Category: Uncategorized

Well… This Is… Preposterous, Mr. Hinderaker.

~ condor ~ Leave a comment

In the course of blaming Chris Wallace, and the media(?!) — for Trump’s inability and unwillingness to engage in the “by the rules” version of civil debate, John told a simply preposterous lie:

“…There has been no rioting, no arson, no looting, by any conservative groups. All such criminality has come from the Left….”

Putting aside the fact that Trump (and Trump alone) is responsible for his own boorish behavior and refusal to disavow the Proud Boys — the lies John tells… are a particularly stupid brand of… lying.

It has been well-documented (even by John, himself!) that William Barr used federal goon squads to viciously attack, gas and assault peaceful protesters on what is now known as Black Lives Matter Way in DC (then called Lafayette Square) so he and Trump could stage… a photo op, with an upside down bible. The protests in DC were more violent for several nights, as a result of the Trump/Barr fascist tactics.

In addition, several of the riots were fed — or perhaps even touched off — by “false flag” right wing terrorists. Like the one who first set fire to the Third Precinct house in Minneapolis (in John’s home town).

And then we have Kyle Rittenhouse, the young would-be militia man.

John — seriously. A Swiss Cheese defense (one riddled with lies)… is worse for Trump than no defense… at all.

He’s… done. As are… you.

Out.

NAACP Legal Defense Fund Wins Orders Ending Trump’s SECRET Police Advisory Group’s Meetings… Judge Specifically Finds Bill Barr At Fault — “Violated The Law”.

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This is a new narrative arc, for us, tonight — we haven’t covered this case before — but we will, from now on. And were it not Trump and Barr, I might almost be tempted to label it as Halloween-style scary fiction. But it is not. This is real life, in the USA — in 2020, under these goons.

Apparently, the tenant (in our house, located) at 1600 Pennsylvania (through Attorney General William Barr’s offices) was running a secret “star chamber” — to revamp (and largely militarize) local policing in America — in direct violation of applicable federal open meetings laws. Quite rightly, the NAACP has ended it, in the form of an order entered tonight in the federal court house sitting in our nation’s capital.

Here is the well-reasoned 45 page opinion from the able USDC Judge John D. Bates, in DC — and the specific bit of the accompanying order, as to what’s next:

…The Attorney General [William Barr] created that Commission in January 2020 in order to “conduct a modern fresh evaluation of the salient issues affecting American law enforcement and the communities they protect” by focusing on issues that will enable law enforcement “to safeguard the public and maintain a positive relationship with their communities.” See Implementation Memorandum for Heads of Department Components (“Implementation Memo”) [ECF No. 25-5] at 1. Working groups addressing a wide range of fifteen subjects, including “social problems impacting public safety” and “respect for law enforcement,” were to assist in the Commission’s efforts. Id. at 4–6.

The Attorney General stressed the need to hear from “[a] diversity of backgrounds and perspectives” such as “community organizations, civic leadership, civil rights and victim’s rights organizations, criminal defense attorneys, academia, social service organizations, and other entities that regularly interact with American law enforcement.” Id. at 2. Despite these stated goals, however, the Commission’s membership consists entirely of current and former law enforcement officials. No Commissioner has a criminal defense, civil rights, or community organization background. And Commission proceedings have been far from transparent.

Especially in 2020, when racial justice and civil rights issues involving law enforcement have erupted across the nation, one may legitimately question whether it is sound policy to have a group with little diversity of experience examine, behind closed doors, the sensitive issues facing law enforcement and the criminal justice system in America today. But that is not the role of this Court.

Here, the NAACP Legal Defense and Education Fund (“LDF”) has challenged the composition and operation of the Commission under the Federal Advisory Committee Act (“FACA”). Passed in 1972, FACA requires, among other things, that covered federal advisory committees be “fairly balanced” in the viewpoints represented, that meetings be open and publicly noticed, that a charter be prepared and filed, and that a designated federal officer be appointed to ensure compliance with FACA. See 5 U.S.C. app. 2 §§ 1–16.

[The NAACP] LDF has now moved for summary judgment, arguing that the Commission has violated multiple provisions of FACA. In the face of LDF’s challenges, the government does not really defend the composition of the Commission as “fairly balanced” or contest the other transparency and oversight failures….

