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Meanwhile, A Longer- (Easier-) Schedule — For WeChat, Out West — Defending Its Injunction, Against Trump’s Lawlessness

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In a late night Friday order (considering East Coast time-zones), the government / Trump got nearly nothing of what it asked for, in a motion to tighten the schedule to be heard, on its motion to stay the WeChat injunction, on the West Coast (see below in blue). This means no matter what else happens, Trump’s “order”, supposedly to take effect on this very Sunday night — will be enjoined nationwide as against WeChat, until at least mid October.

It is hard to imagine how TikTok’s outcome will be very much (any?) different, in front of the able USDC Judge Nichols in DC, by late Sunday night — that is, if we assume the DC district court will apply the same legal analysis to shot video sharing services, as was applied to (primarily) Chinese text sharing services. Here is the West Coast order, in full, as we wait for Sunday at 9:30 AM in DC, and the hearing.

…Order by Magistrate Judge Laurel Beeler.

Given the parties’ representations and the disputed scheduling, the court sets the following briefing schedule for the pending motion to stay at ECF 68:

Plaintiffs’ opposition due Thursday 10/1/2020; Defendants’ optional reply no later than Tuesday 10/6/2020; hearing set for 10/15/2020 at 9:30 a.m. If the court can do it on a tighter time period, it will let the parties know. The parties must submit chambers copies of their filings. The court terminates the motion to shorten time at ECF No. 69.

(This is a text-only entry generated by the court. There is no document associated with this entry.) (lblc5S, COURT STAFF) (Filed on 9/25/2020)….

We will add the DC plaintiffs’ papers, when the same are filed this afternoon — but here is the as-redacted DC version of Trump’s papers (clearly modeled on the West Coast papers, we linked yesterday). Onward… therapeutic hot-stone massage (masked and COVID contained), in home today… so, I’m smiling.

नमस्ते

“It Really Is That Simple” Says John Hinderaker…

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I have decided to take John’s latest more seriously than it likely merits, given his scant reasoning capacity — at least as displayed therein.

As is often intoned, by wise old men — “if the answer to a complex problem looks quite simple, almost immediately… you may safely assume you do not really understand the problem,” at all.

Said less charitably, and more bluntly — in deference to John’s waning intellect — “everything really is quite simple… to a simpleton.”

John is a simpleton. Certainly, on this topic he is: tonight he’s decided than an entire field of emerging sociological study… is (wait for it!) UN-american. So — is John’s current sociological bogeyman… a Hilterian eugenics based theory of a master-race? No. Is it… the phrenology / criminality theories of some in law enforcement, during the late 19th Century? Nope.

Not at all — but on account of it, Hinderaker tells his audience this, as his conclusion:

“…Still, for the minority who pay attention, the issue is clarifying: Donald Trump and the Republicans are pro-American, Joe Biden and the Democrats are anti-American. It really is that simple….”

What is it?

What could it be? The rejection of what theory… might make Republicans more “American” than Democrats?

Oh — it is a theory about… racism.

So — let us speak plain, then: John’s abiding belief is that it is pure racism that is what makes a “good” Republican — and a “better“… American, than any Democrat working to mitigate the effects of those pernicious views.

For all critical race theory (John’s bogeyman, tonight) really says… is that all of us harbor biases. And we all know, we do — if we are honest with ourselves. [John plainly cannot be honest with himself, of course.]

All critical race theory asks us each to do — is examine carefully the ways in which we may even unconsciously be biased against (or for) someone or some thing or some… group.

That sort of self inspection is deeply terrifying to John — because he catches glimpses of it each morning, in the mirror — as he shaves — he sees, in fleeting, all the wrong he is only to happy to benefit from, without even considering whether those are things he earned any right to accept… a benefit from.

So — instead, he will paint a sociological theory… as Un-American. Self reflection is… Un-American, to Hinderaker, Trump and the jug-headed co-conspirators… of each.

And that is indeed fundamentally telling — just not in quite the way John thinks.

I’m out, now.

“Losing Patience?!” What Then, Of Felonies At Polling Places, Mr. Hinderaker?

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For a second day in a row, and a third post, in two days — John complains about the inconveniences of living in a society that countenances protected speech and protests.

It is particularly ironic… that he blathers on and on, about these matters, since he remains as silent as old King Tut’s mummy, about the felonies that Trump voters are committing in Virginia — at early polling places… by trying to intimidate mostly Democratic early voters.

So — where is his storied outrage, about direct electioneering felonies?

Riiiiight. He prefers Trump approved felons.

What a feckless blowhard.

Out.

[U: Yup.] “Quick Predictions” Market: Trump Is Going To Fight For A Ban, Come The 27th, In DC — This Weekend…

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Updated @ 2:20 PM EDT — sealed filing just dropped in DC as well, to oppose injunction. TikTok’s answer due 2:30 PM Saturday; hearing 10 AM Sunday. I’ve downloaded what the government filed in the WeChat matter, on the public docket overnight — here… and here (exhibits that are not classified). Of course, the whole filing in DC regarding TikTok has been sealed. But you may essentially swap out the names, in the prior two links and get a good sense of what Team Trump plans to argue, in DC. I’ll live blog it. End update.

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

I am making a smallish bet (with myself, mostly) that by 2:30 PM EDT today, Trump will decide to fight on, in DC — rather than delay his lawless TikTok banning pronouncement.

I make this guess, because on the West Coast, a few minutes ago — Team Trump moved to stay the WeChat injunction’s taking effect, in the district court there — and filed what purported to be classified information, to support the application to stay the continuing effect of that injunction (technically, Trump’s bannings won’t take effect — if at all — until Sunday night at midnight; but WeChat is now exempt from that banning, due to this injunction). WeChat is a different company, but the same Trump pronouncements are in play.

