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A Status Call, On The Rio Grande / Land Razor Wire Torture Cases Was Held Yesterday. USDC Judge Alia Moses Has Gone Back To “Shadow Docketing” The Matter: Plainly Unlawful.

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Again, we the people have the right, nation-wide, to know what the federal courts — and federal judges, particularly — are doing in our name. Doubly so, where different (state v. federal) parts of the government mechanisms are on both sides, in the matter. Who indeed will watch… the [official] watchers?

After we complained to her clerks in 2023/2024, she made almost all of this docket public, on PACER. Because that is what the clear black letter Supreme Court law requires of her.

But yesterday, at this status hearing, she reverted to her old, lawless ways (as the Trump-controlled government decides what to do about the fact that there are now private individual plaintiffs who’ve alleged injuries from lacerations to drownings — and so, Trump/Noem and Abbott cannot just agree among their MAGA controlled selves to dismiss it, as they had hoped). Here’s that:

…Proceedings held before Chief Judge Alia Moses: Docket Call/Status Conference held on 9/9/2025 (Court Reporter Adria Casillas.)(dd) (Entered: 09/10/2025)

Note: You do not have permission to view this document….

[My missive draft, from 2024:]

[Addressed to USDC Chief Judge Moses, USDC WDTX]

…My [entirely pro bono] clients recognize that the court has myriad other demands on its time and limited staffing resources, but absent a documented showing of unreasonable administrative burdens (and a two page order, published at the same moment, makes it plain that this is no administrative burden!), the public’s right to contemporaneous access to judicial records cannot be overcome. See, e.g., Courthouse News Serv. v. Planet, No. CV 11-08083 SJO (FFMx), 2016 U.S. Dist. LEXIS 105197, at *62 (C.D. Cal. May 26, 2016) (“to the extent Planet might argue that such a practice would have been cost-prohibitive or unduly labor intensive, she has not quantified the cost… nor has she detailed the additional labor that would have been required)….

Absent such evidence, the Court cannot ‘articulate facts demonstrating an administrative burden sufficient to deny access.’”) (citation omitted), aff’ in part rev’d in part, 947 F.3d 581, 597 (9th Cir. 2020) (holding that “Ventura County’s no-access-before-process policy bears no real relationship to the County’s legitimate administrative concerns about. . . efficient court administration”); see also United States v. Valenti, 987 F.2d 708, 715 (11th Cir. 1993) (holding unconstitutional the district court’s maintenance of a dual-docketing system, where certain docket entries were visible only to the parties, and expressly rejecting the argument that unsealing would bind the court to a “formal procedure that is unduly burdensome”).

Specifically, a status / scheduling order in this matter has entered by the court just now (ECF Doc. No. 138, 09/10/2025) but remains entirely invisible to the public. Of course, while redactions for trade or governmental secrets (and sensitive, personally identifying information) would be normal, there has been no such effort made, on the part of the court. It seems court staff sua sponte designated ECF Document No. 138 “restricted access”.

Based on my review of the ECF record in this matter, it would seem no public court order — whether in writing or issued orally from your bench — has set forth the findings required by the First Amendment, prior to the removal of this judicial document from the record. See, e.g., Oregonian Publ’g Co. v. U.S. Dist. Ct., 920 F.2d 1462 (9th Cir. 1990).

However, rather than waste more of the court’s resources and time, I have chosen (as a non-party member of the public, and at this point, non-intervenor) to simply write to you directly, and copy counsel for both sides on this. I am hopeful the lawyers will prepare and file a redacted version, as required by long-standing, uncontroverted black letter First Amendment law (which applies, even — perhaps surprisingly to you — in the Western District of Texas).

To be clear, this need not (and perhaps should not) require my filing as an intervenor, in your courtroom — to be placed on any public docket, as it sensibly ought to be resolved without need for appearances in the record, on my clients’ behalf….

Please prepare and publish a redacted version of Document No. 138, before Monday, September 29, 2025. Kind regards…. /s/

Well… as I say, this won’t do. That is not cricket, at all. Here’s (above, in green text) what I’ll send on to her chambers tomorrow — when I get a free half hour to clean up the draft and update it.

Now you know. Onward, sad — but resolute. What has become of my country? Colorado school kids and reprobates alike, dead from gun violence…. Damn.

नमस्ते

[U: Read Some Real Books — Step Away From The News, For Tonight…] Just Listen To Sen. Mark Kelly (Whose Spouse, A US Rep., Was Shot In A 2011 Assassination Attempt)

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Democratic Sen. Mark Kelly, who represented Charlie Kirk in Congress, told CNN today that lawmakers need to “lower the temperature….”

