Category: Uncategorized

[U] What Happens When There Is… No Stick? AND No… Carrot? The Mule Does What IT Wants, That’s What.

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UPDATED @ 10 AM EDT: The M&A suit against Trump and Wilbur Ross — in Los Angeles federal district court — has been dismissed voluntarily, as of a few moments ago, since Team Trump completely backed off their lawless claims. But the injunction in San Francisco (against Trump’s “order” being used to infringe first amendment protected activity) stands, nation-wide. See below. End, updated portion.

NPR has a well-thought out story up, this morning — on just how far below the exuberance in his bluster — the entirety of Trump’s TikTok attempts have actually finished. He has achieved almost none of his supposed goals.

That is certainly true. What the NPR (and many other) narrative arcs miss… is that any “stick” Trump ever had has been definitively taken from him (by the courts) — and the carrots… never existed in the first place. So this mule wanders… wherever it pleases, exclusively. Here’s a bit of the nice (if slightly-incomplete) NPR article:

…[T]he president repeatedly declared that TikTok needs to free itself from ByteDance’s control, or be shut down in the U.S. for good.

The White House never offered any real proof to support its fear that TikTok is a Chinese surveillance tool….

But on Saturday a striking thing happened: Trump took a victory lap for signing off on a last-ditch deal to rescue TikTok, boasting that the China problem had been solved…. [Ed. Note: that is because — and almost no one ads this into the mix — Trump’s purported order no. 13,943 was enjoined, nationwide, earlier in the day on Saturday.]

The agreement, however, does not remedy the Chinese-ownership problem. The newly-formed TikTok Global will have an ownership structure where software company Oracle and Walmart will jointly command 20% and 80% stays in ByteDance’s grip….

Trump’s TikTok deal could look like nothing more than a shakedown that ended with a business, that is aligned with the president, winning a lucrative stake in one of the most successful apps in the world right now….

Not surprising. Probably all it does is… (unfairly) reward Trump-donor Larry Ellison. But low information voters will argue that Trump in some vague way protected them from some Chinese threat in an app they don’t use… or even understand — in truth. Whatever. I’m completely over this nonsense. Let’s vote already. Out.

नमस्ते

John Knows Trump Will Lose — So… He Is Reduced To Peddling… Lies.

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This fiction of Hinderaker’s — a false narrative — that Mr. Biden is in worse shape, mentally, than Trump is… is well, preposterous.

I won’t bother to recite the Trumpian dementia proofs.

We have all seen them.

I will say… that with a 77% chance of winning (per Nate Silver’s fine site), as compared to Trump’s 23%, tonight… I get why John is so desperate.

See at right.

See ya’ John — and see ya’ Don. You. Are. Going. To. Jail [Don].

Cheers.

Another Court Rules Trump’s WeChat/TikTok “Pronouncement” Is… Likely Unconstitutional.

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There is still pending at this moment, another more general federal suit in Los Angeles, brought by the companies involved, which argues specifically that Trump has no legitimate power (despite his mindless bluster) to force US corporations negotiating an M&A transaction in the US, to pay blackmail to him, for any approval. He will lose there.

There is also a suit in federal court in San Francisco, which claims his purported order no. 13,943 would plainly violate US citizens’ first amendment rights. It would. Here’s the able Magistrate Judge’s order, overnight — 22 pages, in full — and a bit:

…[T]he ban (1) violates the First Amendment to the U.S. Constitution, (2) violates the Fifth Amendment, (3) violates the Religious Freedom Restoration Act, 42 U.S.C. § 2000bb(1)(a), (4) was not a lawful exercise of the President’s and the Secretary’s authority under the International Economic Emergency Powers Act (“IEEPA”) — which allows the President to prohibit “transactions” in the interest of national security — because the IEEPA, 50 U.S.C. § 1702(b)(1), does not allow them to regulate personal communications, and (5) violates the Administrative Procedures Act (“APA”) because the Secretary exceeded his authority under the IEEPA and should have promulgated the rule through the notice-and-comment rulemaking procedures in 5 U.S.C. § 553(b)….

