Category: Uncategorized

What It Actually Means… To Offer A Land Of Purely… Unlimited Opportunity: NASA Mars Edition.

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She spoke no English, worked odd jobs, and did house-keeping, at hotels. Put herself through college. She came to America with $300 in her pocket, from Columbia — at 17, with a dream.

And an ample helping of natural scientific ability, coupled with. . . determination. She’s a NASA Mars Flight Director now. She’s one of the people we most prize, as emblematic of the immortal Lazarus poem. Here’s a bit, from Yahoo News:

. . .When NASA’s Perseverance rover successfully landed on Mars last week, aerospace engineer Diana Trujillo, who is a flight director on the mission, said in an interview with CBS News that it took her some time to process that it had arrived on the red planet.

“I was very much on the mindset of ‘What’s happening?'” she said. Then as pictures and videos from Perseverance started to beam back, it became real.

“Are we safe? I think that watching the image was when I actually processed that we had actually landed,” she added. . . .

Her dreams of reaching space and wanting to understand the universe came as a young person in Cali, Colombia. Her parents were divorcing and as a 17-year-old, she decided to go to the United States, arriving with only $300 and not speaking any English. She worked housekeeping jobs to pay for her studies and later joined NASA in 2007. . . .

This is America’s future. That speech at CPAC this afternoon: nearly the ugliest past. Period.

नमस्ते

Who Cares What A Pumpkin-Faced Insurrectionist, And Former Pretender To Office Thinks? I Certainly Don’t.

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YAWN. If it wasn’t clear enough, he’s just a bitter, deranged private citizen, a 74 year old retiree — without even a Twitter feed. And that’s before he gets… indicted in New York, in a few months. So. No. I. Don’t. Care.
But the CPAC website is down. Crashed. Hilarious — and so sublimely… appropriate.

The NYT is covering it (since it cannot be seen live) — but me? I’ll ignore him. If he is the GOP candidate by 2023, I’ll dain to look in again. But assuming he’s not in jail by then — he is irrelevant, until that time.

The Biden/Harris administration is repairing real America, day by day. That’s the story. That, and the protection of our most vulnerable charges. Onward.

नमस्ते

“Hidden” No Longer: NASA’s DC HQ Bears Her Name… And Her Likeness, In The Lobby.

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We will close out Black History Month in fitting fashion — by noting that the DC Headquarters building of NASA is now the Mary W. Jackson building. We are grinning, ear to ear — “hidden” no more, indeed.

Here’s the story, as told by NASA press offices — from Friday:

…On Friday, NASA celebrated the agency’s first African American female engineer, Mary W. Jackson, with a ceremony to formally name the agency’s headquarters building in Washington in her honor.

Jackson began working at the National Advisory Committee for Aeronautics (NACA) – the forerunner of NASA – in April 1951. From her initial role as a “human computer” within the segregated West Area Computing Unit of what would become NASA’s Langley Research Center in Hampton, Virginia, to becoming an engineer, to managing Langley’s Federal Women’s Program and championing equal employment opportunity efforts at the center toward the end of her career, Jackson’s pioneering efforts and commitment to helping others have inspired generations – both at NASA and beyond.

“With the official naming of the Mary W. Jackson NASA Headquarters today, we ensure that she is a hidden figure no longer,” said acting NASA Administrator Steve Jurczyk. “Jackson’s story is one of incredible determination. She personified NASA’s spirit of persevering against all odds, providing inspiration and advancing science and exploration.”

The work of Jackson and others in Langley’s West Area Computing Unit caught widespread national attention in the 2016 Margot Lee Shetterly book “Hidden Figures: The American Dream and the Untold Story of the Black Women Mathematicians Who Helped Win the Space Race.” The book was made into a popular movie that same year, with award-winning actress Janelle Monáe playing Jackson’s character….

Onward, to a better, more just… tomorrow.

नमस्ते

Obamacare | Bidencare 2.0… Finally… Cometh.

