UPDATED: Kenosha’s Mayor — And The Governor — Add To The Request That Trump… STAY AWAY.

And the entirely vapid WH press secretary claimed this morning that the Blake family hasn’t responded to Trump requests to meet.

Of course, whether the family wants to be used a prop for the racist in chief… isn’t really a close question.

My understanding is that they will be in a separate, peaceful protest, in Kenosha, on Tuesday, away from where Trump will be meeting with only the Kenosha police union president, not even the chief of police — to push his “President Snow / Capitol District Storm Troopers” approach, anew. In sum, to cause more violence and divisiveness. Here’s the latest, from The Hill:

…[The Kenosha] mayor told NPR that the situation in Kenosha was “not the situation, I think, that people perceive — that the people in Kenosha are rioting.” He said people are “protesting and absolutely have every right to protest” and that the city backs peaceful protests but not “damage and destruction.”

“Peaceful protests are not a problem,” Antaramian said. “Our biggest problem really did come from people coming from outside the area and causing a great deal of damage and destruction.”

A White House spokesperson told reporters Saturday that Trump intends to visit Kenosha on Tuesday and “meet with law enforcement and survey damage from recent riots….”

I will be up north tomorrow, either way, now — with already collected (charitable) bail funds, and appearance forms at the ready, if it comes to that. But, I too think Trump should stay away. He should respect the opinion of the government on the ground, there. Out.

नमस्ते

[U] All The Claims Hinderaker Today Makes… Lack Evidence. Y A W N.

He once again attributes group membership to a shooter who is not identified; and no one is in custody.

But that’s just so… John. UPDATED: There is a suspect in the Portland murder. But while he’s made pro antifa statements, there is no evidence he formally belongs to BLM, or the Democratic Party. Again, John… lied.

He also fails to explain how it is that he knows the press is working for… Democrats.

No surprise there either, John’s fevered theories, again. Just like last week, John — let’s wait to see some actual DA charging documents, eh?!

Finally, John has fallen silent — never condemning young Rittenhouse’s assassinations. Even though we now know who did it, how they did it — and have been informed by those shocking charging documents.

Gee — I wonder why that might be…. John? John…?!

And perhaps uncharitably — how is it, that this Mr. N’gô… seems to be right where people always get shot? Especially when it seems a Trump supporter is being shot? The odds of this happening more than once, with him in perfect position… are vanishingly… small.

I’ll resist any fevered speculation… but seriously, at four times now, by my count — how is this… even possible?

Out.

[U] Sadly, Young Rittenhouse Has Hired A Lawyer… One Who Loses — A Lot.

This is a mostly trivial update, to the one I wrote last week to Steve Hayward, about his deplorable “self-defense” nonsense related to the first degree felony murder charged assassin, Kyle Rittenhouse.

I see that overnight, Forbes has it that this guy named Pierce — in fact, the same lawyer who lost for Rudy G. (and more recently — lost, in highly embarrassing fashion while representing Carter Page, in federal court in Chicago, before the able Judge Lienenweber, on a would-be libel suit against the DNC, earlier this month — Pierce’s team never made it out of the starting gate, before losing)… claims his client will be found… completely innocent. Hilarious.

The first part of this from Pierce, is a claim that the weapon never crossed state lines, since Rittenhouse he says, allegedly drove it from Illinois to Wisconsin completely un-assembled, then put it together… once in Kenosha, presumably.

Even if true, that aids his defense case only marginally, as it still leaves him admitting that, as a minor in Wisconsin, his client was open-carrying a “dangerous weapon” — the AR-15 semi-automatic rifle — and that’s… itself a predicate felony. [There is a sh!t-ton of video proof of the truth of that fact. Even if the claim will be that someone in Wisconsin gave him the AR-15 to use that night, he still wasn’t allowed to possess a dangerous weapon no matter where it came from, in an open carry posture, as a minor — at a chaotic protest, at night… under Wisconsin law.] All that, before he ever raised the weapon.

