[U: Throughout — DA’s Complaint Now On File.] Steve Hayward Intentionally Mis-States Rittenhouse Video Timeline… To Argue Self-Defense. Disgusting.

Let us start from the remedial beginning, for Steve’s educational benefit — as he’s (wholly-unsurprisingly) now become an apologist / racist-co-conspirator — for an… assassin.

Yes, young Rittenhouse may sue me… for calling him that. [He will lose. Truth is an absolute defense here, in the US. Updated: the full first (may be subject to upgraded charges, later) “Life Sentence” (Murder) felony criminal complaint, from Kenosha County DA’s office, here.]

You see, young Rittenhouse committed at least two felonies before he arrived in Kenosha (wholly unmentioned by Hayward’s fevered racist scree) that night: he is under-age, so he may NEVER lawfully open carry, even so much as a handgun (in Illinois) — due to his tender age (but certainly not a semi-automatic 30 round magazine AR-15, as it is not a permitted hunting rifle under Illinois Fish and Game regulations)… in EITHER Illinois, or for that matter, Wisconsin (not as a game hunting rifle). He did just that, with that semi-automatic AR-15, in both of these states on the evening of the 25th.

Next, he crossed state lines, with that semi-automatic weapon he is not allowed to possess, unlawfully driving on an interstate highway (again, under Illinois law). [As of Sunday August 30, 2020, his lawyer — the same guy who just lost the would-be Carter Page libel case against the DNC, in Illinois, BTW — is saying he will assert that Rittenhouse was part of a “well-regulated militia“, as a defense (I’ll bury that claim in a separate post tomorrow). Then he goes on to say the AR-15 he used “never crossed state lines“. I take it he means to refer to the Illinois law that if completely dis-assembled, the parts may be driven across state lines, lawfully. But that still leaves one or two pre-shooting felonies in place, in Wisconsin — and removes his self-defense claim, as he was the aggressor when he fatally shot that first man in the back. End update.]

These two/three felonies (to play the other side of Steve Hayward’s tedious semantic games) prior to any shootings, make charges of felony murder possible, regardless of what happened subsequently on the street, in Kenosha, a few hours later that evening — ALL these other people died, died in the course of Rittenhouse’s ongoing commissions of felonies. See prior paragraph. Steve’s entire defense is now — to coin a phrase — shot. The kid IS NOT LAW ENFORCEMENT. Full stop.

But there is — of course — more:

Rittenhouse shot (according to the DA’s sworn murder complaint, and the time codes on the video on Twitter) his first assassination victim straight through the heart, from behind, from a considerable distance (but his shot actually perforated the lung and liver of the victim — an instantly fatal wound). In sum, Rittenhouse clearly took what he might call (as a boy-gamer) — a “drop/kill-shot“. Into the victim’s back. And he landed it — this little puke. This guy was treating it like a video game. But he instantly killed a man — from a distance — with his AR-15 semi-automatic rifle, with his first shot.

After this, whether there were other gunshots is irrelevant. He had no lawful right to be on the street at all (past curfew, and trespassing, AFTER a lawful police order to him personally, to disperse — as a minor), let alone with that AR-15 of which he was not in lawful possession, under both Illinois, and Wisconsin law. [I might primarily argue under Illinois law — but why quibble, here? Steve H. is clearly no criminal law expert, though — that is clear — nor are the NYT reporters he mentions for corroboration, apparently.]

Rittenhouse’s only (minimally-) lawful course, after the very first order to disperse (as a minor in possession of an unlawful firearm, violating a curfew), at that point was to immediately retreat to his vehicle; lock the AR-15 in his trunk — and drive away — before firing any shots. He chose to stay, on private property (not his property) he had already been ordered by police to leave. Once he disobeyed a police order to disperse — he had zero right to be there.

Then he fired his semi-automatic weapon at another human, some distance away (another felony). That man was also fatally wounded. As a trespasser, in the street, at that point, Rittenhouse had no “stand your ground” rights, under Wisconsin law — despite Steve H.’s fevered rantings.

That additional shot ALSO killed an unarmed human. From then on, even if he was firing subsequent shots in some supposed “self-defense” — he was certainly already guilty of felony murder [see DA’s complaint].

