Category: Uncategorized

In DC, Trump Minions Must Release Funds — And Explain Themselves, By Thursday Now: Rule To Show Cause — In Freeze Cases…

~ condor ~ Leave a comment

It is simply outrageous that the Manchurian Cantaloupe is refusing to spend money the Congress specifically ordered be spent.

The power of the purse resides in Congress, not 1600 Penn. The US Constitution is clear on this point, as is about 150 years of US Supreme Court precedents. Here’s the latest — and able DC USDC Judge has given Trump until Thursday to explain why he is violating both the will of Congress — and a previously-entered USDC injunction, here:

…The Court agrees that, for the roughly $6.5 billion not proposed for rescission and not subject to the partial stay, it would raise an issue of compliance with the injunction if Defendants were to refuse to spend those funds in accordance with the purposes set out by Congress….

For these reasons, Plaintiffs’ motion for an order to show cause, ECF No. 151, is granted in part….

By September 25, 2025, Defendants shall file a summary of foreign aid funds expiring September 30, 2025, in pre-2024 appropriations acts. The summary shall include the same information provided as to the 2024 act in ECF No. 145-1. As in that summary, and in light of the rescission proposal and the partial stay, Defendants may note where appropriate that all expiring unobligated funds for a particular appropriation are included in the rescission proposal….

Now you know. Onward, grinning.

नमस्ते

These Are All (Almost Certainly) The Less Severe Clade 2 Variety, But Still Of Concern: Mpox In Chicago…

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The City of Chicago (and County of Cook) has seen a sharp uptick in Clade 1 Mpox cases, this year: 81 in a few months, and rising — with 14 of those, in the last two weeks.

The public outreach — for most at risk, and affected communities — is well-underway. Here’s the latest, from Patrick Filbin:

…Local health officials are urging Chicagoans to get vaccinated against mpox amid a spike in cases.

There have been 81 new cases of mpox, formerly known as monkeypox, reported in Chicago over the past six months — and 90 percent of them have been diagnosed since June 10, according to the Chicago Department of Public Health. Fourteen new cases were reported Sept. 9-15 alone….

Now you know — and onward, resolutely — on a gray day here.

Smiling — just the same.

नमस्ते

[U: Friday Hearing, Dumped — At Last Minute!] USDC Judge Kness Will Hold An In-Person Status Hearing On Friday — On Evanston’s Motion To Dismiss.

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And I will be there.

In the Spring, he had indicated that he might allow limited discovery, as to the residence / status of the named plaintiffs — but no one made a motion for discovery, yet. Now he want status, on the dismissal. Maybe he’s ready to dismiss it, if the plaintiffs cannot prove they ever qualified to even apply for the reparations packages (by… living in… Evanston). [They don’t. I checked.]

…[UPDATED] MINUTE entry before the Honorable John F. Kness:

This docket entry was made by the Clerk on Thursday evening, September 25, 2025:

MINUTE entry before the Honorable John F. Kness: With regret for the late notice, the hearing set for tomorrow (9/26/2025) is stricken. Further guidance will be provided by separate order. Mailed notice (jfk).

By request and agreement of the parties, the in−person status hearing set for 9/29/2025 is stricken and reset for 9/26/2025 at 11:00 A.M. Mailed notice….

Onward, resolutely.

नमस्ते

Defense Lawyers Respond Forcefully To TN Prosecutor’s Feigned Ignorance Of Abrego’s Case Before April 27, 2025…

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This big old dumb show / Noemite circus is STILL rolling through the Nashville federal district courthouse — five months on.

The prosecutor earlier tried to say that because he personally did not start on the case until after Mr. Abrego-Garcia was here state-side, it could not have been “vindictive”. Poppycock. He’s admited that the DAG is closely supervising his every move, and several agents have openly said the Tennessee felony case was only brought once the courts in Maryland said Abrego’s kidnapping was not… cricket.

Perhaps most tellingly, this esteemed prosecutor (and Vandy Law Professor, at right) resigned, rather than let Noem’s politics infect the charging decisions / indictment process. Here’s a bit of an eight page banger just filed before USDC Judge Crenshaw, in Music City, on it all:

…The Executive Branch cannot whitewash a vindictive and selective prosecution by running it through a prosecutor who turns a blind eye to the motivations that launched it. And this is hardly the only time the President has sought to use DOJ to get revenge: The U.S. Attorney in the Eastern District of Virginia was forced from office for not vindictively charging New York Attorney General Letitia James.