…“Everybody needs to lower the temp- erature,” the Arizona lawmaker told CNN’s Erin Burnett on “Outfront.” “I’ve heard things said by my Democratic colleagues that are not helpful. I’ve heard things said by my Republican colleagues. And I think it’s important for people to understand, especially when they are in leadership positions, that your words have consequences.”

Kelly also stressed that politicians on both sides of the aisle should be careful with their rhetoric as it can incite political violence. “Political rhetoric. . . from both sides often gets out of hand and it incites people to do things like this,” Kelly said. “And I think it’s, you know, so important in times like this when we all take a step back and think about, you know, our words and the consequences of them, you know, from both sides of the political spectrum….”

Kelly — whose wife, former Rep. Gabby Giffords, was shot while meeting with constituents in 2011 — went on to say that Kirk “had every right to be out there.”

“It’s his First Amendment rights, speaking to kids at a university, and his life is ended because of this,” Kelly added. “This isn’t who we should be. This is never the answer….”

नमस्ते

Merck Announces 125 Layoffs In London (Due To Trump Non- US Pharma Tariff Concerns)…

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In point of fact, even more than the 125 people in London who will lose jobs, this one billion British pound sterling facility was going to generate knock on economic effects at King’s Cross station — as these scientific employees would have lunched, and probably eaten dinners. . . In the nearby neighborhood, as well as shopped for clothing and other items.

And then, there would’ve been the local tax base for the city of London, more broadly as likely multibillion-dollar small molecules would be developed and patented from the facility. To be sure multinationals like Merck are careful to “house” their intellectual property / patents in jurisdictions like Ireland… in what are essentially holding companies, so that they may take advantage of local tax breaks on the license and royalty income that the patents generate — even intra-company.

But now, facing Trump tariffs, this company, and likely many others… Will simply ask US based research researchers to handle more tasks for the same money inside the US. It is pure folly to think that this halt of construction in London will generate new US high paying svoence jobs. It won’t, with 6000 layoffs already scheduled inside New Jersey for Merck — upper management of the company has a strong hand to simply tell Science staffers that they must do more on the same salary, otherwise they will be next on the chopping block. As ever, most of Trump’s “policies” deliver the opposite of the effect that he claims to be after.

In any event, here’s the press report — out of Reuters London tonight UK time:

…The U.S. drugmaker no longer plans to occupy the Belgrove House site at King’s Cross, which was due to open in 2027. The move will impact about 125 staff members.

Pharmaceutical companies have been shoring up investments in the U.S. amid the Trump administration’s tariff threats….

Damn. [The King’s Cross station is a very charming place to spend an afternoon — and yes, I have that on first person authority. When I’m back in London late this Fall, I will be sure to spend a little more with those fine local merchants.]

Onward.

नमस्ते

I Just Watched An Exciting NASA Video-Conference: Perseverance Sampled An Odd Rock, On Barsoom, at Sapphire Canyon — Last Year…

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We first discussed this finding — over a year ago. But now the peer-reviewed, vetted scientific papers are out and published. And the implications are. . . tantalizing, to say the least.

Of course, as ever — the caveats: as discussed at the press conference just now, this same admixture, in the rock called Cheyava Falls, may have resulted from a high temperature event, like vulcanism, or a meteor strike — billions of years ago on Mars, where it now lies. But the surrounding rock shows no evidence of melting and re-solidifying. So at least the primary non-biological explanation for what Perseverance’s grinder and cam has observed… would seem to be quite unlikely.

This then is… perhaps… the best evidence seen to date, on the surface of Mars… for what might have once been… organic life — as we know it, here on Earth (Jasoom). Do listen in, to the smart folks at NASA/JPL:

…A sample collected by NASA’s Perseverance Mars rover from an ancient dry riverbed in Jezero Crater could preserve evidence of ancient microbial life. Taken from a rock named “Cheyava Falls” last year, the sample, called “Sapphire Canyon,” contains potential biosignatures, according to a paper published Wednesday in the journal Nature.

A potential biosignature is a substance or structure that might have a biological origin but requires more data or further study before a conclusion can be reached about the absence or presence of life.

“This finding by Perseverance, launched under President Trump in his first term, is the closest we have ever come to discovering life on Mars. The identification of a potential biosignature on the Red Planet is a groundbreaking discovery, and one that will advance our understanding of Mars,” said acting NASA Administrator Sean Duffy. “NASA’s commitment to conducting Gold Standard Science will continue….”

