Category: Uncategorized

TRO Modification Briefs Due Tomorrow; Hearing Thursday — On “DHS Storm Trooper” Tactics — In Portland…

~ condor ~ 2 Comments

It is rather astonishing… that a US District Court is going to have to ORDER the Trump DHS goon squads to identify themselves (never before needed, in three decades of observing federal courts), with at least eight inch high white lettering, on a black background, to be able to prosecute these troops carrying and employing crowd control devices — all because members of those shock troops have been firing indiscriminately at journalists and lawyers, in clear violation of court order and existing federal law.

But that is likely to be the outcome of Thursday’s hearing, even as Trump curtails the number of troops in Portland, day by day. Again, how did we get to the point that rogue groups of unaccountable federal paramilitary squads — perhaps no longer even controllable by Barr, or Trump… are running loose, and refusing to identify themselves, as they beat and attack what are overwhelmingly peaceful protesters? We cannot surrender our system of ordered liberty — to a totalitarian madman. See this order, entered over the weekend, by the able USDC Judge Michael Simon:

. . . .MINUTES OF TELEPHONE CONFERENCE AND SCHEDULING ORDER

As discussed during the telephone conference held on July 31, 2020, the Court sets the following schedule and issues the following orders:

(1) not later than Tuesday, August 4, 2:00 p.m. Pacific time, the parties may file any further briefing and evidence on whether the existing TRO (ECF [84]) should be extended, either with or without modification, for an additional 14 days;

(2) not later than Wednesday, August 5, 2:00 p.m. Pacific time, the parties may file any further briefing and evidence responding to a party’s August 4 filings;

(3) the Court will hear telephonic oral argument on Thursday, August 6 at 10:00 a.m. on (a) whether to extend the existing TRO, either with or without modification, and (b) the Federal Defendants’ Motion for Reconsideration (ECF [101]);

(4) the Court will hear argument by telephone on Tuesday, August 18 at 10:00 a.m. on whether to issue a preliminary injunction; and

(5) the parties shall notify the Court by August 3 on whether they have stipulated to a briefing schedule for any preliminary injunction motion. The Court authorizes expedited discovery, as discussed on the record. The Court suspends briefing and consideration of Plaintiffs’ Motion for Findings of Contempt and for Sanctions (ECF [85]) pending further order of the Court.

In the parties’ briefs due August 4, the parties should address the following:

(1) whether the TRO should be modified to include a requirement that any employee, officer, or agent of any Federal Defendant who leaves the interior of the federal courthouse during a protest while carrying or using any crowd-control device must wear a clearly visible unique identifying code on the front and back of the outside of that person’s clothing (with white numbers or letters not less than eight inches in height against a dark background) and a further requirement that a list matching each unique identifying code to the name and unit of that person shall be maintained by counsel for the Federal Defendants but need not be disclosed absent further court order after an opportunity to be heard; and

(2) whether the TRO should be modified to restrict the definition of “Journalist” covered by the TRO to a person who is a professional or authorized journalist and who has been issued a colored and distinctive vest prominently indicating “ACLU Authorized Press” (or other similar words) by the ACLU of Oregon and a further requirement that a list of all persons to whom the ACLU of Oregon has issued such a non-transferable distinctive vest shall be maintained by counsel for Plaintiffs but need not be disclosed absent further court order after an opportunity to be heard.

For the hearing on August 6 at 10:00 a.m., the Court will provide the parties with a call-in number by email. Matthew Borden present as counsel for Plaintiffs. Denis M. Vannier, Naomi Sheffield, and Ryan C. Bailey present as counsel for Defendant City of Portland. Jordan Von Bokern, Alexander K. Haas, and Brigham J. Bowen present as counsel for Defendants U.S. Marshals Service & U.S. Department of Homeland Security. Court Reporter: Dennis Apodaca….

Judge Michael H. Simon presiding….

This is not the way a 240 year old democracy — one ruled by principles of federalism (that all local crowd control matters should be left to the discretion of local police) should be governed. We must vote this madman from office in November. Our children’s lives will depend on it. [See prior post on his torture of defenseless, isolated… children, in clear violation of our treaties, and the Eighth Amendment.]

Meanwhile (and tellingly), no shock troops have appeared in Chicago, despite Trump’s bluster. He knows we will continue to overwhelm them with peaceful resistance — in vast numbers; and we will not attack federal facilities, thus removing any legitimate basis for their presence. Our demonstrations — peaceful, and passionate — occur at City Hall, with the support of our Mayor. That makes it. . . NOT a federal matter.Out.

