Category: Uncategorized

USDC Judge Xinis In Maryland Is Very Likely (By Next Tuesday, Or So), To Tell Noem / Rubio / Miller / Tangerine 2.0… That Their Fruits From “A Poisoned Tree” Have Now Ripened, And They Must “Eat Them” .

~ condor ~ Leave a comment

More — out of Maryland this afternoon, to combat Noem’s awful abuses, as to Abrego Garcia’s continued detention. It is eleven pages of excellent argument.

Also, the main All Writs Act complaint has been amended tonight — here’s that filing, as a redline.

Here’s that fine filing, this afternoon — in Maryland — and a bit:

…The Government’s opposition (ECF No. 208) does not contest any aspect of the merits of Plaintiffs’ emergency motion to return Kilmar Armando Abrego Garcia to Maryland. Among other things, the Government does not dispute that:

➣ The All Writs Act, 28 U.S.C. §1651, and inherent equitable powers authorize the requested relief. ECF No. 203 at 2–3.

➣ This Court’s injunction “properly requires the Government… to ensure that [Abrego Garcia’s] case is handled as it would have been had he not been improperly sent to El Salvador,” Noem v. Abrego Garcia, 145 S. Ct. 1017, 1018 (2025), and achieving that—i.e., restoring the status quo ante—requires returning Abrego Garcia to Maryland. ECF No. 203 at 3–4.

➣ The equities are one-sided in favoring a return to Maryland. Id. at 4–5.

➣ If this Court does not act, the Government will likely shuttle Abrego Garcia elsewhere for forum-shopping purposes….

Indeed, the Government’s brief does not even mention the All Writs Act, courts’ equitable powers, the Supreme Court’s decision in this case, or the equities. See generally ECF No. 208. Instead of contesting the merits, the Government presses three jurisdictional defenses: (1) the case is moot, id. at 1–2; (2) certain statutory provisions — 8 U.S.C. §1252(a)(2)(B)(ii), §1252(b)(9), and §1252(g)—bar jurisdiction, id. at 2–6; and (3) the requested relief sounds in habeas, yet this Court lacks habeas jurisdiction, id. at 6–7. Each defense fails….

The relief Abrego Garcia seeks in this motion is critical “to restore the status quo and preserve Abrego Garcia’s access to due process in accordance with the Constitution and governing immigration statutes.” ECF No. 21 at 2–3.

This Court should therefore enter the order under the All Writs Act and the Court’s inherent equitable authority. Because of the threat the Government will remove Abrego Garcia unlawfully if ICE takes him into custody and no such order is in place, Abrego Garcia requested, and the Tennessee court agreed, to delay issuance of its release order so that he remains in U.S. Marshal custody, rather than ICE custody, until the hearing scheduled in that case for July 16, 2025. See ECF No. 67 in United States v. Abrego Garcia, No. 3:25-cr-115 (M.D. Tenn. June 30, 2025). Plaintiffs request that the Court enter the requested relief by then….

Onward — to the choo choos, for a night classical / rap / concert up north, outdoors…. [And I’ll see you there, on the 16th, then].

नमस्ते

While We Are All Transfixed, By Vote-A-Rama… What Did Syria Offer Tangerine 2.0 — To Get Off The US Sanctions List (In Place Since 1979)?!

~ condor ~ Leave a comment

Forgive my deep jaundice here.

I have no solid evidence of anything being offered or paid — under the table. But we all well know, based on three decades’ of experience, Tangerine does no favors, without very specific “quid pro quo” transactional returns. So too, here — I very reasonably suspect. The now President of Syria gew up inside Al-Queda. [And the US’s chief “handler” in these current negotiations… was indicted by a grand jury, on unregistered foreign influence charges, last go-’round.]

The country had been a state sponsor of terror since the days of President Jimmy Carter. So. . . what did Trump get? And was it sent via untraceable crypto meme coin support, from Syrian “investors” who individually might not even be “state actors”? We should not let vote-a-rama distract us from this amazing change of heart, in US policy. [After all, Syria historically sponsored terror, against… Israel. Yep — you read that right.] Here’s a bit, from Politico:

. . .President Donald Trump issued an executive order Monday to permanently revoke most sanctions on Syria — as the administration works to navigate upheaval in the Middle East and expand its effort to improve relations between Israel and its Arab neighbors.