Now, as ever, astonishing claims require… very compelling proof. And we don’t have that… yet. But I am grinning ear to ear, just the same. Onward — to a mountain bike ride, imagining where this rock was under about a foot of liquid water, three billion years ago… on Mars. Very cool. Was something growing beside it, or swimming — over it? Time will tell….

नमस्ते

Ebola 2025 Update: Affected Localities In DRC Have Now Imposed Travel Restrictions, As Case Numbers Continue To Increase, In Kasai Province…

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Just as there is more good news on Mpox to report (see penultimate prior post), we see some tough news out of Kinshasa, DRC — as that capital tries to prevent the current outbreak from reaching perhaps five million households — in the various urban centers.

Towns with ongoing cases in Kasai province are imposing travel bans, even as they ring vaccinate contacts and contacts of contacts, among the known case clusters. Here’s Reuters — of just an hour ago — on it all:

…KINSHASA, Sept 10 (Reuters) – Towns affected by Congo’s latest Ebola outbreak have erected checkpoints to restrict population movements, officials said this week, as cases increased slightly and aid workers warned that the response was underfunded.

Democratic Republic of Congo’s health ministry last week declared the country’s first Ebola outbreak in three years, with 28 suspected cases and 15 deaths. It is the first outbreak in the country’s Kasai province since 2008….

Now you know — unfortunate, but smiling into the crisp Fall sunshine here — just the same. Bike rides ahead.

नमस्ते

Surprise! Mirengoff Tells The Truth — About Trumpian Tariffs — And Their Pernicious Side-Effects.

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To be certain, it took a minute, but Paul is finally speaking reason, to the malign morons running Trump-World.

Mr. Mirengoff points out that in addition to being the largest tax increase in American history, primarily on US wage earners (but also her businesses), the tariffs are pushing what were friendly, but not close allies — into China’s thrall. Damn.

Here is that — and thanks Paul, for (finally!) speaking truth to power, here:

…Fareed Zakaria argues that President Trump’s tariffs are harming American foreign policy in a serious way. I usually don’t agree with Zakaria, but in this case I think he’s right. Our tariffs and related measures are causing important nations traditionally aligned with the U.S. to tilt towards China, America’s most formidable adversary….

To be sure, little is ever final with Trump. His tariff decisions are subject to change at any time. Deals are subject to renegotiation. The Supreme Court may rule that Trump lacks the power to impose many of his tariffs. And a new American administration might abandon tough tariffs altogether.

But Zakaria warns that now, “countries will always know that Washington could treat them as it has and they will want to hedge their bets and keep strong ties with China and Russia, just in case.” I think he’s right.

And if Trump’s current tariff and sanctions policies persist, the ties with China and Russia will likely become all the stronger….

Yup. That’s right — but I personally think the Supremes will invalidate these vast, extra-legislative tax increases, altogether… this Fall.

O N W A R D.

An Arm of the United Nations Is Also Stepping Up — To Fill Void Created By Trump Gutting USAID… This Time, On Mpox In Africa.

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The very good news here is that large swaths of the globe’s political leadership remain committed to moral, ethical and humane international medical aid, for people in need — in still-developing nations. In sum, the vast majority of leaders on the planet are — and will remain — good people. Good stewards of the roles they been elected into. Trumpism is an execrable aberration — and one that will (eventually) be only an ugly footnote in the history of our nation.

And so, all across West Africa, the International Organization for Migration is working with governments and partners to strengthen health security and preparedness at various in-country points of entry. In Guinea, more than 166,000 international migrants have already received health screenings and vaccinations carried out by 60 community agents deployed across 12 points of entry.

In Sierra Leone, a mobility mapping exercise conducted by IOM and national authorities in Port Loko, Kambia and the Western Urban Area is guiding authorities to better target prevention and outreach. In Togo, disease surveillance and referral systems are being reinforced, with 50 trained community volunteers now active across 15 points of entry. Meanwhile in Ghana, IOM, WHO and partners convened a two-day strategic engagement on the Health, Border and Mobility Management Framework to align preparedness measures, safeguard public health, and ensure safe and orderly mobility. Here’s the presser from the UN, on it all:

“…Health is a right that must extend to everyone, including people on the move,” said Sylvia Ekra, IOM’s Regional Director for West and Central Africa. “Frontline responders, especially those in border areas, need the tools and training to detect, prevent, and respond swiftly. Mobile communities must not be left behind in access to health services, as protecting their rights is critical to protecting public health.”

