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“Irony, That’s For Me!” Dept.: So, Kristi Noem Disclosed Abrego’s FAMILY’s Home Address — Causing Death Threats Two Months Ago… And, Now She Wants “Protection” For HER Witnesses?!

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There were actually two new filings — one in Nashville, and one in Maryland, this late afternoon. The Maryland one simply explains why Noem cannot force a dismissal of Abrego’s habeas claims (as purportedly mooted). He remains held, in federal custody, tonight. [And plainly this was in violation of his original due process rights, now three months ago.]

The other filing, in Nashville — is interesting (and candidly should be granted to protect witnesses). We are fair-minded. The FACT that Noem endangered his wife and child by disclosing their Maryland home address does not mean that witnesses for the government should be “open season”. Not at all. Let the jury decide, I say — without fear or favor.

But it is. . . ironic — that now Noem wants to protect her “cooperating” witnesses — some of whom have (almost certainly) been given immunity from deportation, to hellhole / El Salvadoran prisons — in return for their “testimony” against Mr. Abrego Garcia, in Nashville.

In any event, here is the government’s / Noemites’ palpably ironic motion, tonight — and a bit:

…Counsel for the Government has conferred with counsel for the defendant regarding the
proposed protective order, and they authorized the Government to report that [Abrego Garcia] defendant opposes this motion….

Significantly, the discovery includes sensitive information, including information revealing the identity of… witnesses. Indeed, the charges at issue by nature implicate… privacy and safety rights…. 18 U.S.C. § 3771(a)(1), (8)….

Ironic — indeed, as I say. But let the truth come out. Let… justice be done.
I suspect the facts will show a strong motivation for these witnesses to make up lies — to curry favor — in their own deportation hearings. [We will also note that there are MSM reports tonight that while a GOP/MAGA Governor in the Dakotas, Noem had dark money pay her personal company $80,000 — which she’s (allegedly) never disclosed. If proved, that’s a federal level felony, today. Damn.]

Onward.

नमस्ते

All Very Odd — Or Perhaps Not So — That Hinderaker Would Reach Back 160 Years, To Elevate Gen. Lee, Over Gen. Grant.

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Honestly — we know — with John, “the thing ALWAYS speaks for itself.”

Res Ipsa, indeed — that he would have to quote Eisenhower, in his defense / elevation… is as telling as any other facet of his boot-licking, for the Confederate Gen. Lee.

Eisenhower, for his part, back in the early 1950s — and thus now nearly 78 years ago… would say we must understand Lee “in his historical context” (i.e., the Dred Scott decision — that African Americans were only 3/5ths human — at all!). . . is scarcely redeeming, John.

After all, better men — like Ulysses Grant, specifically and Lincoln and others… had by 1860 figured out that Dred Scott was egregiously wrongly decided. Ulysses S. Grant then went on to lead the Union forces — essentially redefining modern field warfare. [Oh — and by the way, John — he… WON!] And he was right — on the history. Utterly the opposite of… Gen. Lee (who was universally regarded as particularly cruel — to the people — men, women and children… he personally had enslaved).

So, it is simply precious… that John has NEVER written to praise Grant — the Union victor — and moral champion — for saving the Union.

But since we know Hinderaker is a dyed in the wool racist… it is entirely… unsurprising.

Precious — but unsurprising.

Out.

USDC Mag. Judge Holmes In Nashville Agrees: Abrego Garcia’s “Due Process” Arguments Grant Him A Measure Of Timing / Control, In The Tennessee Proceedings.

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Mr. Abrego Garcia will now — by USDC order — remain in the essentially “protected custody” of the Middle District of Tennessee, pending more litigation (in Maryland, before USDC Judge Xinis) — about his habeas / release / bail / bond rights.

This is good news, given the ongoing prevarications from the AUSAs in those two courts — and from Noem / Rubio, themselves. Here’s today’s order — just entered — and a bit (I may need to be back in Nashville on the 16th, then):

…Essentially, Abrego seeks the due process to which he is constitutionally and statutorily entitled, namely whether the government can make the necessary showing under the Bail Reform Act for his detention pending trial.

The District Judge recognized the import of this determination in his June 25, 2025 Memorandum Opinion:

“While the Court agrees with the premise that Abrego will likely be detained by DHS, it departs from the Government’s position that the Executive Branch’s pursuit of Abrego on multiple fronts somehow renders these proceedings academic. This forgoes the basic tenets of due process and judiciary diligence underlying Article III….”

