Category: Uncategorized

Today At 1:00 PM Eastern USDC Judge Xinis Will Hear Argument — On Unsealing The Abrego Garcia Materials, To The Press Coalition…

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There will be other matters discussed — but this is the headline event: we should shortly see exactly HOW MUCH effort Noem / Rubio / Trump actually made, and/or is still making — to secure the return of Mr. Abrego Garcia, from the El Salvador hellhole prison.

Here (as a refresher) is that letter, from the press’s lawyers, and a bit:

…[I]n the weeks since [Mr. Abrego Garcia was abducted by the DHS / ICE], the case has already been before the U.S. Supreme Court and the Fourth Circuit (twice), the President has discussed it during a nationally televised interview and on social media, and members of Congress have traveled internationally to meet Plaintiff Kilmar Armando Abrego Garcia and investigate the conditions of his detention. The case raises profound questions of separation of powers, civil liberties, and foreign relations. Such a case requires maximum transparency so that “the public [can] participate in and serve as a check upon” their government. Globe Newspaper Co. v. Super. Ct., 457 U.S. 596, 606 (1982)….

Two weeks ago, however, the parties began filing submissions in this matter under seal — seemingly without requesting or receiving permission from the Court to do so. First, the parties jointly filed a sealed request for a conference with the Court (ECF No. 98). Then, the government filed a sealed motion (ECF No. 101), and Plaintiffs filed a sealed response (ECF No. 102). Finally, last week, the government filed another sealed motion (ECF No. 104), which was denied “[f]or the reasons stated on the record during today’s proceeding” (ECF No. 106), despite no hearing being noticed on the docket or appearing on the Court’s calendar. Moreover, while releasing a hearing transcript after the fact is not an adequate substitute for contemporaneous access, the Press Movants have been told that no public transcript of the hearing is even available.

The docket also skips over one entry (ECF No. 105) entirely, without any indication of what is missing or why. Not a single sealing motion or sealing order appears in the public record….

This unexplained sealing of court records is especially concerning in such a closely watched case, because “[p]eople in an open society do not demand infallibility from their institutions, but it is difficult for them to accept what they are prohibited from observing.” Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 572 (1980). The Press Movants therefore request that the Court grant their limited request to intervene and promptly unseal these records….

[Condor predicts] she will unseal — perhaps with redactions, but maybe even by the end of this 1 pm Eastern time hearing. We will let you know, right here. She’s a great judge. Onward.

नमस्ते

Anon.’s “Good News” Story: Voyager 1’s Primary Thrusters Back Online…

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In a near miraculous turn of events, these primary thrusters were last operational over two decades ago… out there, at about 260 degrees below zero for most of that time.

But bold and clever engineers have brought them back from the dead — so the Voyager mission may continue at least another year or two. Here’s the latest, courtesy our erstwhile Anon.:

…Engineers at NASA say they have successfully revived thrusters aboard Voyager 1, the farthest spacecraft from our planet, in the nick of time before a planned communications blackout.

A side effect of upgrades to an Earth-based antenna that sends commands to Voyager 1 and its twin, Voyager 2, the communications pause could have occurred when the probe faced a critical issue — thruster failure — leaving the space agency without a way to save the historic mission. The new fix to the vehicle’s original roll thrusters, out of action since 2004, could help keep the veteran spacecraft operating until it’s able to contact home again next year….

Now over a half-century into this more than 15 billion mile one way trip… onward she sails, silently shiny and smooth — into the interstellar void. Smile….

नमस्ते

I’d Like Hinderaker To Explain This: Supremes, 9-0, Disagree With Him.

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This Toyota Corolla was suspected of not paying polls around Houston — but the car belonged to the man’s girlfriend. Not the man driving it. His girlfriend may or may not have paid the tolls in question.

Yet, in under seven seconds, the young man… was dead.

Shot by the officer, twice — even though the officer admitted his head was in a position that he could see… nothing. These are the encounters in which John sees no racial dimension at play (Texas Officer: Whyte — Deceased: Of Color).

Damn.

Here’s the Supremes’ summary. Yes the deceased fourth and eighth amendment rights were plainly violated. It was a suspected toll-road scofflaw encounter, nothing more. And he’s… dead now:

…Parking his own car just behind, [Officer] Felix walked to the Corolla’s driver-side door and asked [Deceased] Barnes for his license and proof of insurance. Barnes replied that he did not have his license with him, and that the car was a rental in his girlfriend’s name. As he spoke, Barnes rummaged through some papers inside the car, causing Felix to tell him several times to stop “digging around.” Felix also commented that he smelled marijuana, and asked if there was anything in the car he should know about. Barnes responded that he might have some identification in the trunk. So Felix told him to open the trunk from his seat. Barnes did so, while also turning off the ignition. All that happened (as a dashcam recording of the incident shows) in less than two minutes.