Border regions in West and Central Africa are particularly susceptible to the rapid spread of infectious diseases due to a combination of high cross-border movement, porous boundaries, and limited healthcare infrastructure. Gaps in surveillance systems and resource constraints further complicate detection and containment, making targeted interventions and robust cross-border collaboration all the more urgent to safeguard both local and mobile populations….

Now you know — with interesting activity appearing on LinkedIn, on the thirteenth rerunning of the annual Apple iPhone announcement event. Grin. [Hey now! I’ll wait for the 18, though — as the 17 offers only minor camera improvements over my current 16 Pro.]

नमस्ते

Power (Corp. Finance) Alley: Merck Pulls The Trigger On Large US Debt Issuances, This Week… W I L D.

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As Merck last did in November 2017, this US debt could be a means to bring back EU earnings, over time — at tax advantaged rates, via the repayment of this US denominated debt schedule. It runs across three decades of staggered maturities, into 2054.

And it is outsized, even by colossal Merck standards. This is plainly a bet that rates in the US will have to rise, next year — if not before. And stay “up” — for a few years. Note that the smallest tranches are floating rate, and near term maturities. That’s a corporate rope-a-dope, as those can be reset / tendered out — in a few years. No, the bulk of this is long term, fixed rate debt — at over 4.25%. That suggests that Merck expects this is near the bottom of the curve, rate-wise — for longer term debt.

That would be consistent with expecting ugly inflation rates in 2026, as Tangerine 2.0’s tariffs take hold. I would also observe that Merck’s tiny spread over applicable Treasuries makes it not markedly different than a proxy for US Treasury interest rates themselves. [That is, this is not a “risk-on” bond issuer, in any sense — not materially riskier than owning the US debt, itself — at least.] In any event, here’s the SEC Form 8-K, as filed — and a bit from a financial rag:

…On September 9, 2025, Merck & Co., Inc. successfully closed a significant public offering of various notes totaling $6 billion, with maturities ranging from 2027 to 2055. This strategic financial move is expected to strengthen the company’s capital structure and support its ongoing operations and growth initiatives….

On September 9, 2025, Merck & Co., Inc. (the “Company”) closed an underwritten public offering of $500,000,000 aggregate principal amount of Floating Rate Notes due 2027 (the “Floating Rate Notes”), $750,000,000 aggregate principal amount of 3.850% Notes due 2027 (the “2027 Notes”), $750,000,000 aggregate principal amount of 4.150% Notes due 2030 (the “2030 Notes”), $1,000,000,000 aggregate principal amount of 4.550% Notes due 2032 (the “2032 Notes”), $1,750,000,000 aggregate principal amount of 4.950% Notes due 2035 (the “2035 Notes”) and $1,250,000,000 aggregate principal amount of 5.700% Notes due 2055 (the “2055 Notes” and, together with the Floating Rate Notes, the 2027 Notes, the 2030 Notes, the 2032 Notes and the 2035 Notes, collectively, the “Notes”) under the Company’s Registration Statement on Form S-3ASR (Registration No. 333-278066), originally filed with the Securities and Exchange Commission (the “Commission”) on March 19, 2024, as amended by Post-Effective Amendment No. 1, filed with the Commission on May 14, 2024….

Now you know. And so — Mr. Davis must believe that Federal Reserve Chairman Powell is also “rope-a-doping” (with a widely expected small decrease in rates, here in September), and ultimately — longer term rate increases. That is, the view at Merck seems to be that if he does lower them in September… he is likely to raise them anew, come January 2026 (and keep that belt tightening over a few years’ time).

We shall see — but it is also fascinating that Merck took the view in 2017, as Trump 1.0 got underway, that he would force interest rates skyward, just as he has — here in Tangerine 2.0 (though the Donald tries to “boil the ocean with his Zippo lighter”, by yelling at Chairman Powell). It is the Trump policies (1.0 and 2.0) that cause unwelcome calamity — in the interest rate outlook / futures pictures, for the US.

Hilarious!

नमस्ते

UPDATE — On The Spitzer Data, From Trappist-1 System: JWST Has Refined The Probabilities Of Liquid Water, And Thus An Atmosphere, On At Least A Few Exo-Planets…

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We wrote extensively about the Spitzer discovery of Trappist, in 2017-18. Back then, the interstellar space science world was set on fire by the idea that there could be up to six potentially life-supporting planets in a single system. At least that many were in a zone where, for at least a fraction of every orbit, these exo-planets might see ice-melts, and thus liquid water on the surface — under a solar-fueled warmth. That was stupefying, all on its own.