On order of a court of the United States or on request of an attorney for the government, the person in charge of the facility where Abrego remains shall deliver Abrego to the United States Marshal for purposes of an appearance in connection with a court proceeding, including specifically but without limitation, the evidentiary hearing set for July 16, 2025 in this case.

It is SO ORDERED….

Onward — resolutely — to either Nashville or the Rockies by the night of the 15th — or… to both, actually. Heh.

नमस्ते

Moderna’s Flu Vaccine Candidate, mRNA-1010, Is More Effective Than GSK’s Long-Approved Jab…

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I suppose the central question now is whether Moderna can be ready at scale here in the US for this Fall’s flu season. This is very good news for the company whose stock (I believe) is worth more than double its current exchange-traded pricing.

Moderna is up almost 3% — in the first hour of trading, this morning — on this news:

…Moderna’s vaccine, mRNA-1010, was 26.6 per cent more effective than GSK’s approved shot in the overall study population, which included 40,805 adults aged 50 years and older, Moderna said.

The shot was shown to be 27.4 per cent more effective than GSK’s shot in adults 65 years and older – a group that is usually at highest risk to flu.

“The severity of this past flu season underscores the need for more effective vaccines,” CEO Stéphane Bancel said.

Moderna said its mRNA-based shot has the potential advantage to more precisely match circulating strains and support rapid response in a future influenza pandemic.

The shot had previously generated a stronger immune response against all four A and B strains of the influenza virus compared to traditional flu shots in a late-stage trial in 2023….

Yep — we are leading with a “power alley” item, to start the short holiday week — here in the US. Onward, smiling….

नमस्ते

Update, On The “Rolling Compliance”, With FOIA Requests, Regarding DOGE Actions This Spring, At Health And Human Services Dept…

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This morning, HHS folks / DOGE folks(?) provided an update on the processing of FOIA orders, from the DC District — all as previously ordered (the case is numbered 25-cv-463, in the USDC for the District of Columbia).

You’ll recall that Musk said DOGE did not have to comply with FOIA requests, since it was no part of the government. “Poppycock!” said the Court. These status report orders resulted — next one due within 60 more days:

…Pursuant to the Court’s May 7, 2025, Minute Order, Plaintiff, Public Health Reform Alliance, and Defendant, the Department of Health and Human Services (“the Department” or “HHS”), respectfully submit the following joint status report.

This is an action under the Freedom of Information Act (“FOIA”) pertaining to four FOIA requests:

➣ One FOIA request submitted to HHS on August 12, 2024 (FOIA Request No. 2024-01863-FOIA-OS). Compl. (ECF No. 1) ¶ 6;

➣ Two FOIA requests submitted to the Centers for Medicare and Medicaid Services (“CMS”) on August 12, 2024 (FOIA Request Nos. 081220247007 and 081220247005). Id. ¶¶ 10, 12; and

➣ One FOIA request submitted to CMS on September 4, 2024 (FOIA Request No. 090420247068). Id. ¶ 16….

As discussed previously, HHS is running a supplemental search with respect to FOIA Request No. 2024-01863-FOIA-OS. The parties conferred regarding the scope of this FOIA request and agreed on terms to be used in the supplemental search. The Department is not yet able to provide estimates as to the number of potentially responsive pages, because its searches remain ongoing; however, the Department will begin to process pages it has identified thus far and anticipates issuing its first production of any responsive, non-exempt records by August 31, 2025….

The level of taxpayer funded WASTE engendered — waste, of time, materials, personnel — and thus, talent — driven by Musk’s purported “efficiency” blitz… is simply staggering. And now it will all lead to staggering national debt levels (through all-new tax cuts for billionaires). Damnation.

नमस्ते

Serious Q.: How Is A Disbarred, Bankrupted (But Dismissed, For Debtor’s Own Fraud) Former Lawyer — Who Lied About The 2020 Outcome — A Suitable DHS Security Advisor?!

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I’ve mulled not mentioning it at all — so as not to give the creep any more oxygen.

But even though the story is a week old now, I must note it — for a complete record of this cabal of reprobates. Trump has named the man who endangered the lives of two Georgia poll workers with his knowing lies… to serve as one of his official advisors on homeland security. [This also happened whilst I was in Nashville, last week.] It could seem to be an Orwellian fiction — but it is… fact, in 2025 America:

…[Tangerine 2.0] announced his appointments to an advisory council inside the Department of Homeland Security on Tuesday, with a list that includes a right-wing news commentator, former lawmakers, Trump’s former attorney Rudy Giuliani and a top former campaign adviser.