नमस्ते

[U: Friday hearing set.] These Are Very Young Children. This IS TORTURE, Under Our Eighth Amendment. These Are ONGOING Crimes Against Humanity.

~ condor ~ 4 Comments

UPDATED 08.04.20 @ 9 AM EDT — the able judge has set a hearing on the below, for Friday morning, Pacific time, thus: “…(IN CHAMBERS) ORDER by Judge Dolly M. Gee. Pursuant to the Court Order dated June 26, 2020 [833], a video status conference is set on August 7, 2020 at 11:00 a.m. Counsel of record shall contact the courtroom deputy clerk at dmg_chambers@cacd.uscourts.gov to receive the VTC link and telephone line. Associates of counsel and the public may attend the hearing at the courthouse by submitting an online form at https://www.cacd.uscourts.gov/hearing-access-request-form. IT IS SO ORDERED….” I will listen in, this time. End update.

The latest two reports from the Flores litigation are, as ever, disturbing (first one: 33 pages, here). [This litigation has been ongoing, without interruption, since Ronald Reagan was President, 35 years ago.] But the second, six page report, delivered late last week — shocks my conscience. In the time of COVID-19, I represent and warrant that I have multiple pro bono clients (as I am sure many other lawyers around our nation might, tonight), all men in their 50s — presently serving natural life without parole, most for deplorably violent crimes — in several facilities state, federal and privately-run… AND NONE OF THEM are being treated to torturous conditions of solitary confinement as harsh as these… CHILDREN, now separated from their parents and guardians.

This is not the American way. This is… disgusting. These children will grow into emotionally crippled adults, all from this psychological torture, without any reasonable doubt. They must ALL be released… immediately. Here is the full second report, and the part that has left me… weeping inconsolably, tonight:

…[T]he children were required to remain in separate bedrooms with the door closed. The bedrooms in which the children were quarantined consist of four white concrete walls, a heavy door with a small window opening near the top, and a small screened-in window to which there is no access. The bedrooms are not decorated, nor is there a clock or calendar to keep track of the time or day.

Each room is outfitted with four small beds and a bathroom, with minimal floor space. The children were only allowed to leave the room to make their twice-weekly phone call to a family member. Children at Casa Sunzal are allowed two phone calls per week for 10 minutes. Therefore, during the first week of quarantine they were only allowed to leave their rooms twice for 10 minutes.

The children did not leave their room during the majority of the days they were quarantined. They were not allowed outside or to any other area inside the shelter. As a replacement for recreation time and physical education, a staff member stood outside the door and instructed the children to do exercises. All snacks and meals were eaten in their rooms off a tray, since there is no table or similar surface in the bedrooms.

As a replacement for school, each morning the children were provided worksheets to complete educational assignments, to be completed in their rooms without any instruction from teachers. The children were provided face masks when allowed out of their rooms to make their phone calls. In the two weeks the children were quarantined, the children reported to us that their only human interaction was with one of their counselors who was fully dressed “like an astronaut” in personal protective equipment. . . .

…[T]he children at Casa Sunzal were significantly impacted by the extreme isolation during their quarantine. One child reported that she began talking to herself and hearing voices, and another reported losing track of the days. One child spoke with KIND’s Social Services Coordinator and reported that she had recurring traumatic thoughts about her past during the period of isolation. Although it is possible that these symptoms are unrelated to quarantine, I believe that they were exacerbated by the severe level of seclusion….

WHAT IS WRONG WITH THESE PEOPLE? Who would allow even a child murderer to be treated this way?! These children simply crossed a border, on foot — at most, a misdemeanor, as to their tender ages… and now they are being. . . tortured without end, for it. Judge Gee, you are a capable jurist. You must end these US Government crimes, this week. By Friday. The time for “meet and confers“… has long-passed.

These children are being… tortured — with every night you fail to grant them summary release, without condition. There are at least 100 of them, for certain — perhaps double that number, when the able lawyers complete visits to all facilities. This must end, now.

नमस्ते

Three Points: And A Classic Hinderaker Race-Baiting Lie. Yawn.

~ condor ~ 2 Comments

First things first here, John: there is zero evidence from your embedded, forwarded video, that he was affiliated with BLM. His shirt suggests the opposite. No BLM signs; no claim of responsibility in Austin.

