As We Predicted, And On A Sunday No Less(!), Ninth Circuit Says Trump Loses — On Second Appeal Of “Isolating / Hotelling” Minor Refugees.

This is the fully-expected decision on the argument we covered from last week, in which Sarah Fabian sent an underling because she knew she would lose.

But the rule of law — and human decency won, yesterday, if entirely as expectedly, as we said — in a 16 page opinon:

…The district court issued two orders precluding the Department of Homeland Security (“DHS”) from detaining certain minors in hotels for more than a few days in the process of expelling them from the United States. Addressing the government’s emergency motion for a stay, we conclude that the government is unlikely to succeed on the merits of its appeal, as we likely do not have jurisdiction over the appeal.

The government also has not established that it would be irreparably harmed if it were obliged to comply with the district court’s orders while the appeal is pending. We therefore deny the government’s motion for a stay….

The government asserted at oral argument that this Court has jurisdiction over the appeal because the district court’s orders require the government to take “specific actions,” not simply to comply with the Agreement. Flores II held that we did not have jurisdiction to review the district court’s order enforcing the Agreement at issue in that case. There, we distinguished Flores I, in which we exercised appellate jurisdiction over the district court’s order requiring the government to take “specific actions,” such as releasing a minor’s accompanying parent. Flores II, 934 F.3d at 914 n.5. In Flores I, however, the district court’s order required the government to take actions that the Agreement did not require (i.e., releasing adults along with their children). See Flores I, 828 F.3d at 908. The order thus modified the Agreement, and provided a basis for concluding, as the opinion did without explanation, that there was jurisdiction under 28 U.S.C. § 1292(a). Id. at 905.

Here, in contrast, as in Flores II, the district court just directed compliance with the Agreement, specifying in its September 4 order the paragraph of the Agreement being implemented by each directive: DHS must ordinarily transfer minors held for longer than three days to a licensed facility, as required by paragraph 12.A of the Agreement, see Sept. 4 Order, 2020 WL 5491445, at *10; Sept. 21 Order, 2020 WL 5666550, at *4….

The government has not shown that the district court’s orders require it to take actions not required by the Agreement. We therefore conclude that we likely do not have jurisdiction over the appeal, and that for that reason, the government has not shown a strong likelihood of success on the merits….

Onward, into a perfectly crisp, sunny fall morning here. Grinning, sardonically, at Trump’s ongoing and self immolating. . . narcissism (see new masthead). Almost all of the rage tweeting this morning by Trump is likely a side effect of the steroids he is on, to reduce the lung inflammation. This man is seriously ill (Remdesivir, plus monoclonal antibody cocktails and steroids) — and this time (and this time, only!), I am talking only about his COVID-19 morbidity risks.

नमस्ते

Time To Become Realistic, GOP: You STILL Don’t Have The Votes… For ACB.

The Atlantic beat me to it: it has written, and published, a much-better version of a piece I was working on, in first draft this morning.

Since about Friday afternoon (which now feels like… a month ago, in political calculus time!), the entire landscape for the last thirty days of Trump’s reign… experienced nothing less than. . . an 7.0 magnitude earthquake. Mid-last week, the GOP claimed it was cruising to an election day confirmation of ACB.

Even if we assume that no one else on the GOP side of the Senate falls ill to the COVID-19 super-spreader events of the last two weeks… it seems the Trump team is about two votes short. [I part company — in small measure at least — with The Atlantic, in as much as I expect Mitt Romney will vote thumbs down, if it comes down to his vote being the 51st.]

He is likely to play the role of John McCain (as a pale understudy, in truth), in this King Lear drama, should it come to that. To be clear though, I no longer think she will get an up or down floor vote, before the election — and with Trump now down around 14 per cent, to Biden, in the national polls, post the debate and diagnosis… she certainly won’t get one, after.