Everyone dead — or injured — EVERYONE, even people not shot by his gun… after that, he may properly be charged with, as an “in the course of his multiple felonies” culpable death. Case closed.

So — you racist a$$hole, Steve — please just shut the F#CK up. [The kid is also on video uttering racial epithets, before the shooting started. Nice choice of Trump’s “very fine people” to defend, Steve.] You do not know — in fact, have no idea — what you are talking about. And you insult all the dead victims, the injured — and their families and loved ones with this hateful bullshit.

Just struggling so mightily to make it okay to kill people. Jes#s H. Chr#st. Take a seat, Steve — let the adult lawyers charge this appropriately, now. Just watch.

Out.

John Seems… A Little Lost. But There’s No News, In That… Here’s The Map — Everest’s Summit, Son. Cheers!

This morning, apparently largely because John loves watching things burn (including his credibility — as a political forecaster!), he opines that he now thinks both Minnesota and Wisconsin will become red states (again) — for Trump in 2020. Both of them went blue at the mid-terms in 2018, and Wisconsin was reliably Obama territory for eight years.

Putting aside for the moment that no incumbent presidential candidate running for re-election has EVER been this far behind, this late — essentially “after” his GOP convention — unless Trump sees a 20 per cent permanent “bump” from the convention… he and Pence are unemployed, come November. I say so, because the “riots” (Hinderaker’s term; most Americans see them as “uprisings”) are abating as I type this. Kenosha was calm overnight — and the sporatic, spasmodic violence in Minneapolis John positively gloats about, overnight… will soon also pass. That leaves Trump about 60 days away from perhaps 250,000 dead Americans (from his COVID-19 failures, as a leader) in November, along with likely the highest unemployment totals since the Great Depression of the 1930s — and a more than $3 trillion deficit he created.

Not the kind of values that carry well, in the Midwest as John well knows — as a very dear price to his credibility (given he was dead wrong about Romney’s chances in 2012, and barely suggested Trump had a chance in 2016). Even so, the race will likely tighten a little as we get into late October — it always does (except in 2008 for Obama, and 1980 for Reagan).

In any event, he says what he says about MN and WI, because… (wait for it!) “law and order.”

Hilarious. [The guy at right is the GOP’s poster boy, for “law and order” — remember John? It was only a month ago Trump commuted him. Best of luck with all that.]

In fact, he says the path is “open to a sweep” for the GOP nationally (whatever he might think that means).

I suppose by John’s “logic“… such as it is — that could be true. It could be true, just as the “path” to the top of Mt. Everest is wide-open, to John, this morning. But he is two oceans away, in a light wind-breaker — with no gear. But sure, John, the path to the top of Everest is… open to the GOP, for a sweep.

Team Trump/Barr Seeks “Emergency” Stay Of COVID-19 Risk Abatement Procedure… As A Collateral Attack On Family Planning Rights.

In Pennsylvania earlier this summer, the ACLU won a nation-wide injunction against the Trump Administration’s attempt to single out so-called abortion pills’ provision requirements, during the pendency of the COVID-19 pandemic. Trump affirmatively changed rules, or at least continued to allow many drugs with significant side-effect risks, to be received at home, and taken — without need to actually visit a doctors’ office, or a hospital, in order to reduce the risk of virus transmission, while obtaining the drugs by in-person visits. Trump would not grant that same relief to… abortion pills. [If Trump’s administration thinks it too great a risk to have to visit a public doctor’s office to get say a heart med refill… it is per force discriminatory to impose that burden only on family planning drugs.]

The ACLU rightly pointed out in its various legal filings on this matter, that by making life-threatening viral exposure risks a condition of treatment for medication abortion and miscarriage care, the FDA’s continued maintenance of the Mifepristone In-Person Dispensing Requirements jeopardizes the safety of patients, clinicians, and the public at large, with no countervailing benefit — and with particularly severe implications for low-income people and people of color, who comprise a disproportionate share of impacted patients — and who are already suffering and dying from COVID-19 at substantially higher rates, than the general population.

And so, an able USDC Judge in Philadelphia enjoined the Trump camp from singling out abortion meds, for a requirement to visit one’s doctor in person, to obtain the same.

