Category: Uncategorized

Scott Johnson Libels A Private Figure, Abducted (Without A Hearing) To A Torture Prison… But “He’s The Bad Guy”!?

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Like Hinderaker yesterday, this morning, it is Scott’s turn. Charming.

When (as a lawyer) you know you are in deep trouble because your client has willfully violated the law (Noem/Rubio/Trump)… these old school white shoe lawyers (Johnson/Hinderaker) resort to… abusing the individual opponent, and libelously so.

I won’t recount all these falsehoods, as they generally echo Hinderaker’s lies of last evening (but do go see Rigby’s fine take down, on that, in the comments).

I will say that ignoring the glaring lies of the indicted cop at the center of the the supposed 2019 “investigation” of Abrego Garcia is… in itself… a refutation of John’s and Scott’s claims.

I think John and Scott were both, at a time, in the same room with Tucker Carlson — but it does not mean either of them accept his revisionist history, that paints Hitler as the good guy, and Churchill as the malign monster.

But both of them do just that to Abrego Garcia — he was once seen in the company of someone supposedly in a gang.

You know what? So was I.

But here in America, more than being seen with someone is required to arrest: full probable cause requires… yep, an overt criminal act — or concrete steps in preparation of committing said crimes. There is nothing like that in any record as to Abrego Garcia.

But both of these miscreants are shilling for Trump and Noem… to keep the gravy train running.

D A M N.

Ugly.

Trump Continues To Lose — On His Barbarian Tactics, Against Mr. Garcia’s Due Process Rights — Now On Appeal He Loses — As Well, AGAIN!

~ condor ~ 4 Comments

The notion that these young idiots (even if they well-know Trump is a monster), cannot see (in their own interest in self-preservation) that they will end up like Mike Lindell, and Rudy Giuliani — just so much carnage, in Tangerine’s wake… is rather astonishing to me. They have seen this whole dumb show before — in 2018-2021. People acceding to Trump’s base instincts and stepping into the firefight he created, were… jailed; disbarred and bankrupted.

Hey, guys — please: do go ask Jenna Ellis or Mike Lindell how this all ends. Or, just read the newspapers (and federal decisions, on appeal) of the last four years. Damn.

[I will pause, and interject here, that Hinderaker willfully lies about the contours of this case tonight. He fails to mention that the 2019 “police officer” suborned perjury — and was later indicted for sharing cops’ drug trafficking investigative information with a known prostitute, his mistress. That is the caliber of the “evidence” John touts, out of NYC — a place where Mr. Garcia has never lived. John asserts that an MJ / Bulls cap makes one a… gang member. Huh. Am I, too deportable without due process then, Johnnie? Do tell. “First rule of holes — when your in one, stop diggin’, man“. John’s racism is on front street throughout that post, tonight. Back to the main topic, then:]

Here’s tonight’s latest loss, for Baby T on appeal — and the correlative win, for the rule of law — in seven pages of majestic language (and a bit):

…It is difficult in some cases to get to the very heart of the matter. But in this case, it is not hard at all. The government is asserting a right to stash away residents of this country in foreign prisons without the semblance of due process that is the foundation of our constitutional order. Further, it claims in essence that because it has rid itself of custody that there is nothing that can be done.

This should be shocking not only to judges, but to the intuitive sense of liberty that Americans far removed from courthouses still hold dear…. [Abrego Garcia is] entitled to due process. If the government is confident of its position, it should be assured that position will prevail in proceedings to terminate the withholding of removal order. See 8 C.F.R. § 208.24(f) (requiring that the government prove “by a preponderance of evidence” that the alien is no longer entitled to a withholding of removal)….

The Supreme Court’s decision does not… allow the government to do essentially nothing. It requires the government “to ‘facilitate’ Abrego Garcia’s release from custody in El Salvador and to ensure that his case is handled as it would have been had he not been improperly sent to El Salvador.” Abrego Garcia, supra, slip op. at 2. “Facilitate” is an active verb. It requires that steps be taken as the Supreme Court has made perfectly clear….

[T]he government’s argument that all it must do is “remove any domestic barriers to [Abrego Garcia’s] return,” Mot. for Stay at 2, is not well taken in light of the Supreme Court’s command that the government facilitate Abrego Garcia’s release from custody in El Salvador…. “Facilitation” does not sanction the abrogation of habeas corpus through the transfer of custody to foreign detention centers in the manner attempted here. Allowing all this would “facilitate” foreign detention more than it would domestic return. It would reduce the rule of law to lawlessness and tarnish the very values for which Americans of diverse views and persuasions have always stood….