And now, about eight years later — this (below) is a significant boost, to that data — via the ultra powerful JWST ‘scope. [To be sure, you may go judge the relative probabilities for yourself, as the data are displayed (at the link) as bands of computer modeled- v. actual- observed… values. “What is the more likely scenario?”, I found myself asking… myself. Heh.]

It seems possible at least that one (or more?) of the exo-planets, Trappist-e, might have what we call a secondary atmosphere. That is… an Earth-like one. It is so named, because our first atmosphere was likely burned off by solar radiation, and consisted of mostly hydrogen and helium (i.e., not conducive to life, as we know it). Then over billions of years, water evaporation and rain and wind cycles likely slowly generated our thick carbon dioxide / oxygen system — which is VERY conducive to the kinds of life with which we are familiar.

Now to be certain, this is based on only four passes, from JWST — with much more data to be analyzed in the coming years, but it seems at least possible that Trappist e could have a secondary atmosphere. [However, all these Trappist-worlds are likely tidally-locked, so the biology might be very different than what obtains on spinning Earth.] In any event, here is the latest update — from NASA:

…Scientists are in the midst of observing the exoplanet TRAPPIST-1 e with NASA’s James Webb Space Telescope. Careful analysis of the results so far presents several potential scenarios for what the planet’s atmosphere and surface may be like, as NASA science missions lay key groundwork to answer the question, “are we alone in the universe?”

“Webb’s infrared instruments are giving us more detail than we’ve ever had access to before, and the initial four observations we’ve been able to make of planet e are showing us what we will have to work with when the rest of the information comes in,” said Néstor Espinoza of the Space Telescope Science Institute in Baltimore, Maryland, a principal investigator on the research team. Two scientific papers detailing the team’s initial results are published in the Astrophysical Journal Letters….

And… a 2017-era NASA explainer (now largely out-dated, by the above JWST data!), of what Spitzer saw back then, when this Trappist system was first discovered:



नमस्ते

[U] Chicago Sez: “This IS What Democracy Looks Like!” We Are… Resolute, And Ready.

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Look. The advice is good — and I concur. However, I wish to note that no one (who is not driving a vehicle, at the moment of stop), and who is not causing a disturbance, is ever required to show papers, of any sort, on a public sidewalk or street — or in their place of employment or… most of all, one’s own home. [Update: Some early Monday NYT reporting suggests just the normal, relatively low level of ICE enforcement movements are being seen inside city limits… no National Guard seen anywhere, nor swarming ICE agents, of dozens at a time.]

Just the same, if ICE is reputed to be rolling through your city/ward… it is smart to carry lots of official ID, and paperwork, if you are here lawfully — in any form (as you might have it).

Now, these Noemite ICE agents may not respect it, but you’ll create a very large damages award, with proof in your own hands/phones… if they do detain you for more than a few minutes. They will clearly be violating your rights. So do heed the Pilsen neighbors’ advisory at right, if your city is one targeted by Tangerine/Noem.

Yes, we are ready — and the Seventh Circuit federal law (notably, covering Chicago)… is clearly on our side:

…Our role in this case is not to assess the optimal immigration policies for our country; that is not before us today. Rather, the issue before us strikes at one of the bedrock principles of our nation, the protection of which transcends political party affiliation and rests at the heart of our system of government — the separation of powers….

If the Executive Branch can determine policy, and then use the power of the purse to mandate compliance with that policy by the state and local governments, all without the authorization or even acquiescence of elected legislators, that check against tyranny is forsaken….

[Tangerine 1.0] in this case used the sword of federal funding to conscript state and local authorities to aid in federal civil immigration enforcement. But the power of the purse rests with Congress, which authorized the federal funds at issue and did not impose any immigration enforcement conditions on the receipt of such funds. In fact, Congress repeatedly refused to approve of measures that would tie funding to state and local immigration policies. Nor, as we will discuss, did Congress authorize the Attorney General to impose such conditions.

It falls to us, the judiciary, as the remaining branch of the government, to act as a check on such usurpation of power….

On the other side of the coin, the Supremes just this morning left standing (for now) the federal authorities’ (lawless) use of apparent ethnicity as a primary basis for short investigatory stops — but not for longer detentions, without more “articuable suspicions” — beyond just skin color (or apparent ethnicity). Ugh. It is an interim opinion only, but regrettable. [Do read the dissent. It correctly states the “on the merits” legal contours. Ones upon which these plaintiffs will ultimately prevail.] In time, on the merits, we will return to the bedrock “no racial profiling” jurisprudence the Supremes have long endorsed. But it will take a minute or two. Damn. Onward.

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