In our case, the Chief of the Criminal Division resigned rather than bring this vindictive prosecution himself. That Mr. McGuire professes to believe that this case is a righteous one, while claiming ignorance of its origins, is no answer to our motion. It’s a dodge.

In the government’s telling, this case started on April 27, 2025, when HSI Nashville presented the case to Mr. McGuire. (Dkt. 121-1 ¶ 4). That ignores weeks of retributive government conduct punishing Mr. Abrego for challenging his unlawful deportation: officials’ statements that he is a “gangbanger,” “monster,” “predator,” “terrorist,” and “wife beater”; an Oval Office Abbott and Costello routine about how neither President Trump nor President Bukele nor Attorney General Bondi — Mr. McGuire’s ultimate boss — had the power to return him; and the ultimate decision, made by officials senior to Mr. McGuire before the case was presented to him, to gin up an investigation and prosecution. (Dkt. 105 at 8-12). On the facts, the government’s perspective is conveniently tunnel visioned. On the law, what Mr. McGuire may believe is irrelevant. Despite the government’s many distractions, Mr. Abrego has presented clear, unrebutted evidence of vindictiveness warranting dismissal or, at a minimum, discovery and a hearing….

And, big weather is forecast for Middle Tennessee essentially all week — stay safe and dry, one and all — until the next (mid-October) hearing. Smile, indeed….

नमस्ते

Fairly Alarming News — On The DRC / Ebola Front, Today…

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This is tough news — but expected news. Ever since Trump sidelined USAID, there have been gaping holes in the multi-national funding sources, for outbreaks like Ebola / DRC September 2025. Already dozens are dead, and that number will certainly rise in the coming weeks.

At least $25 million is needed immediately. Here’s the latest, from Reuters:

…Health facilities in the epicentre of an Ebola outbreak in the Democratic Republic of Congo are overwhelmed and essential supplies are running out, the International Federation of Red Cross and Red Crescent Societies said on Monday.

More resources are urgently needed to contain the outbreak, the IFRC said, as supplies of clean water and protective equipment near depletion….

The IFRC is appealing for 20 million Swiss francs ($25 million) to help contain the outbreak in Bulape, in the centre of Congo….

Now you know. Onward, resolutely.

नमस्ते

The Ongoing Differences: German Merck Opens New $177 Million Blarney Facilty — While US Merck Scraps $1.2 Billion London Hub Plans…

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The two companies have been completely separate since 1917 and the Treaty of Versailles. And yet, they continue to battle each other, around the globe — in courtrooms, over disputes about which of them may use the name Merck, in various geographies. [It is beyond silly. It is wasteful — and should have been resolved decades ago. But you’ve heard that opinion from me, many times before.]

They diverge in other ways as well — clearly, the US version has been (in the last two decades) the more financially successful of the two. And so it bears watching closely, now — what will become of the German company’s decision to locate an approximately $177 million filter facility — in Blarney, in the south of Ireland?

Most readers will recall that just two weeks ago, the US Merck said it would no longer build out a ~$1.2 billion hub — at King’s Cross Station, just north of downtown London. Yes, we will indeed watch as the two paths diverge, anew. Here’s the latest, on the German / Irish foot-printing:

…German science and technology company Merck has launched a new filter manufacturing facility in Blarney Business Park, Cork, Ireland. It will generate more than 200 new jobs by 2028. Spanning 3,000sqm, the facility will address the global demand for critical filtration products used in vaccines and therapies. Additionally, Merck aims to minimise cross-border reliance for its customers by localising these capabilities in Europe….

First announced in May 2022, the new Blarney facility is part of Merck’s $464m (€440m) investment plan in Ireland. Together with the nearby Carrigtwohill site, the company aims to expand membrane and filtration manufacturing capabilities in the country….

As a side note — despite all of Tangerine’s bluster — about Blue states being bad for business… California (the world’s fifth largest economy, were it a stand-alone!) recently announced that both Amgen and Gilead were building / expanding new facilities there (to the tune of about $1.5 billion in the aggregate). Well done, Mr. Newsom! Onward.

नमस्ते

Good Progress, In Latest WHO Situation Report, On Mpox Arrest — Inside Africa — But Burundi, DRC, Sierra Leone And Uganda Remain Of Concern…

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On Friday, the World Health Organization updated its official periodic report on the state of Mpox Clade 1b inside Africa.