I’ll go out on a limb, and say, despite Sen. McConnell’s bluster — am ready to call it… GAME OVER. It. Will. Not. Happen. Even if Trump is back at full-speed in four elapsed days (i.e., not likely). Here’s The Atlantic’s version of it:

…Republicans [still] have a 53–47 majority in the Senate, but two of their members, Senators Susan Collins of Maine and Lisa Murkowski of Alaska, have said they oppose holding a vote to confirm a Supreme Court justice before the election. The Senate isn’t expected to hold a final vote until the end of the month, but were Lee, Tillis, and Johnson to be absent [Ed. Note: all three have tested positive, now], Republicans wouldn’t have a majority to approve her without the support of Collins and Murkowski. (All 47 Democrats are likely to vote no, in part out of anger that McConnell plans to jam a nominee through after he refused to hold a vote on President Barack Obama’s nomination of Judge Merrick Garland in 2016.)

It’s also possible that more Republican senators will come down with the virus in the next few days; multiple GOP lawmakers are now quarantining after having been exposed to their colleagues or others who are infected….

One might be tempted to reprise Jim Carrey’s Joe Biden of last night (on SNL, doing the debate send up): “imagine, for a moment, if science and… karma… came together, all at once… just imagine it!” Onward, into a glorious fall late afternoon in the… woods. Perfect.

नमस्ते

Esteemed Law Professors Sue Trump — To Be Able To Continue Representing Officials, Before The International Criminal Courts / The UN…

Once again, the federal trial courts are being asked to enjoin that same Trump purported order (under which he’s already lost, in his efforts to ban WeChat and TikTok).

This is a case we’ve just started covering, out of Manhattan — it was filed Friday. It is hard to imagine a world where US lawyers would be prohibited from representing clients, via inside-US secure communication links. . . solely based on the name of the client, as determined arbitrarily by some Trump acolyte. But that is exactly what Trump proposes — and will again lose upon.

The same section of the statute he claimed to rely on (and in fact violated, with these actions — according to the holdings of at least two courts, now) is cited by the law professors, as well as the First, and Fifth Amendments. Here is the well-drafted 37 page complaint at law (they are law professors, afterall!), and a bit:

…The Executive Order and the Regulations violate the First Amendment by barring Plaintiffs from engaging in certain speech and advocacy to support the ICC, and by subjecting Plaintiffs to the prospect of civil or criminal sanctions, and designation, for engaging in that speech or advocacy….

The Executive Order’s terms “materially assisted,” “material… support,” and “services to or in support of” [also] violate the Fifth Amendment because they provide no notice to Plaintiffs as to what acts are prohibited, and permit arbitrary enforcement of the Executive Order….

The Executive Order’s term “foreign person” violates the Fifth Amendment because it provides no notice to Plaintiffs as to whether they could be subject to designation under the Executive Order, and permits its arbitrary enforcement….

The Regulations violate the Fifth Amendment by failing to clarify the meaning of any of these terms….

IEEPA does not authorize the President to “regulate or prohibit, directly or indirectly. . . the importation from any country, or the exportation to any country, whether commercial or otherwise, regardless of format or medium of transmission, of any information or informational materials, including but not limited to, publications, films, posters, phonograph records, photographs, microfilms, microfiche, tapes, compact disks, CD ROMs, artworks, and news wire feeds.” 50 U.S.C. § 1702(b)(3)….

Plaintiffs past and planned future acts include the importation and/or exportation of “information or informational materials” within the meaning of IEEPA….

Onward, into a fully-shrouded Halloween meme / theme… as the above graphic would indicate… and grinning, ear to ear — with floating flowers unfolding in water, complemented by. . . airplanes, in tempura paint. I am genuinely gratified to read that Trump may be out of Walter Reed by late Monday. I do wish him very good health — primarily so that he may live a long while, with the weight of the consequences of his malfeasance on his mind, whether in a jail cell — or elsewhere. Smile.

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A Long-Form Sunday Night’s “Ghost Story” Read, From Edgar Allan Poe — With Deep Meaning — For Today’s Events…

Apparently, Professor Tribe, a fine law professor, has remembered that Poe was… prophetic, in irony likely unmatched in centuries, now — if one envisions the White House Rose Garden lawn, of last Saturday, and the tightly-packed (but instead of a masquerade — all masked), almost universally maskless gala there held by all the high and mightiest, in the world of… Trumpism.

