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[U — Tangerine Drops… The Usual BS] Minn. Rep. Omar Graciously Follows Up — And Rightly Calls Colorado’s Boebert Out, As A Pattern Islamaphobe / Racist

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The intended “apology” call ended abruptly when Rep. Boebert would not publicly… apologize (to all Muslims of good faith), and then doubled down, on her racist invective. Rightly, Rep. Omar hung up on her.

No person need listen to another’s abusive invective — when the representation was that Boebert was calling to express remorse. Now, she shall reap… the whirlwind, sez Condor.
See at right — but the most troubling aspect of all of this is that the official GOP position… is not to take any position on the ongoing, repeated pattern of hateful anti-gay, anti-Muslim, anti-gun-sanity invective from Boebert’s on video, on record… remarks.

Updated, after 9 PM EST — Tangerine, the talking pig, weighed in. He suggested that Rep. Omar hates America. Gosh. How original. The talking pig’s remarks are imaged at left — for posterity.

Rep. Boebert should not be allowed to claim a seat from Colorado. Her brand is to demonize any non-white, non-“Christian” and non-gun-toting person… she reads about, or encounters. FUGLY.

“Power-Alley”/Tangent: I Think Citi’s Pessimism… On Merck’s Pipeline Is… Overwrought. Once Again — As In 2016.

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From ~$82.40, down to ~$75.05 on the NYSE this morning, just since late last week — November 24, 2021… seems a bit of an over-correction. As I said over the long weekend, Merck’s COVID pill molnupiravir (soon to be branded as Lagevrio®) will do fine — and if it is true that the Omicron variant, while more contagious… is less lethal, the drug will likely see wide use to shorten / avoid hospital stays — and be seen as very effective, since its approach should cover all variants (as should Pfizer’s, given the similar approaches).

[Still, Citi sees Merck’s 12 month price target… at $85. And in mid-2016, five years ago, the same firm had the target at $65 — with a neutral rating as well (while worrying about the as then yet unapproved by US FDA pembrolizumab — which turned out fine, now five years on).]

So — over the longer haul, I see little risk of a crater, even if Keytruda® eventually goes generic, in about a decade or so. The COVID viruses… will be with us, and thus the vaccines and therapeutic drugs will be in high demand — for most of the next decade, I would bet. In any event, here’s a bit — in fairness:

…Noting that the firm’s long-run thesis on the company was based on an undervalued pipeline with islatravir expected to overcome the loss of exclusivity of cancer drug Keytruda, the analysts have lowered the per-share earnings target by up to 10%….

So — as a Condor’s “power alley” opinion® [Hah!], I would expect that the stock will return to above $80 a share, well before year end. Onward, smiling… into a gray but warming morning here.

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The Reality Is Kyle Will LOSE Several Civil Negligence Lawsuits. This Early One Against Kenosha Officials… Won’t Amount To Much.

~ condor ~ 1 Comment

While Kyle Rittenhouse’s civil counsel now claims he has sued Joy Behar and Whoopi Goldberg for defamation… the reality is that those suits will fail. CBS should never settle. The claims will fall, as truth is an absolute bar under US law to recovering for defamation.

And the remarks will be taken in context, not isolation. The Rittenhouse family became public figures, of their own volition — with the mother repeatedly making public appearances and speaking at GOP fundraisers, for the far-right (and the NRA — but I repeat myself). Kyle became a public figure when he was seen on video, firing on, and killing unarmed protesters, with that unlawful-in-his-hands… AR-15.

So, these purported libel / slander / defamation suit(s) will fail — and may even permit the nominal defendants (supposedly to include then-candidate, and now- President Biden, the NYT and others) to recover their attorneys’ fees, directly from Kyle (not that he’ll be able to pay, mind you). I should note that the morons equating him to that lil’ Sandmann buffoon — who interrupted a peaceful chant by indigenous peoples on the National Mall… are just that: idiots. Kyle killed two, with his AR-15 — he didn’t just try to derail some chanting. He killed humans — the standard for whether he was “defamed” will be much, much higher.

