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Hayward Would Tell Us Today’s UNDER OATH Testimony Shouldn’t Be Believed. He’s An Idiot.

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All afternoon, Tangerine seethed in near real time, on his social media platform, calling her a phony. Steve (albeit flaccidly) tries the same, tonight.

But here is the reality:

…As Fox News’ Bret Baier noted, Hutchinson made her claims under oath while Trump was just ranting online. It is a crime to lie to Congress, as former Trump attorney Michael Cohen found out.

Trump has a well-documented, decades-long proclivity for stretching the truth or just outright lying. One of his most debunked claims as president was that he passed legislation to improve veterans’ health care when it was easily verifiable that President Barack Obama signed the bill into law. Trump made this claim more than 156 times, as The Washington Post meticulously documented….

So, Steve. Take a seat. Back a serial idiotic liar if you like… those of us with working forebrains… laugh at your myopia. But more indictments are coming. Moron.

Out.

[U: Video!] All The Tangerine-Era [Anti-]Asylum Rules At Issue In East Bay Sanctuary Are Enjoined; Biden Admin. Working To Repeal And Modify; Judge Tigar Seeks 90-Day Status Updates.

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We probably have authored over 150 posts on asylum generally, and at least 50 on the East Bay Sanctuary litigation (three pending cases) — alone, in the USDC in Oakland. [You may use the search box with the term “East Bay” as a search delimiter if you want the whole back-story.]

And over the last two years, almost all of that West Coast litigation is either settled, or being settled.

But we update on East Bay because Mr. Biden’s people are completely scrapping or substantially re-writing all the lawless and cruel Tangerine executive order nonsense, on this topic. So, all the government will now do is. . . update the able Judge Jon S. Tigar, once every 90 days. . . on the re-write progress. This will of course spring back to life, should the Democratic Party not control 1600 Pennsylvania Ave., after 2024. But I expect the Democrats will (especially after the Alito/Thomas unhinged opinions on a growingly-wide array of topics). Thus, this is just about all D.O.A.:

…For the reasons stated in the parties’ joint case management statement, the Court grants the parties request to vacate the upcoming case management conferences and continue the stays entered in Case Nos. 18-cv-6810 and 19-cv-04073. The parties are ordered to file a status report every 90 days updating the Court on the status of the rulemaking relevant to this case….

IT IS SO ORDERED.

Dated: June 24, 2022….

Now you know — onward, grinning ear to ear; Shostakovich’s “Festive Overture” and Tchaikovsky’s Fourth Symphony are on tap in the park, under the stars, tonight… Riccardo Muti’s last season conducting, here — sushi and ripe cherries and frosty root beer, too:

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नमस्ते

Justice Sotomayor’s Dissent Has It Down Right: We Need Not (And Should Not) Tolerate Overt Person of Authority “Evangelism” At PUBLIC High School Events…

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The “regression” agenda is in high dungeon, at SCOTUS’s “rule of five” [Ma’ Gawd wing] again this morning. Just now, the Court held that a public high school [X-ian] prayer, on a public school football field at the end of the game, led by a public school (paid) coach… cannot be enjoined; and cannot be the basis for firing the coach. That is… frankly… insane.

I wonder how… “included” the Jewish, Atheist and Muslim team members felt… especially if they declined to join in the praise of god they do not recognize (and in some cases, are forbidden by their religious law — praising a “false” god). [Were they justifiably worried… about being benched?]
These MAGA Justices are going to see… a Court of 13, yet.

I should add that technically, the coach was praying alone on the field in the subsequent offense that got him fired. But for the whole prior season, he and the team had prayed on the field, at the 50 yard line — pictures in the dissenting opinion.

Having the team join him is “evangelizing” for a particular religion — on public school property, by a public employee, on work time, and an employee with clear “aura of authority” over vulnerable young students. [What any of us genuinely hold as spiritual- or other views, here are… supposed to be left out of public school teaching, except as a “history of philosophical thought” course.]

To use a phrase the MAGAts and Q-GOP throw around aimlessly, and irresponsibly (as to LGBTQ+ events/expressions)… he was “grooming” those kids to be intolerant Xians, all along. Again — probably exactly what Alito and Thomas are hoping for.

The Church of England in 1670 had nothing… on them.

The case is called Kennedy v. Bremerton School Dist.:

…Properly understood, this case is not about the limits on an individual’s ability to engage in private prayer at work. This case is about whether a school district is required to allow one of its employees to incorporate a public, communicative display of the employee’s personal religious beliefs into a school event, where that display is recognizable as part of a longstanding practice of the employee ministering religion to students as the public watched.

