Hinderaker: Erh — Good One, Re Clinesmith. Now Do… Flynn, Manafort, Cohen and Stone.

No, John — I do think Clinesmith deserves to be prosecuted for his crime.

I just wish you could muster… one tenth of that indignation you exhibit here, for the likes of Ex- Gen. Michael Flynn — who (everyone with a working fore-brain agrees) was working for an enemy government, while sitting in, at Trump’s earliest Cabinet-level tables, post election. A man Mike Pence AND Trump both said lied to them, face to face — about National Security related payments made by foreign state actors, to him. [Yet, Barr wants him cut loose, after he twice pled guilty to these lies, in open court.]

Or for Manafort — and his nearly-endless string of crimes — including bank fraud, to aid foreign frenemies, without disclosing his acts to his own government — whilst he lobbied her.

Or Roger Stone (who Trump commuted, for five felonies)… that’s a guy who threatened violent harm against government witnesses, repeatedly — after being indicted on multiple felonies.

Or… Michael Cohen, who (among other things) paid tons of hush money to women on behalf of the sitting President (hiding it unlawfully), and thus committing campaign finance crimes to “G” for … THE SITTING PRESIDENT.

Yes… as we’ve long established — John slept through every lecture on “Irony“… back in 1972-76 — at Dartmouth.

Out.

John Hinderaker’s COVID-19 “Cognitive Dissonance Reduction” Theories… Continue, Unabated.

Since early March, John has pushed the obvious lie that COVID was no worse than a sort of bad year’s… seasonal flu. Wrong.

Then it was… it would die out by late summer. Nope.

Then, by late May (when that one was definitively eclipsed by pandemic bio-scientific facts), he began disgustingly saying we could no longer afford (economic theory!) to avoid killing so few of “the olds”.

By mid-July, he was saying “the deaths in the US were mostly… over“. Obviously wrong, the very moment he wrote it — as deaths were accelerating wildly, by then in Texas, Florida and Georgia.

Then it was… wait for it!… that we would soon hit herd immunity. [Preposterously wrong(!), not without over two million US deaths.]

Having been jaw-slackingly wrong — at every turn, he most recently resorted to arguing that the UK death rates meant too many US people think the death rates are higher than they are. But he entirely-neglected to explain why (he thinks) that might logically lead to a conclusion that we should fully reopen. Or how precisely that brings 170,000 people back to life — from the dead. [That’s like suffering SIXTY… 9/11s in a row, day after day, BTW.]

He reiterated that latest nonsense, again tonight. Amplified it, in fact. [We are now closely-approaching the worst record — on mortality, against numbers of infected — of any post industrial high-tech nation, in truth.]

But all of this — for John — is offered solely to reduce his own personal cognitive dissonance (because, as depicted at left, he needed a haircut!?). In all likelihood, by this time next month… 200,000 or more Americans will be dead of COVID-19. You know, the virus John glibly told us in March might kill fewer than 40,000. He was wrong by a factor of… five-fold.

And the death-toll will keep climbing, for so long as John poo-poos the need for masks, and real social distancing.

Feckless, immoral… moron, that guy.

Word, to John’s mother.

In Which John Complains About A Local Candidate’s “Foul Language”. Precious.

Ok-a-a-a-a-a-a-a-y. I do not condone this local candidate’s colorful language — to be clear.

But Mr. Hinderaker seems to be all in a lather, primarily, or perhaps solely1… because the local MN candidate is… a black Democrat — and he used some bad language. He updated his post to approve of the following commenter’s statement:

“…UPDATE: Commenter Roxy7 writes: I am old enough to remember when men including Black men would not use that type of profane language in the presence of women, children or the elderly [Ed. note: “Oh…. the humanities!”]. It was something
decent men simply did not do in public. Yet here you have a democrat candidate using this language to address women and what appear to be teenage girls. This profane ignorant ill mannered bitter person is someone democrats think should command respect and be placed in a leadership position? The people who support a man who would speak like this in public will be stunned [when Trump wins — don’t go betting the ranch on it, Roxy7!]
….”

