Category: Uncategorized

A Barn-Burner Is Now Set For Federal Court In Manhattan, Before Judge Torres, Come Tuesday… NYT v. Project [Not] Veritas

~ condor ~ Leave a comment

I am debating about covering this — on the main bio-science sites, as a tangent (at least). As this convoluted twisting of reality — and outright lying — by the hard right, simply must end. [This stuff is bleeding over, into public health law now, with allegations of private health care information… being sold to the highest bidder. UGLY.]

The freedom of the press is ironically postured here — with “Veritas”, according to several MSM reports, reasonably suspected by the FBI of having helped in the stealing, and attempted “fencing” of a private diary, reputed to belong to the daughter of the 46th President.

Yet it is “Veritas” that now seeks to prevent the gray lady from reporting on it. A pure “prior restraint” case (under a dubious allegation that the NYT might be receiving leaked documents from inside the FBI).

But this is where we are today.

Political spying organizations (serial law breakers, themselves — according to Hindereker’s own property, in 2017), claim to be journalists, while (allegedly) helping to arrange the sale of private diaries of prominent people that they have reason to know were… stolen (a felony, BTW — if true), and try to prevent actual journalists from ever disclosing the truth — in all this silly Kabuki theater. Here is the Times‘ lawyers’ take, at Cahill Gordon, as of last night:

…Prior restraints bear a “heavy presumption against… constitutional validity,” “may be imposed only in the most exceptional cases,” and can only be issued “upon a showing on the record that such expression will immediately and irreparably create public injury.” Porco v. Lifetime Entertainment Services, LLC, 116 A.D.3d 1264, 1266 (3d Dep’t 2014) (internal citations and quotation marks omitted) (reversing order enjoining the broadcast of a movie claimed to violate NY Civil Rights Law Sections 50/51 and finding the order to be an unconstitutional prior restraint). Plaintiff’s proposed Order to Show Cause requests, among other things, that the Court enter an order directing The Times to “refrain from further disseminating or publishing” information that Project Veritas asserts, without evidence, that The Times obtained improperly.

Such an order is, on its face, the paradigmatic example of an unconstitutional prior restraint. See, e.g., Alexander v. United States, 509 U.S. 544, 550 (1993) (“Temporary restraining orders and permanent injunctions — i.e., court orders that actually forbid speech activities — are classic examples of prior restraints.”); Organization for a Better Austin v. Keefe, 402 U. S. 415 (1971) (vacating order “enjoining petitioners from distributing leaflets anywhere in the town of Westchester, Illinois” as impermissible prior restraint); Vance v. Universal Amusement Co., 445 U. S. 308, 311, 317 (1980) (per curiam) (striking down, on prior restraint grounds, Texas statute that authorized courts, upon a showing that obscene films had been shown in the past, to issue an injunction prohibiting future exhibition of films that had not yet been found to be obscene); Porco, 116 A.D.3d at 1266….

We shall see — but I will follow it here, on this “side-car” site of mine — since Hinderaker and his minions have weighed in on it, without (in John Hinderaker’s telling of it) even a rudimentary understanding of the applicable law, and clearly completely unacquainted with the facts… as alleged in the FBI’s warrant application.

So onward, we go. Ever… onward — grinning….

In A Show Of How “Ordered Liberty, Under The Law” Functions — 100+ Black Clergy Will Gather At Noon Today, On The Glynn County Courthouse Steps…

~ condor ~ Leave a comment

In just about two hours, now — in an eloquent, elegant response — to multiple deeply un-American-, and racist-, motions (written and on the record) made by a white male defense lawyer in the trial of Ahmaud Arbery’s white killers, in Glynn County, Georgia. . . the Rev. Jesse Jackson and Rev. Al Sharpton are inviting over 100 pastors, nationwide, to join them for lunch, just outside the courthouse, on the steps.

As I’ve said before, this is precisely the correct response to such mindless hate. It occurred to me that another Rev., Dr. M.L.K., Jr., would certainly have joined them — had he lived on. But come to think of it, I am equally certain he will be with them, looking down from above — come noon today (if that is what your covenant with the Infinite… holds). Here’s the bit, from the AJC:

…Scores of Black clergy members seem to have heeded that call. About lunchtime on Thursday, “100 or more Black pastors” are expected to convene on the Glynn County Courthouse to stand in prayer for the family of Ahmaud Arbery.

“We are preparing to welcome all of those that are coming in (Thursday),” said John Perry, the immediate past president of Brunswick’s chapter of the NAACP and senior pastor of Mt. Sinai Missionary Baptist Church in Brunswick. “There are hundreds of pastors that are supposed to come from all over the country, and we’re excited about their presence. Because as a community, we believe in faith and we believe in the role of faith in justice….”

