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[U] Special Master? Who Cares?! The Documents Are… OURS, Not His…

~ condor ~ 1 Comment

Well, here on a Saturday, a Trump appointed judge in Miami has (without even hearing from the government, I might add) just said it “hereby provides notice of its preliminary intent to appoint a special master in this case….”

Honestly, if this will shut Baby-T up… I don’t care. The documents are being reviewed, and they clearly contain evidence of Trump’s felonies under the Espionage Act.

All the master will do — if appointed — is say which of them may be used at trial.

None of them go back to Tangerine — they are ALL OF OUR documents. As in… “We the people…” so either way, he loses.

And the government will offer its position by Tuesday night in 22-cv-81294, and Trump must respond by the very next day.

All the while, in DC the AUSAs are poring over the evidence — in fact, they may already be done. [Updated Sunday morning 08.28.2022: I always feel better about my conclusions when they dovetail with the immensely well-informed EmptyWheel. And mine of yesterday… do so, in spades — though (as ever) she makes the “too late” argument far more cogently, and with far greater granularity, than I ever have. Sweet!]

This order — if it comes at all — will very likely be too late… when or if it actually issues. There is plenty of extrinsic evidence to convict Trump… already. If a few of the documents are ruled inadmissable at trial, it is of no moment.

Trump has not even delayed (let alone quashed) his indictment, even if he gets all he asks for. What a moron.

And we may start to see evidence of the already recovered and completed search results (as I speculatively said last night), when Thomas Barrack’s seven count felony trial opens in Brooklyn in mid-September 2022.

Flawless.

Sat. Morning, Over Coffee: This Is Likely Why Merck Is Collaborating With ORNA — A Future In Oncology With oRNA…

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About a week ago, we mentioned that Merck could spend multiple billions with much smaller ORNA Therapeutics [very cool animated graphic on splash page, there!], if milestones for the development of so-called “oRNA” candidates are passed.

The claim (and hope, at this point) is that ringed, or “o” RNA will be more stable in situ, and in transit through the human body — yielding a better final delivery proportion, on target. This, as compared to standard “mRNA” vaccines (and potentially oncology therapeutics).

So it is that our coffee-infused musings remind us that at least in part, assuming the “o” approach holds up, Merck will be able to avoid entirely the global patent spats (and resulting running royalty payments to either Moderna, or Pfizer)… keeping all that gravy, for their own (and ORNA’s) table.

Of course, the oncology arena for oRNA or mRNA approaches is still likely a decade away, as we said this week — but this is a very sharp, and horizon-focused, bet on the future by Merck.

And it may end up that both Moderna and Pfizer will ultimately owe royalties to Merck, for the “oRNA” technical know-how. Sweet!

Onward to outdoor family movie night — be excellent to one another…. it was 45 years ago, exactly, as of tonight — dancing to sounds of Kool & The Gang… and a warm Coors, later, on the steps of Regents’ Hall… a first kiss. I can even still smell the sweet summer night’s air in Boulder… here almost a half-century later. Smile.

नमस्ते

Yikes. Trump’s Count Goes To 0-3, In The Tee Ball Game, In 22-cv-81284 (USDC SD FL)

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The supplement the court ordered finally did get filed late here on a Friday night. I won’t go into any detail, as it is a mess of internal contradictions, and cites to no statute or rule to create jurisdiction, or a civil cause of action (which is what it inartfully, impotently… purports to do).

In sum, it is even more embarrassing than the original. Asked to explain what relief the court might offer, the filing cites a case in New York, in which THE GOVERNMENT’s right to a special master was recognized (without discussing jurisdiction, since that was already established in that suit).

Y I K E S.

Q.: Does Tangerine think he is (still) in “the government”?! He is an entirely ordinary jamoke now. In a felony criminal matter, where a judicial warrant issued in another court on full probable cause, the sole proper venue for the target to contest the idea of a getting a special master appointed… is before the court that issued the warrant.

Trump chose not to do that, claiming falsely that no US Magistrate has the power to appoint a special master. That is… poppy-cock. He cites no local or federal rule that even remotely suggests such a thing.

But he does admit that the US Magistrate’s proceeding is now essentially over, in 22-mj-8332 (also in the USDC SDFL) — since the affidavit has been released, as well as the memos of law, and the warrant itself.

So — his attempts at political grand-standing, and ultimately… forum shopping are nearly at an end, now. Look for a dismissal as a matter of law, once the real government is served and responds with a motion to strike.

H I L A R I O U S.

G’night.

“What Are The Odds?” That SOME Of The Mar-A-Lago Search Results… Get Admitted (Under Seal) As Proof Of Conspiracy, In Barrack’s Felony Trial?

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You may think that… a lil’ far-fetched. But if it transpires — remember you read it here, first.