I guess Roxy7 and John Hinderaker will now immediately seek the impeachment of the sitting preznit. [The money quote: “grab her by the pu$$y” on tape, no less.]

He is… ostensibly the leader of their party — and more gravely — the free world (for now).

You people certainly missed the portion of your English Lit. class syllabus… on irony.

Out, grinning….

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

1. I have read John’s posts for going on seventeen twelve years now. And not once — ever — has he complained about Trump using vile epithets to refer to women and their anatomy. Not once. The thing speaks for itself, as we say in the law — or in this case, its silence… does.

“Irony — thy name is… Hinderaker.”

Flores Update: Sarah Fabian — And Her Client, Trump — May Well Be Held In Contempt After September 4, 2020 Hearing, In LA.

The able lawyers representing various asylum seeking children and their parents and guardians in the latest maddening proceedings, in the now 35 years of Flores litigation… overnight formally moved to hold the US government in contempt, for what Sarah Fabian, at a hearing on August 7 (live blogged there) all but admitted were willful violations of multiple federal court orders.

The able USDC Judge Dolly Gee, in Los Angeles ought to hold Sarah Fabian1 in criminal contempt, based on the transcript of the August 7, 2020 hearing. Here are the latest papers (a 40 page motion and memo of law), filed overnight (and a (now corrected) 18 page proposed order informing would-be asylees of their rights, to be provided by the government — to every detainee) — and a bit:

…In Flores, the Court of Appeals held that “although the Agreement makes no mention of the words ‘soap,’ ‘towels,’ ‘showers,’ ‘dry clothing,’ or ‘toothbrushes,’… these hygiene products fall within the rubric of the Agreement’s language requiring ‘safe and sanitary’ conditions,” and that although “the word ‘sleep’ does not appear in the Agreement, … whether Defendants have set up conditions that allow class members to sleep in the [Border Patrol] facilities is relevant to the issue of whether they have acted in a manner that is consistent with ‘the INS’s concern for the particular vulnerability of minors’ as well as the Agreement’s ‘safe and sanitary’ requirement.” Id. at 914.21 This Court therefore “properly construed the Agreement as requiring such conditions rather than allowing the government to decide whether to provide them….”

Like the FSA’s provisions that facilities be “safe and sanitary and … consistent with the INS’s concern for the particular vulnerability of minors,” paragraph 12A’s requirement that “[w]henever the [Defendants] take[ ] a minor into custody, [they] shall expeditiously. . . provide the minor with a notice of rights” has “independent force and can be interpreted and enforced without thereby modifying the Agreement.” See Flores, 934 F.3d at 915; see also Gates v. Gomez, 60 F.3d 525, 531 (9th Cir. 1995)….

Defendants failure to adopt procedures to “obtain information regarding, and procedures for placement with, available and suitable sponsors” (June 2020 Order ¶ 6), also fails to comply with the FSA: When the parties agreed that Class Members would be entitled to prompt release — unless a flight risk, or danger, or a designated sponsor is unfit to care safely for the minor — they clearly intended for Defendants to adopt actual procedures Defendants would follow to assess a Class Member’s eligibility for release….

While neither the Court nor the parties know how many parents may believe it is in their child’s best interest to be released, the FSA does not permit Defendants to eliminate accompanied children’s rights under the FSA by failing to inform parents about their children’s rights and having no procedures in place to release minors if that’s what a parent believes is in her child’s best interest…. [Thus,] contempt of court is… [warranted.]

This is how totalitarian governments establish their toe-hold: they simply defy lawful court orders — repeatedly. We must end this. Now.

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

[1. Ms. Fabian’s obligations are clear — if she wants to avoid jail, herself: she should resign, and make a “noisy withdrawal,” under applicable professional ethics canons — declining to represent a party that is intentionally, repeatedly, violating lawful court orders. These willful pattern violations are endangering vulnerable young human lives, Ms. Fabian — you have an obligation — as an officer of the court (even pro hac vice).]