All of this is written as of Sunday August 30, 2020, so things may evolve, but at this moment, Pierce is saying they may “fight extradition” to Wisconsin, since his client will be incarcerated as an adult under Wisconsin law. He is in a juvenile facility, now — under Illinois law. But at 17, in Wisconsin, since he is charged with at least one first degree murder, he is to be tried as an adult.

Next, comically, Pierce is quoted as saying they will assert that Rittenhouse was part of a “well-regulated militia“, as a defense. This suggests a second amendment defense. Except, of course that such a defense — even if (wildly improbably) it is successful — (it simply means he might have been allowed to possess, but not fire, that weapon)… it will not exonerate him of the actual murders, in the streets, after — as is undisputed, at this point, Rittenhouse was ordered by Kenosha police to leave, as he was in fact trespassing on private property, and a minor out with a dangerous weapon, after the lawful curfew had been imposed. He was neither press or law enforcement. [And it is beyond sadly comical for Pierce to suggest that his actions (per the numerous videos) looked… “well regulated“, and/or governed by the orders of any militia’s authority. Nope. This boy committed multiple felonies before he raised his semi-automatic rifle, loaded with a 30 bullet clip.]

So, again, it is now undisputed he was committing multiple felonies before he ever even raised that AR-15, and fired it. And the order of the killings… matters, and immensely so. See below.

I should note that Pierce goes on to say various other irrelevant things, but leaves all the above standing. Intact.

Now, the center of Rittenhouse’s problem: Under Wisconsin law, Pierce cannot argue — let alone win — on a self-defense theory, if Rittenhouse was the aggressor, using unreasonable force, compared to the threats that animated the shootings.

As the DA’s complaint quotes the coroner, it is undisputed at this point, that his first murder victim died almost immediately — from a shot through his back, one that ruptured his liver and lung. IN THE BACK. The first victim was running away from Rittenhouse, and his AR-15, when Rittenhouse first fired, obviously.

The videos show that this first victim threw a plastic bag in the direction of Mr. Rittenhouse, but was completely unarmed. Under Wisconsin law, then — it will be near impossible to claim self defense; he was the aggressor when he fatally shot that first man in the back.

Even if he beats the next two charges, claiming self-defense — this first one carries a mandatory life without parole sentence, in Wisconsin.

So — I get why Pierce might fight extradition.

But the same result (more or less) will come to pass, in Illinois — and it is absolutely clear that after Illinois tries and convicts and sentences him, Wisconsin will be able to do the same, when he is in custody, as a convicted felon.

So at the very most, this is a delaying tactic.

Deplorable — as the victims’ families deserve certain and swift justice here.

Updated: Condor predicts… Pierce won’t be up to this near-impossible defense, now — internet video has surfaced, of Pierce’s client — after a prior (likely unrelated to Kenosha shootings) verbal altercation involving some teenage girls — girls! — and young Rittenhouse is seen repeatedly throwing full force, closed fists, hooks and jabs into the head and face… of a teenage girl. Some other girl ultimately stops him. Here it is, until someone takes it down:

Out.

Wisconsin Lt. Gov. To Trump: Stay Out Of Kenosha — You Won’t… Help Things. At All.

No surprise, but Trump is (once again!) looking to stoke divisions by visiting Kenosha on Tuesday. [The White House said he’d meet with Kenosha police — but not with the families of the dead and wounded, or any protesters.]

The state wide leaders [Democratic political leadership controls Wisconsin, at the state-wide level (except the state Supreme Court there), to be fair] are forcefully-discouraging him, from appearing — for very solid human rights-, not political-, reasons (per Reuters):

…Wisconsin’s Lieutenant Governor Mandela Barnes said on Sunday the state does not need a visit from President Donald Trump, after his “incendiary remarks” on the racial protests in the city of Kenosha….

“They centered an entire convention around creating more animosity and creating more division around what’s going on in Kenosha,” Barnes said on CNN.