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It has truly been… “a long time, a’comin’ — but a change is gonna’ do us good.”

When it passed in 2010, the idea was to refresh and improve parts of it every few years — but get the first part done. None of us expected it would take eleven years to get to the first real improvement package (there have been several weakening measures, but it has survived in the courts pretty much intact). So, yet and still — here we are.

Here is The New York Times, on the exciting possibilities now finally unfolding, to make America a more just place, in the delivery of health care — in favor of her less fortunate citizens:

…Tucked inside the stimulus bill that the House passed early on Saturday are a series of provisions to make the private plans more affordable, at least in the short term.

The legislation, largely modeled after a bill passed in the House last year, would make upper-middle-income Americans newly eligible for financial help to buy plans on the Obamacare marketplaces, and would increase the subsidies already going to lower-income enrollees. The changes would last two years, cover 1.3 million more Americans and cost about $34 billion, according to the Congressional Budget Office.

For certain Americans, the difference in premium prices would be substantial: The Congressional Budget Office estimates that a 64-year-old earning $58,000 would see monthly payments decline from $1,075 under current law to $412 with the new subsidies….

The stimulus package… increase[s] financial incentives for states to join the program. Though Democrats are offering holdout states larger payments than they’ve contemplated in the past, it’s unclear whether it will be enough to lure state governments that have already left billions on the table. Under current law, the federal government covers 90 percent of new enrollees’ costs….

We shall see — but in the middle south (per our old throwback graphics!) and southern states (think TN, AR, AL and MS), where the local fisc is already gutted by COVID-19 related costs, this may be one piece of pie that is just to tempting to leave on the table. Indeed — here over a decade later, we will have a more just delivery system for health care. We will. Onward, smiling….

नमस्ते

By Next Friday, Bannon Must Choose: Is He “Accepting” — On The Record, The Dubious Benefits — Of That Trump Pardon?

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I know I said I’d likely not closely follow this, but the manifold paths… that lead to ever-more hilarious mischief — from the Tangerine Team’s utter lack of understanding of the US legal system… cause me to offer at least this much more. I think the central teaching here is that offering pardons to people who’ve not yet been found formally guilty by a jury or judge — especially for garden variety financial fraud felonies with multiple co-conspirators (felonies that are not part of any arguable political campaigning processes, in proper)… may well create more exposure rather than diminish it.

The able USDC Judge in Manhattan has given Bannon only until the first Friday in March to decide: will he formally accept the pardon, with all the downside that entails, or will he not? She has made it plain: he cannot have it both ways any longer — to get the benefit, he will have to admit guilt on the record. Here it is, overnight, in full:

…The Court has reviewed Defendant Stephen Bannon’s letter dated February 18, 2021 (the “Letter”), transmitted to the Court via email, and the Government’s response, ECF No. 86.

Accordingly, By March 5, 2021, Bannon shall file the Letter on the docket, or move to file it under seal;

By March 19, 2021, Bannon shall file his motion to dismiss;

By April 2, 2021, the Government shall file its opposition; and

By April 9, 2021, Bannon shall file his reply, if any (Defendant Motions due by 3/19/2021., Defendant Replies due by 4/9/2021., Government Responses due by 4/2/2021).

(Signed by Judge Analisa Torres on 2/26/21)….

Condor predicts he will accept the pardon, and vainly try to argue some form of common law double jeapardy in state courts (though in this context, no such defense exists), as to his admission of state court felonies, as well. And still — we will watch and wait — who else gets dragged down by him, as co-conspirators? Who indeed. Grin… stay dry in the nation’s middle south — we now (finally!) now have better weather than you: sunny and fairly warm here — almost all that snow is melted.

नमस्ते

Cy Vance Is Apparently ALSO Looking Very Closely At Steve Bannon; He Has Clearly Hurt His Own Chances By Accepting Trump’s Late Arriving Pardon.