Afterall, he was caught on video, calling for a right to shoot two black men in the street, three weeks before that night in Kenosha… and caught on video, cold-cocking a teen girl, with closed fists, just a month before the night in Kenosha… and seen in pictures, drinking (underage) with the Proud Boyz while flashing Separatist hand-signs, after making bail. That makes it hard to claim the various statements about him have / had no basis, in fact.

But my more direct point is that other civil suits — brought by the families of the dead and wounded in Kenosha — will have solid outcomes against Kyle (and any funds raised for him will be available to pay those damages). He is not likely ever to amass any real personal wealth, nor is his mother. But the attorneys in his camp are already squabbling over the bail money — some $2 million, plus interest, raised for him. He will never see a penny of that. [His lawyers will, and have claimed it all as fees, and retainers.]

The wounded, and the estates of the dead, should sue him though, just in case he ever has any money in his hands. He (like OJ before him) was well-beyond merely negligent, in causing the deaths of the two victims, and the horrific injuries — to a third.

And negligence is all that is required here. It was negligent (and more) for a 17 year old to violate the curfew, and to do so, while armed with an AR-15 — a weapon he was not lawfully allowed to carry (as a minor, out after a lawful curfew order, on a city street in Wisconsin). It was negligent at least, for him not to leave the scene, as soon as ordered by police — and as soon as the protest passed him by without incident.

Instead, he marched back into the fray, looking for a confrontation. That led to two deaths. That too was… negligence, at least, on his part.

And the juries in federal courthouses will in a few years, so find. Just like the Goldmans — against OJ, two decades ago now.

But for now, we may ignore the suit by the Denver attorney against Kenosha police. It will go… nowhere. On qualified immunity grounds alone — the police and sheriffs will escape liability, here. I do not think that a wise law, but it is the law.

Onward now, into a cold but sunny mountain bike riding Sunday morning…. smile.

Merck’s COVID Pill Will Do Fine — As Will Pfizer’s. The Real Message Is… GET VACCINATED: It’s The Best First Line Defense.

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Look, cutting hospitalizations / deaths by even 30 per cent is still… a huge win — for people actually sick, with the virus. Merck’s Molnupiravir will garner plenty of takers. This will not harm its fortunes, in any material longer term way. [Larger studies always reduce the numbers, a bit. It still… works — and works well. My prior backgrounder is here.]

But you know what the real object lesson is? It is this: wherever possible, just avoid ever getting COVID — in the first place. The best way to do that? Get vaccinated, and when you’re age co-hort is eligible, get a booster. Wear a mask at your grocery… in sum, model safe behaviors. Make it a. . . habit. Here’s the latest, from Reuters, yesterday:

…The drugmaker said its pill showed a 30% reduction in hospitalizations and deaths, based on data from 1,433 patients. In October, its data showed a roughly 50% efficacy, based on data from 775 patients. The drug, molnupiravir, was developed with partner Ridgeback Biotherapeutics….

We won’t really know how effective the two are, vis-a-vis each other, until we have around 10,000 patients on each one — or 20,000 in total. And that is the way… real bio-science works. Onward, smiling into Saturday’s chilly-sunset… but clear. Very clear — almost luminously so… as we return to dim-sum carryout….

नमस्ते

[U] Lauren Boebert (R., White-Separatist-Stan) Should Resign. She Is Manifestly UNFIT To Represent The Centennial State.

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She now claims it was a joke (at a Colorado Thanksgiving Day appearance — video of it, now available on Twitter). It was not — it is a core part of her on-brand belief structure (for her), and her small band of constituents, steeped in hate.

She is… a malignant cancerous growth, on the face of America. Before, hidden under the belly, now her hatred arrives in public, and unbidden — for all the world to see. Here is The Guardian (UK) on it, but a censure is inadequate. Hell, I may just move to my other place in Colorado for six months, just to work to have her ousted by the voters:

…She made the comments about Omar in her home district over the Thanksgiving break.

“Actually I have an Ilhan story for you,” Boebert told an audience, to laughter. “So, the other night on the House floor was not my first ‘Jihad Squad’ moment.

“So I was getting into an elevator with one of my staffers. You know, we’re leaving the Capitol and we’re going back to my office and we get an elevator and I see a Capitol police officer running to the elevator. I see fret all over his face, and he’s reaching, and the door’s shutting, like I can’t open it, like what’s happening. I look to my left, and there she is. Ilhan Omar.