A school district is not required to permit such conduct; in fact, the Establishment Clause prohibits it from doing so….

Damnation. The only thing I would add… is that this evangelist held a position of authority over these ball-players. Ugly.

But great contribution, as always, inspired by/from Anon.!

नमस्ते

Precious! Hinderaker… Thinks Dobbs Is “No Big Deal”

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He uses this nonsense premise to launch a would be excoriation of “the left” — for censorship, of all things.

He is very eager for the reignited vigor of passionate new and old voters caused by the plainly wrong on the law Dobbs decision… to die down. Why? Because he knows that 70 per cent of all voters favor the right to choose, as a nationwide right.

Moreover, a substantial majority of reliably GOP women voters also favor a nationwide right to choose.

So much for any mid-term gains for the GOP… and he knows it.

In sum, he’s trying to say that the 5-4 decision didn’t reclassify women as the service animals… for whyte men.

But it did. We all know it did.

And now suburban GOP women (far and away, also mostly… whyte) are UN-likely to show out, in a “summer of rage” — but rather, quietly vote in a November of… nullification, for any GOP candidate who is not firmly in favor of restoring the rules of Casey, and Roe, at the US Congressional level, to be signed by Mr. Biden early in 2023.

After all, John tells us it’s not a big deal.

But when the Senate hits 60 Democrats… the bad law of Dobbs, and an undo of most of Heller will be legislated — despite Scalia’s long dead pontifications, as echoed by Thomas and Alito.

So sure John, the only thing Dobbs did… was unseat the remaining MAGA moron right, at the federal level — via the midterms.

Thirty per cent of America (anti abortionists) won’t be able to hold off the other 70 for very long, now.

You idiots poked a bear here.

Cheers.

Hinderaker Cannot Understand That Pushing A “Wrong On The Law” (Likely Cop-Killing!) Result Might Have Consequences…

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So… tonight we read Hinderaker’s silly bleatings, about Paul Clement leaving Kirkland & Ellis.

Clement “won” for the NRA-aligned entities — against NYC last week, at the Supremes (but that’s been eclipsed by Dobbs). It is clear that Scalia simply “made up” what became the law, in Heller. That ill-framed decision directly allowed Clement to “win” — making it easier to concealed carry in NYC.

Hinderaker is mum about the fact that the police union in NYC is hopping mad about Clement’s advocacy, and the Thomas decision.

It WILL get more cops killed in shoot-outs, in NYC. That’s a fact.

But John says it is all pernicious discrimination — by those mean lefties:

…[T]his isn’t the first time that Clement had to leave a major law firm because his practice didn’t align with leftist pieties:

In 2011 King & Spalding dropped the U.S. House of Representatives after the House had retained Mr. Clement to defend the constitutionality of the Defense of Marriage Act.

Contemplate that for a moment: the United States House of Representatives was too hot a client for King & Spalding to represent, because a statute that passed and was signed into law was unpopular on the Left….

I want to highlight Hinderaker’s dishonesty, again for the record: his client in the DOMA case was the Tea Party wing of the GOP. NOT the whole US House. And that law? Was invalidated by the Supremes, in an opinion written by Trump appointed Justice Gorsuch, two summers ago — declaring a law preventing women from marrying women, or men marrying men… as an unconstitutional denial of equal protection of the law.

Damn, son. Stop the lying.

And yes, picking a cop-killer kinda’ client company… can cost one a $3 million a year partner’s draw.

Let me break out a tiny violin for Clement. His net worth is likely over $20 million.

Y A W N.

But John sees him as a defenseless… victim.

Poppy-cock.

UPDATE On Thomas Barrack: It’s On To Felony Trial Dates, In September Now In Brooklyn… Motions To Dismiss Denied.

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As we watch the 01.06.21 evidence come in, day by day… we do not want to lose sight of the fact that the man at right sold out our nation’s interests (probably with Tangerine’s tacit approval), and pocketed over $276 million in new funding for his private empire, in the process. He needs to face at least a decade in federal prison… which at his advanced age would amount to a life sentence.