The rates of spread are declining. But with internal country conflict acting as a damper on public health efforts there, DRC remains a geography of high concern. [It is also notable that Japan, Kuwait and Senegal have each now seen first Clade 1b cases — from travelers returning from African visits, into Japan and Kuwait. Obviously, the Senegalese case is an on-continent event.]

I’ve updated the graphic at right from last month — to reflect the overall improving picture. And here is the full pdf of the most recent WHO situation report (this is the 58th such report):

…Mpox continues to circulate, especially in Africa where over 90% of cases are reported, and flare-ups remain possible everywhere. Vulnerable groups, particularly children, pregnant women and people living with HIV, continue to face higher risks for severe disease and death. Surveillance, diagnostics, community engagement, and response capacity must therefore be maintained….

Since the last edition of this report, one country, Kuwait, has reported mpox for the first time; genomic sequencing analysis identified clade IIb MPXV. Japan and Senegal have reported cases of mpox due to clade Ib MPXV for the first time….

It cannot be repeated often enough: this is a conscious decision, by Trump / Vance / Rubio / Kennedy… to end the lives of thousands of vulnerable Africans — where even just a year ago, we provided the tools… to cure them (along with EU and WHO and UN resources — but with the scuttling of USAID, we’ve turned our back, on their suffering). Dammit.

नमस्ते

Parker’s Solar Mission Just Completed Its 25th Close Dip Into the Outer Solar Atmosphere, on September 20 — Will Start Sending Data Back, On Tuesday.

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It is hard to imagine that a human made object might move at nearly a half-million miles an hour, but that is what happens when one uses a gravity slingshot effect, off of Venus, as one zips past, and dips close to our host star. This is one fine looking shiny golden clad speed merchant — the only spacecraft named for a living scientist — the U. of C.’s Eugene Parker. He has passed now, but his legacy will live on and on.

The Parker space observatory was moving so fast, and being so predictably buffeted by the solar winds, inside the outer edges of the solar atmosphere, that it stopped communicating with Earth and (by design) was operating autonomously during the close approach. It has done so, in each of the 24 prior close passes as well. Here’s the latest, from NASA and Johns-Hopkins:

…Parker Solar Probe checked in with flight controllers at the Johns Hopkins Applied Physics Laboratory (APL) in Laurel, Maryland — where the spacecraft was also designed and built — on Sept. 18, transmitting a beacon tone indicating that its systems were operating normally….

The spacecraft… equaled its record-setting speed of 430,000 miles per hour (687,000 km per hour) — a mark that, like the distance, was set and subsequently matched during close approaches on Dec. 24, 2024; March 22, 2025; and June 19, 2025. Parker Solar Probe will remain in this orbit around the Sun and continue making observations. The next steps for the mission — in 2026 and beyond — are formally under NASA review.

During this solar encounter — which began Sept. 10 and ends Sept. 20 — Parker’s four scientific instrument packages are gathering unique observations from inside the Sun’s atmosphere, or corona. The flyby, as the fourth at this distance and speed, is allowing the spacecraft to conduct unrivaled measurements of the solar wind and solar activity while the Sun is in a more active phase of its 11-year cycle.

Parker will begin returning science data from the encounter on Sept. 23. Parker’s observations of the solar wind and solar events, such as flares and coronal mass ejections, are critical to advancing humankind’s understanding of the Sun and the phenomena that drive high-energy space weather events that pose risks to astronauts, satellites, air travel, and even power grids on Earth….

Now you know — and we just hit the 4 million mark. Grinning ear, to ear. Onward — ever onward.

नमस्ते

Mr. Abrego Garcia Overnight Makes Nashville USDC Judge Crenshaw Aware Of The Ongoing Abusive Processes — By Noemites.

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It is now crystal-clear that Noem / Miller / Trumpie are intentionally thwarting Abrego Garcia’s effective access to his of-right felony defense counsel, by housing him in a 180 miles away, rural Virginia private prison (allegedly only for civil defendants, and thus subject to rules greatly limiting counsel’s access!) — one run by the notorious CoreCivic operation (private equity controlled; and in most facilities — largely inhumanely so).