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Several others — both smarter, and paying more attention to Steve Bannon, than I am — have mentioned this, and in greater detail. Do read this one, as the best of the lot.

It seems Bannon’s lawyer (so far) has failed to get the federal indictments dismissed, by pointing to Tangerine’s egregious pardon, without filing it, or having Bannon officially accept it, on the record in court. [See AUSAs’ filing.]

This is because with the acceptance of a pardon comes an admission of guilt, and it makes him eligible (and compelled) to testify against his co-conspirators in the federal matters (thus far un-named, and unindicted).

But in order to end the federal matter, his admission of guilt will open him to state level charges in New York and anywhere else that his faux charity stole money from donors to a “build the wall” scam, only to spend it on lavish private jet rides, and high administrative overhead salaries and perks.

I should also note that the state level New York jails are much less cushy than the club fed minimum security facilities, under the fedral BoP, had he simply agreed to accept responsibility for the federal crimes.

Karma is funny, that way — but I’ll likely not mention him again — as he really is a bit player, now. Just know that one day in the late summer, when you read a New York state level indictment charging ten year felonies has been unsealed against one Steve Bannon — he has only himself, and Baby T to blame for that state of affairs. Maybe he and T will ultimately get the sent to the same New York state medium security facility, upstate. To do at least ten each.

Who else, though? Who, indeed?!

That’s my smile for the morning. Onward.

नमस्ते

Barr/Trump “Star Chamber” Police Commission Slap Down, Completed Tonight: NAACP’s Completed 100% Win, In DC… G’night!

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Welp, that’s game — set — and match. The level of distain evinced, here — for well settled law — by AG Barr and Tangerine. . . was simply jaw-slacking. But now it is over, completely. We will indeed shortly read all of the secret dealings undertaken, and the secret militarized policing thrusts the “star chamber” sought to advance, against her own citizens. Without any of her ordinary citizens having the basic right to give input on the moves toward. . . budding fascism.

Deplorable. Here is the cogently-reasoned opinion, from Judge Bates.

. . .[T]he Court concludes that defendants must disclose documents submitted to the Commission or any Commissioner, or through the Commission’s official channels, for consideration by the full Commission — even if not ultimately provided to all Commissioners. Additionally, defendants must disclose any document authorized by Commissioners and represented as having been prepared on behalf of the full Commission—even if some Commissioners did not see the document. Such documents were clearly “prepared for or by” the Commission even if, for whatever reason, they were not “made available to” some Commissioners. . . .

In particular, the Court agrees with LDF that defendants cannot categorically withhold public comments not provided to the full Commission. Such comments were surely prepared for the Commission and submitted for its consideration. The Commission directed members of the public, including LDF, to submit comments to the Commission’s email account. See Dixon Decl. Ex. A [ECF No. 25-26] at 1 (stating that comments “must” be submitted to [email address]). LDF, like others who submitted public comments, “had no way of ensuring that its public comment was shared with each Commissioner to consider as intended or just a handful of Commission members.” See Mot. to Compel at 9–10. The fact that a gatekeeper withheld certain comments from some Commissioners does not immunize those comments from public disclosure. Similarly, defendants must disclose other materials sent to or from the Commission’s official email account that comport with the Court’s understanding of Section 10(b).

The Court also agrees with LDF that defendants must disclose documents in which the Commission solicited input from specific third parties in preparation for hearings — if authorized by at least one Commissioner and represented as being sent on behalf of the entire Commission — and any responses sent for consideration by the full Commission. . . .

[Finally,] the Court concludes that the Commission’s working groups are themselves advisory committees subject to FACA. Accordingly, the Court will order defendants to disclose documents that were “made available to or prepared for or by” the working groups. . . .

So ends the lawless time of Barr’s “Star Chamber.” Onward.