In truth, about seven sealing requests have been made in the federal courts, in Brooklyn in the last two weeks, related to documents the government intends to use, to prove that Barrack violated the felony secret foreign agent prohibitions, while ostensibly ALSO working for Tangerine, his campaign, and flitting about the West Wing.

It is true that no matter how you slice it, the Barrack trial would have relied on classified documents. But I wonder whether (in part) the timing of the search and seize operation in 22-mj-8332 in the Southern District of Florida two weeks ago was to get time to cull out those top secret documents (previously missing), that establish Barrack’s culpability — and perhaps Baby T’s as well — in a scheme to trade US policy positions for a $275 million private real estate / hedge fund financing promise from the UAE affiliated / kingdom entities.

Yes, I wonder.

With this tangled ball of corrupted wax, I would rule nothing out, any longer.

Onward to that Brooklyn trial — and the hope of a sound conviction there. It might well mean natural life for this multi-billionaire at right.

नमस्ते

[U: Hinderaker Gets It Wrong] So… The Affidavit Establishes That Tangerine (After Biden Became President!) Was “Marking Up” Various Top Secret Documents @ MAL… With His Sharpies?!

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Updated — end of day Friday: Once again, we see from Hinderaker’s fecklessly unstudied writings… that he’s never read a single Espionage Act case. The gravamen of Tangerine’s offense under 18 USC § 793(e), in no manner requires that the documents be classified.

In fact, the affidavit alleges (and the search results likely proved) that he had national defense information without authority. 18 USC § 793(e) doesn’t grant any relief even if we were to assume he could declassify on the fly (he cannot). No, in 18 USC § 793(e) Congress makes it a 20 year felony to be “in possession” of these defense documents outside a secure location. In sum, Hinderaker’s specious claims of pixie dust declassification are irrelevant, in a 793 prosecution context. Mar-A-Lago was not secure. Game over. Oh — and Tangerine obstructed by tampering with these documents. So, John failed Crim. Law 101; yawn. No surprise there. End update.

Look — the 18 USC § 793(e) indictment is coming.

And that is the headline, to be certain. Here is the heavily redacted 38 page affidavit.

But this guy… this… idiot… was at Mar-a-Lago, long after January 2021, in the basement, in a non-secured room — writing notes, with his Sharpies, on TOP SECRET documents. Let that sink in. See Paragraph 47, at page 17.

Defacing… top secrets.

Altering original records (likely of his malfeasance, at least).

Effectively destroying what he knew was original… evidence, on a host of fronts.

He was just a jumoke, at this point. No right to even be around those top secret documents, let alone destroy them.

Obstructing at least the 01.06.2021 investigations (if nothing else).

He was effectively destroying and/or “altering” original top secret US defense information. As a private citizen, without any authorization. And all the evidence of this is in his very own… highly distinctive… crayon-level scribbles.

The man is as malevolent as he is… idiotic. A truly lethal combination. Out.

नमस्ते

So — This Is More Encouraging News… Of Wrongs, Being Righted. Children At The Border Edition, Updated.

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I actually downloaded this over a week ago, but just haven’t had the time to write it up. And even now, this will be a quick thumbnail version.

Back in the Days of Tangerine, one Trump lawyer after another argued — even before the Ninth Circuit, after losing at trial — that no law required giving CHILDREN seeking asylum… a bar of soap, a washcloth, a toothbrush — or bedding of any kind. [That is flatly wrong on the law, BTW. See the UN Protocol.]

C H I L D R E N.

Most of them alone (some under the age of six, simply left with other children, not related to them, by the US border guards / ICE!), without their parents / guardians, because Tangerine’s orders were to forcibly separate families one from another, at the border.

Well — with a new administration, the United States began to take its treaty obligations… seriously again. And all of the lawlessness and cruelty was ended.

So much so, that now all the children new, and already in process, as of August 2. 2022 — have (per a USDC Dolly Gee signed order) a specific minor children’s health care and safety monitor and liaison, without need for any more judicial intervention. That is very good news. Onward, smiling now.

नमस्ते

Moderna Sues Pfizer For Patent Infringement, In COVID-19 Vaccines Technology And Methods Case…

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In truth, I don’t intend to cover this rather run-of-the-mill biotech patent case in much detail. It is often true that two similar biotech based vaccines may rely on overlapping methods of manufacture. The question will be whose patent covers it, and whether one or the other is willing to pay a royalty of typically less than one per cent… to keep doing it the same way.

[Hint: Pfizer will pay Moderna. Y A W N.] No, the real news here is that once the principle is established, Pfizer will have to keep paying, should it develop vaccines or other therapies for cancers, using the same approach. [But that day is likely more than a decade off, into the future — if it arrives at all.] Thus this news will not affect either stock materially, even as the morning’s Jackson Hole commentary from the chair… causes a downdraft in prices, sector — and market — wide.