“So I don’t know how given any of the previous statements that the president made, that he intends to come here to be helpful, and we absolutely don’t need that right now,” he added….

I may well head up there, come 6 AM Tuesday morning, as the fine regular people of Kenosha deserve — and will receive — support from people of good will, from the home-town of young Jacob Blake.

नमस्ते

[U] John, With Two More “Non-Stories” Here… Y A W N.

First, John claimed again, this afternoon, that there will be a turning to red in Minnesota. And Wisconsin (again). Even if he might be right about Minnesota, he is just wrong… about Wisconsin. So the entire premise, of a second term for Trump being delivered by MN and WI, is just so much wishful Hinderaker thinking, unless Trump enjoys a durable 20 point post convention bounce. Right now, without regard to durability, it looks to be a little under a tenth of that — or about two per cent (as candidly acknowledged even by John’s co-hort, Paul M.).

Suburban voters — college educated white women, in the suburbs and exurbs, particularly — have moved over 15 points AWAY from Trump, essentially nation-wide. And it has been steady and increasing since late 2019. Which is why Texas (to engage in the same fanciful thinking John does, with about the same probabilities) may go blue. If that were to happen… Yup: Game over. Y A W N.

John’s second one, tonight… supports even less actual news value. He cites the widely discredited (via clearly caught repeatedly in lies) “Judicial Watch” organization, led by the execrable Tom Fitton (a store-front lawyer), for the preposterous claim that Trump’s own Bill Barr is… sandbaggin’ the investigation into the origins of the Russia matter. Right.

He may be, but not for any of the reasons John posits — it is not deep state dragging its feet on FOIA requests.

No… it is that this guy Fitton, and all his theories are so just much… flop sweat. They are D.O.A.

And even Barr now knows his own guy looking into some “huge conspiracy” among Obama era people to somehow “frame” Trump in 2016… has come up… dry. As the Sahara.

Tonight, it is effectively September 2020. If the craven Barr and his few DoJ Trump loyalists had anything, anything real, at all… it would be splashed all over that NY Post rag, and or the silly little Washington Examiner, by now.

It… is not.

John — there is no “there, there” — just as Buckminster Fuller once memorably said of Cleveland. But actually, there is far more “there, there“… in Cleveland, than in the nonsense Q conspiracy theory now pushed by Fitton, or for that matter — in Hindereaker’s or Fitton’s… remaining (unpickled) brain-cells.

Out.

Thousands Are Still Being Held. What Is Wrong With These People? Govt. To Deport In “November 2020” Is A Direct Violation Of 14 Days Release Of Minors. Full Stop.

Overnight, renown children’s rights advocate Peter Schey filed another fine challenge to Trump’s lawlessness — pointing out forcefully that listing some children and their parents as “properly” detained because “they will be put on an ICE flight to be deported by mid-November 2020…” is itself a violation of the Flores settlement / consent decree. Children are to be moved to safe, unlocked day care / licensed care facilities, within 14 days, at the absolute outside — and 72 hours, with respect to children under the age of five, as contemplated by the Flores orders.

More directly, it may be safely assumed that this “punting” to November is simply a cynical way of saying. . . if Trump loses, we will release these children.

If Trump wins, we will fight tooth and nail to deport them, and continue to violate the settlement. In either case, the government filing admits it is daily harming. . . children, in violation of applicable law. So the Schey-led portion of the plaintiffs’ team is asking for video-conference monitoring calls, since Sarah Fabian will not advise these parents of their legal rights (despite a clear court order to do so):

…The Report states: From July 22 to August 17, 2020, 126 Class Members were released into the interior of the United States.

Concern: The Report does not explain why these class members were released or whether they were released in compliance with the FSA or simply because ICE decided to release their parents for unknown reasons.

In order to respond fully to the Juvenile Coordinator Reports and to enforce the monitoring rights of Class Counsel under Paragraphs 32-33 of the FSA, Plaintiffs informed Defendants that they wish to conduct video conference interviews with detained Class Members and parents. Defendants have not responded.