His billions cannot save him now — as it will all come down to the able USDC Judge Brian M. Cogan in Brooklyn hearing the evidence in real time (as the jury doesn’t decide the sentence length in any direct manner), as to whether he gets two, five or ten years. This past week, Mr. Barrack lost (in a 55 page opinion) all his motions to get rid of the indictment. So it is on to trial, against mountains of evidence:

…[Mr. Barrack is charged with] acting as an agent of a foreign government without prior notification to the Attorney General in violation of 18 U.S.C. § 951(a), and conspiracy to commit the same in violation of 18 U.S.C. § 371. Barrack was also charged with four counts of making false statements in violation of 18 U.S.C. § 1001(a)(2) and one count of obstruction of justice in violation of 18 U.S.C. § 1512(c)(2). Trial is set to begin on September 7, 2022….

Barrack takes Rafiekian’s analysis and does exactly what that Court cautioned him not to do, which is “force term-of-art definitions into contexts where they plainly do not fit.” Id. at 539 (quoting Johnson v. United States, 559 U.S. 133, 139 (2010)). Nowhere in the Court’s decision did it find that a “duty” was necessary to state an offense under Section 951.

The Court chose explicitly not to wade into the murky waters of defining what exactly the degree of a foreign principal’s direction or control need be, other than that such direction need not rise to the level of a formalized employer-employee relationship. Instead, what Rafiekian emphasized was the necessity of mutuality and agreement….

And it is not disputed that he did it all in secret, despite specific federal criminal statutes which required him to inform the US AG in writing of his actions, in advance. Of course, even in Tangerine’s White House, selling our nation’s policy-positions, to the highest foreign government bidder (for payments to Barrack’s personal real estate empire) was… a felony. Several of them, it turns out. [Not just a process crime in Hinderaker’s idiotic excuse-factory.]

Onward, to marches in the streets here — tomorrow afternoon… after the rain passes this afternoon.

नमस्ते

Maryland Apple Labor Strategy Highlights Contrast To Amazon…

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The difference could not be any more stark: Apple accepts that the workers voted 2-to-1 “Yes” — on a union. So instead of federal trials and appeals, Apple is sitting down with the employees to reach a fair collective bargaining agreement — and meetings are likely to begin, within weeks.

In any event, Tim Cook is in many ways, the opposite of Amazon’s Bezos, and the financial bottom line at Apple will benefit from this. While it is true that Apple enjoys quite nearly the ability to charge whatever it wants for its tech, and thus may effortlessly pay people (much) more than it already does… Bezos could do much the same — but he’d see a dip in his net worth, since he has around 1,600,000 employees; while Apple has less than a fifteenth of that figure.

Here’s the latest — from Apple Insider:

…Apple reportedly does not intend to challenge a vote to unionize by employees at one of its retail stores in Maryland, and plans to bargain with workers at the store “in good faith.”

Earlier in June, a majority of employees at the Towson Town Center Apple Store voted to form a union — becoming the first in the U.S. to hold a vote….

These are important, and likely expensive, object lessons Mr.Bezos has yet to learn. Respect for the outcome of a landslide election loss, genuine humility and straight-shooting, fair play… for all (whether a mega-billionaire, or just a paycheck to paycheck line worker) matter.

G’morning, all.

नमस्ते

“Psyche” Mission To Metal Rich Asteroid — Now Delayed To 2023 Or Beyond: Software Incompatibility Issues.

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It seems that somewhere between ASU, JPL and NASA… some wires got crossed, on software specs.

And the team is seeing “compatibility issues” with the flight package. This means the October 11, 2022 mission last launch window is certain to come and go, without being “go flight” — on all the re-testing.

And, since the effort is now approaching $1 billion in total costs, the clear NASA directive is to get this right, as no “patch or update” will be feasible, in real time, autonomous space-flight. So so it goes:

…As the mission team at NASA’s Jet Propulsion Laboratory in Southern California began testing the system, a compatibility issue was discovered with the software’s testbed simulators. In May, NASA shifted the mission’s targeted launch date from Aug. 1 to no earlier than Sept. 20 to accommodate the work needed. The issue with the testbeds has been identified and corrected; however, there is not enough time to complete a full checkout of the software for a launch this year.

“Flying to a distant metal-rich asteroid, using Mars for a gravity assist on the way there, takes incredible precision. We must get it right. Hundreds of people have put remarkable effort into Psyche during this pandemic, and the work will continue as the complex flight software is thoroughly tested and assessed,” said JPL Director Laurie Leshin. “The decision to delay the launch wasn’t easy, but it is the right one.”

The mission’s 2022 launch period, which ran from Aug. 1 through Oct. 11, would have allowed the spacecraft to arrive at the asteroid Psyche in 2026. There are possible launch periods in both 2023 and 2024, but the relative orbital positions of Psyche and Earth mean the spacecraft would not arrive at the asteroid until 2029 and 2030, respectively. The exact dates of these potential launch periods are yet to be determined.