Second — and this has been John’s 15 year pattern — because he is Black, you try to pin him to BLM. Just as John Hinderaker was repeatedly exposed in 2017-18, after falsely claiming BLM was behind what turned out to be… Russian State actor spammers, conducting dis-information campaigns after LaQuan McDonald was shot 16 times, by one police officer – as he backed away — in the street in Chicago. Hinderaker claimed (without any evidence) that the Russians were hired by, and acted “on behalf of”… BLM. That was completely false — and he never apologized.

Third — John is dead wrong about the law: shouting is not assault. The contact was with restaurant security. It is non-criminal… it may be offensive, but it is speech. And he stayed on the public sidewalk. He backed away when told to leave private property airspace.

Finally… but most of all, John: did you go to church today, to confess this mortal sin — against… your brothers and sisters — lying openly about them, to score racists’ advertising points?

Do tell.

Condor, out.

Mr. Hinderaker: Please Inform… Herr Drumpf… “STAT!”

~ condor ~ Leave a comment

Ever preciously, tonight John just wrote, as follows:

“…The dreaded “second wave” here and… is the inevitable result of temporarily slowing the spread of COVID-19 the Wuhan flu, or any other disease.

The best course, I think, is to get it over with. Diseases are bad, there is no doubt about that. But we… have, I think, compounded the evil effects of COVID with foolish policies that have added unnecessary destruction to the inevitable toll of the disease….”

Read on its face, he ought to tell Trump to insist on masks, nationwide, by national emergency executive order — since according to John, that is a “foolish” lack of policy that is adding to “the toll” of the disease. At least that would be what any well-informed, pandemic science enabled observer would take his remark to mean. So… alert Jared and Ivanka, STAT, John. Let’s get on it! Let’s save some [registered voters’ / ] American lives.

But no, having read John for decades now, we well know he means the opposite. He means hurry up and fully re-open. Damn the awful math, of a new 9/11 level of US fatalities, every two to three days, until late September, minimum. Just power-line… on.

Of course, this is the punch-line of Hinderaker’s Saturday evening post, as he is (falsely, again) arguing that we are killing more people by intentionally adopting a slower US economy, than are presently dying from the virus. That claim is forcefully refuted by the all cause mortality tables from this period in 2017, 2018, and 2019 — compared to 2020. But he ignores it (even though, in March / early April, when it looked like all cause mortality might trend down-ward — due to essentially no one driving every damn day, and thus far fewer dying in car crashes — perennially, one of the biggest causes of accidental American deaths, he argued forcefully that the same tables showed virus deaths were… an imaginary artifact). Now that argument has been blown to bits — and all cause mortality is rising, even though really not that many people are back to travelling daily by car, in the US.

And finally, of course, since his speaking gigs and confab registrations live or die — with the renewal of, or removal of — pandemic amelioration closing orders… he wants to just get on with the accelerated killing of… the olds.

He is a deeply corrupted… and immoral old man.

But yeh, John… do let old Donny know — of your findings. Out.

In The Land Of Moronic Ideas — This One’s Near The Top — Even By Trump’s Feckless Standards.

~ condor ~ 1 Comment

Well. It would be an insult to the word “futile” — to call Trump’s latest… a futile act.

“It. Doesn’t. Even. Qualify…” [as Matthew McConaughey — “Coop” said — in Interstellar.]

Here’s one version of the “news” story — but none do a very good job of explaining (i) that he lacks the power to take unconstitutional acts, against an expressive medium, based on its content and perhaps more importantly, (ii)… it would be simply impossible, to lock out 220 million internet connections, to Tik Tok.

It simply cannot be done, as a technical matter. Ask China, as but one state’s example — and they’ve spent decades trying to build the infrastructure to prevent certain web-sites from being accessible, in country.

And they’ve largely… failed.

[If he actually signs anything, I’ll lay out the law here — and the ACLU will no doubt, sue.]

So… carry on, silly Donny “Desperately Seeking… Bronzer” Trump.

Your time is coming to an end.

Every Two To Three Days, Through Mid-September At Least — We Endure A Series Of 9/11s: COVID-19 Deaths In US.

~ condor ~ 1 Comment

Please recall that about ten days ago John Hinderaker sniffed, and opined — lying through his teeth, that the lethality was “mostly over“, in the US.

So, inasmuch as we are getting lots of newly British traffic, I thought I’d remind people from across the pond (and likely not as close to the daily US death numbers)… that every two to three days, another mostly-avoidable 9/11 tragedy befalls Americans: we are dying at about 1,100 to 1,500 per day, nation-wide — and even if the new case incidence rates are now beginning to decline, we face a very grim at least 45 day period, at that level — of daily deaths.

