City Of Portland Police Agree (To Avoid Contempt) That At Least Three Officers Will Not Ever Return To Street Duties: Press Infringement Cases

December 9, 2020December 9, 2020 ~ condor ~ Leave a comment

The federal “press oppression” case in Portland is not over, as it is up on appeal in the Ninth Circuit (an appeal Mr. Biden will without a doubt drop, once he takes office in January), and there are still damages that remain to be calculated at the trial level, but this is a nice bit of accepting responsibility, at the local level — by city leaders.

The City of Portland has stipulated — or agreed, in plainer English — that at least three specific, named officers (names here redacted from the public record for safety, but known to the parties and judge) currently being disciplined via the internal affairs process in that city, will not ever see street duty again — if they are not ultimately fired outright. [My backgrounder — one of a dozen over the Summer, from July 2020 — is here.]

Should any of them be assigned to street duty, the ACLU may renew its motion for contempt of court. So these goons are… done. Cashiered. Here’s a bit from the redacted stipulation:

…Plaintiffs allege the following facts, which they contend violated the Preliminary Injunction:

• That [name redacted] arrested ACLU Legal Observer Kat Mahoney on August 9, 2020, and dislocated her shoulder by picking her up by her handcuffs;

• That [name redacted] threatened ACLU Legal Observer Bruce Knivila on August 8, 2020;

• That [name redacted] assaulted journalist Maranie Staab by pushing her in the back when she was complying with his order to leave her location on August 10, 2020;

• That [name redacted] again assaulted journalist Maranie Staab in retaliation for her filming him pepper-spraying a protestor on September 29, 2020;

• That [name redacted] prevented ACLU Legal Observers Stasia Brownelland Rachelle Collins from filming arrest of Ms. Mahoney and grabbed Ms. Brownell by the throat and threw her to the ground on August 9, 2020;

• That [name redacted] assaulted journalist Maranie Staab in retaliation for her filming him assaulting a protester on August 16, 2020….

THEREFORE, the Parties agree as follows:

1. The City will continue its investigation of the allegations against [names redacted] and [name redacted];

2. Pending the resolution of its investigations, the City will remove [names redacted] and [name redacted] from public-order policing duty involving contact with the public;

3. If the City seeks to reinstate [names redacted] to public-order policing duty involving contact with the public before the completion of their respective disciplinary processes, the City will give Plaintiffs at least 3 days’ notice before doing so, so that Plaintiffs can move the Court for contempt….

Every little bit of progress, toward permanently ending the Trump-Barr star chamber goon squads should be cheered. So we will ride out into the sunshine on a mountain bike, by the very brisk lakeside air… grinning. Ever grinning. Onward.

नमस्ते

Now It Is Up To Us — To Be Sure We Never Again Elect Such A Wholly Corrupted Man.

December 8, 2020December 9, 2020 ~ condor ~ Leave a comment

Judge Sullivan’s 43 page opinion is here — and he is quite right (paraphrasing, here): the whole Flynn pardon stinks to high heaven. This is a sad day for the American experiment — the experiment that posits that we are a nation of laws, not men.

But yes, the Flynn case is now mooted — unless he is charged with crimes not related to these past four years. Here’s some of the quite approriate angst, from the able USDC judge in DC:

. . .[T]he Court finds both stated rationales dubious to say the least, arguably overcoming the strong presumption of regularity that usually attaches to prosecutorial decisions….

As an initial matter, whether or not the FBI agents thought Mr. Flynn was lying is irrelevant in a false statements case. See Brogan v. United States, 522 U.S. 398, 402 (1998). And the government has not explained how evidence that the government previously stated was “consistent and clear,” Gov’t’s Surreply, ECF No. 132 at 4-5; suddenly became “equivocal” or “indirect.” With regard to the “inconsistent records” rationale, the government has not pointed to evidence in the record in this case that contradicts the FD-302 that memorialized the FBI agents’ interview with Mr. Flynn. Furthermore, the government’s reliance on Director Comey’s opinion about whether Mr. Flynn lied is suspect given that Director Comey was not present at the interview and that there are valid questions regarding the admissibility of his personal opinion.

With regard to Mr. Flynn’s alleged “faulty memory,” Mr. Flynn is not just anyone; he was the National Security Advisor to the President, clearly in a position of trust, who claimed that he forgot, within less than a month, that he personally asked for a favor from the Russian Ambassador that undermined the policy of the sitting President prior to the President-Elect taking office. With regard to the government’s concerns about the Assistant Director for Counter Intelligence’s contemplating the goal of the interview, an objective interpretation of the notes in their entirety does not call into question the legitimacy of the interview.

