Category: Uncategorized

Baby T’s Final Supremes Gambit Is… “Profoundly Incoherent.”

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I will only quote (below, in blue) — and link — the Pennsylvania position papers, as they set forth… objective reality.

Everything Rudy G. and his team have filed is, well… simply… bonkers (that’s a term of art, BTW). Baby T will be bounced. Again. [Some of the background here.]

…The Trump Campaign attempts to justify its unreasonable delay by baldly claiming, in a footnote, that its petition “did not fully ripen” until this Court denied injunctive relief in Kelly v. Pennsylvania, 20A98, and the motion to file a bill of complaint in Texas v. Pennsylvania, 22O155. Motion at 1 n.1. The Trump Campaign’s contention is profoundly incoherent….

The election is now over. It has been four weeks since the Pennsylvania Governor signed a certificate of ascertainment certifying the Election for President-Elect Biden, and one week after Pennsylvania’s Electoral College formally cast its votes in favor of President-Elect Biden. Time has run out for the Trump Campaign and its acolytes to continue their baseless efforts to overturn the results of this election. With each ensuing attempt, the applicants have become more desperate and more disconnected from the law and reality. As Justice Scalia once observed, “[i]nsanity, it has been said, is doing the same thing over and over again, but expecting different results. Four times is enough.” Sykes v. United States, 564 U.S. 1, 28 (2011) (Scalia, J. dissenting), overruled by Johnson v. United States, 576 U.S. 591 (2015)….

Onward, grinning at just about everything, as we escape the hell that 2020, in the main — was… in about 24 hours, now. Hug your kids — and look ahead — to better days, come January 21, 2021. We still have some mud to slog through, here — it seems, but it will be very short lived, now.

नमस्ते

This Nashville Bomber Knew Exactly What He Was Doing. That Is Deeply Disconcerting — With A Jan. 6 Election Date In Georgia Looming…

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Look — to be clear, I do think he almost certainly died in the blast. And I tend to think he probably acted alone. He is not reported to have any strong hard-right political links. He had no formal military training (however, that is not good news; see below).

Troublingly, it is abundantly clear that his work in IT, and building alarm systems… was not some form of dark “rocket science“. There are perhaps tens of thousands of civilians [no prior military background needed — as making a remote detonate An-Fo (NH4NO3+FO) device — inside a truck, van or car is a trivial endeavor, any journeyman miner or ditch digger could muster, with the aid of the internet’s tutorials].

Now consider that there are at least a few hundred Boogaloo Bois, and Michigan militia-men (and less likely, those idiot Proud Boys), some with military training, that have by now read the USA Today coverage, and can identify, by Google Maps searches, where the (mostly-) unprotected telecom infrastructure hubs might be — in and around Atlanta — and they likely already know where the vote counting /aggregation systems are going to be, for the Senate run-off tallies to be completed.

Consider that it is likely, as it was in November, that most of the now over three million early votes (most, by mail) in Georgia in these races have been cast by Democratic voters. And consider that there are far right radicals who now know exactly how — and where — Georgia officials will conduct the counting of the same.

I truly hope I’m completely wrong — and that no one (regardless of political leanings) would do such a horrible thing. But the Christmas morning attack in Nashville should put everyone in Georgia on high alert, as January 6 approaches.

If you see something that looks “off” — say something immediately — to law enforcement. Better yet, report it to the ATF/DHS hotlines. Let us remain optimistic, generally — about a free and fair election in Georgia — and yet remain realistic, about the danger this guy has (likely not entirely unwittingly) exposed.

Onward.

नमस्ते

Paul M. Waxes With Some Honesty, Finally — About the 334,000 Dead Americans.

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I guess we should take this as some form of Holidays-infused “progress“. However, it would have been nice… if he and John had told the truth earlier. Much earlier.

Here at the end of 2020, he finally admits that he isn’t writing about it much any longer — because (wait for it!) it’s “depressing“:

“…Any way you slice them, the numbers, both in the U.S. and worldwide, are depressing. I suppose this is the main reason why I stopped writing regularly about them….”

The level of self-absorbed myopia it takes to make the above statement, while at the same time never apologizing for being dead wrong about his “we should have followed the Swedish model…” nonsense… is truly disheartening — from what is supposed to be a responsible adult, in the room.

But I guess… I expect too much, when I expect humility — coupled to some level of intelligence.

But to a fault, humility has never been a virtue exhibited by either Paul or John.

Ah, so it goes… now off to get some fresh lemonade, that I’ve squeezed from my own small orchard of lemon trees, this day — here. Smile….

Unlike The Copperish-Colored Surface Sample, The Sub-Surface JAXA Sample Is Charcoal-Colored: Asteroid / Space Science Update

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As we ease out of the holiday silence, into the Arizona afternoon sunshine, by bike — we will start with yet another success logged by the Japanese space agency — now having analyzed all the asteroid gas it collected, and filling both other chambers, with surface, and sub-surface materials from the dawn of our time in what became the local solar system.