So, to a near-certainty now, sometime around September 11-15, 2020… we will record our 200,000th US death, from COVID-19.

Yes — John is a feckless liar. He called it, in April, merely a bad (2017) flu season. It is going to be five times that, by the end of September — even if everything goes perfectly from here.

And those of us with bio-science backgrounds… know that nothing in pandemics… ever goes perfectly, according to anyone’s model.

In sum… viral life — finds a way.

Thanks for coming to my TedTalk®.

[U: Resolved.] Space Science: First Mars Glitch — But Easily Remedied, In Black Space’s Loneliness — Of Holmes’ “Original Work”

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Updated: Here on Friday afternoon, the JPL folks now say the issue is resolved, thus: “With safe mode exit, the team is getting down to the business of interplanetary cruise,” said Mars 2020 deputy project manager Matt Wallace of NASA’s Jet Propulsion Laboratory. “Next stop, Jezero Crater….” End updated portion.

Well… Old Holmes came to me, unbidden this morning in the luminous clarity — of dawn… and it was plainly some synchronicity… at work.

You see, Perseverance has already encountered its first bit of lonely, original work: the capsule was colder than anticipated, as the craft orbited to Earth’s dark side — and thus the long legged copper hued rover went into “safe” mode.

Many an astronaut, from John Glenn — to Sally Ride and Mae Jemison — have famously remarked… on just how completely silent, and inky dark, the void of space really is, compared to all the reflected light of our atmosphere, which we take for granted. So the craft and its robot will do some… decidedly lonely Holmes-ian work, in the tomb-like silence of space, in the coming days.

Here’s the bit — but it will be easily rectified:

…Data indicate the spacecraft had entered a state known as safe mode, likely because a part of the spacecraft was a little colder than expected while Mars 2020 was in Earth’s shadow. All temperatures are now nominal and the spacecraft is out of Earth’s shadow.

When a spacecraft enters safe mode, all but essential systems are turned off until it receives new commands from mission control. An interplanetary launch is fast-paced and dynamic, so a spacecraft is designed to put itself in safe mode if its onboard computer perceives conditions are not within its preset parameters. Right now, the Mars 2020 mission is completing a full health assessment on the spacecraft and is working to return the spacecraft to a nominal configuration for its journey to Mars….

Now you know — off to some original work, of my own… smiling just the same. Be excellent to one another; we are all we’ve got.

नमस्ते

Sadly, Hinderaker And I Have Done THIS Dance Many Times, Before…

~ condor ~ 3 Comments

So forgive me — if I use some shorthand. [Click to enlarge.]

Today, he cries about being de-platformed. He was de-platformed, because he tells, and amplifies, obvious racial lies. Lies about crime — and race — in America.

Lies, that are intended to distract from the fact that in the US, any black person is TWICE as likely as any white person, to die — if they encounter the police, in any setting involving either a warrantless “stop and frisk“, or full probable cause arrest. [Note that it would be damn near impossible for any unarmed person to kill any police officer, once his/her gun is already drawn. Thus the highly misleading statistic, on the slide.]

That is… a fact. But it prevents his “white grievance” narrative from gaining traction.

So he, and this goof mouth-piece, on the video — dress up an irrelevant stat, comparing UNARMED black men, to all officers, white and black.

He thus assumes we are each warring tribes, simply trying to inflict casualties on each other.

That is not America. Police are supposed to serve ALL of us. We are all supposed to protect… each other.

Their own slide above, makes it clear that they do not agree with this view of America.

They see America solely as a racial war zone.

I’ll not dissect the other slides — as I say, John and I have done this dance, before — using (as I recall) the 2002 UCRs or Uniform Crime Reports. These are the nation-wide reports Trump now suppresses, in 2020 — because the truth is too damning.

In any event, if need be — I’ll return to this and dissect them all.

Goodnight, John… you [and your mouthpiece, on the video — soon to vanish again, in all likelihood] are not worthy of substantial effort in a reasoned debate — your hatred clouds… every single thing you touch.

[Soon enough, perhaps sooner than you imagine, in fact — you’ll be in one of those senior centers in Minnesota, you keep complaining about. And you will have… completely… earned it.]

I’m out.

Flynn’s Clink Time — A New Peril?: Judge Sullivan’s Amici Granted Full En Banc Rehearing, On August 11.

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Michael Flynn should feel a decidedly pronounced tightening — around his collar, this afternoon, in the DC Circuit Court of Appeals. [Here’s the backgrounder, to this.]