The plaintiffs moved for a preliminary injunction and contend that they are likely to succeed, and have presented serious questions, on the merits of the First Amendment claim (and satisfied the other elements for preliminary-injunctive relief)….

WeChat — which serves as a virtual public square for the Chinese-speaking and Chinese American community in the United States and is (as a practical matter) their only means of communication — forecloses meaningful access to communication in their community and thereby operates as a prior restraint on their right to free speech that does not survive strict scrutiny. . . .

The court grants the plaintiffs’ motion for a nationwide injunction against the implementation of Executive Order 13,943….

Just as we’ve said, since the day he published this garbage — it is yet another stupidly lawless attempt either to extract money for his wall, or pander to his “know-nothings” base voters. It is… effectively at an end now, as of Sunday morning. Onward, smiling — to hand draw and create a sidewalk chalk “obstacle course” — at baby girl’s front walkway, for the coming clear, sunny week of distance schooling “recesses”.

नमस्ते

John Hinderaker Owes Every American A Very Humble, Abject Apology. Not That He Is Man Enough To Offer It.

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That’s my whole post. John falsely said, in mid-July, that the “epidemic is more or less over, as far as fatality is concerned….” That was when we were below 140,000. The latest scientific evidence based estimates have America hitting over 400,000 deaths by mid-January 2021.

Crickets from John, after calling it no worse than a seasonal flu, as late as June 2020. Disgusting.

Out. Travel well, and we well-know you’ll travel light — with the same airily-gossamer grace we saw fro you, in life, RBG… reunited with Martin — your life-long soulmate, now… smile.

If You Need A “Friday Afternoon Club” Laugh: On Cy Vance’s Mazars Second Circuit Matters…

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Do get a load (and… I do mean… a LOAD) of this… erh… amicus argument (17 pages; pro-Trump).

It would seem that the counsel for this far right 501(c)(3) has inverted (the widely regarded as incorrect Supreme Court) Citizens United holding — to argue that federal IRS regulations erh… “trump” state law criminal grand jury subpoenas (ones with inviolate secrecy obligations, and criminal penalties, for violating secrecy) as to Trump’s financial records, in the hands of a third party accountant, and stranger to the criminal grand jury proceeding.

Yikes; the University of Tulsa Law School… is not looking sharp here — there is simply no chance a federal IRS regulation-set can survive a challenge, based on independent state law criminal matters, in this setting. In sum, the IRS cannot (via its very limited charter) set the procedural and substantive contours… of local state criminal law. See, generally the idea of federalism, in the US Constitution. Said another way, there is no concomitant Constitutional basis for arguing that IRS records enjoy some superior, on-steroids version of fourth amendment protections. They just don’t — not even a dyed in the wool… federalist society member would so argue.

All in all — this is… a complete… do over, Ms. Phillips.

Cheers — Friday afternoon burgers, and frosty craft root beers call my name now. Out!

[U] The Able USDC Judge White Has… Pointed Questions, In Oakland, For Team Trump, On Asylum Fee Price Gouging: September 25, 2020 Hearing Date.

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It goes without saying that — if, in advance of one’s hearing date, a federal district court judge takes the time to sua sponte issue a list of questions to the government, primarily — and specifically forbids the parties from simply arguing matters already addressed in their briefs… as well as insists that any other “authorities” the parties expect to rely on… be pre-filed (without additional argument), with his docket clerk… (in Condor’s opinion) well, that judge is very-likely poised to rule AGAINST the government (here, Trump), and grant a nationwide injunction.

The Trump rule/order would go into effect on October 2 — but Condor confidently predicts. . . we will never get to that point. See this, as just one example from dozens Judge White has set before the parties (that’s his full PDF order), on the record this afternoon:

…DHS asserts it “does not know the price elasticity of demand for immigration benefits, nor does [it] know the level at which the fee increases become too high for applicants/petitioners to apply.” 85 Fed. Reg. at 46,797. DHS then asserts it believes immigration to the United States remains attractive and that the benefits of immigration “continue to outweigh the costs noted by commenters.” Id.