Thus — out west, just now:

…[T]oday, September 25, 2020, Defendants are lodging for submission classified information in support of their motion to stay the injunction. See 50 U.S.C. § 1702(c) (permitting ex parte, in camera review of classified information used pursuant to the International Emergency Economic Powers Act)….

So — it would make sense that Trump intends to fight (and likely lose, again!) in DC this weekend — as to Tiktok. The able Judge Nichols (a very well-qualified, and fair person, and yet — in truth, a judge appointed by Trump) should buckle up for some Sunday O/T. I predict he will enter a similar preliminary injunction, as of late Sunday evening.

Of course, we shall see — in about two hours, now. Onward.

नमस्ते

[U: Enjoined.] The Able USDC Judge White Has MORE Pointed Questions, For Trump’s Team In East Bay IV…

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Updated 09.29.2020 late: The able Judge White has, with immediate effect, preliminarily enjoined this nonsense, nationwide in a 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. End update.

Again, we see more of this — these very formal, pointedly tactical, pre-telegraphed written lines of questioning, and perhaps more importantly — exclusions of irrelevant arguments — by the able Judge (his second batch, thus far) strongly suggest Trump is going to lose on the set of pronouncements that purported to price-gouge the asylum and work visa application process.

Do read it all, just filed last night in Oakland’s federal district courthouse. This is going to go very badly, for Trump.

…Defendants dispute Plaintiffs’ procedural argument that they failed to disclose the thinking and data behind the Final Rule. Is it Defendants’ position that their thinking is that USCIS’s financial situation required an increase in revenue to be able to ensure recovery of all direct and indirect costs associated with adjudication and naturalization services? If so, what are Defendants’ best citations to the record to support where the data for that thinking is located? When Defendants respond to this question, they shall cite to page citations in the record and clearly articulate the data points in those citations that support their position….

That is the sitting judge, on Trump’s case, taking the time to line out his questions, for the public — on the record, in writing and in advance — so that he may immediately strike from the record, any purported “answer” from Team Trump’s lawyers… that is non-responsive, question-begging or otherwise. . . circuitous. Onward, on a perfect fall Friday… smiling.

नमस्ते

[Space Science] Playing “Tag” — With Asteroid Bennu, Come October 2020 — She’ll Be… “It”!

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Some sweet space science here — for all the erstwhile, able “home schooling” parents, during this extended year of COVID-19. Watch and learn — here’s how we (hope to be able to) return “star stuff“, to our NASA Goddard research team, back here on Earth (just as we did with the Appollo missions — minus an on-site human-piloted space-craft):

Smiling, ear to ear now… be excellent to one another — for we are all… we’ve got.

नमस्ते

John Is Into “His Catnip” — And Early, This Evening: My Notes On A Black Officer, Arresting A White Woman…

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So… I seriously wonder if John thought this all the way through… or is his Johnny Walker Red Label already doing… the talking for him, this evening(?). It is just now 5 PM where he is — and he’s all in a lather because a cop — after being forcibly resisted by a girl and her mom — tased and arrested the white girl who wouldn’t comply with lawful orders — inside a football stadium.

Of course, I think the taser was an over-reaction. [John goes on to make it about Christians, and such. Yawn.]

But… me? I can’t help but marvel, that she wasn’t shot seven times, point blank, in the back — after being tased, and yet, she’s still kicking and fighting — all with her mother’s help.

Oh. Right… she’s… whyyyyte-peeeppppleee.

And he is… a more professional police officer of color. [To be clear, he is still… over-reacting.]

But she won’t wake up paralyzed in a few days… never to have control of her own bowel movements, again (among other indignities).

Yes — all of that… is completely… invisible to old Hinderaker.

Fecklessly, utterly… moronic and banally evil, is he.

Cannot see the nose at the end of his own face.

Jeebus.

Onward.

Hinderaker Confuses Himself (Again!)… Just Some Trumper-FELONIES v. First Amendment Allowed Protest (If Intrusive)

~ condor ~ 1 Comment

John has a silly new post up, this afternoon, decrying the disruption of a few St. Petersburg, Florida al fresco diners, at a public restaurant (which may be rude… offensive, and/or intrusive — but is part of free political life, in America now).

To hear him tell it, this is almost justifiable grounds to incite imminent lawlessness, by GOP folks, against any Democrat they might encounter. He impliedly hints at coming violence nearer to election day: “…it is only a matter of time before normal citizens lose patience with them and things turn ugly….” Hmm.

Yet he is as silent as the tomb — about these Trumpers (above right), from last weekend, in an apparently blue section of Virginia (Fairfax). The Trumpers (a sad lot, at that!) were arguably blocking vehicle access — to an early voting site/election polling place — which is… yup, a felony, under the federal laws on the subject (see pages 51-53 of the DoJ primer on the topic). In fact, it is a “five years in prison” felony, under 52 U.S.C. § 20511(1). [Case citations available on request.]

Yes, these flag waving Trumpers are a sad lot — but the applicable law clearly distinguishes them, from ordinary first amendment chanting in any public place — far away from a polling place. The law says interfering with a polling place (and certainly, “electioneering” within 100 feet of an entrance)… is a five year felony.

The thought is, that one can decide to take one’s fettucini alfredo to go, and not listen to a heckler, while at an outdoor restaurant in St. Pete’s — and yet be free to vote any way one pleases — whereas when a group of overweight men start harassing people who are simply tryin’ to get inside to vote… we (collectively) ought to bring the FBI and DoJ, if the local police won’t immediately act.

But — of course! — Hinderaker prefers that his un-prosecuted (or commuted or pardoned) felons… be Trumpers.

He’s a sadly embittered little old man.

Out.