And just as I predicted, yes Lady Liberty — her torch is burning slightly brighter, going into this fine summer evening. Ex-Gen. Michael Flynn may not yet be out of the woods. Of course, Trump can pardon/commute him too (and risk a second indictment in early 2021, for obstruction of justice).

But let’s not get ahead of ourselves. For now, it will make for a good live oral argument audio event — come August 11, thus:

…PER CURIAM ORDER, En Banc, [1854249] filed that this case be reheard by the court sitting en banc.

It is FURTHER ORDERED that the court’s order filed June 24, 2020, be vacated [1848722-3].

It is FURTHER ORDERED that oral argument before the en banc court be heard at 9:30 a.m. on Tuesday, August 11, 2020.

The parties should be prepared to address whether there are “no other adequate means to attain the relief” desired. Cheney v. U.S. Dist. Court for D.C., 542 U.S. 367, 380 (2004).

A separate order will issue regarding the allocation of oral argument time, scheduling oral argument on Tuesday, 08/11/2020.

Before Judges: Srinivasan, Henderson, Rogers, Tatel, Garland, Griffith, Millett, Pillard, Wilkins, Katsas* and Rao. [20-5143] (Circuit Judge Katsas did not participate in this matter) [Entered: 07/30/2020 12:08 PM]….

Onward — but to be clear, that bit about “no other adequate means“, I bolded above, is a broad hint that the court here thinks mandamus should not have been granted by the three judge panel. T’was clearly. . . premature mandamus-ing… grinning. Ever, grinning!

नमस्ते

[U] Acting DHS Head Chad Wolf — And Chief Moron Ken Cuccinelli — May Now Be PERSONALLY Liable, Under Bivens, For Violating Oregon Federal Court’s TRO…

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UPDATED @ 2 PM EDT: the able Judge Simon will hold a scheduling hearing on this contempt motion on Friday, thus: “…Scheduling Order by Judge Michael H. Simon. ORDER – The Court sets a Telephone Status and Scheduling Conference for 7/31/2020 at 10:00 AM PDT. The Court will provide the parties with a call-in number by email. Ordered by Judge Michael H. Simon….” End, updated portion.

In Portland, Oregon it is now immensely clear — from first hand, on-the-ground video feeds — that the “Trump-Stazi” / DHS goon squads are continuously violating the TRO entered just five nights ago. [The plaintiffs will win money, here.]

Overnight, the ACLU lawyers and others moved the federal courts in Portland, to impose personal monetary contempt sanctions, against a host of individuals, in their personal capacity, for willfully violating a standing federal court’s order. Here are all 19 pages (it is now possible — perhaps even probable, if the violations continue — that the class plaintiffs will ultimately take title to Mr. Wolf’s own home, to satisfy all the damages, piling up daily!) — and a bit:

…On July 27, Plaintiffs contacted government counsel to raise these blatant violations. (Declaration of Matthew Borden (“Borden Decl.”), Ex. 1.) Instead of investigating and providing information as promised, the federal defendants claimed that they were unaware of what agents and commanders were involved and offered nothing to extenuate their violations of the TRO. That night, the federal agents heaped on more acts of contempt. (Declaration of Brian Conley (“Conley Decl.”) ¶¶ 19, 20, 22, 25.)

Every day it has existed, federal agents have intentionally violated the Court’s TRO. As a result of the federal agents’ defiance of the Court’s order, the free press remains unsafe while trying to document and observe the cataclysmic violence that federal authorities are inflicting on Portland. The federal agents — and their commanders, whom the Court ordered to be notified of the TRO — are not above the law.

In light of the foregoing facts, and those detailed further below, the Court should find the federal defendants in contempt and (1) prohibit the offending officers from engaging in armed operations in Portland, (2) order the federal agents’ commanders L. Eric Patterson, Richard K. Cline, Mark Morgan, Robert Perez, Rodney Scott, Raul Ortiz, Matthew Albence, Derek Benner, Donald W. Washington, Derrick Driscoll, Chad Wolf, and Ken Cuccinelli to appear and show cause as to why they should not be held in contempt, (3) order additional prophylactic restrictions to ensure that no further violations of Plaintiffs’ rights occur, (4) order fines of sufficient size to coerce the federal defendants’ compliance, and (5) order that the federal defendants pay Plaintiffs’ attorney’s fees for bringing this motion….

This is likely why the administration is suggesting to Oregon’s state government officials that it will shortly withdraw from Portland: Trump cannot even control his own brute squads.

F U G L Y.

नमस्ते