These lower class (but monied) would-be aristocrats substitute nicely for the attendees at Prince Prospero’s masquerde ball:

…The “Red Death” had long devastated the country. No pestilence had ever been so fatal, or so hideous. Blood was its Avatar and its seal — the redness and the horror of blood. There were sharp pains, and sudden dizziness, and then profuse bleeding at the pores, with dissolution. The scarlet stains upon the body and especially upon the face of the victim, were the marks which shut him out from the aid and from the sympathy of his fellow-men. And the whole seizure, progress and termination of the disease, were the incidents of half an hour….

But the Prince Prospero was happy and dauntless and sagacious. When his dominions were half depopulated, he summoned to his presence a thousand hale and light-hearted friends from among the knights and dames of his court, and with these retired to the deep seclusion of one of his castellated abbeys.

This was an extensive and magnificent structure, the creation of the prince’s own eccentric yet august taste. A strong and lofty wall girdled it in. This wall had gates of iron. The courtiers, having entered, brought furnaces and massy hammers and welded the bolts. They resolved to leave means neither of ingress nor egress to the sudden impulses of despair or of frenzy from within. The abbey was amply provisioned. With such precautions the courtiers might bid defiance to contagion. The external world could take care of itself. In the meantime it was folly to grieve, or to think. The prince had provided all the appliances of pleasure. There were buffoons, there were improvisatori, there were ballet-dancers, there were musicians, there was Beauty, there was wine. All these and security were within. Without was the “Red Death”.

It was towards the close of the fifth or sixth month of his seclusion, and while the pestilence raged most furiously abroad, that the Prince Prospero entertained his thousand friends at a masked ball of the most unusual magnificence.

It was a voluptuous scene, that masquerade. But first let me tell of the rooms in which it was held. These were seven—an imperial suite. In many palaces, however, such suites form a long and straight vista, while the folding doors slide back nearly to the walls on either hand, so that the view of the whole extent is scarcely impeded. Here the case was very different, as might have been expected from the duke’s love of the bizarre. The apartments were so irregularly disposed that the vision embraced but little more than one at a time. There was a sharp turn at every twenty or thirty yards, and at each turn a novel effect. To the right and left, in the middle of each wall, a tall and narrow Gothic window looked out upon a closed corridor which pursued the windings of the suite. These windows were of stained glass whose colour varied in accordance with the prevailing hue of the decorations of the chamber into which it opened. That at the eastern extremity was hung, for example in blue—and vividly blue were its windows. The second chamber was purple in its ornaments and tapestries, and here the panes were purple. The third was green throughout, and so were the casements.

The fourth was furnished and lighted with orange — the fifth with white — the sixth with violet. The seventh apartment was closely shrouded in black velvet tapestries that hung all over the ceiling and down the walls, falling in heavy folds upon a carpet of the same material and hue. But in this chamber only, the colour of the windows failed to correspond with the decorations. The panes here were scarlet—a deep blood colour. Now in no one of the seven apartments was there any lamp or candelabrum, amid the profusion of golden ornaments that lay scattered to and fro or depended from the roof. There was no light of any kind emanating from lamp or candle within the suite of chambers. But in the corridors that followed the suite, there stood, opposite to each window, a heavy tripod, bearing a brazier of fire, that projected its rays through the tinted glass and so glaringly illumined the room. And thus were produced a multitude of gaudy and fantastic appearances. But in the western or black chamber the effect of the fire-light that streamed upon the dark hangings through the blood-tinted panes, was ghastly in the extreme, and produced so wild a look upon the countenances of those who entered, that there were few of the company bold enough to set foot within its precincts at all.

It was in this apartment, also, that there stood against the western wall, a gigantic clock of ebony. Its pendulum swung to and fro with a dull, heavy, monotonous clang; and when the minute-hand made the circuit of the face, and the hour was to be stricken, there came from the brazen lungs of the clock a sound which was clear and loud and deep and exceedingly musical, but of so peculiar a note and emphasis that, at each lapse of an hour, the musicians of the orchestra were constrained to pause, momentarily, in their performance, to harken to the sound; and thus the waltzers perforce ceased their evolutions; and there was a brief disconcert of the whole gay company; and, while the chimes of the clock yet rang, it was observed that the giddiest grew pale, and the more aged and sedate passed their hands over their brows as if in confused revery or meditation. But when the echoes had fully ceased, a light laughter at once pervaded the assembly; the musicians looked at each other and smiled as if at their own nervousness and folly, and made whispering vows, each to the other, that the next chiming of the clock should produce in them no similar emotion; and then, after the lapse of sixty minutes, (which embrace three thousand and six hundred seconds of the Time that flies,) there came yet another chiming of the clock, and then were the same disconcert and tremulousness and meditation as before.