From there, DHS concludes it “believes the price elasticity for immigration services is inelastic and increases in price will have no impact on the demand… for all immigration services impacted by this rule.” Id. On what facts did DHS rely to form these beliefs and where in the record before the Court on this motion can the Court find those facts?

Updated 09.19.2020 @ 9 AM EDT: Mr. Wolf intends to rely on this case (which is all about the creation of a NEW federal agency, and its director — not about never being confirmed to a long-standing agency!) — which is rather. . . precious, thus — via his lawyers’ overnight filing:

“…On September 17, 2020, Acting Secretary of Homeland Security Chad Wolf ratified “each of [his] delegable prior actions as Acting Secretary,” including the “Final Rule [he] approved and issued in the Federal Register at 85 Fed. Reg. 46,788 (Aug. 3, 2020).” See Decl. of Bradley Craigmyle ¶ 2, Ex. 1, Ratification of Actions Taken by the Acting Secretary of Homeland Security (Ratification) at 1, 2 (Sept. 17, 2020). Acting Secretary Wolf also ratified the Notice of Proposed Rulemaking “for that Final Rule at 84 Fed. Reg. 62,280 (Nov. 14, 2019),” which “[f]ormer Acting Secretary McAleenan issued.” Ratification at 2. Based on Acting Secretary Wolf’s ratification, Defendants intend to rely on CFPB v. Gordon, 819 F.3d 1179, 1190-92 (9th Cir. 2016) (attached as Exhibit 2), which is not cited in their briefs….”

Well — good luck with that. End, updated portion.

Trump will lose. And American liberty, the wisdom of continued American pluralism, and the values reflected in the immortal Lazarus poem, inscribed on the base of the Statue of Liberty will. . . live on. Vote with us — vote this corrupt wanna-be dictator. . . out.

नमस्ते

[U: Told Ya’!] We’ve Said This Many Times… Trump’s “Ban” Won’t Happen On Sunday. It Cannot Be Done. Period.

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Updated on Saturday night: it will be a deal of some sort, with Oracle and Walmart; Trump now says whether they do the deal or don’t. . . it’s “okay” with him. Someone explained to the moron what felony blackmail means. End update.

Of all the toweringly-stupid things Trump has impotently threatened… this may be the most absurd (and that’s a very-tall hurdle to clear, with this guy).

Forget for the moment… that his attempted blackmail of a US company (Oracle or previously, Microsoft) is itself… a felony. Forget that there is a pending federal suit, on this — in LA’s USDC.

Forget… also, that this is clearly expressive activity, as to US residents — and his would be… state action.

Forget all that… and much more. It is just simply… technically impossible to prevent US citizens from downloading. There are perhaps over a thousand ways to load and run the app [and tens-, to hundreds- of thousands of possibly illicit ways (which I advise against, to be clear), to access it via an in-computer emulator / work-around], without even using an Apple App Store, or any other site that Trump will ask to remove it from. But be clear — he may only “ask” — not order under applicable law, Apple to do so.

This is a completely, preposterously… impotent act. If he even tries it come Sunday. So there will effectively be… no banning — no matter what Trump says or does.

Life on TikTok will go on largely-unchanged. But it would be easiest (and completely lawful, to boot!), for you, dear reader — if you ever wish to use it in the future, and have not yet installed it… to install it now — from the official app download / stores. Once it is on your phone — it is simply-beyond Trump’s (tiny handed) reach.

Now you know.

Cheers!

Hmm… DeJoy & Trump Probably SHOULDN’T Have Openly Stated A Direct Intent, In De-Funding The Post Office, In An Election Year…

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A few hours ago, and as we long predicted, a federal judge in Washington state issued a nationwide preliminary injunction against DeJoy’s felonious attempts at vote suppression / tamperings, by what purported to be USPS procedural changes, essentially-immediately prior to election day 2020. These chuckleheads are the most inept crooks on the planet.