Finally, and critically, under the terms of Mr. Flynn’s cooperation agreement, the government could have used his admissions at trial, see Plea Agreement, ECF No. 3 at 8 ¶ 11; but the government ignores this powerful evidence. Again, under Ammidown, the Court must be satisfied that the government undertook a “considered judgment.” 497 F.2d at 620. Asserting factual bases that are irrelevant to the legal standard, failing to explain the government’s disavowal of evidence in the record in this case, citing evidence that lacks probative value, failing to take into account the nature of Mr. Flynn’s position and his responsibilities, and failing to address powerful evidence available to the government likely do not meet this standard.

Thus, the application of Rule 48(a) to the facts of this case presents a close question. However, in view of the President’s decision to pardon Mr. Flynn, Mr. Flynn’s acceptance of the pardon, and for the reasons stated in the following section, the appropriate resolution is to deny as moot the government’s motion to dismiss pursuant to Rule 48(a)….

[A] pardon does not necessarily render “innocent” a defendant of any alleged violation of the law. Indeed, the Supreme Court has recognized that the acceptance of a pardon implies a “confession” of guilt. See Burdick, 236 U.S. at 94 (“[A pardon] carries an imputation of guilt; acceptance a confession of it.”); see also United States v. Schaffer, 240 F.3d 35, 38 (D.C. Cir. 2001) (“[A]cceptance of a pardon may imply a confession of guilt.” (citing In re North, 62 F.3d 1434, 1437 (D.C. Cir. 1994))….

We the people must do a better job of not nominating, and electing… crooks. Especially to the White House. Out.

With very happy birthday wishes — here this afternoon, for an adorable, vivacious baby girl! Grin!

नमस्ते

In The Ninth Circuit Appeals — By Team Dotard — Of The Flores “Try To Be An Actual… Human” Orders… I Want To Commend A Judge, For Recusing.

December 8, 2020December 8, 2020 ~ condor ~ Leave a comment

Proving that this will be (and of course, should be)… decided solely on the law, a highly-esteemed Ninth Circuit panel jurist, on Senior Status, has recused himself, from hearing and deciding this appeal.

This fine man, and a clearly long loyal American citizen spent time in the Poston, Arizona WW II Japanese internment camps as a child (but with his whole family).

He went on to serve his nation honorably as a US Marine — and he graduated Harvard Law. I am absolutely certain he has strong feelings about these lawless, failing and inhumane Orange Mussolini attempts to eviscerate the Flores consent decree. I am equally certain he would decide the matter, solely on the law — and it is crystal clear the government is in the wrong here.

And I am sure he trusts his fellow jurists to follow the law, and bounce this baseless appeal. He may even see sanctions entered against one Sarah Fabian. But I want to commend him, even though you will never hear his name, related to this decision — because he wisely took a step backward, to avoid any appearance of… anything untoward:

…A native of Santa Maria, California, as a child during World War II, Judge Tashima spent three years with his family in an American internment camp for the Japanese in Poston, Ariz. Tashima graduated from the University of California, Los Angeles, with his bachelor’s degree in 1958, and from Harvard Law School with his LL.M. in 1961….

In addition, Judge Tashima served as a sergeant in the U.S. Marine Corps from 1953 to 1956….

Judge Tashima was the first Japanese-American in the history of the United States to be appointed to a United States Court of Appeals….

Thank you Judge Tashima. We (as grateful Americans) are in your debt, for your now over 60 years of faithful service to our nation’s ideals. Thank you. Onward… smiling.

नमस्ते

“One Of These Things… Is Not Like The Others…” But Very Clever, And Whimsical, Just The Same — So It Earns A Mention…

December 7, 2020December 7, 2020 ~ condor ~ Leave a comment

It is absolutely clear that this is no McCracken [as it is decidedly pointed at the top, like many a post-modern skyscraper]. It may not even be made of metal, at all. But it does sport a very nicely burnished faux metallic golden paint job.

And, most of the Spanish language tweets (like the one quoted below) that depict photos of this one (“found” apparently on Sunday in a field about an hour north of downtown Bogata — in a small town called Chia, which in turn is home to an… astronomy-related museum or institute, of some sort)… make comments humorously tying “the end is near” sentiment — to the end of runaway inflation, in the country.

So for all these whimsical and clever reasons, it deserves a post of its own. One tweep, then:

…Encuentran Monolito en Chía.