“Our amazing team has overcome almost all of the incredible challenges of building a spacecraft during COVID,” said Psyche Principal Investigator Lindy Elkins-Tanton of Arizona State University (ASU), who leads the mission. “We have conquered numerous hardware and software challenges, and we’ve been stopped in the end by this one last problem. We just need a little more time and will get this one licked too. The team is ready to move forward, and I’m so grateful for their excellence.”

Total life-cycle mission costs for Psyche, including the rocket, are $985 million. Of that, $717 million has been spent to date. The estimated costs involved to support each of the full range of available mission options are currently being calculated….

We will see safe, legal abortion coverage enabled — for all US women. . . as it will all be no more than one day’s drive from any of the Luddite states, to the sane ones.

Bodily autonomy is in fact a fundamental right embedded in the 14th Amendment. The states that know this decision is wrong. . . will protect women in the states that seek a return to Plessy v. Ferguson style thinking. Over 70 per cent of Americans support the right to choose. [Why should under 30 per cent of us, even if genuinely held as a religious view. . . dictate what the other 70+ may do with their own bodies?]

Count on it. Smile. . . . missing our dialogues.

“Like A Wild-Fire”… Update: “Amazonians United” Complaint/Charge Letter — to NLRB, Now Available Via FOIA Desk.

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We will close this toasty humid Friday with the latest alleged unfair labor practices, at Amazon’s Upper Marlboro / DMD99 facility, in Maryland, where the Chicago based collective, Amazonians United, is the entity representing Amazon workers’ efforts, on the ground. [Backgrounder, here.]

To be clear, there is no conflict with ALU, it is just a case of who all started first, and where. Of course, we will continue to cover this one closely, as it progresses.

Here’s the full text charging documents, proper, made a available just a few moments ago, via FOIA — and a bit:

…Amazon, Inc., LLC
1000 Prince Georges Boulevard
Upper Marlboro, MD 20774
Re: Amazon, Inc., LLC

Case 05-CA-297762

Dear Sir or Madam:

Enclosed is a copy of a charge that has been filed in this case. This letter tells you how to contact the Board agent who will be investigating the charge, explains your right to be represented, discusses presenting your evidence, and provides a brief explanation of our procedures, including how to submit documents to the NLRB….

Well, I think these two ex-employees make out a pretty colorable case, given all the other shenanigans we’ve seen at nearly a dozen other Amazon sites / facilities. So… game on! Be excellent to one another… with Pride Parade Chicago up next, on Sunday….

नमस्ते

Power-Alley: Hatch-Waxman — Merck Has Agreed, In A Cost Saving Move, Along With The Generics, That “Deep” Discovery (Millions Of Pages Worth) Isn’t Needed.

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We have followed this case since April. What’s new is that Merck is likely going to agree to forego the vastly expensive “what we ate for breakfast in third grade” type of email discovery, in this case. So too are the generics. This is a nice practice point: not every issue need be fought to the “Scorched Earth” end.

While Merck has significantly more to spend on such maneuvers than Zenara or Aurobindo. . . it all boils down to one question, under Hatch-Waxman (one Merck cannot change much, and one that affects Merck essentially equally, no matter which of the generics wins): Which generic will get the 180 day exclusivity incentive, when the dust settles. That is, Merck will see a generic version on market — but one of these companies will be the exclusive generic cleared in the US for a half year… then all the others will be let in. Either way, Merck’s margins on its ertugliflozin (branded as Steglatro®)… will go south rapidly. Here’s that bit, from an agreed letter in the federal district court in Delaware, overnight:

…Checklist items were as follows: (1) whether the parties could agree to forgo email collection, which is still being considered; (2) whether the parties could agree to reduce certain discovery limits, which was agreed to and is reflected in the parties’ Proposed Scheduling Order; and (3) whether the cases should be consolidated, which was agreed to and is reflected in the parties’ Proposed Scheduling Order….

Now you know — all of this turned up, overnight and into this morning.

So, onward the world turns… and state by state, THERE WILL BE safe legal abortions, usually within a day’s drive from the Luddites now ruling in Missouri, Louisiana, Oklahoma, Texas, Florida and Mississippi. So it goes. Illinois and New York and Colorado, Oregon and California (among dozens of others) will remain… respectful of a woman’s autonomy over her own body and reproductive choices. Out.

नमस्ते