Then things began moving even faster. With his right hand resting on his holster, Felix told Barnes to get out of the car. Barnes opened the door but did not exit; instead, he turned the ignition back on. Felix unholstered his gun and, as the car began to move forward, jumped onto its doorsill. He twice shouted, “Don’t fucking move.” And with no visibility into the car (because his head was above the roof), he fired two quick shots inside.

Barnes was hit, but managed to stop the car. Felix then radioed for back-up. By the time it arrived, Barnes was dead. All told, about five seconds elapsed between when the car started moving and when it stopped. And within that period, two seconds passed between the moment Felix stepped on the doorsill and the moment he fired his first shot….

We confidently predict Hinderaker will NT rise to defend this lethal encounter, despite the Supremes’ unanimous opinion that it was lawless. What is at play here is whether a “reasonable” standard would consider the nature of the stop. The Supremes said it should.

Damn. Just… damn.

Too Insipid To Be Believed Tonight: John Hinderaker.

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So it seems that John Hinderaker, and Bill Ackman are unaware… that Ivy League institutions have not been elected by the people of the United States to provide for the national defense and see that the federal laws are faithfully executed, among other matters.

[Correlatively, the boys seemed to be under the mistaken impression (alternatively), that Donald Trump… has been hired on a simple four year teaching/admin. private contract, to guide a single (reactionary) vision, for the nation’s education of undergraduates.]

This is stoopid with “two ohs”. To wit:

In a scribbling too banal to describe further, both of them equate a $400,000,000 747 jet given as a clear quid pro quo bribe to Donald Trump — at the end of his four years — but for now only, to be held in the hands of the US Department of Defense, to the fact that Qatar funds some programs at elite colleges.

I. Can’t. Even.

I will say this much and then leave it where it lies. For close to four centuries, we have been aware that various private interests fund elite universities and colleges to broaden and enrich the outlook that undergraduates enter the world with. Qatar is one of only hundreds of private funders of universities in the United States. Even if it seeks to have undergraduates see the kingdom in a more favorable light (a fact not yet in evidence) — what exactly is the harm? There are certainly universities that teach isolationism. [Cough! I think one is called Hillside College — a frothy hard right “school” — and John’s favorite.]

On the other hand, Qataris providing a nearly half billion dollar payoff to the man that America elected to keep us all safe from external threats, among many other things… I don’t know… Just seems a little… Dodgy.

And it only violates about 15 federal felony statutes.

So yes, Powerline is insufferably imbecilic in regards almost every take it has offered over the last decade… on any topic related to Tangerine.

Even your boy Mirengoff (and Bill Otis) both know this stinks to high Heaven. Idiot.

Out.

Again, It Seems Team Tangerine/Musk… Has FAILED To Comply With Federal Court Orders — Sent No Notices(?), In The “Probationaries [Fired] Class Action” Case, In San Fran?!

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Not that this should be remotely surprising, but at least 124 probationaries never received the court-ordered notice — the one HHS swore was sent weeks ago. And the able USDC Judge Alsup in SF wants an immediate accounting, as to why (see below). [Here’s my prior one on it.]

Genuine question: Is there ANYTHING Elon Musk and DOGE cannot utterly screw up? Damn:

…On May 8, 2025, the Department of Health and Human Services submitted a sworn declaration stating that it shall send notices in compliance with Paragraph 4 of the undersigned’s preliminary injunction “on or before Thursday, May 8, 2025” (Dkt. No. 216-6 at 2).

On May 12, the undersigned received the attached letter (filed under seal), wherein 124 terminated probationers state that they have not received any such notice from HHS….

HHS shall file a sworn declaration detailing their compliance with Paragraph 4 of the preliminary injunction by MAY 22, 2025, AT NOON.

That declaration shall address compliance as to each of the 124 terminated probationers listed in the attached letter. The attached letter will be unsealed on MAY 22, 2025, AT NOON, unless counsel files an administrative motion showing good cause why it should remain under seal.

IT IS SO ORDERED.

Dated: May 15, 2025….

There, perjury charges lie ahead. . . and, since my adult Ironman running son (Boise, July 28, 2025) is among these probationaries, you may rest assured that I will follow up on this one, next week. Were they lying, or incompetent — or both: very incompetent liars(?)… Just… damn.