In sum, and for the reasons foregoing, we deny the motion for the stay pending appeal and the writ of mandamus in this case. It is so ordered….

Oh. And Mr. Mazzara filed another insolent, non-responsive sworn “update” again tonight — obstruction of lawful process, and under oath. There, contempt soon lies. Out.

नमस्ते

Birthright Citizenship Is Clearly… SAFE. Whew.

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The Supremes agreed to hear argument in three pending cases, true enough.

But… the Court declined to take any steps at all, to stay the lower courts’ unanimous decisions. There’s a very solid sense in which, if Tangerine had even a colorable argument, they might have “given him a chance” — while the litigation progressed — to try his policies out.

They did no such thing, and that is entirely unsurprising. There is NO colorable argument here, against the plain language embedded in the Fourteenth Amendment — and cases, stretching back 150 years.

He will never have the votes for a new Constitutional Amendment. Game over. What a waste of time, and taxpayer money.

नमस्ते

“We Love To See It!” MyPillow Guy… Broke?! Woo-Hoo!!!

~ condor ~ 1 Comment

I — for one, am fairly skeptical… that he can’t come up with some $56,000 in cash. Immediately.

[This sounds very much like Rudy G.’s insolent whining, in Manhattan, earlier this year… but somehow… he scrounged up some goodly-part of… ~$148 million. Huh.]

A federal judge wants under oath but sealed financial statements by Friday (proving he is broke), or he will place Lindell in contempt — and perhaps the actual can / lockup, for a bit — as Lindell dodges judgment damages he owes — for knowing lies about voting machine companies, in the 2020 election aftermath.

What a bunch of miscreants these jamokes are — couldn’t happen to a nicer guy.

Out.

Again — Hinderaker, Afraid Of Losing His Gravy Train Gigs… Won’t Say Tangerine CANNOT “Fire” Fed Chair… Ugh.

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At lunch, Hinderaker — ever the coward — is too much of a shrinking violet to say what is obvious to anyone who’s looked carefully at it:

The President cannot fire the Fed Chair. Except for very narrow “for cause” — affirmative, intentional misconduct (like, say… conviction of felonies — oops… but that would be… yep, Tangerine 2.0 — should be fired! He remains a convicted financial frauds felon). But I digress. Where was I? Oh. Right.

Just yesterday, I quoted (what I had then hoped was an academic point)… had hoped… would would never be a “live” discussion: the idea that Trump might try to fire or dismantle the Fed.

Now… it is more or less… “live” — at least in the sense that the dotard is raging on his dead letter social media service, about doing it. It is a “no chance” possibility. Chief J. Roberts will never G for it.

But Hinderaker makes it sound like… maybe Baby T has a point. He does not — unless he resigns at the same time, for being a convicted felon.

Geez. What a pair of putzes. Both of them.

“East Bay IV” Begins Again, In Earnest — Whether Asylum Seekers Have The Right — To EFFECTIVELY Petition In The Courts… For Their Rights.

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The Ninth Circuit has returned the East Bay Sanctuary class action case (one of dozens of backgrounders, here) to the capable USDC Judge Jon Tigar, to consider whether the plaintiff has “organizational standing” to advocate on behalf of people who mostly speak no English, are/were not educated in the niceties of our byzantine legal system — and in the main, are struggling mightily just to feed and clothe themselves in a foreign land.

To be clear, Tangerine 2.0’s (largely impotent) black Magic Marker scribbles would claim that these folks must each individually bring a complicated case in the federal courts of downtown San Francisco if they want to have ANY rights, in the US. That won’t do.

That is certainly not what the fine Lazarus prose — on the base of Lady Liberty contemplates… and it is not the way we’ve understood human rights since at least the victories won, in the 1960s civil rights movement. Here’s the latest reopening this case — we will call it East Bay IV:

…The United States Court of Appeals for the Ninth Circuit has remanded this case for further proceedings and directed the Court to consider (1) organizational standing in light of Food and Drug Administration v. Alliance for Hippocratic Medicine, 602 U.S. 367 (2024), and (2) the impact of Executive Order 14165 § 7(a)–(b). ECF No. 205 at 7–8. The parties shall meet and confer and, no later than April 28, 2025, file a joint statement containing a joint proposal or competing proposals, including scheduling, regarding how this case should proceed on remand.