नमस्ते

An Encouraging Status Update, In San Diego — Ms. L. Federal Class Action: February 24, 2021

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Just about everything (at least in the way of tone, and tenor of discussions) has changed in the litigations underway in California. With the federal government being directed by Mr. Biden to scrupulously honor our lawful obligations, as the same relate to people lacking papers, suddenly there is interest in resolving all disagreements. See below, which is (of course) greatly gratifying news — but it comes decidedly too late, for the dozens and dozens… already dead. And for the high hundreds who are gravely ill, with COVID-19, and other maladies — already, now.

Still, we laud the progress that elections bring. Here is the latest 15 page status update (PDF file) — and a bit:

. . .On February 8, 2021, the Court ordered the parties to provide the Court with their positions “on how the President’s February 2, 2021 ‘Executive Order on the Establishment of Interagency Task Force on the Reunification of Families’ affects this case.” ECF No. 573. Defendants believe that the work of the Task Force will resolve many — if not all — outstanding issues in this litigation, and Defendants look forward to working with Plaintiffs with that goal in mind.

On February 22, 2021, the parties held a call to discuss the issue of reunifications and the work of the Task Force. Defendants explained to Plaintiffs that the Task Force is actively meeting and intends to consult with Plaintiffs and other stakeholders who have been involved in the reunification process. A call between the task force and Plaintiffs’ counsel was subsequently held on February 23, and Defendants will work with Plaintiffs’ counsel to arrange additional discussions going forward as appropriate. The Task Force intends to use these discussions to develop more comprehensive plans regarding how it will move forward. Accordingly, Defendants ask the Court to allow them to file a further update on the work of the Task Force and its likely effect on this litigation on or before March 10, 2021. Plaintiffs have stated that they are in agreement with this proposal for moving forward on this issue….

Onward, onto a Wednesday night call on Zoom with my grown kids and their SOs, spread around the northern hemisphere, now. Grin….

नमस्ते

As We Guessed Last Friday — Judge Tipton Simply Skipped Oral Arguments, And Issued A 105 Page Turgid Mess Of An Opinion, At Around Midnight.

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I last checked the docket in Houston after 11 PM EST. Sometime around Midnight, Texas time, USDC Judge Tipton dropped the below opinion onto the PACER feed. [His earlier issued TRO was to expire at Midnight, and I get why he’d prefer this not garner a lot of press.] It is simply egregiously wrong — on the existing, controlling Supreme Court precedents.

I’ll not spend a lot of pixels / ink on his, preferring instead to repeat what RAICES and FIEL Houston explained in their cogent amici briefs — and which the Fifth Circuit and/or Supremes will almost certainly adopt, in the coming weeks. That is, Texas STILL cannot show it is special — “super-entitled,” in other words, to step in front of all other states here. And 105 pages changes… nothing, despite what young Judge Tipton intones.

…In other words, the Supreme Court has already recognized that under the very statute on which Texas relies, the executive branch retains its longstanding discretion to stay removal. See also Nken v. Holder, 556 U.S. 418, 439–40 (2009) (Alito, J., dissenting) (“Once an order of removal has become final, it may be executed at any time” — but “the Executive Branch” may still “stay its own hand.”). The Fifth Circuit has likewise affirmed this principle. Texas v. United States, 809 F.3d 134, 167–68 & n.105 (5th Cir. 2015) (quoting AADC); see also Naidoo v. INS, 39 F. Supp. 2d 755, 761 (W.D. La. 1999) (“Requests for stays… are committed to the discretion of the” executive branch).

Texas does not grapple with AADC and its progeny. [Ed. Note: neither does Judge Tipton. That is disappointing — federal judges are supposed to be better than this.] Instead, it [and he] focuses on a single word in § 1231(a)(1)(A) — “shall” — contending that Congress thus eliminated the executive branch’s longstanding discretion to stay removal for those in the removal period. But it is a “fundamental principle of statutory construction (and, indeed, of language itself) that the meaning of a word cannot be determined in isolation, but must be drawn from the context in which it is used….

We will see you again and right soon, your honor — on reversal and remand. Cheers.

नमस्ते