नमस्ते

USDC Judge Hellerstein Grants Extended Prelim. Inj. — Against Use Of Alien Enemies Act, By Trump/Noem/Rubio… After Supremes Say “No Stay”…

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At Manhattan’s Foley Square, the federal trial courts have extended the TRO — by a simple text order, granting a preliminary injunction — against using the AEA to remove purported members of TDA.

Now you know — here’s the overnight order:

…Upon consideration of Petitioners-Plaintiffs’ Motion for a Preliminary Injunction:

Having determined that Petitioners-Plaintiffs (“Petitioners”) and the certified class are likely to succeed on the merits of their claims that the Proclamation violates the Alien Enemies Act (“AEA”), 50 U.S.C. § 21 et seq.; that the AEA does not authorize Respondents-Defendants (“Respondents”) to remove them from the United States; that Respondents’ actions implementing removals under the AEA violate due process; that in the absence of injunctive relief Petitioners and the certified class will suffer irreparable injury in the form of unlawful removal that may be irreversible; and that the balance of hardships and public interest favor preliminary relief, it is, therefore, ORDERED that Petitioners’ Motion for a Preliminary Injunction is hereby GRANTED; and that Respondents (excluding the President with respect to any injunctive relief), their agents, representatives, and all persons or entities acting in concert with them are hereby:

ENJOINED from enforcing the Presidential Proclamation entitled “Invocation of the Alien Enemies Act Regarding the Invasion of The United States by Tren De Aragua” in the Southern District of New York….

ORDERED that after the May 21 conference, further proceedings in this Court shall be stayed pending appeal. Any party may move to lift the stay at any time….

Onward, into a steamy, sunny Spring morning here! Smile….

नमस्ते

Once Again, Justice Thomas Has Been “The Decider” — To Put A Florida Man To Death, In A Manner That Will Very Likely Cause Extreme Pain, Due To Drug Interactions…

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Once again, it is Justice Thomas’ order that removes the last barrier to this arguably cruel form of execution (for at least this man with porphyria). That order is… now on the docket. [Many may recall that we previously discussed a similar (failed) challenge, to the execution of an Alabama man — about a year and a half ago. It was Thomas that finally put that Alabama man to death, as well.]

Damn.

To be certain, I’ve long understood the “Code of Hammurabi-style theater” — at play here.

It just strikes me as quite a distance beneath… a society of ordered liberty.

Here is the Florida man’s description (by his counsel) of the Eighth Amendment violation that Thomas is now only to happy to countenance:

…[The Florida-Condemned Mr.] Rogers is arguing that Florida’s current lethal injection procedures are unconstitutional as specifically applied to him because executing Rogers under those procedures will very likely cause him needless pain and suffering due to the interaction of Florida’s use of the drug etomidate and Rogers’s Porphyria. Glossip v. Gross, 576 U.S. 863 (2015); Baze v. Rees, 553 U.S. 35 (2008).

Rogers’s as-applied challenge to Florida’s lethal injection procedures is substantial grounds upon which relief from the ultimate sanction of execution very likely could be granted. The state circuit court summarily denied Rogers’ as-applied challenge without holding an evidentiary hearing on the matter. However, the Florida Supreme Court’s (“FSC”) prior precedent recognizes the need for evidentiary hearings on as-applied challenges to execution procedures, and the FSC has relinquished jurisdiction to the lower state court on at least four separate occasions so that an evidentiary hearing may be held on such claims. Rogers should be given the same opportunity to an evidentiary hearing as those prior defendants who also raised an as-applied challenge while under an active death warrant….

[Editor’s Note: about a decade ago, Pfizer stopped selling lethal injection drugs. Now prisons must make their own cocktails of death.]

So, we yet again renew our opposition to the death penalty in all cases — and particularly here, where animal models (mice and rats) suggest that the inmate will struggle violently for several minutes, rather than falling immediately into paralysis and coma, in his case, this would be likely due to poisons gushing forth from his liver, as his porphyria disease interacts with the injected etomidate — and it in turn interacts with the therapeutic drugs he’s taking. This could take 20 to 30 minutes before he shuts down completely, struggling the whole while. But that may well be the unstated but cruel intention of Florida — and earlier in 2024, Alabama.]

All this leads to, in Hammurabi’s Code — is a land of the… blind — “as eyes — for eyes… do not restore sight to the dead“. Out.

नमस्ते

Again, Hinderaker Neglects To Mention That Most Of These “Afrikkkaners”, Arriving Here — Were Active Participants, In “Modern Day Slavery” — On Their Farms, During Apartheid…

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Almost to a person, these arriving whyte people from South Africa saw their former family farms and lands forfeited, by operation of law — since in duly convened court proceedings, it was established that the farm (or mine) was heavily reliant on a system of near-enslavement of people of color, during Apartheid.