Overnight, Bill Barr and the Trump lawyers asked the Supremes, on an emergency basis, to suspend the appellate affirmance of relevant court’s injunction (by entering a new stay) — and force women to go to doctors’ offices to get the pills. Here is that bat-sh!ttery-infused filing:

…The district court… enjoined the enforcement of those longstanding safety regulations on a nationwide basis for the pendency of the COVID-19 pandemic, holding they pose an undue burden on abortion access under Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 (1992), because of the potential costs associated with visiting a clinic during the pandemic. In a one-sentence order, the court of appeals declined to stay that injunction, thereby allowing a single district judge to dictate national safety requirements for medication abortion in the middle of the current public-health emergency [note that this gets it exactly… backwards, here — he simply ruled that if FDA thought it safer to stay home to get medicines, then that should apply to… all similarly-situated medicines]….

The lower courts are right — and the Supremes will agree. There is a firm constitutional right to autonomy, in family planning decisions — and safety from viral infection. In may ways, this is Trump/Barr openly criminalizing poverty, by trying to interfere with private, constitutionally-protected family planning decisions — in sum, to attempt to so regulate a woman’s uterus (to the exclusion of men’s scrotums — they don’t require a doctor’s visit to get a… jimmy)… yup, it is all pretty darn… what’s the word I want here? Oh. Right… deplorable.

Onward, as I am apparently in a bit of a mood, today(!). Sorry — not sorry — for the coarse language.

नमस्ते

Flores Litigation Update: Independent Monitors’ Report Details Vast Increase In Border Actions Against Children — Without Clear Policy Guidelines, In Time Of COVID-19

This is a national disgrace.

A national disgrace that will go mostly unreported… because the worst hurricane to hit the western Louisiana gulf in 130 years is right now ripping through Natchitoches, and the NBA is likely to announce the end of its season tonight in a league wide boycott [while the WNBA is likely to follow suit — as are MLS and (wait for it!)… MLB (suck that, Paul M.!)]… all in response to, and as a result of the outrageous police brutality / shootings, and subsequent private militia / vigilante assassinations in Kenosha, Wisconsin.

In the pure chaos that seems to increasingly define 2020, the above two stories are playing out… while a completely false “law and order” themed GOP convention oozes onward, in an ongoing “ode to hisself” by the Cheetolini. [It is telling, I think, that on each night so far of this purported “law and order” convention, at least one officially endorsed speaker included a currently indicted person — for all manner of crimes, from insider trading (Wednesday)… to felony hate crimes (Monday)… to now legally-barred from ever running another charity organization / indicted for financial fraud (Monday; Tuesday; Thursday). The final two (at least) being close Trump advisors and family members. Charming.]

So, indeed — this may not get much national coverage, but there has been a 52 per cent increase in the number of children essentially abducted (and family units targeted), in the last six months, in border operations — without any clear enforceable policy-protocols, to ensure they are treated with the minimum standards of decency expressed in a long-series of federal court orders, and federal statutes and international treaties… all during a very dangerous global pandemic.

That is the upshot of the overnight 21 page independent federal-court appointed monitors’ report:

…Of the total USBP enforcement encounters on the Southwest Border from March through July, including Title 42 and Title 8 actions, 8,661 of the individuals encountered were unaccompanied minors and 8,713 of the individuals encountered were members of family units. However, because statistics for the total number of unaccompanied minors and families encountered do not specify whether those encounters involved enforcement actions under Title 42 and Title 8, it is unclear how many of the total number of unaccompanied minors and family units encountered by USBP and OFO were detained under Title 42. The total number of USBP enforcement actions against unaccompanied minors increased by 52% and the total number of USBP enforcement actions against family units increased by 26% from June to July….

Formal systems of custodial care for children have been well defined and require specialized custodial elements, continuous oversight, and specialized training of relevant personnel. These specialized services and formal protocols seem particularly important for children who test positive for Covid-19. While the recommendation to exclude single minors from the THP pertains to all single minors, it is particularly directed at single minors below the age of 15 years. The current informal practice of excluding single minors less than 10 years of age, while welcomed, is not fully responsive to the safety and sanitary vulnerabilities of young children, including children aged 10 through 14 years of age. Simply put, the lower age limit for single minors assigned to the THP should be formalized and raised urgently from 9 to 14 years of age and alternative custodial programs for all single minors should be pursued….