“And I said, ‘Well, she doesn’t have a backpack, we should be fine.’

The audience laughed and applauded.

“We only had one floor to go,” Boebert continued. “I said, ‘Oh look, the Jihad Squad decided show up for work today….’”

What a piece of wasted human potential… is Boebert.

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[More Space Science:] After Joint NASA | ESA Review, Nothing Seems Amiss On Next-Gen Space ‘Scope — So December 22 Remains Targeted Launch Date…

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We had earlier mentioned that a metal clamp band had snapped, in assembling the capsule to the rocket — violently shaking the entire structure.

But a review has confirmed the mission is go for fuel up, and thus, for its original launch date.

…Engineering teams have completed additional testing confirming NASA’s James Webb Space Telescope is ready for flight, and launch preparations are resuming toward [redacted’s] target launch date of Wednesday, Dec. 22, at 7:20 a.m. EST.

Additional testing was conducted this week to ensure the observatory’s health following an incident that occurred when the release of a clamp band caused a vibration throughout the observatory.

On Wednesday, Nov. 24, engineering teams completed these tests, and a NASA-led anomaly review board concluded no observatory components were damaged in the incident. A “consent to fuel” review was held, and NASA gave approval to begin fueling the observatory. Fueling operations will begin Thursday, Nov. 25, and will take about 10 days. . . .

Now you know… family times are the… sweetness, and spice, of our life-times. Smile….

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[Solar Science Tangent:] Parker Is Travelling Fast Enough To Go From Earth To The Moon In UNDER An Hour (Apollo Took Three Days)…

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As of November 21, the Parker Solar speeder had hit her midpoint, in this tenth pass relatively near the Sun (at 5.3 million miles out). She is traveling at a jaw-dropping over one-third of a million miles an hour, now.

She will continue to tighten her orbital loop, using Venus from time to time for a gravity-assisted slingshot effect, or later, to slow down, and let her “fall in“, closer to Sol, through 2023. She continues to perform flawlessly, and will download this latest data — from late December to early-January. Here’s the latest from NASA:

…The close approach (known as perihelion), also at a record distance, occurred at 4:25 a.m. EST (8:25 UTC), with Parker Solar Probe moving 364,660 miles per hour (586,864 kilometers per hour). The milestone also marked the midway point in the mission’s 10th solar encounter, which began Nov. 16 and continues through Nov. 26….

Onward, ever onward… into that “undiscovered country” — the future — grinning.

नमस्ते

USDC Judge Torres Just Correctly Slammed Down The “Veritas” Request…

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Just as we said yesterday, the Veritas position was supported by NO precedent, whatsever.

And the clear federal rules of criminal procedure, and dozens of cases were on the side of the FBI/DoJ here.

So… we see that the able judge has just entered — one elapsed day later — a cogently terse one-page opinion, then:

…Petitioners have not shown that access to the affidavits is necessary for them to respond to the Government’s arguments. Even if they had, Petitioners “cite no precedent — and the Court is aware of no authority — for the proposition that the Fourth Amendment (or any other constitutional or statutory provision) gives a person who has not been charged a right to review a search warrant affidavit during an ongoing investigation.” In re Search Warrants Executed on April 28, 2021, No. 21 Misc. 425, 2021 WL 2188150, at *3 (S.D.N.Y. May 28, 2021). Here, the Government’s grand jury investigation is ongoing, and no one has been charged. Should those circumstances change, those named as defendants may seek production of the affidavits as part of discovery. See Fed. R. Crim. P. 12, 16.

Accordingly, Petitioners’ motion is DENIED. The Clerk of Court is directed to terminate the motion pending at ECF No. 33.

SO ORDERED….

Scott Johnson and John Hinderaker… have lost all their critical thinking skills… been put out to pasture, it would seem… long ago.

Onward, smiling….

Why Project Veritas’ Claim Of Mistreatment By FBI Is Likely… Game Over.