The action will immediately terminate five executive orders that created the existing Syria sanctions program and direct the government to waive other sanctions on the books via Congress, export controls and other measures, according to administration officials who briefed reporters on the directive….

The U.S. has had some level of sanctions on Syria since 1979, when the U.S. designated it a state sponsor of terrorism. The U.S. expanded those measures in 2004 over Syria’s military presence in Lebanon and support for militant groups. In 2011, Washington imposed sweeping sanctions on Syrian officials, oil exports and the financial sector in response to President Bashar Assad’s brutal crackdown on protesters….

And yes, Tom Barrack — yep, that billionaire / donor guy! — is at the center of these flip-flops… damn. Just like Tangerine 1.0. Onward.

नमस्ते

CA Gov. Newsom’s Muscular 67 Page Brief Is On File, In The Tariffs Challenge — In The Ninth Cir. It Should Win The Day.

~ condor ~ Leave a comment

Team Tangerine 2.0 thinks that a state government — here, the State of California — must bring this claim inside the private party / local commerce disputes mechanism (called the ICT) — in DC. That contention is silly, with all due respect. This is not some small contract dispute between two private shoe-makers. This is a state v. fed / dispute, of grave Constitutional dimensions.

The entire state of California — a sovereign entity, itself — asserts (correctly) that Trump acting alone, cannot lay or collect any tax — not without a separate Act of the Congress, which holds that sole power in the Constitution. And make no mistake: this tariff regime is plainly a new tax, on all California businesses. Not just one, or a few.

Here’s the very well reasoned 67 pager in full — and a bit:

…The Constitution assigns the power to impose tariffs exclusively to Congress. U.S. Const. art. I, § 8, cl. 1 (“The Congress shall have Power To lay and collect Taxes, Duties, Imports and Excises…”). The President has no independent authority to impose or alter tariffs. See Youngstown, 343 U.S. at 585. Congress has delegated certain tariff authority to the President in a series of statutory enactments codified under Title 19 of the U.S. Code, which is denominated “Customs Duties.” See 19 U.S.C. §§ 1338, 1862, 2132(a), 2253, 2411-2419. Those statutes expressly delegate the power to impose tariffs, and then carefully circumscribe the President’s exercise of that power. For instance, Section 338 of the Tariff Act of 1930 explicitly grants the President the authority to “declare new or additional duties” on imports from countries that have discriminated against U.S. products or commerce, but only after a 30-day waiting period and only up to 50 percent ad valorem. 19 U.S.C. § 1338(a), (d), (e). Similarly, Section 122 of the Trade Act of 1974 explicitly authorizes the President to impose “duties” on imports in order “to deal with large and serious United States balance-of-payments deficits,” but only for “a period not exceeding 150 days”….

The President may… negotiate trade agreements addressing tariff rates on behalf of the United States under a Trade Promotion Authority, but any such agreement only becomes law through implementing legislation. See Christopher A. Casey & Cathleen D. Cimino-Isaacs, Cong. Rsch. Serv., IF 10038, Trade Promotion Authority 1 (Feb. 20, 2024)….

One further tension between defendants’ interpretation and the statutory context: Section 1702(a)(1)(B) of IEEPA applies only to “property in which any foreign country or a national thereof has any interest,” 50 U.S.C. § 1702(a)(1)(B) (emphasis added). Yet tariffs are often paid on property in which a foreign country or national no longer has any interest because the property has already entered the United States and been taken under the full control of the U.S. importer at the time the U.S. importer pays the tariff. See, e.g., U.S. Customs & Border Protection, Entry Summary and Post Release Processes… (last modified Apr. 10, 2025); Learning Res., 2025 WL 1525376, at *10….

Onward — Trump’s lawyers are among the least competent — at any level of government — we’ve ever seen in public life, almost to a person [in Trump 1.0, Ty Cobb… was perhaps the sole exception]. But overall, no surprise there: low-brow people… attract low-brow help. That has been endlessly been shown to be true.

On now, to a great night under the stars… joy, lies ahead. Smile….

नमस्ते

Noem ADMITS Overnight She Knew The USDC Judge In NJ Said “No Reporting” — For Mr. Khalil — But Continues To Act, Against That Order.

~ condor ~ Leave a comment

This willful obstruction of justice — as to a man whose sole purported “offense” was that he peacefully attended a Columbia U rally where he expressed his views. Ones the Tangerine 2.0 / Rubio / Miller / Noem / Bondi morons… disfavor.