In a ten page status report, his lawyers detail intentional violations of the US Supreme Court’s holdings — on the right to effective assistance of counsel, in felony matters. In addition, Kristi Noem herself continues to make “libelous per se” statements over the broadcast networks, and on X — which are plainly false, and she knows it. This sort of extra-judicial “trying the case in the press” tactic is specifically prohibited by federal rules. Judge Crenshaw needs to act immediately here. Do read all ten pages:

…Because the government has not been able to address these issues adequately, defense counsel seek the Court’s assistance in ensuring that Mr. Abrego has access to counsel to allow him to review discovery and prepare for trial. Mr. Abrego respectfully requests that the Court order the government to: (i) permit defense counsel to bring laptops to in-person meetings at Farmville; (ii) allow the defense to schedule, at a minimum, four-hour long in-person visits with Mr. Abrego to maximize visitation time given the significant travel involved to reach Farmville, and two-hour long virtual visits with Mr. Abrego; and (iii) provide a private room, not half of a non-contact visitation booth, suitable for having privileged conversations, reviewing discovery, and preparing for trial.

Where, as here, “ICE jeopardizes a district court’s ability to try a defendant by placing the defendant in immigration detention or removing him, ‘the district court may craft an appropriate remedy.’” United States v. Calderon-Lopez, No. CR-19-03027, 2020 WL 2616034, at *3 (D. Ariz. May 22, 2020) (quoting United States v. Santos-Flores, 794 F.3d 1088, 1091 (9th Cir. 2015)). None of Mr. Abrego’s requested accommodations would impose a significant burden on [CoreCivic’s Farmville] operations as a civil detention facility. And without an improvement in Mr. Abrego’s ability to access counsel, the defense is concerned that it may not be feasible to complete review of discovery with Mr. Abrego and adequately prepare for the trial given the current trial date of January 27, 2026….

[As a separate, ongoing issue of Noem’s FALSE and recent public] inflammatory and prejudicial statements include a press release from DHS Secretary Kristi Noem complaining about how CBS edited her interview and thereby “deprived the American people from hearing the truth about MS-13 gang member [Ed. Note: that characterization has been specifically disavowed by trial counsel for Noem, in Nashville — it cannot be proven by any competent evidence!] Kilmar Abrego Garcia”; a post on the official DHS X account stating that Mr. Abrego is a “gang member, human trafficker, serial domestic abuser, and child predator” and that “America is a safer nation without him in it”; and another post on the DHS X account sharing a screenshot of correspondence from Mr. Abrego’s immigration proceedings with the caption “Homie is afraid of the entire western hemisphere.”

The government surely has the ability to ask that DHS remove these improper public statements. Indeed, recently in an opposition to a motion to restrain DHS from making extrajudicial statements signed by Deputy Attorney General Todd Blanche, the United States Attorney’s Office for the District of New Jersey stated that it had “communicated with DHS to request that DHS remove the postings to which [the] [d]efendant objects.” United States v. McIver, No. 25-cr-388 (D.N.J. Sept. 15, 2025), Dkt. 27 at 78. There is no reason the government cannot do the same here….

Almost to a person, the Tangerine Dotard’s people regularly exhibit the banality of… evil, incarnate. Damn all of them. Onward, just the same — back to Nashville, for a pro bono hearing, likely in October — so it would seem, after another two weeks in the mountains of Colorado, starting on the 29th. Damn.

नमस्ते

Power Alley Opinion: Merck Should See A Modest Bump — From FDA Approval Of Subcutaneous Keytruda — Branded As Qlex®…

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Friday, the FDA green-lit the subcutaneous, four times a year pembrolizumab delivery [now branded as Keytruda Qlex®] — for certain solid tumor cancers.

This will be a mega-blockbuster (add-on to) overall revenue for Merck. But it will only nudge the needle a bit, on the ~$65 billion a year Merck grosses. [Certainly — after 2028, as the infused version begins to see patent expiries around the globe, the subcutaneous version will cannibalize some of the overall sales, to preserve them.] Still, it is welcome (if mostly expected) good news:

…The FDA has approved Merck & Co.’s under-the-skin version of Keytruda, reducing treatment time burden for patients while granting the world’s bestselling drug potential blockbuster revenue protection.

Friday’s approval for Merck’s Keytruda Qlex covers the solid tumor indications approved for the original intravenous formulation of Keytruda, according to the FDA.

With $8 billion in sales for the second quarter, Keytruda accounted for more than half of Merck’s total revenue during the period. As infused Keytruda is slated to lose patent protection in 2028, the subcutaneous formulation will be critical to the New Jersey pharma’s top-line stability….

Fierce Pharma is — as ever — right about all of this, but it is also why I’ve long said the 2028 “cliff” is more a small speed bump, than a cliff of any sort. Onward.

नमस्ते