Plaintiffs believe they are entitled to such monitoring during the COVID-19 pandemic and will further meet and confer on this issue and advise the Court and Special Master/Independent Monitor if Defendants refuse to permit monitoring and Class Member interviews via video-conference….

The very lives of these children — and their families hang in the balance of this 2020 election. Whether you are wild for Biden/Harris or just still disappointed that Bernie didn’t get the nod… or for any reason luke-warm about the Democratic ticket… please realize: if you stay home, you ARE voting for Trump. You are voting for what is becoming genocide at the border. And if he were to win re-election, these kids’ deaths (and there have been over 13 deaths, and there will be more of them) are yours to bear. So vote. Vote blue.

There really is no case for a “moral Trump vote“, any longer. See masthead. Onward.

नमस्ते

Cy Vance’s Second Circuit Brief (Filed Overnight) Is… Killer. See Ya’, Trump.

There is almost nothing Trump’s people could write to salvage this now. It is a dead letter — a dead issue — a… dead… end.

If and when this reaches the Supremes, again (after losing last time, there) Trump will need to show that his right to stop the subpoena, and thus his view of the applicable law is “indisputably clear“. See below; it is, but not in the way Trump imagines: it is now indisputably clear that he. is. wrong. on. the. law. Hilarious. [Prior background, here.]

Here is the full brief as a PDF, and a bit:

….Appellant should not be allowed to recast his application as a request for a stay. Appellant has indicated that if this Court denies his current application, he intends to seek similar relief from the Supreme Court, Dist. Ct. Dkt. 74, at 1 n.*, where “a significantly higher justification” is required for an injunction pending appeal than for a stay pending appeal. Respect Maine PAC v. McKee, 562 U.S. 996, 996 (2010) (quoting Ohio Citizens, 479 U.S. at 1313). To obtain such an injunction, an applicant must demonstrate that the legal rights at issue are “indisputably clear.” Hobby Lobby Stores, Inc. v. Sebelius, 568 U.S. 1401, 1403 (2012) (quoting Wis. Right to Life, Inc. v. FEC, 542 U.S. 1305, 1306 (2004) (Rehnquist, C.J., in chambers)) (Sotomayor, J., in chambers); accord Lux v. Rodrigues, 561 U.S. 1306, 1307 (2010) (Roberts, C.J., in chambers). While Appellant cannot show grounds for relief from this Court under any standard, as detailed below, he should not be permitted to evade a demanding standard of review by mislabeling his request for injunctive relief as a request for a stay….

As I say — trying to be “too clever, by half, often leads to… losing… ALL.” That is so here — but the American people will win: they will see the rule of law prevail over a… dictator. Smiling, now… as I look toward Arizona, and a painted sunset on the baby-girl’s saguaro cacti….

नमस्ते

I Will Quote Only The Ninth Circuit Dissent — In This Temporary Stay Order, Out Of Portland, This Morning…

I expect this will all get sorted out in early September — and the court has ordered that the “marking of press emblems” discussions… continue, while the briefing — and argument — in the Ninth Circuit proceeds.

We should know soon enough, but here is the just entered order — and that dissenting bit, which is the better view of the applicable law here:

…McKEOWN, Circuit Judge, dissenting:

I respectfully dissent and would deny the Federal Defendants’ request for an administrative stay. The factual conclusions underlying the entry of a preliminary injunction are reviewed for clear error. See Alliance for the Wild Rockies v. Cottrell, 632 F.3d 1127, 1131 (9th Cir. 2011).

In light of the deferential review accorded to the district court’s factual finding at this stage, the district court’s extensive factual findings with respect to journalists and legal observers, including the finding that the injunction would not impair law enforcement operations to protect federal property and personnel, and the fact that a temporary restraining order has been in place since July 23, 2020, the government has failed to meet its burden to demonstrate either an emergency or irreparable harm to support an immediate administrative stay. I concur in the order with respect to the markings….