नमस्ते

[Tangent Alert!] Wu- Member RZA Writing A New [Non-Racist] Tune, For Ice Cream Trucks To Blast… In Your Neighborhoods…

Many of us, I am sure — recall hearing the approach of an ice cream truck, from a half mile off. The pling-ey sound-track was… unique — and unmistakable — and brought the kids right down into the street, all over the block.

We all knew the jingle most often played was “Away Down South, In Dixie” — a racists’ anthem.

But without the lyrics, and badly distorted by the tinny loudspeakers on the top of the rolling treat truck… it went mostly un-remarked upon.

Well, now the Good Humor ice cream folks are teaming up with RZA, of Wu-Tang Clan, to create a more welcoming (to all kids) and hopefully equally catchy tune — one without the racists’ slave song baggage.

I’ve posted this here, since Martin Shkreli (a topic of another blog of mine) owes much of his ongoing notoriety to his stunt in buying (and then faux-selling, on eBay) the album “Once Upon A Time In Shaolin” — and then losing the rights to it, to the US Marshals’ office, in asset seizure proceedings.

And — bonus! — it tweaks Hinderaker, on his desire to “preserve” our slavers’ heritage, as he sees it.

So it goes. Enjoy your sunny Saturdays folks… grin.

Great, John — That’s All Cool. Cool — Now Do… Trump.

Some times John says… the silliest of things. Okay, I lie: MOST times, now — Hinderaker says the darnest silly things.

Tonight is no exception — as he and the rest of the unthinking, blind-rage right can find nothing of substance upon which to attack Mr. Biden’s Vice Presidential pick.

So he offers this — as though it might be a fatal barb (preposterous!) — in the jaded world of today’s political sensibilities:

“…Kamala Harris is devoted to the political advancement of Kamala Harris….”

Cool; Cool….

Hey, John — let’s pretend I would believe that statement, for even… a moment.

Please offer any principle, other than lining his own personal pockets, your boy Donald Trump is (dare I say it?)… wedded to.

Yeah. Nope. Not so much.

“Whatsoever is (purportedly) good for the goose — is also certainly good for the… [tangerine-tinged] gander.” Or… in his boss’s mother tongue: “Cнова сделайте Америку великой, товарищ Трамп….”

Here endeth the lesson in rhetoric, young Hinderaker.

Out.

Hayward’s Sloppily-False Premise, On US COVID-19 Morbidity…

I should have expected this — as Steve is rarely above getting a “fat” dig in, at people of color, in the US… despite his own rather prodigious… girth.

In order to “blame” the higher death rate incidence in the US, among people of color, on their own “bad choices” — Mr. Hayward tells an old, long discredited lie.

Steve says:

“…Lower income people (of any race) tend to live in higher densities.…”

That’s completely false. There are far more RURAL poor people in the US, than there are urban ones. And the rural poor are disproportionately… white. Citations available. Endless citations, in fact.

But his racist lie lets him go on to observe that (in his words) “thin Kenyans” aren’t dying as often as US Blacks, proportionately. And then… the blame: “…I’ll merely say that you don’t see very many obese Kenyans….”

Again — blaming black and brown ‘urban‘ poor people… for lacking access to affordable preventative health care; and for living in “good food-source” deserts. All while never mentioning the obese rural poor who are… white, primarily — but still see better outcomes — likely due to more access to higher quality, full service-line groceries, and more free clinics, proportionately.

What a tool… this guy is.

Note that he doesn’t mention that over 3,000 more people are dying every three days, still — a “new 9/11” — every three days… headed to 200,000 in the US by late September. This is what failed Trumpian priorities hath wrought. “Cнова сделайте Америку великой, товарищ Трамп.”

Of all colors, they are — but people with access to first class health care are NOT dying as often — and that wealth skews distinctly … white. But none of that will we hear from Hayward or Hinderaker.