Here is the wise and well-reasoned full 16 page ruling, and a bit:

…Plaintiffs have established a likelihood of success on the merits of their claims that the United States Postal Service and the Postmaster General violated 39 U.S.C. § 3661(b) and infringed on the States’ constitutional authority to regulate elections and the people’s right to vote. Plaintiffs would suffer irreparable harm absent preliminary injunctive relief, and the balance of equities and the public interest weigh in favor of a preliminary injunction.

Although not necessarily apparent on the surface, at the heart of DeJoy’s and the Postal Service’s actions is voter disenfranchisement. This is evident in President Trump’s highly partisan words and tweets, the actual impact of the changes on primary elections that resulted in uncounted ballots, and recent attempts and lawsuits by the Republican National Committee and President Trump’s campaign to stop the States’ efforts to bypass the Postal Service by utilizing ballot drop boxes, as well as the timing of the changes. It is easy to conclude that the recent Postal Services’ changes [are] an intentional effort on the part the current Administration to disrupt and challenge the legitimacy of upcoming local, state, and federal elections, especially given that 72% of the decommissioned high speed mail sorting machines that were decommissioned were located in counties where Hillary Clinton received the most votes in 2016….

[DeJoy and Trump take] the remarkable position that nothing has changed in the Postal Service’s approach to election mail from past years. This is simply not true. Statistics show there has been a drastic decrease in delivery rates….

Plaintiffs have made an extensive showing of irreparable harm that is caused and will be caused by the Postal Service’s “Leave Mail Behind” policy and the Postal Service’s refusal to ensure that election mail will be treated as First Class mail to ensure timely delivery. Indeed, the Postal Service sent out mailers to all voters that warned that voters should take extra steps to minimize delays that presumably the Postal Service anticipates, which supports Plaintiffs’ arguments there would be harm in the future….

It would be comical, if there weren’t at least a small chance that Trump could otherwise throw the outcome of the 2020 election, in this manner. As it is, he will lose by over 6 million votes, and even Florida and Texas may flip to blue states, this cycle. Without both of them — should he lose even one of them — he has no electoral college path, at all. Smiling now, at that increasingly-probable prospect.

There Is Credible Evidence That Non-Consensual Sterilizations Are Being Conducted On ICE Detainees…

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Deeply disturbing stories are now emerging — as documented in The New York Times, NPR and Vox — as just a few examples. Most of the reporting presently relies on a facially-credible [now identified] nurse / federal whistle-blower, and at least one of which interviews a Cameroon-born ICE detainee, herself. See below. [The ACLU will shortly be filing suit, no doubt.]

If Trump’s goons have been conducting “eugenics” sterilizations, on asylum seekers in ICE or DHS custody… a whole new class of crimes against humanity are now being conducted “in our name“. We need to see more from the US House’s ongoing Congressional investigation, here — but this is a bit, from one such report:

…Pauline Binam, a 30-year-old former detainee at Irwin County Detention Center in Ocilla, Georgia, had been in custody for about two years when she started having irregular menstrual bleeding. She feared that confinement was taking its toll on her body.

Binam, who came to the US from Cameroon when she was 2 years old, was being held at the Immigration and Customs Enforcement (ICE) detention center while awaiting deportation.

According to her attorney, Van Huynh, she consulted with medical staff at the facility who told her that the condition could be treated by a minor surgical procedure in which a doctor dilates the cervix and scrapes off the lining of the uterus.

Instead, the doctor informed her that he had also removed one of her fallopian tubes and that she could expect to have difficulty conceiving if she wanted to have more children….

Who are these people — who are the gynecologists conducting these procedures? They need to be charged. And we all need to… vote. The very existence — of our two centuries’ old civil liberties and freedoms… clearly depend on it now.

नमस्ते