The Clerk is directed to re-open this case.

IT IS SO ORDERED.

Dated: April 14, 2025….

As a wise and seasoned federal judge (who had greatly protected an entire class of asylum seekers in Tangerine 1.0’s time in office — 2017-20), I trust Judge Tigar will come to a just resolution here — as he well-knows all humans present in our land, howsoever they may have arrived, are entitled to an effective means of asserting their collective rights / receiving due process — but what, and how much. . . “process” is actually… and practically…”due“?

I trust him to sort all that out, equitably.

नमस्ते

“Bob Jones Univ. — Really?!” Someone Clearly Threatened Hinderaker Last Night (Cough! MAGA?)

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What a difference a day makes, eh?

Last night, John said that Trump was wrong to threaten Harvard. Perhaps the ham-handed tangerine moron was acting… unlawfully, he gently hinted, at least. [Mr. Obama is certain it is unlawful.]

Here not 24 hours later, though — Hinderaker is equating Harvard with… Bob Jones… i.e., Race discriminating faux bible thumpers.

John fails to talk about Bob Jones’ lunacy in the same way many of us see Tangerine’s cult of personality. Weird. And that the lunacy was the basis for the revocation of the tax exemption. In this case, Harvard is very much in the mainstream of all US thought, on how to handle admissions, curricula and promotions. No analogy, man.

But — confidential note to Hinderaker, here: if cutting off funding is unlawful, then certainly trying to revoke a federal tax exemption is — if, as Mr. Trump has made crystal clear — the CoC is doing it because he dislikes what Harvard chooses to teach, and research — and in fact… teaches.

Damn, John — did they threaten your lil’ think tank’s finances — if you didn’t immediately “get your mind… right!“?!

Seriously — if that is the way these Neanderthals control your messaging… my condolences. But do grow a spine, man.

You know this is an anathema to the way American freedoms of expression work.

Say so.

Kenya Is Eagerly Awaiting More GAVI-Supplied Mpox Vaccine Stock: This Is The Reality On The Ground Along All Major Truck Routes…

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As ever, it is two steps ahead — one, back. The logistical challenges, as well as the education / public awareness ones… are formidable.

But there is good news — it seems the public awareness campaign is — in the main — being well-received, and impacting behaviors, in the targeted audiences. Here’s that, overnight — from Kenya, this time:

…According to Dr Pius Mutuku, a biomedical epidemiologist with Kenya’s Ministry of Health, the 13 affected counties are – not coincidentally – placed along an international trunk road used to ferry cargo from Kenya’s Mombasa port to Rwanda, Uganda, Burundi, Central African Republic, Congo-Brazzaville, as well as to the Democratic Republic of the Congo (DRC), where mpox is endemic. Truck drivers plying the route are at heightened risk of exposure to mpox, due to interactions at nodes of interchange, such as with porters unloading cargo, or with commercial sex workers….

And in Kenya’s Bungoma County, a man living with HIV recently succumbed to mpox, after missing doses of his antiretroviral therapy (ART) medicines. In Kenya, 18% of confirmed mpox cases are people living with HIV.

“When mpox infects someone with untreated HIV, the risk of severe disease skyrockets. But our data show that patients who adhere to ART, typically avoid the worst outcomes. This underscores the life-saving power of sustained HIV treatment among mpox patients,” Dr Mutuku explained….

Now you know — onward.

नमस्ते

Erh… “There Are No Further Updates” — Your Naked Assertion Doesn’t End Any USDC Court Ordered Obligation, There Son…

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Look — the government has the right (though meritless) to appeal the able USDC Judge Xinis’ orders (of April 10) to the Fourth Circuit. That it did, today. [Those will fail — bank on it.]

But it also filed a non-responsive sworn update, to her prior order — an order that is in full force and effect — requiring daily sworn updates. The update is that the government has done essentially nothing — and is doing nothing, to comply with the Supremes’ admonition that it facilitate the return of Mr. Abrego Garcia. [The guy signing this insolent sworn statement is Joe Mazzara, one of the guys that counsel for Mr. Garcia will depose under oath next week, BTW. That will be a… smoker!]

Here’s that utterly insolent one-pager of nonsense — from the DHS/ICE political appointee (and the closing sentences of it, below):

. . .Given the [prior non-updates]… within the contours of existing law and regulation, there are no further updates….

She IS “the existing law” — as affirmed by the Supremes — what are they actively doing to get him home? That’s the existing law — plain as day.