But, in spite of these things, it was a gay and magnificent revel. The tastes of the duke were peculiar. He had a fine eye for colours and effects. He disregarded the decora of mere fashion. His plans were bold and fiery, and his conceptions glowed with barbaric lustre. There are some who would have thought him mad. His followers felt that he was not. It was necessary to hear and see and touch him to be sure that he was not.

He had directed, in great part, the movable embellishments of the seven chambers, upon occasion of this great fête; and it was his own guiding taste which had given character to the masqueraders. Be sure they were grotesque. There were much glare and glitter and piquancy and phantasm—much of what has been since seen in “Hernani”. There were arabesque figures with unsuited limbs and appointments. There were delirious fancies such as the madman fashions. There were much of the beautiful, much of the wanton, much of the bizarre, something of the terrible, and not a little of that which might have excited disgust. To and fro in the seven chambers there stalked, in fact, a multitude of dreams. And these—the dreams—writhed in and about taking hue from the rooms, and causing the wild music of the orchestra to seem as the echo of their steps. And, anon, there strikes the ebony clock which stands in the hall of the velvet. And then, for a moment, all is still, and all is silent save the voice of the clock. The dreams are stiff-frozen as they stand. But the echoes of the chime die away—they have endured but an instant—and a light, half-subdued laughter floats after them as they depart. And now again the music swells, and the dreams live, and writhe to and fro more merrily than ever, taking hue from the many tinted windows through which stream the rays from the tripods. But to the chamber which lies most westwardly of the seven, there are now none of the maskers who venture; for the night is waning away; and there flows a ruddier light through the blood-coloured panes; and the blackness of the sable drapery appals; and to him whose foot falls upon the sable carpet, there comes from the near clock of ebony a muffled peal more solemnly emphatic than any which reaches their ears who indulged in the more remote gaieties of the other apartments.

But these other apartments were densely crowded, and in them beat feverishly the heart of life. And the revel went whirlingly on, until at length there commenced the sounding of midnight upon the clock. And then the music ceased, as I have told; and the evolutions of the waltzers were quieted; and there was an uneasy cessation of all things as before. But now there were twelve strokes to be sounded by the bell of the clock; and thus it happened, perhaps, that more of thought crept, with more of time, into the meditations of the thoughtful among those who revelled. And thus too, it happened, perhaps, that before the last echoes of the last chime had utterly sunk into silence, there were many individuals in the crowd who had found leisure to become aware of the presence of a masked figure which had arrested the attention of no single individual before. And the rumour of this new presence having spread itself whisperingly around, there arose at length from the whole company a buzz, or murmur, expressive of disapprobation and surprise — then, finally, of terror, of horror, and of disgust.

In an assembly of phantasms such as I have painted, it may well be supposed that no ordinary appearance could have excited such sensation. In truth the masquerade licence of the night was nearly unlimited; but the figure in question had out-Heroded Herod, and gone beyond the bounds of even the prince’s indefinite decorum. There are chords in the hearts of the most reckless which cannot be touched without emotion. Even with the utterly lost, to whom life and death are equally jests, there are matters of which no jest can be made. The whole company, indeed, seemed now deeply to feel that in the costume and bearing of the stranger neither wit nor propriety existed. The figure was tall and gaunt, and shrouded from head to foot in the habiliments of the grave. The mask which concealed the visage was made so nearly to resemble the countenance of a stiffened corpse that the closest scrutiny must have had difficulty in detecting the cheat. And yet all this might have been endured, if not approved, by the mad revellers around. But the mummer had gone so far as to assume the type of the Red Death. His vesture was dabbled in blood—and his broad brow, with all the features of the face, was besprinkled with the scarlet horror.