Well said, indeed. Onward, smiling into the cool sunshine of a new day, here….

नमस्ते

QAnon Shaman Gets 41 Months For His Violent Insurrection On January 6, 2021: Justice

~ condor ~ Leave a comment

Here it is, with USDC Judge Lamberth playing the statesman’s, and ever even-handed, role — yet making certain justice is served:

…His sprawling speech held the attention of the judge, as Chansley quoted Supreme Court Justice Clarence Thomas and “The Shawshank Redemption,” and described wanting to live his life like Jesus Christ and Gandhi.

“The hardest part about this is to know that I’m to blame. To have to look in the mirror and know, you really messed up. Royally,” Chansley said.

“I was in solitary confinement… because of me. Because of my decision. I broke the law … I should do what Gandhi would do and take responsibility,” he says. “There’s no ifs, ands or buts about it, that’s what men of honor do.” He promised to never have to be jailed again.

“I think your remarks are the most remarkable I’ve heard in 34 years,” Lamberth told Chansley, calling his speech “akin to the kind of thing Martin Luther King would have said.”

But, Lamberth added, “what you did here was as horrific as you now concede,” and he could not justify a shorter sentence….

Now you know. Justice.

Good News: The Pro-Tangerine Fifth Circuit Panel WILL NOT Decide The OSHA Vaccines Case. That Will Happen In Cincinnati, Now By A Rule Requiring Random Assignment.

~ condor ~ Leave a comment

Today, the Biden Administration lawyers for OSHA filed, of right, a motion to consolidate all the “vax mandate” cases, in one courtroom.

As the federal multi-district rules require, then a single courtroom was chosen by random drawing of lots. [Ping-pong balls, in a hopper, actually.] That courtroom… will thus now be in the Sixth Circuit — Cincy. And we should expect more sanity, by far, in those opinions:

…[OSHA] hereby notify the Court of the filing, on November 16, 2021, of the attached NOTICE TO THE UNITED STATES JUDICIAL PANEL ON MULTIDISTRICT LITIGATION OF MULTICIRCUIT PETITIONS FOR REVIEW with the Judicial Panel on Multidistrict Litigation (JPML).

Pursuant to 28 U.S.C. § 2112(a)(3), the Secretary is requesting that the JPML consolidate thirty-four petitions for review of the same final agency action filed in the D.C., First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, and Eleventh Circuit Courts of Appeals and assign them to a single circuit court….

It will be on an expedited schedule — so we will keep you informed, here. Onward — smiling… see ‘ya, Tangeriners. Out.

नमस्ते

PSA/Power-Alley: STAT+ Has A Very Cogent Compare/Contrast “Explainer” On Merck Vs. Pfizer Oral COVID-19 Treatments…

~ condor ~ 2 Comments

While both are very promising, there are… differences.

And so, as a savvy driver of your own health-care choices, should the need arise — it would be smart to stow this away, in the unlikely event that — as a fully vaccinated and boosted US resident, you might (improbably) contract a case of suspected COVID (or a variant, most likely, now).

Do go read it all — it is a fine “plain English” explainer. Here’s a bit, though — applicable to both the Merck, and the Pfizer regimens:

…[Both of] the Covid pills come with a key challenge of their own. They’re most effective when given early in the infection, so people need to be able to get tested and get their prescription rapidly. And the U.S. testing landscape is still limited. PCR tests can take days to return a result, and though the Biden administration has upped its effort to expand the availability of at-home rapid tests, finding one at a store is still hit or miss — success feels like scoring this holiday season’s hottest gift.

Any delay in getting diagnosed undercuts the power of these pills; even a day or two has real implications for a treatment meant to clear out an acute infection like Covid-19….

Now you know — as ever, you should take every precaution that is sensibly available to you. This is no time to take any foolish risk — mask up in tight public places, like groceries, even if fully vaxxed. That’s the best approach. Smile…. do be excellent to one another. Baby girl in two days… back from a full-year of living in sunny coastal Mexico.

नमस्ते

When A White Male Defense Lawyer Thinks He May Prevent “Black Pastors” From Attending A Felony Murder Trial (To Support The Young Black Victim’s Family)…

~ condor ~ Leave a comment

I was going to leave this solely in comments, below — but it needs to be said: Tangerine’s time has apparently given “permission” to formerly closeted racists… to speak their minds, in the open. That is my thesis here. There is zero chance this guy would have said that mess, were BHO 44 still at 1600 Penn. Here’s the setup, from Friday:

The courts of this nation are… the peoples’ courts. They are (absent COVID-19 restrictions) open to… “We, the People.” We the people, serve as a natural check and balance, on the fairness and integrity of the criminal justice process.