The announcement by Trump and Homeland Security Secretary Kristi Noem says the council, established first in 2002, will provide “real-time, real-world and independent advice on homeland security operations….”

Giuliani joins crazed talk show host Levin and the intimate partner/woman assaulting and battering Corey Lewandowski on this “all-star” line up of miscreants. Just the kind of people Kristi Noem wants… in her corner, it seems. Ugh.

नमस्ते

Come Tuesday — July 1, The European Space Agency Will Launch Sentinel 2, To Work In Tandem With Sentinel 1…

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nright size-medium wp-image-11026″ /> We will be off grid that evening, at a social function — at about 6:15 pm Central US time, but do look in here — on Tuesday US evening time, as live coverage of this launch will be shown on ESA WebTV, on this coming Tuesday.

[The below right is a computer model / animated simulation — of the soon to be world’s largest floating iceberg. It is certain / due to break off of the Antarctic shelf… in the next few years. The data for the model came from the first ESA Sentinel 1 mission.] Climate monitoring and modeling is now a space based effort — as well it should be… unencumbered by geo-political boundaries on some map somewhere — drawn by some oligarch or general. Here’s the latest on this fine effort:

…The MTG mission already has one satellite in orbit – the MTG-Imager (MTG-I) – so MTG-S will be the second MTG satellite to launch. Its Infrared Sounder uses interferometric techniques to capture data on temperature, humidity, wind and trace gases that are used to generate 3D maps of the atmosphere, improving the accuracy of MTG’s weather prediction.

The Infrared Sounder will be the first hyperspectral sounding instrument placed in geostationary orbit by a European-led mission. It will be positioned about 36 000 km above the equator and will maintain its position relative to Earth, following the same area on the planet’s surface as we rotate.

Thanks to its fixed position in geostationary orbit on board MTG-S, Sentinel-4 will be able to deliver data every 60 minutes during daylight to support the Copernicus Atmosphere Monitoring Service for rapid forecasting. The mission will complement the Sentinel-5 and Sentinel-5P missions, which provide daily observations of the Earth from their polar orbits.

Sentinel-4 is the European contribution to the global constellation of geostationary air quality sensors. It will work alongside the Korean sensor Gems, observing air pollution over Asia, and NASA sensor Tempo, measuring air pollution over North America.

Thales Alenia Space was the prime contractor for the overall MTG mission, with OHB Systems responsible for the MTG-Sounder. The prime contractor for Sentinel-4 is Airbus Defence and Space. Mission control and data distribution for both MTG-S and Sentinel-4 will be managed by Eumetsat….

It will provide coverage of Europe and part of northern Africa on a repeat cycle of 15 minutes, providing meteorologists with a complete weather picture of the region, complementing data on cloud formation and lightning from MTG-I….

Now you know — do go, and be excellent to one another. We are all… we’ve got. True dat.

नमस्ते

[U: Hinderaker Quiet As A Church-Mouse?!] If Passed, This Monstrous Budget Bill Will Increase The National Debt By Around 10%: Non-Partisan Analysis — Damn

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The Senate version is far more expensive, and far more underfunded, than the US House version. If this version becomes law, Trump with have — in both of his terms — provided over the largest increases in the US deficit in history. Both times.

So much for… government “efficiency”, right?

[Updated — and here late on Sunday night (no surprise!) Hinderaker and the boys WILL NOT complain about the plainly profligate spending in the bill, as it favors “the industries of the past” to which each is beholden (oil & gas, shale, dirty coal, mining) — as well as tax breaks for billionaires.
And higher taxes on wind and solar — and removes about 12 million people of limited means from eligibility for health insurance of any kind. So much for responsible, responsive small government, as well. This idiotic, evil measure seeks to dictate which views may be expressed about religion, race and identities — via punishing taxes. What a hypocrite old John is. But he knows who is buttering his bread. End, updated portion.]

The unfunded national debt will be over $40 trillion by the time he leaves office. And over $3.3 trillion of that total will be what he chose to do. FUGLY. Here’s the latest:

…The sprawling tax and health care bill that Senate Republicans are trying to pass would add at least $3.3 trillion to the already-bulging national debt over a decade, the nonpartisan Congressional Budget Office said on Sunday, putting a far higher price tag on the measure than some of the party’s fiscal hawks had indicated they could stomach.