Se acerca el fin, el fin de los precios altos.

#MonolitoEnColombia…

It increasingly looks like a pretty smooth planetary arc may be drawn from Moab, through the Northern Netherlands one, down to Romania (but not really to either Joshua Tree or Pine Mountain in California — or north of Bogata)… so I am increasingly inclined to rule the latter three out, as non-genuine articles. [Because… what reputable scientist worth his or her salt… hasn’t eliminated data-points that refused to be forced into a pre-conceived narrative?!]

Onward, ever smiling — at the crinkled corners of my green Irish eyes… be excellent to one another… ’tis the season… to show your feelings, about those you truly care for. Smile.

नमस्ते

By Late Afternoon On This Wednesday, The Real Lady A Trademark Settlement Conference(s) Should Have Concluded…

December 7, 2020December 7, 2020 ~ condor ~ Leave a comment

This is just a short update to indicate that should the settlement efforts this week fail, the Seattle federal district court has penciled in a December 13, 2021 trial date — about a year out, but to get to a jury that soon would be a major speed record in a federal trademark trial. [Backgrounder of mine, here.]

The Western District of Washington’s federal courts are moving with more speed than the Nashville ones.

Here’s a bit of that schedule (and the full order), should there be no settlement this week.

…JURY TRIAL DATE December 13, 2021

Length of Trial 6 days

Deadline for joining additional parties January 4, 2021

Deadline for amending pleadings January 4, 2021….

Deadline for filing motions related to discovery: July 16, 2021….

Discovery completed by August 16, 2021….

And here is a separate not entirely sensible preliminary order entered last week in Nashville — which requires Ms. White to explain specifically why certain items from the jurisdictional discovery deposition should remain sealed.

In addition, In Nashville, we await briefing on whether the suit will go forward in both districts, or be moved to Seattle — depending on whether the country group (with millions in sales, a vast network of national and international venues and a global reputation) had the right to sue Ms. White (an individual regional artist, of necessarily limited means) in what is a far-away forum, for her.

We shall see — I am hopeful that via this week’s settlement conferences, the white country group will. . . pay up (in a sensible lower single digit millions of dollars) for the right to use the Real Lady A’s prior-in-time common law marks. At about $3 million, or so — I would counsel Anita White to agree to let the two acts co-exist under the “Lady A” mark. [This the country group had only offered, in return for “letting” the real Lady A… keep using her name, with no compensation from them. Insane.]

So, I’d say that if seven figures are not on the table by late Wednesday — I’d advise her to push on to a jury trial, where she might win into the low teens of millions of dollars, in damages — from these arguably willful (and well-heeled) infringers.

नमस्ते

[U: 12.15.2020 — Audio Of Argument] In Exactly One Week, TikTok Will Be Argued Before The DC Circuit — In An Appeal From A Complete Loss, By Team Dotard.

December 7, 2020November 21, 2021 ~ condor ~ 2 Comments

UPDATED: Here is a link to the full mp3 audio file, of the argument. As I predicted — Ms. Brinkman for TikTok and ByteDance simply buried the government — as did the peppering questions from the DC Circuit panel of jurists more broadly. End update. Baby T lost here.

This will be… a brutal ten minutes, for the would-be lamb, sent as a… snack-rifice, by Team Orange — to try and defend the nonsense — to the capable Appeals Court jurists.

We will live blog it. But for now, one week out — just know that there is no Universe in which the suppression by the government, of such pure speech on US soil, could survive scrutiny.

This alone causes us to awaken… smiling.

And, even if it were lawful — it is not — it cannot be accomplished as a technical matter. Onward — to a fun-filled week ahead.

नमस्ते

Hinderaker Cannot Fathom A High-Turnout US Election In Which Trump Loses. I Can — We Just Saw It. Like 2008 & McCain’s Loss.

December 6, 2020April 18, 2023 ~ condor ~ Leave a comment

There is almost nothing worth considering in John’s latest, as he claims that Trump cannot have lost any election in which he got more votes than he got in 2016 (a fact). I guess John doesn’t understand much of anything… about high-turnouts, and highly motivated voters.

Let us take him to school, then:

Consider that in 2008, voters were completely fed up with the Bush-Cheney lawless foreign policies, and the turning of a blind eye to/allowance of graft on Wall Street that led to the collapse of Lehman, and then the full on financial melt-down of 2007-08.