ORDERED: The Commission and its officers shall file a charter with the Attorney General, the relevant standing committees of the U.S. Senate and of the U.S. House of Representatives, the Library of Congress, and the Committee Management Secretariat of the General Services Administration, pursuant to 5 U.S.C. app. 2 § 9(c) and 41 C.F.R. § 102-3.70(a). The Commission and its officers shall also provide notice of any future meeting in the Federal Register at least fifteen days before the meeting is held, pursuant to 5 U.S.C. app. 2 § 10(a)(2) and 41 C.F.R. § 102-3.150(a); it is further

ORDERED that the Attorney General shall designate a federal officer or employee who must be employed with the federal government either full-time or permanent part-time to be the designated federal officer for the Commission, pursuant to 5 U.S.C. app. 2 § 10(e) and 41 C.F.R. § 102-3.120….

ORDERED that the parties shall submit proposed remedial orders consistent with the accompanying Memorandum Opinion, along with any supporting briefs, not to exceed twelve pages, by not later than October 9, 2020….

ORDERED that until the requirements of the Federal Advisory Committee Act (“FACA”) have been satisfied, as explained in the accompanying Memorandum Opinion, the Commission shall not hold further meetings, sessions, or hearings, or conduct any official business; it is further

ORDERED that until the requirements of FACA have been satisfied, defendants shall not submit, accept, publish, employ, or rely upon any report or recommendations produced by the Commission; and it is further

ORDERED, ADJUDGED, and DECLARED that the Commission is an advisory committee subject to the requirements of FACA and is not exempt from FACA under 2 U.S.C. § 1534(b); that the Commission has violated FACA by failing to file a charter with the necessary entities, as required by 5 U.S.C. app. 2 § 9(c) and 41 C.F.R. § 102-3.70(a), and by failing to provide timely notice of each meeting in the Federal Register, as required by 5 U.S.C. app. 2 § 10(a)(2) and 41 C.F.R. § 102-3.150(a); and that Attorney General William P. Barr has violated FACA by failing to select a designated federal officer for the Commission, as required by 5 U.S.C. app. 2 § 10(e) and 41 C.F.R. § 102-3.120, and by failing to ensure the Commission’s membership is fairly balanced in terms of the points of view represented and the functions to be performed, as required by 5 U.S.C. app. 2 § 5(b)(2)….

The idea that newly militarized policing initiatives would be hidden from public view — without balanced input, as required by clear federal statutory law (in place for decades, so clearly Mr. Barr knew of them)… is simply more proof that these men (Trump and Barr) are unfit to lead our nation. Out.

Now… let’s disbar… Bill Barr.

नमस्ते

Trump’s Goon Squads, Last Seen In Portland — Are In Deep Trouble: Ninth Circuit Slows Briefing Schedule — Until After Election.

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In what is now a recurring theme — another federal appeals court has returned so-called Trump “emergencies” filings… to its “ordinary” docket timelines.

In sum, the courts are increasingly… yawning — at Trumpian claims of emergencies (on losses he’s suffered in the trial courts)… and rightly realizing that whatever his addled brain is thinking — it may well all go away, after November 3, 2020.

So overnight, in the press cases which protect reporters and well-marked legal observers from being shot by the DHS goons, and allow them to stay in the street — even after dispersal orders — the Ninth Circuit is adopting a “we’ll see” briefing schedule, on Trump’s hurry up request, to stay the injunction entered in Portland, thus:

…The motions to proceed as amici are granted (Docket Entry Nos. [16] and [18]). The motion to stay the district court’s August 20, 2020 order will be addressed separately. We sua sponte extend the briefing schedule for this appeal. The opening brief and excerpts of record are due October 14, 2020. The answering brief is due November 16, 2020. The optional reply brief is due 21 days after service of the answering brief. [11842527] (WL) [Entered: 09/30/2020 01:37 PM]….

The entire rational world is increasingly realizing… many of Trump’s supposed “emergencies”… are no such thing, and in any event, they all will evaporate… if he… is no longer Commander-in-Chief. That thought alone makes me smile, this late morning.