Will the real members of the once-principled GOP please stand up, and declare to Trump that we are a nation of laws, not tin-pot dictators? Will this “claw and order” convention please agree that if you’re for… actual law and order, you cannot decline to sentence ex-Gen. Michael Flynn, commute five-felony convicted Roger Stone, nor allow a just federally indicted Steve Bannon (“We Build The Wall” charity theft, and financial fraud)… to speak on the platform?

Of course not. Because the leader they all kow-tow to… is himself a vainly stupid RICO style gangster.

[Oh. And in this same Flores class action litigation settlement, Sarah Fabian has again (this week) appealed to the Ninth Circuit, related to her duty to comply with prior federal court orders — and her admitted FAILURE to meet and confer — about how to comply with PRIOR Ninth Circuit court orders. That ought to go… well. Or… perhaps… not.]

Out.

नमस्ते

[U] Hinderaker Is Mum On Kenosha, This Morning: Man NOT-Affiliated With Police Fires Lethal AR-15 Shots Into The Back Of One; And Kills Another; Wounds A Third.

Just now at Noon, John race-baited — but failed to mention the white assassin, thus “…I think a couple of things are going on here, one being the riots, which are deeply unpopular with almost everyone and are generally (and correctly) attributed to Democratic Party constituencies….”

Hey Hinderaker — please explain/defend how the actions of the guy at right — a cold-blooded murderer/assassin, BTW (per the DA’s now on file “Life Sentence for Murder“ complaint) — fits into your false narrative — “your column of support.” Thanks. End update.

It now seems clear, from video at the scene of these crimes last night, that a 17 year old white man, with an AR-15, and allowed by police to cross the lines, intermittently… was the assassin who killed two, and injured a third one of the protesters.

He is an avowed vigilante (and prominently appears on video — at a January Trump rally), and via his Facebook postings (announced his intent to be “militia” in Kenosha, in advance, to police, on Facebook) — and it seems he was (via the video)… either ignored by several of the police officers at the scene, or (perhaps) tacitly approved, by at least some of them. [Full felony murder complaint of the Kenosha DA’s office here. Please read it all]

No one stopped him. But Twitter has ID-ed him. He will be is now in custody outside Antioch, in Lake County, Illinois — Charged with First Degree Murder shortly, we presume.

And John — after gloating overnight (and again at noon today, Wednesday) that this sort of lawlessness would “help Trump win Wisconsin…” should apologize for his incendiary rhetoric.

He won’t. He’s… a coward. Like all racists — he’s… a frightened little boy, underneath.

Any comment on these budding young Trump-supporting Klansmen, John?

Anything?!

Out.

[U] I’ll Likely Regret Sharing This Detail… But I Do Know The Young Man’s Family…

UPDATED @ Noon 08.26.2020: for the overnight murders of two protesters, by a white man (likely at least tacitly approved by some of the police on scene) with an AR-15. He’s 17. He will be in custody shortly. And John will say… zip about it. End update.

As it happens, the original police shooting victim in Kenosha is a fine young man… he went to the same large public high school as all three of my kids — and his student time was bookended, by my own two boys — one of mine, two years ahead of him, and one more, two behind him. [Let me say at the head: he, and his family, would want no violence done in his or their names. So please people, protest — march — chant — but do not commit violence. That is not the answer. Three more shot overnight, two fatally — this will not help him walk again. Please leave the guns at home.]

In high school, he was a great athlete, played varsity football and basketball — and took on community leadership projects in his spare time. His family is well-known here for their long-standing aid to the limited means community, and their civil rights activism — going back three generations — in our town. His grandfather (after whom he is named), was revered, as the long-term pastor of Ebenezer A.M.E. on Emerson, and helped build the first primarily low income serving senior home in the center of town — inside the Fifth Ward (historically, heavily African American), acquiring the land in a smart deal, from Northwestern University, to do so. I know them going back several decades… I do.