Consider, eerily similarly, that voters were completely fed up with tax cuts for billionaires (and Trump’s ongoing tax frauds — while breaching on his promise to release his tax returns after the 2016 election), all while ordinary single moms of limited means worked two or three jobs, and still couldn’t afford medicines for their children.

Consider Trump golfing all through January, February and March — his ignoring of now over 270,000 largely avoidable COVID-19 fatalities. The ordinary voters… were with children in cages, and demonization of wholly peaceful people whose faith differed from hard right Republican zealots. They were fed up with Ivanka and Jared making perhaps $120 million “off the books”, on various federal government assisted collusive privatized “deals” — while sitting in position to influence policy in the West Wing. They were fed up with Melania paying herself $25 million for the 2017 Inaugural party. They were fed up with Trump forcing the government to pay $950 a night for every room for his protective details, while staying in Scotland, at Trump owned properties. And on and on and on.

So it is… that there was very high voter interest — and voter turnout (D, and to be fair, R as well)– and that turnout was well beyond the small sub-set of bubbas who own boats, and were Boaters for Trump… sinking several of their own ships, in their own tiny navy for five weekends straight this summer.

The turnout was very high from vast, lower income apartment complexes, in many, many large cities. Many registered and voted for the first time in over a decade.

And there were over four million voters who came of voting age for the first time, after the 2018 midterms. It is obvious that the cities, and the newest voters, all voted overwhelmingly to rid America of Trump.

That the more-usual form of turnout was seen down ticket, and many Republicans held their local seats is no surprise. None at all.

Nor is it in any way suspicious. People came out — and did what they said they would do: they voted Biden in droves, to be sure Trump was gone — and then after waiting perhaps five hours in line, as a first time voter… they dropped the ballot in the box.

They didn’t stick around to vote down ticket. So what?

In a high turnout world, Mr. Biden actually won by a smaller margin than Mr. Obama did in 2008. But more votes were cast, overall.

So you go right ahead, and spew forth all your whiny but lawful resisting, John. That is your American right. But be assured…

It won’t matter. The Senate is going blue in January, as both Georgia runoffs end with Democratic candidates being seated in the Senate.

More to the point, our four years of resistance was so effective because Trump was too incompetent to do much of anything in a lawful manner. So the federal courts shredded him, something like 136 to about 15.

Biden/Harris know how to follow the law — and they will, in setting and achieving their policy goals. It may take a little longer, but theirs will won’t be invalidated by litigation.

“Heckuva’ job, there Johnny, and Trumpy!”

Onward.

A More Likely Fourth/Fifth Monolith: In A Remote Northern Nature Preserve In The Netherlands… Solidly-Frozen Into A Bog…

December 6, 2020December 6, 2020 ~ condor ~ Leave a comment

I still think it possible that the Joshua Tree one is genuine — and that so-called arts collective group has just drafted onto the hype cycle, looking to make $45,000 a throw… but if “the Joshua” is not a genuine McCracken, this latest one may well be. It appears to have been there for quite some time, the sheen having dulled over time, presumably from sediment deposits, and it is… frozen into the bog, now. There were no recent footprints near it, in the bog (which would readily preserve such evidence) — so perhaps more than one annual cycle of snow / freeze / thaw / growth has passed since it was placed.

So it — like the Moab one — may have taken years for the public to “discover”. But to be fair, it too might be a low brow stunt. Here’s the story, as we are getting it:

…On Sunday morning, a group of people on a morning stroll came across a towering metal structure in the heart of Kiekenberg nature reserve.

The monolith, near the village of Oudehorne, was covered in ice and surrounded by a small pool of water….

We shall see… but I am now given to wonder what other lines. . . might intersect with the Moab-to-Aldeboarn “global meridian” — smiling….

नमस्ते

In Which Hinderaker Joins A Now De-Frocked Oregon MD — In COVID Mask Lies. Deplorable.

December 6, 2020December 6, 2020 ~ condor ~ Leave a comment

In this recent post, Hinderaker said he’d seen no evidence that masks work. Okay — since he cannot read the CDC’s public web pages for comprehension:

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Anindita M, Das K.COVID-19 Pandemic: Is Cloth Mask Really Protect Public From SARS-CoV-2? (The way of handling to get Results) (May 2020). https://www.ijisrt.com/assets/upload/files/IJISRT20MAY228.pdf

Lustig SR, Biswakarma JJH, Rana D, et al. Effectiveness of Common Fabrics to Block Aqueous Aerosols of Virus-like Nanoparticles (May 2020). https://pubs.acs.org/doi/abs/10.1021/acsnano.0c03972

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