नमस्ते

Let Us Be Clear: “Congress Does Not Hide Elephants… In Mouse-Holes.”

~ condor ~ 1 Comment

I am previously on record — that the human at right will not join the Court — if at all — not until after the election results are known (she is not likely to even get an “up or down vote” before November 4, 2020). But in the unlikely event she has… it. will. not. matter. to the Texas ACA case.

Although she is likely a deeply conservative person, she is also a very very bright legal mind.

And, at least within the framework of her ideology, an ethically-disciplined mind. She will be, with Chief Justice Roberts, and the three remaining liberals, the majority that says Congress did not intend to undo 2,000 plus pages of legislation, with one hanging participle, in one sentence.

The other three — in descending order of probability (as to votes to invalidate the ACA) Thomas, Alito and Gorsuch… won’t be enough — whether she is on the Court, or not. And Roberts (in an eight justice court) will side with the rational precedent of now over 75 years in statutory contstruction. That is, Obamacare will remain constitutional, and in force. Here endeth the sermon.

नमस्ते

[U] Next Motions, And When Due, In DC — On Remaining Bits Of Trump’s Lawless TikTok “Orders”

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UPDATE @ 9 AM 10.01.2020: The able Judge Nichols has adopted an order that omits the last item on the schedule agreed by the parties (but not the judge), at this point. See the bottom of the post, in green italics — but that is a pretty direct hint that all of the later scheduling (i.e., any live hearings) will change based, on the most-likely election results. End update.

The election will have transpired by the time any more of his unlawful “provisions” would have a chance to take effect, by their own terms.

Even so, if he asks the violent reprobates (cough, Proud Boys) to forcefully disrupt vote counting or vote certification efforts — this continued litigation will be very important. And in any event, Mr. Biden will not be able to officially repeal his purported executive “actions” until January 21, 2021. So this marches… onward. Here is the latest, just filed in DC tonight:

…[TikTok] Plaintiffs do not oppose entry of a briefing schedule allowing them to file another motion for a preliminary injunction as to the remaining prohibitions. The parties have conferred and respectfully propose the following schedule:

✿ On or before October 5, 2020, the government shall, pursuant to Local Rule 7(n), file with the Court a certified list of the contents of the Administrative Record [the “AR”], and the government shall serve Plaintiffs with a copy of each item in the AR that is available at that time to be produced, noting in a cover filing and/or on the certified list of contents any such documents that have not been produced to Plaintiffs;

✿ On or before October 14, 2020, Plaintiffs shall file a motion for a preliminary injunction as to the remaining prohibitions scheduled to take effect November 12;

✿ On or before October 23, 2020, Defendants shall file an opposition to Plaintiffs’ motion for a preliminary injunction;

✿ On or before October 30, 2020, Plaintiffs shall file a reply on their motion;

✿ Oral argument to be held at the Court’s convenience during the week of November 2, 2020….

MINUTE ORDER — 10.01.2020.

…Upon review of the Parties’ [32] Joint Status Report, the Court hereby enters the following briefing schedule:

✿ Defendants shall file a certified list of the contents of the Administrative Record by October 5, 2020;

✿ Plaintiffs shall file a motion for a preliminary injunction as to the prohibitions scheduled to take effect November 12, 2020, by October 14, 2020;

✿ Defendants shall file their opposition to Plaintiffs’ motion by October 23, 2020; and Plaintiffs shall file their reply by October 30, 2020.

It is so ORDERED. Signed by Judge Carl J. Nichols on October 1, 2020….

This is an astonishingly depraved waste of federal government resources, all clearly being undertaken solely now to assuage the ego of a narcissist wanna-be dictator — during what is more broadly a very important chapter — in deciding the continued survival of our 240 years’ worth of history, supporting free communications and free speech, under a rubric of ordered liberty. I N S A N E.

नमस्ते

Hinderaker Was Befuddled By The Debate Time Spent Discussing COVID-19…

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That is… quite deeply telling — and troubling. John thinks this, about the time Trump (at least) spent on it:

“…[T]here was much too much talk about the COVID-19 Wuhan virus, a flu bug about which politicians can do little or nothing. But perhaps Wallace’s choice of topics reflected the current priorities of voters….”