Onward, grinning — at DC… this morning.

नमस्ते

This Is Not News. And It Is No “Bombshell.” It Is John Hinderaker… Lying Again.

In a transparently stupid move tonight, John pretends that the world is learning something new, related to the George Floyd homicide — by cop.

The world is not. This contra- report was known within days, and reported on by the press.

The officer is NOT “a man without a country“, somehow vaguely… wrongly accused, according to Hinderaker.

He is right where he… belongs. And John knows it.

In the law, there is a doctrine as John well knows (or at least… knew, before he went soft in the head) called “proximate cause“. As it applies to the criminal law pertaining to conduct of police officers making a dangerous arrest, if the officer’s kneeling on Mr. Floyd’s neck impeded his breathing in any significant way (especially after he said he could not breathe, repeatedly — and was later… pleading for his life), it is manifestly no excuse that other causes might possibly have exacerbated his condition.

In sum, once the officers arrested Mr. Floyd and took control of his body — they became responsible for his safety — because he could no longer be counted on to be able to protect his own safety. Even if he was swallowing his tongue on the ground, without them touching him, the officers were duty bound to reach in, and try to dislodge his tongue from his throat. That is the law — since once cuffed, he cannot do it for himself. Case citations available on request. But the proximate cause of his death was… impeded airway.

That he died — unless the officers had never touched him, at all — is “on their watch”. Their tab. And as it happens, the officer was putting the full weight of his body down on Mr. Floyd’s neck for over seven minutes. That is not disputed. And the FINAL (not draft) cause of death — from the coroner’s report was… cardiac arrest, from asphyxiation.

That’s official; not some crap John makes up.

John is guilty as charged — he’s a prevaricating racist’s racist. And John knows any reasonable jury will so find. But, like Steve H. this afternoon — these racists… gotta’ racist. In short, to try to defend the indefensible.

Now I will post my prior one from three weeks ago, answering John on this precise topic — thus proving this is no news.

Idiot cannot even keep his dumb lies straight. Charming, John.

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

Dateline — August 3, 2020

It was Georg Christoph Litchenberg who said (albeit of books) “[a blog] is like a mirror: if an ass… peers into one, we should not expect that… an apostle will peer back out.” True — in spades, of John Hinderaker — over these last 15 years, to be sure.

Tonight, John joins the chorus of openly gleeful racists — those who offer “truther sh!t” — about their lunatic non-theories on the cause of death of Mr. Floyd.

I guess it is to be expected — as we’ve long established that John is a regular, card-carrying racist. In context then, here is his punchline:

“…Floyd complained of being unable to breathe long before anyone knelt on his neck. (Shortness of breath is a symptom of fentanyl overdose.) He apparently preferred being on the ground to being inside the squad car….

But Floyd’s autopsy found no evidence of physical trauma [Ed. Note: flatly false] in the neck area, and documented no other signs of death by asphyxiation. It may be that what we are actually seeing in the video is one of tens of thousands of deaths due to opioid overdose. Or it may be that Floyd died later, on the way to a hospital.

I am not a doctor and have no opinion on Floyd’s cause of death….”

I guess non-doctor, non-lawyer Hinderaker was also too busy writing about how bad (what he calls) “woke” sports is, to check the actual, final on the record Hennepin County Medical Examiner’s office opinion of mid-June 2020, that Mr. Floyd’s death was a homicide. Thus, from one of dozens of news articles, available in a two second Google search:

“…Both the Hennepin County Medical Examiner’s office and an autopsy commissioned by George Floyd’s family have ruled that the death of Floyd – in an incident that has triggered nationwide unrest – was a homicide and the 46-year-old’s heart stopped beating while police restrained him and compressed his neck….”

So — our central object lesson, re Hinderaker, here? Yawn — a racist… is gonna’… racist. [But Mr. Floyd’s family ought to sue — for libel.]

Out.