When the eyes of the Prince Prospero fell upon this spectral image (which, with a slow and solemn movement, as if more fully to sustain its role, stalked to and fro among the waltzers) he was seen to be convulsed, in the first moment with a strong shudder either of terror or distaste; but, in the next, his brow reddened with rage.

“Who dares,” he demanded hoarsely of the courtiers who stood near him — “who dares insult us with this blasphemous mockery? Seize him and unmask him — that we may know whom we have to hang, at sunrise, from the battlements!”

It was in the eastern or blue chamber in which stood the Prince Prospero as he uttered these words. They rang throughout the seven rooms loudly and clearly, for the prince was a bold and robust man, and the music had become hushed at the waving of his hand.

It was in the blue room where stood the prince, with a group of pale courtiers by his side. At first, as he spoke, there was a slight rushing movement of this group in the direction of the intruder, who at the moment was also near at hand, and now, with deliberate and stately step, made closer approach to the speaker. But from a certain nameless awe with which the mad assumptions of the mummer had inspired the whole party, there were found none who put forth hand to seize him; so that, unimpeded, he passed within a yard of the prince’s person; and, while the vast assembly, as if with one impulse, shrank from the centres of the rooms to the walls, he made his way uninterruptedly, but with the same solemn and measured step which had distinguished him from the first, through the blue chamber to the purple — through the purple to the green — through the green to the orange — through this again to the white — and even thence to the violet, ere a decided movement had been made to arrest him.

It was then, however, that the Prince Prospero, maddening with rage and the shame of his own momentary cowardice, rushed hurriedly through the six chambers, while none followed him on account of a deadly terror that had seized upon all. He bore aloft a drawn dagger, and had approached, in rapid impetuosity, to within three or four feet of the retreating figure, when the latter, having attained the extremity of the velvet apartment, turned suddenly and confronted his pursuer. There was a sharp cry — and the dagger dropped gleaming upon the sable carpet, upon which, instantly afterwards, fell prostrate in death the Prince Prospero. Then, summoning the wild courage of despair, a throng of the revellers at once threw themselves into the black apartment, and, seizing the mummer, whose tall figure stood erect and motionless within the shadow of the ebony clock, gasped in unutterable horror at finding the grave cerements and corpse-like mask, which they handled with so violent a rudeness, untenanted by any tangible form.

And now was acknowledged the presence of the Red Death. He had come like a thief in the night…. And one by one dropped the revellers in the blood-bedewed halls of their revel, and died each in the despairing posture of his fall. And the life of the ebony clock went out with that of the last…. And the flames of the tripods expired. And Darkness and Decay and the Red Death held illimitable dominion over all….

Truly an apt allegory for our times, courtesy of the public domain Gutenberg Project, with a nod to Laurence Tribe who tweeted the idea for it. Smiling, and widely so… now. G’night….

नमस्ते

In Which Hinderaker Focuses On Some Texts, In A North Carolina Senate Race…

This is minor news, at best — in the scheme of what might have been a quiet news day.

But this isn’t remotely a quiet news day, or three.

John would tell us that these are deplorable texts. I won’t read them.

But John and his co-bloggers are deathly silent about the fact that Mark Meadows, WH Chief of Staff (later today) has only semi- off the record confirmed that Trump’s condition remains serious, saying the next 48 hours will be critical.

That’s the survival of the putative leader of the free world, in an alarming story, now completely verified. But utter silence from Hinderaker. Disgusting.

Obviously, the president’s physicians are at best gilding the lilly about his prognosis. [The WH Press Secretary apparently can’t even be bothered to spell the drug name correctly.]

This is a story that (aside from all else) proves his people… almost never tell the truth to the press, or the American people. His leadership… is a tale of… deceptions, and repeated failures.

John… has simply lost all perspective (on what should be an above the fold story).

I should also mention that Hinderaker told us in 2016… and again in 2017, that when Trump said “grab her by the p#ssy“, or when Trump actually slept with numerous women, outside his marriage(s)… (and/or apparently, violently sexually assaulted more than one woman, in the flesh) — these matters would be personal conduct matters… “largely irrelevant“ — to his fitness to RUN the nation. and, according to John, the Epstein prosecution was simply a move to embarrass… Trump — just pattern conduct — overcharging, in New York.]