The Boasberg hammer is going to soon appear in USDC Judge Xinis’ courtroom as well, I will predict. The Fourth will bounce this stupid appeal — again. As will the Supremes. Onward.

नमस्ते

[U] Well — THAT Will Leave A Mark! USDC Judge Boasberg — Now Wood-Shedding Noem, Rubio, And Even Tangerine 2.0. Yep.

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Updated @ 10 PM EDT — The Tangerine Forces / Noem-ites have appealed today’s orders. So be it. End update.

There is a bit to go yet, but it is clear that someone, pretty high up in DHS or ICE… is going to be in contempt, and maybe jailed for a bit.

Without additional ado — here’s that muscular 46 page order — just entered in DC by the very capable Judge Boasberg:

…On the evening of Saturday, March 15, 2025, this Court issued a written Temporary Restraining Order barring the Government from transferring certain individuals into foreign custody pursuant to the Alien Enemies Act. At the time the Order issued, those individuals were on planes being flown overseas, having been spirited out of the United States by the Government before they could vindicate their due-process rights by contesting their removability in a federal court, as the law requires. Trump v. J.G.G., 2025 WL 1024097, at *2 (U.S. Apr. 7, 2025) (per curiam).

Rather than comply with the Court’s Order, the Government continued the hurried removal operation. Early on Sunday morning — hours after the Order issued — it transferred two planeloads of passengers protected by the TRO into a Salvadoran mega-prison….

The Constitution does not tolerate willful disobedience of judicial orders — especially by officials of a coordinate branch who have sworn an oath to uphold it. To permit such officials to freely “annul the judgments of the courts of the United States” would not just “destroy the rights acquired under those judgments”; it would make “a solemn mockery” of “the constitution itself.” United States v. Peters, 9 U.S. (5 Cranch) 115, 136 (1809) (Marshall, C.J.)….

One Venezuelan woman [originally on the flights] swears in a declaration that she was on one of the flights that landed in El Salvador but was flown back to the United States along with seven other women, apparently because Salvadoran authorities on the ground refused to accept any female prisoners. See ECF No. 55-1 (S.Z.F.R. Decl.), ¶¶ 1, 19–21; see also Didi Martinez, Julia Ainsley & Laura Strickler, “We Were Lied To:” Two Women the Trump Administration Tried to Send to El Salvador Prison Speak Out, NBC News (Apr. 2, 2024), https://perma.cc/F5Y6-XCG8. Her account is corroborated by a declaration from a Nicaraguan man, who avows that he was also on board one of the removal flights but was returned alongside the women because Salvadoran officials would not take custody of Central American nationals such as himself. See ECF No. 55-2 (Katiana Gonzalez Decl.), ¶¶ 1, 7–9….

Defendants’ extravagant assertion of Article II power, moreover, runs headlong into the fact that courts regularly adjudicate — and sometimes, through their equitable powers, restrain — Executive Branch conduct abroad. Indeed, this occurs even when national-security concerns are at their apex and Article II powers robust. See, e.g., Hamdan v. Rumsfeld, 548 U.S. 557 (2006) (holding Executive’s military commissions on Guantanamo Bay cannot proceed given their unlawful structure and procedures); Boumediene v. Bush, 553 U.S. 723 (2008) (concluding that U.S. courts retain authority to constrain Executive action in Guantanamo Bay through writ of habeas corpus). In Doe v. Mattis, for instance, the U.S military held a dual U.S./Saudi citizen in Iraq, believing him to be a member of the Islamic State. See 928 F.3d at 3.

The district court enjoined the U.S. military from transferring him into another country’s custody without 72 hours’ notice. Id. at 3–4. After the military then provided such notice, the court enjoined the ensuing transfer on the ground that the military lacked legal authority. Id. at 4. The D.C. Circuit upheld both orders, agreeing that the military had failed to satisfy the legal preconditions for such a transfer. Id. at 4–5. That courts can enjoin U.S. officials’ overseas conduct simply reflects the fact that an injunction operates in personam, meaning that it “is directed at someone, and governs that party’s conduct.” Nken v. Holder, 556 U.S. 418, 428 (2009)….

It concludes, thus: “…For the foregoing reasons, the Court will find probable cause that Defendants’ actions constitute contempt. It will provide them an opportunity to purge such contempt. If they opt not to do so, the Court will proceed to identify the contemnor(s) and refer the matter for prosecution. A separate Order so stating will issue this day….”

नमस्ते