Now after almost three months in a hellhole in Jena, Louisiana, Noem seeks to make him an “internal exile” candidate — by requiring his in person reporting, monthly, to DHS in New Jersey. This despite a clear order from the bench that he NEED NOT ever do so. Damn — here’s Noem’s own admission, on the public docket overnight. . . that she knows she cannot try to make him periodically report:

…The Court set forth multiple conditions for release in its text order, but the order does not memorialize its oral statement that it did not intend to require Khalil to report to U.S. Immigration and Customs Enforcement (ICE). Compare ECF No. 317 with Hearing Tr. at 22:12-15….

Insane — but onward, resolutely — to Ravinia tonight, just the same. Out.

नमस्ते

The Latest ESA Sentinel Mission Lifted Off, At 23:04 Central European Time On Tuesday, 1 July… Excellent! [That’s 6:04 PM US East Coast Time, This Evening.]

~ condor ~ Leave a comment

As we mentioned on Sunday — we are enthused to have returned from our evening engagement to see that the ESA team performed flawlessly.

The package is now in a stable low-Earth orbit — and drawing more than adequate solar power to run all mission ops. Woot — here’s a bit, of the latest:

…The MTG-S1 satellite has been designed to generate a completely new type of data product, especially suited to nowcasting rapidly evolving storms, with three-dimensional views of the atmosphere. Its Infrared Sounder will be the first European hyperspectral sounding instrument in geostationary orbit, allowing it to hover over Europe….

ESA’s Director of Earth Observation Programmes, Simonetta Cheli, said, “These two groundbreaking missions are set to change the way we forecast both severe weather and the quality of air over Europe. It is thanks to the outstanding work our teams have done with Eumetsat, the European Commission and dozens of European industry partners, that we are able to now look forward to more accurate and timely ways of predicting storm events and air pollution….”

MTG-S1 and Copernicus Sentinel-4 were launched on Tuesday, 1 July, by SpaceX on a Falcon 9 rocket, from Cape Canaveral in Florida, US. Lift off was at 23:04 CEST (17:04 local time). Acquisition of signal was confirmed at 23:39 CEST, followed by deployment of the satellite’s solar arrays, indicating that the mission now has sufficient power….

Onward to a night under the stars tomorrow evening — a huge picnic, with lots of old friends, the CSO and Nas, and the baby girls. Sweet.

नमस्ते

Good Grief! These Noemites Are A Pedantic Bunch: Khalil Being Asked To Explain Plain English Orders To Team Tangerine 2.0?!

~ condor ~ Leave a comment

You’ll recall the Mr. Khalil is free on $1 bail/bond. He is residing in NYC under the protection of a federal injunctive decree.

Overnight, the Noem / Bondi / Trump 2.0 team said they cannot read… English. That is, they do not believe the injunction stops them from doing whatever they want. Here’s the complaint to the able USDC Judge in NJ — just docketed by Mr. Khalil’s fine team of lawyers — and a bit:

…As directed, Petitioner’s [Khalil’s] counsel conferred with [Noem’s] Respondents’ counsel following oral argument to ascertain Respondents’ understanding of this Court’s order. On June 27, Respondents’ counsel wrote the undersigned that while “[t]he Court’s order does preliminarily enjoin the Government from seeking to remove Petitioner from the United States based on the determination,” Respondents “understand that to mean actual physical removal from the United States,” and that nothing in the order prevents them from “continuing to litigate the removability charge [based on the Secretary of State’s determination] through the normal course of removal proceedings.” Ex. D, DOJ Email. Respondents also stated that “the Court’s PI order is prospective.” Id.

Petitioner respectfully submits that this interpretation cannot be squared with the plain terms of this Court’s order. “Seeking to remove” does not mean the same thing as “remove.” The former phrase encompasses any DHS pursuit of removal based on the Secretary of State’s determination and the immigration judge’s consideration of the determination, not just the final action of a removal based on the likely unconstitutional removal charge. See, e.g., ECF 299 at 2 (“The Department of Homeland Security is seeking to remove him from the United States on two grounds.”). It is Petitioner’s position that both continued DHS reliance on the Secretary of State’s determination in removal proceedings and the immigration judge’s rulings based on that same determination impermissibly seek to remove Mr. Khalil based on the Secretary of State’s determination and are therefore inconsistent with this Court’s order. See Oral Arg. Tr. 36:22-23 (June 20, 2025) (“THE COURT: There are two charges here and one of them has been enjoined.”); id. at 5:4-8 (“What happened a week ago [is]… I preliminarily enjoined… efforts to remove as to the Secretary of State’s determination as to the petitioner here.”)….