This family (very much like the one I married into, in truth, here — my own father in law is the dark-skinned man in the far upper left of this pair of sepia-tone images at right, a Northwestern educated medical doctor — who indeed hosted Dr. King, in our home-town) — the young man’s family was, and still is everything Dr. King ever preached about. This young man moved to Wisconsin just a few years ago. All of that does not completely rule out any possibility that the young man was the aggressor, but in my estimation… it makes it very unlikely (based on thirty years‘ of knowledge — of this family).

The word from the generally reliable folks in the ‘hood, in town, from his cousins, aunts, uncles and father… is that he was trying to break up an emerging violent domestic abuse situation (one that did not involve him directly, they say), when the Kenosha police arrived. He was, in sum, caught in the middle — as a peace-maker. This information has not yet been made public (as the investigation is just beginning to unfold), but John Hinderaker will learn it in time, and he will owe this man, and his family, a very deep and humble… apology. Not that he’s a big enough man to offer one.

And, to explain Hinderaker’s other primary libel, tonight — the alleged third degree (misdemeanor) sexual assault claim is from early July — an unwanted touching claim, from his ex- — the mother of two of the boys. He was not being sought on a warrant — as John falsely and recklessly claims, tonight. There was no felony warrant — at all. [So trying to arrest a misdemeanor offender, at most — NEVER allows lethal force, even if “the suspect” runs. Case citations on request.]

Oh. And his kids were in the car, which is why he was heading back there — to make sure they knew he was okay. So they wouldn’t be traumatized. Instead, sitting inside the car, they saw the officer fire into his back three times, hesitate, then fire four more times. In all, the officer struck him five times — missed twice. And his babies were in that car.

These are all facts — facts John will ignore, to try to demonize a man who was the clear victim of an attempted “murder by cop situation“.

He will likely never walk again. John — you are very depraved, sad, bitter old fart — one who cannot reserve judgment — even for a few days, when it comes to racial matters.

So I have “over-shared” — from my own life — to shut John the F#CK up.

Shut up John. Just shut up, you racist tool.

Hinderaker’s Busy Tonight, “White-Washing” Another Murder By Cop (Attempt)… Say His Name: Jacob Blake, Age 29 — Kenosha, WI.

Okay. I knew John would just have to pontificate — to tell us all… how righteous he, and his fellow whites, are. I would like to compare two cases, as long as he’s feeling… loquacious.

I just knew it.

Yes. I think it best to compare young Mr. Blake’s facts — to those of… one Adam Michael Zaborowski, of Slatington, PA, age 35. He wasn’t “handling the pandemic well” — when he got into an altercation about being required to wear a mask at some store… and local (white) police officers were called. He then… FIRED his AK-47 — at the police, on the scene.

Not one officer immediately shot him. In fact, he was only hit in the leg and buttocks; intentionally non-lethal shots taken by the white cops. That was 39 days ago. He is all but completely recovered.

He is… of course, W H I T E.

Mr. Blake is Black; he was obviously completely… UNarmed, and was returning to his car — presumably to make sure his children — still in the car, were safe. There had been a domestic disturbance. But an officer shot Mr. Blake point blank range five times in the back in front of his kids, still in the car — seven shots total, at almost the same time another officer tased him.

Thankfully Mr. Blake has survived his multiple hours of emergency surgery — and is now stable, in an ICU bed.

But… F#CK John Hinderaker. F#CK that guy. [He immediately asked if BLM ought to “bear responsibility” for the uprising that occurred last night in Kenosha. Insane. No, those white officers were the proximate cause, John — yet not a peep about the white officers who tried to murder… an unarmed man. Not even a word of reprobation, for them, John?! Seriously, dude. You are… an ass.]

Unless he’d like to explain all the privilege differences, of firing an AK-47 at officers, when white — in a no masking dispute — and being lightly wounded only after he’d fired an automatic weapon at the cops… compared to an unarmed guy, being shot five times point blank, in the back, by white officers…

Yup. Hinderaker should just shut the F#CK up.

John — you, man — you are a born again Klansman.

Sit down and shut up. Better yet, take a knee (with Kap, during the anthem, next time you’re in a ball park in 2021) and pray to that protestant God of yours, that he won’t judge you too harshly when you walk to the pearly gates — for this unblinking disrespect — of your fellow humans, without regard to color.