The cost of the Senate bill, which Republicans rolled out overnight on Friday and were still shaping on Sunday, far exceeds the $2.4 trillion cost of the version passed in the House, where lawmakers had insisted that the overall price of the bill not substantially change. But Senate Republicans still moved forward with a number of costly changes to the bill, including making prized tax breaks for business a permanent feature of the tax code….

Damnation. These MAGA / GOP idiots are becoming even wilder spenders that the “social welfare” Democrats they so derided from the 1960s onward — for nearly 65 years! And it will be worse than it was, proportionately, at the end of World War II.

From 2025 to 2035, US debt will now swell as increases in mandatory spending and interest costs outpace growth in revenues. Federal debt held by the public will rise from 100 percent of GDP this year 2025, to 118 percent in 2035 — surpassing its previous high of 106 percent of GDP in 1946. What a completely feckless, moronic lot this MAGA GOP is. Damn. Out.

नमस्ते

On That Texas/MAGA Gov. Abbott Floating Razor Wire Barrier, On The Rio Grande…

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The deeply malignant government parties are still unable to say that slicing up people — for simply wading into the waters, from the Mexican side of the Rio Grande… is something to be frowned upon.

But it is the brownshirt Texas Gov. Greg Abbott, after all (and Kristi Noem, on the federal side, we are talking about, I guess). So, the depraved cruelty remains the main objective — for both:

…Since the parties’ last status report, the parties have been in discussions regarding how to resolve this matter without further discovery or trial. Those discussions are ongoing. The United States thus asserts this matter should remain in abeyance. Texas does not oppose the continued abeyance of this matter….

We will keep you posted — but because there are individual injured humans who’ve joined this suit, Texas and ICE/DHS cannot just agree to dismiss it..

Onward, resolutely.

Team DOGE / Musk / Tangerine 2.0 Tried (And Failed) To Offer An Inapplicable Case, In The New Mexico, Et Al., v. Musk Case In DC This Past Week…

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It has been a minute since we caught the readership up on the federal suit by state governments, against the privatized DOGE army that attacked already awarded fundings, to state level agencies. [It was a busy week, in the federal trial courts, whilst I was largely off-grid, down in Music City — on my pro bono field trip.]

Here’s the latest: Team Musk moved to dismiss. That will shortly be denied, much along the lines set forth below, in the able USDC Judge Cutkan’s USDC courtroom, down in DC:

…Nuclear Regulatory Commission and “the Court’s leading case on post-APA ultra vires review,” Leedom v. Kyne, 358 U.S. 184 (1958), only address review of “ultra vires agency action” and have no bearing on ultra vires claims against governmental action by non-agency actors, including JACL Plaintiffs’ ultra vires claim in this case. 2025 WL 1698781 at *8; see also Boire v. Greyhound Corp., 376 U.S. 473, 481 (1964) (Kyne’s exception applies to agency action); Bhd. of Ry. & S.S. Clerks, Freight Handlers, Express & Station Emp. v. Ass’n for Benefit of Non-Cont. Emp., 380 U.S. 650, 660 (1965) (same); Bd. of Governors of Fed. Rsrv. Sys. v. MCorp Fin., Inc., 502 U.S. 32, 43 (1991) (same).

Kyne’s exception, which allows ultra vires review of agency action when an agency acts “in excess of its delegated powers and contrary to a specific prohibition in a statute[,]” makes sense because agencies are creatures of statute and Congress has delineated judicial review procedures for agency action. Nuclear Regul. Comm’n, 2025 WL 1698781, at *9 (citation modified).

But different considerations govern where there is no relevant statutory authority. See, e.g., Marin Audubon Soc’y v. Fed. Aviation Admin., 121 F.4th 902 (D.C. Cir. 2024). Here, Mr. Musk, Ms. Gleason, and DOGE are government actors neither created by nor acting in accordance with any authority granted by statute or the U.S. Constitution. Plaintiffs’ claim these Defendants are acting without any basis in law, and as such, are acting ultra vires.

Therefore, Defendants’reliance on cases regarding agency action, including Nuclear Regulatory Commission, is misplaced and their motion to dismiss should be denied….

What a pack of dunces these DOGE boys are… onward.

नमस्ते