Elon’s family is Exhibit A here — an emerald mine.

Of course, Hinderaker simply omits this — the most salient truth, of it.

Why?

Because he is ever on the hunt for whytes (he claims) that have experienced “reverse discrimination“. Never mind that it nearly never happens in the Western World.

He needs a[nother] wedge issue.

But as the South AFrican court files start arriving on these “migrants”… John will — as ever — appear as the ass in it all.

Out.

Final One (4 of 4) — Here Is Amgen’s Q1 2025 Lobby Spending, By Buckets…

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This California company is at the forefront of bio-science, and so it needs to constantly educate the Congress… on why its research and development spends are vital to the future of American health and wellness. And it is forever trying to minimize its tax bill — since it is so wildly profitable, globally.

It almost always (over the last decade, at least) comes in second, behind only Pfizer, year after year, in spending on bending the ear of government — about health care and tax topics. Now you know:

…Issues related to drug pricing reform — Changes to Public law 117-1769 Inflation Reduction Act, and Awareness of implications to patients and research and development of Public law 117-1769 in Inflation Reduction Act….

Issues related to cardiovascular disease awareness and treatment; Issues related to FDA; Issues related to patient affordability issues, including copay cards, copay accumulators, copay maximizers, National Benefit Payment Parameters; Issues related to biosimilars reimbursement; Issues related to Supply Chain; Issues related to 340B; Issues related to pharmacy benefit managers; Issues pertaining to the implementation of PL 97-414 “Orphan Drug Act,” all provisions; Issues related to prohibiting the export of biotechnology to certain foreign entities (BIOCOMPETE); Issues related to direct-to-consumer advertising; Issues related to obesity disease awareness and treatment; Issues related to biosimilars regulatory standards; Issues related to bone disease awareness and treatment; Issues related to pediatric priority review voucher reauthorization; HR 946 Optimizing Research Progress Hope and New Cures Act; HR 1492 Insuring Pathways to Innovative Cures Act; HR 1672 Maintaining Investments in New Innovation Act; HR 2214 DRUG Act….

H.R.1968 – Full-Year Continuing Appropriations and Extensions Act, 2025….

S.Con.Res.7 – An original concurrent resolution setting forth the congressional budget for the United States Government for fiscal year 2025 and setting forth the appropriate budgetary levels for fiscal years 2026 through 2034….

H.Con.Res.14 – Establishing the congressional budget for the United States Government for fiscal year 2025 and setting forth the appropriate budgetary levels for fiscal years 2026 through 2034….

Issues related to corporate and international tax, including regarding Public Law 115-97, Tax Cuts and Jobs Act; Issues related to Puerto Rico; Issues related to OECD negotiations on the taxation of global income; HR 1328 Supply Chain Security and Growth Act of 2025….

Federal Trade Commission related issues, no specific bill; Issues related to the Patent Act, no specific bill; Issues related to March-In/Bayh Dole, WTO/TRIPS waiver, no specific bill; Issues related to patent thickets/product hopping; Issues related to obviousness/ double patenting; Issues related to prohibiting the export of biotechnology to certain foreign entities (BIOCOMPETE); Issues related to FDA/PTO coordination; Issues related to skinny labeling; S.1041 A bill to amend title 35, United States Code, to address the infringement of patients that claim biological products, and for other purposes; S.1040 A bill to amend the Federal Trade Commission Act to prohibit product hopping, and for other purposes….

Issues related to tariffs….

Now you know — but of course, Tangerine 2.0’s obsession with tariffs… is resulting in vastly wasted corporate assets inside the US — as executives and policy wonks try to discern whether he actually has any concrete policy goals in mind — at all… or is it all just a “randomw walk” — through Pete Navarro’s addled frontal lobes. Yikes.

नमस्ते

Just A Reminder: You Should Read EmptyWheel — Every Day.

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But it is especially vital that you read today’s installment — on corruption, unbounded in the Trump White House.

And how to help low information (but non-MAGA) people wake up and realize this is extremely dangerous to our shared, easily free… way of life:

…Trump never fulfilled the promises to distance himself from his companies in the first term. A very partial review of Trump Organization financial records show the company received over $6 million from the Saudis during his first term. As far as I’m aware, no one has even asked this time around. . . .

Which means as things stand, Trump would be the sole beneficiary of payments from key Saudi investors, [as he acts as President again]. Trump would be, at the very least, the beneficiary of a business deal with the Saudis, as president (through his sons and son in law)….

D A M N. Onward.

नमस्ते