Out.

Now, Cy Vance Will Actually “Save Time”… By Allowing Second Circuit To Rule…

…Otherwise, we may be certain — given Team Trump’s proclivity for filing nonsense so-called “emergency” motions in front of the Supremes — Mr. Vance’s office would need to wait for that “shadow docket” proceeding to run its course (as we suggested on last Friday night), before it would likely get the Trump financials.

So, instead — in what was likely an agreement, here — Cy will be able to depose Eric Trump, in his role at the Trump Organization — while the Second Circuit reads, and then likely denies the stay/appeal now slated for argument on September 1, 2020. Of course, Trump may still appeal a loss there to the Supremes… but a denial at the highest court would likely come on swift wings, since Trump’s been up there once before and lost, badly (7-2) — on almost all the same facts. Here is the three pager, just filed by Mr. Vance’s office — and a bit:

…We write in response to your request for further forbearance on enforcement of the subpoena duces tecum issued by a New York County grand jury to Mazars USA, LLC on August 29, 2019 (the “Mazars Subpoena”) in light of the August 21, 2020 Order of the U.S. Court of Appeals for the Second Circuit denying your application for an administrative stay of enforcement of the Mazars Subpoena and setting your application for a stay pending appeal for argument on September 1, 2020.

The Second Circuit properly held in its August 21 Order that no administrative stay of the Mazars Subpoena is warranted, as your client is highly unlikely to succeed on the merits of his appeal and will not suffer irreparable harm if a stay is not entered. The New York County District Attorney’s Office welcomes the expedited briefing and argument schedule to resolve your full stay application contemplated by that Order. To ensure the Second Circuit has ample opportunity to consider thoroughly the arguments raised in your stay papers, and to avoid undue further delay, the New York County District Attorney’s Office hereby agrees to forbear on enforcement of the Mazars Subpoena until 5:00 pm on the second calendar day after the Second Circuit issues a decision on your application for a stay pending appeal….

Now you know… Trump is rapidly running out of options, here — and he’s had to let Eric be deposed, because there is simply no plausible reason young Eric cannot comply with (or ever might be excused from) garden variety NY/US criminal law.

नमस्ते

Paul M. Is Right: Over 200,000 US Deaths Likely By Mid-September — HIS MATH!

I just want to note that John Hinderaker STILL refuses to accept the reality — the pure math — even his fellow-frothy-right travelers now see.

Paul is right — John is WILDLY wrong — and John (as well as Trump) who’ve each continued to say that this level of deaths is… acceptable… are therefore… monsters.

BTW, this level is FIVE TIMES what John said it would be.

Moron. Feckless, evil moron.

Out.

TikTok Inc.’s Federal Complaint Against Trump — Now Filed…

Much as we said repeatedly over the last 30 days, Trump both lacks the authority to “ban” Tik Tok, and perhaps more importantly… cannot feasibly do so, given the distributed nature of global internet servers.

In any event, shortly here, I will have a link to the full federal complaint at law (as a 39 page PDF) — but here is a bit:

…[T]he actions directed in the August 6 executive order are not supported by the emergency declared a year earlier in Executive Order 13873….

It is revealing that the President’s order took no account of the national security review process involving the Committee on Foreign Investment in the United States (“CFIUS” or “the Committee”) that was still pending at the time of the executive order. Instead, the order was issued abruptly after the President had proclaimed in a campaign-style news conference that TikTok Inc. had “no rights” and that he would ban TikTok if Plaintiffs did not pay money to the U.S. Treasury to secure the U.S. government’s approval for any sale.

The President stated that he would use his IEEPA authority to force TikTok to “close down” unless it is acquired through “an appropriate deal” in which “the Treasury… of the United States gets a lot of money….

Neither TikTok Inc. nor ByteDance provides TikTok user data to the Chinese government, and the Chinese government has never asked for data on TikTok users or to moderate TikTok content. Plaintiffs would reject any such request….

The President’s demands for payments have no relationship to any conceivable national security concern and serve only to underscore that Defendants failed to provide Plaintiffs with the due process required by law….

Now you know. The man is a crook — and quite positively… the most inept crook on the planet. Onward, grinning.

नमस्ते