Shut up, Steve.

Out.

“Sir, This Is A Taco Bell…” Part Deux…

In what now is a garden variety New York state financial crimes grand jury subpoena matter, as remanded from the Supremes — and pending in federal trial level courts in Manhattan, the able lawyers for Cyrus Vance, Jr. (including an excellent assist from a renown Duke University law professor) have once again answered Trump’s silly arguments, on the subpoena for records, issued to a third party, in a regular felony grand jury proceeding.

The letter nicely summarizes the People’s arguments (a quick three page read), but we will also provide a link to the longer more technical full thirteen page memo of law. Do read it all — but here is a bit, from the memo:

…Focal points of an investigation may sometimes be inferable by reviewing subpoenas issued at various points in that investigation. But singling out one particular subpoena, and declaring that it must necessarily define and delimit the scope of a grand jury’s inquiry, makes no sense at all, particularly in a months-long financial investigation. Grand juries routinely issue subpoenas in an iterative process, seeking different records from different parties and from different date ranges, with later subpoenas building on new information and leads generated from returns on earlier subpoenas. In other words, the inference that any one subpoena in this case defines the investigation is simply not reasonable….

And… from the letter, I particularly enjoyed this bit:

Trump will lose. America, and the rule of law, will win. It is just that the steel wheels of justice grind… very slowly. But they do grind, very finely — to be sure. And, in the end, he will be naught but a fine gray crumbling powder, blowing in the wind…. Onward.

नमस्ते

[O/T] Interstellar Science: Mighty Betelgeuse May Be Dimming, Anew, Here In August 2020… Super-Nova Soon?

All stars, it seems, hum… to a rhythmic celestial vibration, of sorts — the melody of which most of us are only dimly aware. Especially so, the hottest… deep copper-red ones.

We have mentioned this oddity before — most recently, on Valentine’s 2020 — and now there is a pretty clear scientific explanation for the February 2020 observed data.

Since Betelgeuse of late has been very close to our own Sun’s corona in the sky, from the angle of our Earth observatories, we haven’t had data on it, since early summer. But STEREO, our space based telescope was… watching it.

And it seems to have begun a noticeable dimming, again here in late July to August. We will be able to see it from Earth based telescopes, starting in late August — but this “dimming return period” is much shorter than those previously-observed (a 400-plus day cycle — while this is less than 120 days) between such events. So it may be that these “super flares” are accelerating in frequency.

Here’s just a bit, from ScienceAlert.com (do go read it all):

…STEREO’s measurements revealed that Betelgeuse is dimming again — an unexpected development so soon after its last dim period. Betelgeuse typically goes through brightness cycles lasting about 420 days, with the previous minimum in February 2020, meaning this dimming is happening unexpectedly early. These observations were reported by the science team via The Astronomer’s Telegram on July 28, 2020. This is an intriguing phenomenon that scientists will study with additional Earth-orbiting and ground-based observatories when Betelgeuse returns to the night sky in late August….

We once again needed to get well off-world, this morning — with all the ugliness that is Trump. Even so, our children — or theirs — may yet see this mighty star go supernova, in their life-times. And that makes me grin — as they will see perhaps a year or more of two very bright stars — even in daylight.

नमस्ते

Born: Oakland, California: October 20, 1964. End Of Trump’s Birther-isms, 2020 Edition.

It is deeply lamentable… that I even need type this.

The sitting president just tweeted that he has “no idea if it’s true — but I heard” that Sen. Kamala Harris may not be a citizen. He cited John Eastman, a crackpot, that he called a “highly qualified, very talented lawyer” to say she might not be eligible. Rubbish. Complete… rubbish.

She is eligible. She’s shown her long form birth certificate, for years, going all the way back to her CA AG and Senate run days. The 14th Amendment to the US Constitution provides:

“…All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside….”

Trump is a dyed in the wool racist pig — just as John Hinderaker is… and we will bury Trump at the polls, in November 2020. Out.

नमस्ते