the legal term “felony murder” meant.

It means that if one participates actively in a felony, and someone else in the group happens to kill someone in the course of the felony (or even in fleeing from it)… the relative bystander may also be culpable for the death.

Doubly so, when an officer has sworn an oath to protect life, from lawlessness.

The Memphis officers who stood by are clear as day chargeable under felony murder statutes.

They had a duty to step in and save Tyre Nichols’ life. But John sees “no significance” in this murder by police mob.

In fact, he returns to arguing (as he tried in George Floyd’s murder)… to blame the cuffed and subdued beating victim. AGAIN.

The loss of empathy, accompanying his very public decline into senility… is reprehensible.

Probably time to medicate old John, more aggressively. How about… double doses of Ketamine with his highball, every evening at 5 pm?

Yep. That’s a good start — since he writes the night shift at Powerline.

Polls, Hinderaker?! Hilarious… Truly.

February 1, 2023February 1, 2023 ~ condor ~ Leave a comment

It is difficult to understand… how (in Hinderaker’s mind) the poll he obviously copied… doesn’t find… what it (obviously) finds — about US voters.

The poll, read properly, finds “poor leadership” the top concern.

But given that his audience is almost uniformly “frothy hard right” wackos… he needs to recast this as an anti-government sentiment.

Poor leadership — as a top concern — is in no manner just a generalized hatred of government.

And the anti-government sentiment (to the extent it exists) is about 30% stronger here in January 2023 among GOP/lean GOP voters. That’s the actual poll, folks — not the misleading single bar chart/graph John posted.

Yep. That’s the real story, from these polls: the GOP is now definitively the anti-government party.

But without that disingenuous rewrite, John would have nothing to write about tonight.

Y A W N.

Intel — With A New Twist — Aimed At Avoiding More Layoffs…?

January 31, 2023 ~ condor ~ Leave a comment

I cannot say that I’ve ever seen this — at a mega cap ’34 Act reporting company — and certainly not in the tech sector.

Once a high flier, Intel tonight (as its chip-making business continues to struggle, mightily) is reportedly cutting the higher executive officers’ salaries by ten per cent, and the CEO is taking a 25% pay cut (but bonuses will still be paid — on the lowered figures), while lower-earning employees will see no pay cuts (or layoffs, near term, it is hoped).

The unstated goal is to try to put aside cash for a turn-around, while not just randomly tossing bodies overboard. Yep — that IS a new(-ish) idea:

…Hourly employees aren’t getting a pay cut and annual bonuses will remain. But Intel is cutting other incentives for all employees effective immediately.

It has suspended merit raises for all employees, suspended quarterly profit-sharing bonuses and employee recognition programs, and cut 401(k) retirement plan matching payments to 2.5%….

[In Q4 2022] Intel’s outlook… continued to darken. The company reported Thursday that sales were down 32% last quarter, and it expects a 40% drop in revenue this quarter compared to the same period a year ago….

I’ll keep an optimistic thought, that this will be enough to right the ship. But along with other austerity measures introduced in mid-2022, the goal is to save around $3 billion a year. That alone — on some ~130,000 employees, overall — means the top 10% of earners at Intel… were likely pretty wildly over-compensated in 2021 and prior. [Damn — the CEO above negotiated an over $260 million re-entry package, when he returned to Intel in 2021, after almost 15 years at other places. He was the primary architect of the old intel 486 line of chips, in the late 1980s, in his first stint at the company. Now you know.]

नमस्ते