Let’s start with the basics — since we are, afterall, talking about a bear of very little brain, in John’s case.

Trump [completely falsely] claims he will have a vaccine “in weeks”, but “politics” (WTF that might mean) is stopping the companies from delivering. This commander in chief INSANITY alone would make it a worthy debate topic. And Mr. Biden well-handled the actual facts. [Hinderaker knows Trump loses with every second that any real science is discussed — since the man is positively allergic to learning, of any sort.]

No… the fact is, it will be mid-2021 before the vaccine is grown up, in enough volume, to allow wide-spread inoculations in the US.

And so, Hinderaker cannot accept that being careful — by wearing masks, and staying six feet apart — until then… is worth the minor inconvenience those measures represent. [It is too much like… slavery, in his view.]

But we all know, from as early as April 2020 — in John’s sadly malignant view of the world — he’d prefer that “the olds“… just shut up, and get on with the… dying. [Ref.: “shut up and dribble.”]

We also all know that Hinderaker cannot understand that killing perhaps 400,000 by year end 2020… is not an acceptable loss — when the same can be almost entirely avoided.

So — contrary to John’s hand-waving sneer, politicians can rally public support for solid, safe bio-science, but his candidate is… singularly in opposition to that notion. So he wonders why Trump even spent time on it.

Well, John — this much you did guess correctly, about: the dead… 208,000 of them today — they matter.

True, they cannot vote any longer — but their loved ones can. And losing an equal number by Christmas should be a bigger concern for someone who professes (pretends, actually) to be… a christian.

But whatever.

Be willfully stupid, John — “I really don’t care, do you?“

The Second Circuit Will Shortly Rule That Cy Vance May Enforce The Mazars (Trump Financial Records) Subpoena…

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Oral argument was heard on September 25 in the Second Circuit in Manhattan — and now… Trump will lose there. When that happens, the lawyers for Trump have indicated in writing that they will once again seek interim relief from the Supremes.

Y A W N.

So, to expedite matters, Cy Vance has agreed with Team Trump as follows, as of late last night:

…1. Appellant [Trump] will file and serve Appellee [NY AG] vie email any request to the Supreme Court to prohibit enforcement of the Mazars Subpoena during the pendency of a petition for certiorari no later than 5:00 pm on the fifth calendar day after an Appellate Ruling is issued by the Second Circuit affirming the decision of the district court.

2. Appellee [NY AG] will file and serve Appellant via email a response no later than 5:00 pm five calendar days thereafter.

3. Appellant will file and serve Appellee via email a reply no later than 5:00 pm two calendar days after that.

4. If any date under this schedule falls on a weekend or holiday, the requirement to serve the opposing party will remain as set forth above, but the requirement to file will be extended until the next day that the Supreme Court is open for filing.

For the avoidance of doubt, the term “Appellate Ruling” as used herein shall refer to the earliest opinion, order, decision, or other substantive ruling issued by the panel of the Second Circuit that heard argument in this appeal on September 25, 2020, and not to the issuance of any judgment, mandate, or any other opinion, order, ruling, or decision of any court. The term “Interim Relief Ruling” as used herein shall mean the earliest opinion, order, or other ruling issued by the Supreme Court, or any Justice thereof, resolving any motion filed by Appellant and not to the issuance of any judgment, mandate, or any other opinion, order, ruling, or decision of any court….

Onward. Let’s just get this over with, and vote his crooked hind-parts… out.

नमस्ते

Let Us Re-Run A Peaceful, Graceful… Off-World Science Spot — To Immunize Us, From Tonight’s… Nonsense, From 45.

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And Jupiter has been as fertile, as the undulating Nile Valley — for new discoveries, of late. This week we learned, via gracefully-twisting, copper clad, long legged Juno. . . that powerful but “shallow” lightning bolts ripple through the upper atmosphere [much as the heat of a wet summer storm (on Earth) feels like the underside of a light cashmere sweater, against the skin] in certain bands, there — causing a soft mush of large ball methane “slush-balls” to plummet toward the surface, under the immense gravity of that gas giant. Do see the NASA/JPL visualization of that, in CGI — at the bottom.