~ condor ~ 1 Comment

The FBI has now effectively sworn in open federal court (at electronic page 5; main document page 1), in addition to swearing in secret pre-grand jury indictment proceedings, that the cell phones of James O’Keefe contain evidence of receiving knowingly stolen property — and then at least trying to facilitate the resale of it, if not profit from the sale, directly. All of those things, if the value discussed was over $5,000 — are felonies. See, 18 USC § 2315, et seq.. Felonies still under active investigation.

So — since the FBI’s investigation is still pre-indictment, it has a long standing presumption of protectible secrecy / non-disclosure, in the search warrant materials, affidavits and all.

Here is that bit, from last night’s government brief:

…There is no common law right of access to the Materials at this pre-indictment stage of an ongoing grand jury investigation. As noted, the November 5, 2021 search warrant was executed at the pre-indictment stage of an ongoing investigation. The factual circumstances here — in the context of an ongoing investigation in which no public charges have been filed — were expressly distinguished by the Second Circuit in recognizing a right of access at a post-indictment stage of a criminal case. See In re Newsday, Inc., 895 F.2d at 78 (distinguishing its holding from a Ninth Circuit opinion on the right of access to search warrant in the context of an ongoing investigation). Where, as here, a criminal investigation remains ongoing there is simply no common law right of access to Rule 41 search warrant applications. Indeed, “[t]he nature of the allegations and the pending grand jury investigation all favor this result.” In Search Warrant Executed Feb. 1, 1995, 1995 WL 406276, at *3. Further, at this pre-indictment stage of a grand jury investigation, “there is no tradition of public access to the names of unindicted third-parties and to specific personal identifying information where disclosure of this information is sought by the public….”

It is well-settled that the need to prevent interference with a law enforcement investigation may outweigh any right of access. See United States v. Smith, 985 F. Supp. 2d 506, 531 (S.D.N.Y. 2013)….

[P]rotection of an ongoing criminal investigation weighs heavily against any potential right of access. The details of a Government investigation are not fair game for public consumption every time a search warrant is executed and the subject of that search warrant voluntarily discloses the existence of the warrant itself and makes a related statement. Were that the case, many grand jury investigations would be impeded by the self-serving actions of subjects [like O’Keefe, and Project Veritas] eager to gain premature access to the details of secret grand jury investigations for their own benefit….

It now seems certain that O’Keefe is lying about why the FBI came calling. This is not the stifling of real journalists. This is an investigation of allegedly felonious fences. Plain vanilla crime stories, now.

Onward — and, grinning ear to ear — as we will keep you informed. [Unlike my counterpart depicted above right, offering only political talking points at his property, even though, in 2017, he documented other criminal misdeeds by O’Keefe. Charming.]

Actually, Tangerine — I Was There. So, This (No Surprise) Is A Bold-Faced Lie.

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I will make quite short work of this. I hate blowhard liars.

I was there, on both days, walking the streets — [registering new voters, primarily] in Kenosha, a year and a half ago. I was there the sunshine-dappled day Mr. Biden visited: peaceful, hopeful and thoughtful… and three days earlier, when Tangerine rolled in — like some Soviet era Russian dictator, with a line of assault vehicles, and lined the streets to a local high school with AK-47 weilding military, in tactical gear — while conducting his and Billy Barr’s star chamber local militarizing / policing meetings. Even so, the people… were engaging in peaceful dialogues.

He was the cause of great tension among the locals on that gray day. And, just three days later, it was sunny (as Karma would have it!), and people turned out in the black community in droves to hear from Mr. Biden, on street corners, largely unguarded. You tell me, which one contributed more, to “saving” Kenosha? [Hint: In the end, it was neither of them. The people of southern Wisconsin… saved themselves. By talking earnestly, and peacefully, with one another. No input from Tangerine at all.] Here’s Tangerine’s preposterous overnight claim, for the record — and posterity:

. . .Former President Donald Trump on Friday said he was “very happy” to see Kyle Rittenhouse fully acquitted of all charges, adding that he himself “helped save Kenosha” last year. . . .

Poppycock — see at right, and the links above — with video to prove it. [I shot all of that, and lots of additional footage, both days.]

Okay — hushing now. More bioscience, and space- science, come Monday, on the short holiday week.

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