The idea that the defense lawyer (for the white vigilantes) in the Ahmaud Arbery homicide trial thinks he can object to who attends the trial, in the gallery. . . to support the family and pray with them… is simply insane.

If Rev. Sharpton or Rev. Jackson (and/or now, 98 more) arrive there — to support the family/victim’s rights, and to pray with them. . . well, that is… exactly… the way our pluralistic America… works. They are the victims of felony crimes, here.

These [good ole’ boy] criminal defense lawyers… are disgusting — in the purported motion that our court-house doors should only be open to local (and largely white, in their minds) landowners. That is… repugnant to our system of ordered liberty.

So, actually, I now make this a new post, thus (per the Wa Po):

…Ben Crump, an attorney for Arbery’s father, declared that more Black religious leaders were on the way.

“We are going to bring 100 Black pastors to pray with the family next week,” he said in a statement, “and we welcome all those who want to show their support and add their prayers to ours….”

This is precisely the correct answer. A young man was gunned down, in cold blood, by these defendants. I mean, how dare that shyster try to say who may support this aggrieved, and grieving, family?

नमस्ते

Candace Owens-Farmer Posted A List — Forward-Looking! — On Why “Whyt-ppl” Vote Tangerine…

~ condor ~ Leave a comment

So, I won’t repeat her lunacy, but if you are curious, hold the dark side of the below image up to a mirror, to read her “original”.

Me? I choose to laugh at her, thus (click to enlarge; and this may become a long series of graphics — we shall see; as there is no shortage of source material):

Hilarious. . . malevolent idiot. She’s a whole clown:

Out.

The Asinine Fifth Circuit Would-Be “Opinion” Issued Tonight Is Soon To Line Birdcages — After The Supremes Have Their Say.

~ condor ~ Leave a comment

I will attempt to be brief, since this opinion will never remain on the books as good law, after the Supremes reach it.

OTOH, if one wishes to read a purely political treatise, as to why everything done between early 2017 and late 2020 (i.e., in the “Time of Tangerine” — despite his team going about 3 for 43 in the federal courts) in the land of opposing OSHA and other standards was correct, and everything done after President Biden took office. . . is wrong, at most agencies. . . then this 22 pager. . . is an opinion for you. It reads more as a GOP political talking points memo, than any opinion of law — making baldly-partisan advocacy, well beyond the question(s) presented, its stock-in-trade. Tellingly, it mostly avoids even mentioning the precedents cited by OSHA.

F U G L Y.

I said earlier in this month that if the three Fifth Circuit hard right appointees won’t simply apply the well-settled federal OSHA law, I am quite confident Chief Justice Roberts. . . will. How’s that for a prediction? [That is to say — name the last time I was confident about the Chief’s scruples, here.] Now we await timing, as I expect OSHA will take an appeal directly to the Supremes, in a day or so. Onward, grinning — just the same.

नमस्ते

This Needs To Be Preserved, For History: A Departing POTUS, ON TAPE, Defending Chants To “HANG” His OWN VP?!

~ condor ~ Leave a comment

As we listen to senseless claims that the FBI has treated Project Veritas [a right wing political spying organization, according to a USDC Judge (see page 16 there), BTW] badly, in executing search warrants. . . we realize that the “acorn falls not so far. . . from the tree“.

In interviews, on tape — and consented to (wholly-unlike Veritas’ M.O., ironically, in each case) — for a forthcoming book — Tangerine defended, at length the deadly-crowd, as it headed to the January 6 riot/insurrection at the Capitol chanting “Hang Mike Pence!“:

. . .Karl: “They were saying ‘hang Mike Pence.'”

Trump: “Because it’s common sense, Jon. It’s common sense that you’re supposed to protect. How can you — if you know a vote is fraudulent, right? — how can you pass on a fraudulent vote to Congress? How can you do that? And I’m telling you: 50/50, it’s right down the middle for the top constitutional scholars when I speak to them. Anybody I spoke to — almost all of them at least pretty much agree, and some very much agree with me — because he’s passing on a vote that he knows is fraudulent. How can you pass a vote that you know is fraudulent? Now, when I spoke to him, I really talked about all of the fraudulent things that happened during the election.

I didn’t talk about the main point, which is the legislatures did not approve — five states. The legislatures did not approve all of those changes that made the difference between a very easy win for me in the states, or a loss that was very close, because the losses were all very close. . . .”

I am fairly certain, even in a smoke-filled private boys’ club, no former president ever defended violence against his own running mate / co-office holder. Ever — and certainly never in an on the record, recorded interview. But. . . here we are. And I for one, know why all things now seem so fraught — with “leadership” like that. Out.

नमस्ते