With Trump pretending that a president may author laws — pass “bills” in his own ignorant parlance, tonight — and tax and spend (hint: he cannot do any of these things). . . I really need to look to the night skies, and remind myself that fine humans the globe over are looking up, too — and seeing the graceful orb of Jupiter in their telescopes, too.

Indeed, we are not nearly as cut off from one another (nor from those we long love, but have now seen pass, to Infinity) as we might imagine. . . and what a sight it would be, to fly through that strange, slushy methane rain. . . lightning striking all around. That thought. . . gives me new wings tonight. Here’s a bit of the science, from NASA:

. . . .New results from NASA’s Juno mission at Jupiter suggest our solar system’s largest planet is home to what’s called “shallow lightning.” An unexpected form of electrical discharge, shallow lightning originates from clouds containing an ammonia-water solution, whereas lightning on Earth originates from water clouds.

Other new findings suggest the violent thunderstorms for which the gas giant is known may form slushy ammonia-rich hailstones — Juno’s science team calls “mushballs”; they theorize that mushballs essentially kidnap ammonia and water in the upper atmosphere and carry them into the depths of Jupiter’s atmosphere.

The shallow-lightning findings [were] published Thursday, Aug. 6, in the journal Nature, while the mushballs research is currently available online in the Journal of Geophysical Research: Planets. . . .

“Previously, scientists realized there were small pockets of missing ammonia, but no one realized how deep these pockets went or that they covered most of Jupiter,” said Scott Bolton, Juno’s principal investigator at the Southwest Research Institute in San Antonio. “We were struggling to explain the ammonia depletion with ammonia-water rain alone, but the rain couldn’t go deep enough to match the observations. I realized a solid, like a hailstone, might go deeper and take up more ammonia. When Heidi discovered shallow lightning, we realized we had evidence that ammonia mixes with water high in the atmosphere, and thus the lightning was a key piece of the puzzle. . . .”

Be excellent to one another. . . history has its eyes on all of us.

नमस्ते

That “Loquacious” Sidney Powell… Probably Just Burned Michael Flynn’s Chances — Of Skating.

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Welp. It has indeed been a rather… tumultuous news day (and the debate is still hours off). But this later-arriving bit (as I had other responsibilities — and couldn’t, much as I wanted to — arrange my day so that I could listen to what turned out to be the five hour long Flynn hearing starting around midday in DC)… but it may well… take the cake. [Backgrounder, here.]

It seems Sidney Powell felt a need to impress Judge Sullivan (bad idea!)… with just how wired in she is… to well, everything. So she told the able USDC judge that she has spoken to Trump directly about the Flynn dismissal proceedings — and that she has spoken more than once to the lead Trump Campaign lawyer, also about these proceedings. Then… she claimed the judge couldn’t ask about them, because (wait for it!) those conversations were “executive privileged“.

I N S A N E.

As EmptyWheel memorably just put it, that cannot help but leave the court with the impression that this is a political moment, and a political… attempted dismissal. It may be too soon to definitively call the outcome, here — but I do think Judge Sullivan will, based on Ms. Powell’s self-important admissions… reject the Flynn dismissal motion, from Bill Barr:

…Sidney Powell [Michael Flynn’s main lawyer, now] admitted that she has spoken to the President about this case, and also spoken with Trump’s campaign lawyer, Jenna Ellis, about it, the latter apparently more than once. Powell tried to claim Executive Privilege for her conversation(s) with the President about the case, until Sullivan pointed out the sheer absurdity of that….

In what manner (or… on what planet?!) would the sitting president have “a priviledge” to assert when talking to a criminal defense lawyer who is there representing ONLY her twice pled guilty to felonies criminal client — over conversations involving her “self-admitted felon” of a client, who was fired now three years ago for lying to the vice president and president, about working for a frenemy government, while sitting in as a National Security Advisor?

It is a very good thing, as judges often say, from the bench — that most crooks… are stupid. But this Trumpian crew, they really… exceed, with all their excesses — in chuckleheaded numbskull antics. On to watch a debate — and eat home-made fudge — to make it bearable. Grin….

नमस्ते