We will note that the surface sample, (shown below left) was burned to a reddish-copper hue, by solar/space radiation, while the subsurface sample retains much the coloring and appearance of the newly formed solar system here, some four billion years from the past. [Not unlike the Q’in Dynasty figure above is… now, the deep past. Ironically, the Powerline white boys blocked me on Twitter, at some point during the Christmas Eve/Day period — perhaps recognizing… they too are now the deep past.] Here’s a bit, from the latest story on it:

…Shortly after Japan’s Hayabusa2 probe returned to Earth, JAXA showed off some of the samples it collected from asteroid Ryugu. Those copper-hued rocks came from the “A” chamber of the probe’s sample capsule, which means they were collected during the mission’s first touchdown in February 2019.

Now, JAXA has released photos showing the contents of the capsule’s “C” chamber, which it opened on December 21st. Scientists are hoping that the subsurface samples can offer more clues about the solar system’s formation and early period, since they hadn’t been exposed to the hash environment of space. JAXA says the largest particles in chamber “C” were about a centimeter in size….

Now you know… keeping a good thought here, that there were no losses of life in Nashville — and that telecoms will soon be back online, and restored. Do keep the safety, and survival, of our experiment in self-governing in your meditations, as I fear given the level of preparation, and attention to avoiding loss of life — that may have been a dry-run — for a similar attack on the Georgia Senate election day facilities, come January 6, 2021… I hope not, but it (pre-announcing a bombing; clearing space) is very much in the style of the old IRA terrorists, during The Troubles, across the pond. We will keep a good thought… and await… more reliable information (though it seems there is a likely-identity for the RV owner/driver — but why such a spectacle, if a simple suicide?), and… we will await… justice.

नमस्ते

[O/T: Christmas Eve…] No Real Brexit: Five Year Transition Period On Fishing Rights, For Example…

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A very wise man (my late father) once wrote, of a Christmas Eve long passed, that it seemed the world was becoming a more and more complicated place — always in a hurry, to very little meaningful, lasting purpose. He suggested that we should remember that the best things in life are not just UN-complicated… they are simple. And they are mostly not “things” at all, in the normal sense of that word. “Only the complicated things become more complicated, in the modern world — while the simplest ones* shine ever more brightly….” he said.

So it now appropriately (of my father’s long ago admonishments) seems, as we long predicted, for four years — that the supposedly very complicated Brexit notions have resolved themselves. . . pretty simply: a five year transition, with low to no tariffs:

…What about fishing rights?

The issue has held up an agreement in recent months, but people briefed on the talks say there would be a 5.5-year transition period — under which EU boats can still access U.K. fishing waters — though the bloc’s rights will be knocked down by a quarter.

The deal is still being called thin, but could provide the base on which the two sides rebuild relations (it’s been over four years since the U.K. voted to leave the European Union)….

Merry Christmas, to all who celebrate that holiday, then — and to all of good will, we wish you peace, and joy.