However, in order to be just one vote of 100, in the upper chamber of our legislature… he now believes some racy texts are… disqualifying?!

C’mon man… (I am not condoning it — it is wrong, to be certain) but….

There you have it. Rape vs. texting — in the land of Hinderaker’s personal… lunacy.

Onward.

Awaiting Official Walter Reed Medical Disclosures — On Trump’s COVID-19 Condition — And Prognosis…

It may well be that nothing of use is said.

But if something is — we will cover it. We do know that in addition to the Regeneron monoclonal antibodies cocktail, he is getting the candidate at right, on an experimental basis. These in turn imply respiratory difficulties.

…He’s been placed on a five day course of Remdesivir — not on oxygen at this point….

The negative phrasings — of the answers to the questions — all all but admit that he was on oxygen last evening when he was airlifted to Walter Reed. Hi-res photos have all but verified that. Onward, in the time of the Rose Garden Super-Spreader Event fallout….

नमस्ते

So… Two Decades On, Hinderaker Goes Full-On “Fake But Accurate”; Irony Falls Dead

John has simply… slayed irony tonight. Bone and marrow; hip and thigh.

He endorses and features a completely false political ad.

He comes within a syllable or three of calling it “fake but accurate.”

Astonishingly… he’s come full circle — and waxed fully… cynical.

May you live then, John — to see your now two decades old attempt at crucifixion of a good man… was no crowning glory — but rather, a mark of ignominy.

Out.

John Is Now Desperate To Discuss Anything But Trump’s ENTIRELY Self-Inflicted, And Increasingly Serious Case Of COVID-19

Earlier today, as we first learned that Trump had symptoms — not just a positive result on a test… John blathered on about a newly built local government funded Minnesota morgue being… under-utilized.

This is so, because fewer died in Minnesota, thus far, than expected. Normal humans would be glad for this. But we are talking about Hinderaker. This is a… crime, to hear him tell it: being prepared is a bad thing, we are told. And conveniently missing from John’s screed is the undisputed fact that the COVID-19 dying is very far from over, in Minnesota, and the nation generally. We are likely on the front end of a second wave, as Trumps’ cases remind us. But to John, being ready for bad outcomes… is wasting taxpayer money he could see the state use… for… I dunno… what? Uh…. fish hatcheries, and such. And junk. Charming.

His second entry — from this afternoon — intones that it is deeply unfair to this president… that these moderate to not entirely horrific latest job numbers aren’t being fawned over, as the grease to get Trump a second term. That one simply ignores that ~20 million jobs were lost by Trump’s own hand, earlier in the year.

See at right — he will without doubt now go down in history as the president who presided over more job losses, in one term, than any president… ever. EVER. In 240 years. But sure John, yeah — he “deserves” a second term [just like he deserves a Nobel, for some stupid non-deal in the Middle East — yes, John even threw that in there].

All of which wholly ignores that Trump has likely caused his own now increasingly serious case of viral infection, by refusing to follow well-settled pandemic abatement bio-science.

To be clear, I will not “demonize” him, for getting sick — but I’ll be damned if I’ll ever vote for a leader so obviously careless with his own (to say nothing of 210,000 other Americans’) very lives. And counting.

But F. Scott Fitzgerald was certainly right — about people like John, and people like Trump (from Gatsby):

“…They were careless people — they smashed up things and creatures and then retreated back into their money or their vast carelessness, or whatever it was that kept them together, and let other people clean up the mess they had made….”

No — Trump is all done, as a now-failed politician (ever after the boorish, childish “debate” prformance, at least). And, more importantly — as a… failed… human.

John now skirts… in real danger of… much the same.

The “Fire-Hose Full Of News” — Gushing Court Opinions AGAINST Trump’s Lawlessnes… Continues. We Are Falling Behind, Here: East Bay IV Edition

Two nights ago (we apologize — as there is just so much going on at the moment!), the able Judge White — in San Francisco — with immediate effect, preliminarily enjoined this price gouging nonsense, nationwide. He issued a very well-reasoned 35 page order and opinion. Trump will appeal — but there will be no effectiveness to this lawless measure, not without an affirmative act in the upper courts.