So — here is the news:

…Moderna believes that Pfizer and BioNTech’s COVID-19 vaccine Comirnaty® infringes patents Moderna filed between 2010 and 2016 covering Moderna’s foundational mRNA technology. This groundbreaking technology was critical to the development of Moderna’s own mRNA COVID-19 vaccine, Spikevax®. Pfizer and BioNTech copied this technology, without Moderna’s permission, to make Comirnaty®.

“We are filing these lawsuits to protect the innovative mRNA technology platform that we pioneered, invested billions of dollars in creating, and patented during the decade preceding the COVID-19 pandemic,” said Moderna Chief Executive Officer Stéphane Bancel.”This foundational platform, which we began building in 2010, along with our patented work on coronaviruses in 2015 and 2016, enabled us to produce a safe and highly effective COVID-19 vaccine in record time after the pandemic struck. As we work to combat health challenges moving forward, Moderna is using our mRNA technology platform to develop medicines that could treat and prevent infectious diseases like influenza and HIV, as well as autoimmune and cardiovascular diseases and rare forms of cancer….”

So… now you know. And onward to a sunny, live music filled weekend. Grinning…. 45 years on, now. A dance / date. Smiling….

नमस्ते

Hey Scott: In Bartnicki, No Journalist Met The Wiretappers Face To Face; No Journalist Paid $40,000 — Over Two Deliveries

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Recognizing that (once again!) he has backed, and shilled for, a soon-to-be convicted felon, Scott Johnson this morning doubles down on an old and discredited “government conspiracy” theory — to impotently try to save Project Veritas. He goes so far as to solicit the opinion of a reader who claims to be a criminal defense lawyer — to say that journalists “do this all the time.”

How utterly convenient! — neither of them ever describe what the “this” they are talking about… is.

“This” is not: meeting with someone SELLING known stolen goods; this is NOT offering to pay half, and then the rest if the thief goes to get “more” stolen property, bringing two distinct tranches up, from Florida to New York on two occasions (the second likely to firmly verify from whom it was stolen). This is NOT hearing that the Trump Campaign said it was unlawful (let that sink in!), and thus unusable. And, it is not only turning over to law enforcement after you learn a search warrant is afoot, for your home and business place.

The seminal case O’Keefe will cite in his defense will be Bartnicki v. Vopper (technically a wiretap/taping case — so no face to face meetings). No payments. No multiple requests to go get more stolen goods, for pay. Oh. And… Bartnicki did NOT act as a broker, in trying to sell those wiretap tapes to a political campaign for big cash. He just published… a story.

Something O’Keefe, curiously never did — if his mission was… pure journalism. Heh.

If indicted, Veritas and O’Keefe will lose. And O’Keefe is likely to go to jail for more than a year.

Great work, there Scottie!

Grinning — out.

Hinderaker… Has Lost The Plot. Again. And Effectively Stole $203,000 From Us Taxpayers…

~ condor ~ 3 Comments

He talks again tonight of Two Americas.

But this time he seeks to create a wedge issue out of student loan relief.

Me?

I’m gonna’ see how much his charity — Center for The American Experiment — took in PPP forgiven loans.

Be right back.

DAMNATION.

He took over a fifth of a million dollars, from all us taxpayers — and has never repaid a red cent. Just in the last two years, alone.

He really is a Tangerine Welfare Queen / King, too.

So it is that he should be pilloried for whining about student loans of $10,000 per person on average being relieved.

What an insufferable feckless A-hole — just like Candace. Only with his piggy snout deeper in the trough.

Out — losers, the lot of them.

Candace Owens: Shameless Serial Con Artist. Got A $60,000 PPP Loan FORGIVEN.

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Well — not at all…surprising — as there is no “Christ-” in her X-ian social gospel. We have long known THAT.

But even without a “brother’s keeper” belief, there is no need for her to affirmatively belittle others’ educations, especially since she hasn’t much of one, at all (obvs.) either.

But most of all — I’d like to explicitly point out the jaw-slackingly unconscious level of open fecklessness… it takes to Tweet this out, today (knowning full well she’s been a “Tangerine Welfare Queen“):

“…Can’t wait to pay off all the ethnic studies degrees. | 12:47 PM · Aug 25, 2022·Twitter Web App…”

Yeh. Umm… [*…head-slap.*] As we demonstrate at right, Candace has already had over six times as large a government loan utterly FORGIVEN, just in the last two years. Nearly $10,000 of that for new baby care. Sheesh — she spent ~$50,000 on payroll (she claims)… but all of it was a Trumpian gift / grift.

She benefitted by $60,000 — in emergency COVID loan funds, to keep Blexit afloat… all while denouncing public health measures… and now… mocking people who’ve bettered themselves, at one-sixth the cost.

What a shameless A-hole.

Out.