नमस्ते

~~~~~~~~~~~~~~~~~

* Of course, the simplest — and best — of these, he well knew (and I well know)… is… love. So at Christmas, know that I hold that simple, shining hope — for all of you. Those I spoke to this morning, as well as those whose voice I’ve not heard live in three or more long years… and those whose voices are now forever silenced here, having passed on… out into the Infinite.

L O V E

Donnie And Melania: Laughing-Stocks, Yet Again, Inside Beltway — For Not Understanding Government Is… “Serving” — Not “Reigning”.

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The highly-esteemed Paul Weiss firm has filed a killer of a memo of law — this morning, in DC federal court — in its likely prevailing effort to dismiss Melania’s suit against its client, Stephanie W. Wolkoff, over the latter’s tell-all book.

The most preposterous part of Melania & Baby T.’s claim is that they would say they can (as government agents) restrict freedom of speech about matters of substantial public concern, despite creating no formal role in the government — nor any access to classified information, for Ms. Wolkoff. See Amendment, First. Here’s a bit of the material arguments, on First Amendment grounds:

…[T]he Complaint should be dismissed because the confidentiality restrictions in the Agreement violate Ms.Wolkoff’s First Amendment rights and are unconstitutional. A government restriction on speech must “protect a substantial government interest unrelated to the suppression of free speech,” and be “narrowly drawn to ‘restrict speech no more than is necessary to protect the substantial government interest.’” McGehee v. Casey, 718 F.2d 1137, 1142–43 (D.C. Cir. 1983) (citations omitted).

The Government cannot properly use non-disclosure agreements to censor government employees or service providers in matters not involving classified information or national security interests. See id. at 1141 (“The government has no legitimate interest in censoring unclassified materials”); Bolton, 2020 WL 5866623, at *8 (“government may not prevent [Defendant] from publishing unclassified materials”); Nat’l Fed’n Of Fed. Emp. v. United States, 695 F. Supp. 1196, 1205 (D.D.C. 1988) (finding unconstitutional government’s restriction on publication of undefined, “classifiable” information). Since the Complaint does not — and cannot — allege that Ms. Wolkoff even had access to classified or national security-related information, let alone disclosed such information in her book, the Government cannot establish a legitimate and substantial interest in restricting Ms. Wolkoff’s freedom of expression.

Perhaps recognizing this fatal flaw in its claims, the Government attempts to contort the First Lady’s personal interest in limiting negative publicity into a governmental interest in protecting the internal deliberations of the executive branch (which appears to be a claim of executive privilege, without actually using the phrase). The Government’s position is meritless because no such governmental interest can be asserted on behalf of a person [Melania] who is not a government official….

How many days are left?! Grinning — at all the lil’ ice skaters, far away….

नमस्ते

Ninth Circuit Portland Press Injunction Appeal Will Be Argued March 3, 2021 — But It’s Likely To Be Dropped By Biden Admin., Long Before Argument…

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No surprise here.

I expect that lots of these appeals from Baby T.’s complete losses, in courtrooms around the nation, will be dropped by the incoming Biden Administration, through the related agencies. But we will mark the calendar, just in case this doesn’t sort itself out (Baby T.’s position will not prevail… it will certainly be a loser, all as we’ve long said):

…Notice of Oral Argument on Wednesday, March 3, 2021 – 09:00 A.M. – PO 2nd Floor Ctrm – Scheduled Location:

Portland OR.

The hearing time is the local time zone at the scheduled hearing location, even if the argument is fully remote….

Onward, grinning into a cloudless 70 degree sky, hiking toward the White Tank mountain range….

नमस्ते

[O/T] Celestial Good Karma, As Solstice Approaches — Look To The Southwestern Skies — After Sunset, These Next Few Nights…

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I’ll try to post a picture or video, from the night skies above the Sonoran desert, near the White Tank mountain range, on Sunday or Monday — but this is a once in 800 year opportunity.

So drive out of the artificial-light tainted cities, into the countryside — near beaches, deserts or mountains… and… look up, an hour or two after sunset:

…What makes this year’s spectacle so rare, then? It’s been nearly 400 years since the planets passed this close to each other in the sky, and nearly 800 years since the alignment of Saturn and Jupiter occurred at night, as it will for 2020, allowing nearly everyone around the world to witness this “great conjunction.”

The closest alignment will appear just a tenth of a degree apart and last for a few days. On the 21st, they will appear so close that a pinkie finger at arm’s length will easily cover both planets in the sky. The planets will be easy to see with the unaided eye by looking toward the southwest just after sunset.

From our vantage point on Earth the huge gas giants will appear very close together, but they will remain hundreds of millions of miles apart in space. And while the conjunction is happening on the same day as the winter solstice, the timing is merely a coincidence, based on the orbits of the planets and the tilt of the Earth….

Until our paths cross, again then — be excellent to one another. Solstice approaches, grinning….

नमस्ते

The Idea Of Violating The Constitution — To Exclude Undocumented People From The Census Is… Effectively Dead.

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The next census is a little over a decade away now. And it is an absolute certainty that Mr. Biden, in about 30 days, will rescind this disputed memorandum. [Backgrounder, from October — predicting this outcome, here.]

To be clear, I think the media hot takes are wrong — this one is dead. The tiny orange man has no time left to make it happen. I wish six Justices had more courage — to dump his attempt outright (as the Ninth Circuit did), but this was… a minimalists’ approach — to achieving the very same end.

This effectively ends the dispute — though the dissent is correct that the full nine justice Supreme Court should have directly said Baby T’s goal here was lawless. They did not. But the net effect here is that all whole persons will be counted — for apportionment in the US House’s districting process. “Winning — ugly“, is how I’d label it (but it is still a win, no doubt):

…The count here is complete; the present dispute involves the apportionment process, which remains at a preliminary stage. The Government’s eventual action will reflect both legal and practical constraints, making any prediction about future injury just that — a prediction. Everyone agrees by now that the Government cannot feasibly implement the memorandum by excluding the estimated 10.5 million aliens without lawful status…. [that is the per curium opinion — i.e., “everyone aggrees“.]

It is worth considering the costs of the Presidential memorandum’s departure from settled law. The modern census emerged from periods of intense political conflict, whereby politicians sought to exploit census procedures to their advantage. See Evans, 536 U. S., at 497 (THOMAS, J., concurring in part and dissenting in part); Montana, 503 U. S., at 451–452, and n. 25. In enacting the 1929 Act, Congress sought to address that problem by using clear and broad language that would cabin discretion and remove opportunities for political gamesmanship. History shows that, all things considered, that approach has served us fairly well. Departing from the text is an open invitation to use discretion to increase an electoral advantage. This produces the hostility that the 1929 Congress sought to resolve. Because I believe plaintiffs’ claims are justiciable, ripe for review, and meritorious, I would affirm the lower court’s holding…. [this last paragraph is quoting the dissent.]

The amount of money wasted over the last four years, repeatedly telling Tangerine Mussolini that the Constitution means what it says… has to have run into the middle hundreds of millions of dollars. It is… deplorable. But onward, grinning just the same… we are all but done — with this nightmare.

नमस्ते