Here’s a bit of it — but do go read it all:

…[T]his is not a situation where a rule promulgated by a different agency could impact a rule being proposed by DHS. Rather, these were two rules proposed by the same agency, at the same time, on overlapping topics. Further, DHS published the Final Rule in this case on August 3, 2020. The final rule that impacted the waiting period had been published in June. Thus, DHS’ reference in the Final Rule to a 180-day waiting period was, by that time, demonstrably inaccurate.

By failing to consider the combined impact of these rules, DHS either failed to consider an important aspect of the problem and disregarded “inconvenient facts” about the combined impact of these rules, Fox, 556 U.S. at 537, or DHS reached a conclusion that defies common sense, cf. Casa de Maryland, 2020 WL 5500165, at *28 (“It is axiomatic that without being able to work, asylum applicants lack the resources to pursue their claims.”). Either situation lends further support to the conclusion that Plaintiffs would be likely to succeed on the merits of this aspect of their challenge to the Final Rule….

Now you know. Onward, with a hope for healing, from all the viral outbreaks — racism, xenophobia and sexism, plainly included.

नमस्ते

[U, X 4] With Hope Hicks AND TRUMP Now Reportedly Symptomatic, I Will Simply Wish The Trumps A Full-Recovery. But, Indeed, As Irony Would Have It: “it is… what it is.”

Updated — Trump has been airlifted to Walter Reed, and is getting the experimental Regeneron monoclonal antibodies cocktail (possible off-target effects include anaphylaxis). That does not sound likely as an approach — for a mild case. [Earlier… Kelly Anne Conway is positive; was in Rose Garden last Saturday….] Both of the Trumps are “mildly” symptomatic, as of mid-morning DC time; the RNC Chairwoman has tested positive and is in quarantine in rural Michigan. Fr. Jensen, Notre Dame president, and an attendee at the ACB announcement on the White House Rose Garden lawn, on Saturday… has tested positive. ACB apparently recovered from COVID-19 earlier this summer. Mr. Lee (R.), of Utah, was also an attendee — and is positive. This is a spreader event now unfolding, in real time. End update.

Here is my dilemma as a follower of scientific, empirical evidence: he is a well-documented pathological liar. So, for better or worse, I immediately wonder what he gains — by faking a positive test. Sympathy from his base, certainly — and perhaps a talking point, going into November — as he (again, falsely) “beats” a virus he never contracted — and makes endless pitches that “it is no worse than a flu“. [Even so, I do cringe, a bit — that these last four years’ experience. . . have rendered me this… cynical.]

OTOH, I am a compassionate human, and if (as widely reported) Hope Hicks is showing symptoms, in addition to having tested positive — I wish her only the best. A full and speedy recovery. She is likely already on the drug candidate at right.

Having said that, and given that they all (Hope, Melania and Donald) flew on Air Force One twice as late as Wednesday afternoon, it seems reasonably likely that the commander-in-chief will, at age 74 (and obese, with a poor diet, overall), become symptomatic — if in fact, a 30-something Hope Hicks is now a fully-symptomatic case (i.e., sick with) COVID-19 virus. Moreover, the bio-scientific / pandemic transmission evidence, for the “clustering” of full-on COVID-19 cases, of this sort… is essentially now overwhelming.

So — on balance — even accepting that Trump might gain a marginal talking point advantage, by faking a positive test, I suspect in a very few days, even with the entire West Wing on Remdesivir, we now will soon hear that both Donald and Melania are exhibiting symptoms. And when that news comes, it will put to rest any rumors of a faked positive test, by Trump.

And so — I will close (perhaps uncharitably) by reflecting on Trump mocking Mr. Biden’s clarity — at the debate, about wearing masks. I suspect this is the only way Trump will learn: to have a bad first hand personal experience, from the Darwinian laws — as applied to pandemics. And that, my friends… is genuinely… sad. To be clear, my fervent wish is that he will survive this. He should have to live a very long time, after he recovers, with the first hand knowledge of what his fecklessness hath wrought, for at least 210,000 Americans. And I want him well enough to see the inside of a jail cell, in late 2021.

Onward.

नमस्ते