[And of course, the mentioned] immigration judge is an employee of the Executive Office for Immigration Review, a component of the U.S. Department of Justice. She wields authority derived from — and answers to — Attorney General Pam Bondi, a respondent in this matter. Accordingly, the immigration judge is subject to this Court’s orders in this matter, including its June 11 preliminary injunction….

These people — geez. The plain English couldn’t be… plainer. The able USDC Judge will straighten the wheels on their little red wagon, right out — for them, and likely before the Fourth. Out.

नमस्ते

So, For Paul — Principles No Longer Matter?! “Just Find The Center…?” Yikes.

~ condor ~ Leave a comment

Even so, I will accept Mirengoff’s conclusion — as valid and genuine: this is a terribly misguided monstrosity.

And Trump doesn’t care — and he is not even trying to find a “political center” — in the US electorate.

Damn.

Here’s Paul’s, this morning:

…But political exigencies shouldn’t obscure the fact that this is very bad legislation.

I’ll conclude by returning to the question of whether Trump has found the political center here. The evidence suggests he has not.

A Washington Post / Ipsos poll found that Americans oppose Trump’s bill by almost a 2-1 margin. A good deal of this opposition comes from those concerned about the bill’s effect on the social safety net. However, 63 percent said that the estimated $3 trillion increase to the national debt is “unacceptable.” (Only 13 percent found it “acceptable.”)

Perhaps tax increases might have been even less acceptable [Editor’s correcting note — it does impose new taxes on all middle to lower income Americans]. But the fiscal irresponsibility of the Big Bill has not gone unnoticed by voters and apparently voters don’t take it lightly….

Um… yup, Paulie is right. He’s just over three years, and a few trillion short — in taking his supposed stand. All of this was well known by 2020, actually — as to where Ole’ Trumpie was heading. Ugh.

Power Alley: CIDRAP’s Latest In-Africa Summary — Of Mpox, As Of July 1 2025…

~ condor ~ Leave a comment

As ever — with viral outbreaks / epidemics, it is two steps forward — one, back.

Still the trends are mostly improving. And wide-ranging in the field studies of the vaccine candidate are underway, in the most vulnerable populations. Here’s the latest:

…Sierra Leone is still averaging about 500 cases a week, and a high test-positivity rate (91%) suggests that more active surveillance efforts are needed. Boum said that Africa CDC will deploy 200 community health workers to help with active case detection and contact tracing.

A consistent downward trend has also been reported in two other epicenters, the Democratic Republic of the Congo (DRC) and Uganda. [Hoever,] Boum said testing remains a challenge in the DRC, where 97.5% of cases are reported from six of the country’s provinces. Uganda’s cases were up a bit, but the area is stabilizing, with no new cases reported from Kampala over the past few weeks….

Elsewhere, Togo has reported a steady rise in cases over the last three weeks that prompted the deployment of an Africa CDC incident-management support team to assist with surveillance, infection prevention and control, and lab capacity….

Now you know. Onward, resolutely.

नमस्ते

Those Two Utterly Mediocre Jr. High Level [Whyte] Bully Boys… Are Calling Each Other Bad Words, Again… Y A W N.

~ condor ~ Leave a comment

But don’t misunderstand: this is real politics. And I am here for it — as opposed to lock step autocracy.

I wish the debate was more about policies, and less about fake-TV personalities — but, truly… it is well-past time that someone spoke up — with hundreds of billions to spend — against the lunacy that is… Trumpism. So bring it on, I say — let’s tank this ugly monstrosity of a bill:

…Elon Musk’s feud with President Donald Trump — and seemingly any congressional Republicans who support the president’s massive… spending package — has reignited, with the tech billionaire threatening to launch a new political party, and Trump suggesting Musk could be punished for his opposition.

The dispute has laid bare not only the differences between the Republican president and one of his most vociferous one-time advocates, but also has reignited the possibility that the world’s richest man will — along with his billions — reenter the political spending arena….

Musk is saying he’ll create a third party if the bill passes in this form — that third party will primary every legislator who votes for it. Excellent! I’ll take support from wherever offered.

Onward, grinning. [Nas — at Ravinia on tap for a picnic dinner, with my lil’ girls, tomorrow night! Woot!]

नमस्ते