Archive for the ‘Uncategorized’ Category

Young, Inexperienced USDC (Dallas) Judge Drew Tipton Has Just Had “His Ears Trimmed”, By The Fifth Circuit… And That’s A Conservatively-Dominated Circuit.
September 17, 2021

Ahem. Let’s call it a “high and tight” haircut, as though he were still “in training”, at his old US Marine facility, actually. Grin.

You’ll recall that we argued that Tipton (as a 2020 Tangerine appointee, with no real wide-ranging litigation or any prior judicial experience) simply misread every provision of federal law, in this case (at the behest of the Texas State GOP AG).

The Fifth Circuit here essentially tells him to. . . learn to read. That’s. . . humiliating, given that the Fifth Circuit cites the same US Supreme Court cases that we urged, and the AUSAs placed before him, all of which contradict his claims to broad powers, here.

Reading is. . . a skill, Judge Tipton. Here’s the full fifteen pager, admonishing Judge Tipton, and a bit — all as we predicted:

. . .Our main concern with the injunction is that we believe these IIRIRA provisions do not eliminate immigration officials’ “broad discretion” to decide who should face enforcement action in the first place. Arizona, 567 U.S. at 396. They address a separate question: the custodial status of individuals who are facing removal proceedings or who have been removed. See 8 U.S.C. § 1226(a),(c); § 1231(a)(2). To the extent the injunction prevents the Attorney General from relying on the memos to release those who are facing enforcement actions and fall within the mandatory detention provisions — for example, prisoners with qualifying convictions against whom ICE has lodged a detainer (8 U.S.C. § 1226(c)(1)) or individuals subject to removal orders (id. § 1231(a)(2)) — we see no basis for upsetting it at this stage as that is what the statutes govern.

The district court’s injunction, however, is not limited to detention decisions of aliens the United States has decided to remove. It is much broader. It enjoins reliance on memos that guide decisions on, among other things, “whether to issue a detainer,” “whether to issue, reissue, serve, file, or cancel a Notice to Appear,” and “whether to stop, question, or arrest a noncitizen.” ICE Memo at 3.

We see the United States likely succeeding on this core foci of the interim enforcement priorities—immigration officials’ ability to prioritize who is subject to investigative and enforcement action in the first place. See Reno, 525 U.S. at 483 (recognizing that law enforcement discretion extends to “initiation or prosecution of various stages in the deportation process,” including the “discretion to abandon the endeavor”). . . .

It is quite telling that neither [Texas or Louisiana] nor the district court have cited a single Supreme Court case requiring law enforcement (state nor federal, criminal nor immigration) to bring charges against an individual or group of individuals. . . .

What is more, in the quarter century that IIRIRA has been on the books, no court at any level previously has held that sections 1226(c)(1) or 1231(a)(2) eliminate immigration officials’ discretion to decide who to arrest or remove. . . .

The injunction is STAYED pending appeal in all other respects including the reporting requirements. . . .

In sum, the Fifth Circuit just said that young Judge Tipton simply “made up” this opinion, from whole cloth. This is the starkest rebuke imaginable: a GOP-leaning Fifth Circuit just effectively said he failed a simple statutory reading test. One with clear Supreme Court guide posts, to light his path. And he. . . ignored them. Ouch.

Onward now, to a wonderful weekend with the baby girl!

नमस्ते

More — On The Bio-Ethics — Of “De-Extinction” — Mammo-phants Edition: And Church’s “Colossal'” Aims
September 17, 2021

I want to return to this sensational story — as more and more tech focused outlets, and Bitcoiners in particular, are weighing in to say this is a good (or, at least “not so bad”) idea. It happens that many of them — or their parent/affiliated venture arms — also happen to be investors in the “Neo-Jurassic Park” efforts. So do take their statements as. . . positively dripping, with financial self interest (directly, or indirectly).

For the more serious bio-sciences / bio-ethicists’ side of the ledger, The Washington Post sent a reporter out to collect quotes. Here’s a bit of that — the WaPo‘s thoughtful piece — on the bio-ethics:

. . .[The] idea has also generated a fierce ethical debate, not unlike the one that played out on movie screens years ago: Is this another case where scientists were so preoccupied with whether they could that they didn’t stop to think if they should?

“I’m quite leery of a technological fix for the problems we’ve created,” Wendling said. . . .

Christopher Preston, a professor of environmental ethics and philosophy at the University of Montana, questioned Colossal’s focus on climate change, given that it would take decades to raise a herd of woolly mammoths large enough to have environmental impacts and there are tried-and-true conservation tactics that need funding.

“We should be making sure those get enough resources, rather than getting taking our eye off the ball by the distraction of a project such as de-extinction,” he said. “It’s very hard for me to think that the idea you could de-extinct a woolly mammoth is a technological fix for anything that needs fixing in the next century. . . .”

Paul Thompson, W.K. Kellogg Chair in Agricultural, Food and Community Ethics at Michigan State University, said. . . . there should be a high ethical bar when considering gene modification, and pointed to the controversy over the modification of plants, which prompted calls to label all foods containing genetically modified organisms or GMOs. He questioned whether creating a new species of “quasi-mammoths” is in the interest of the animals that would be created.

Thompson said biologists are still trying to uncover what makes some species invasive and others helpful to a new ecosystem, and said there’s a conversation to be had about whether introducing a woolly mammoth equates to introducing an invasive species. . . .

Of course, promoters of Colossal are given the closing quotes, urging CRISPR scientists to “stop wringing their hands” — and just (effectively) “Slap it on a lunch-box” — for kids, at a Siberian-tundra version of. . . Jurassic Park.

Gee — where have I heard that before (credit Ian Malcolm)?

Grinning. . . ever, grinning — on a flawlessly fine Friday here.

नमस्ते

Peggy Noonan’s Poor Take — No, We Haven’t Lost “The Thread”
September 16, 2021

Ms. Noonan rarely writes much I agree with. No surprise.

But this bit is especially morose, dark and awful (even for her). She chastises 2021 America for not being more “unified” (compared to immediately after 9/11). From my perspective, there were some genuinely patriotic moments after 9/11 — but the bulk of what was “unified” was a hatred toward a single, faceless “other”. Demonized were all peoples who remotely looked to be from the middle east.

Unwittingly, one thing Tangerine helped real Americans see… was he helped all of us of good will, to see clearly how easy it is to make one American… turn on another.

His efforts at dividing us did not succeed — but they did expose charlatans like Peggy Noonan — for what they are: wanna-be goose-steppers.

She would prefer an America with a single common enemy (whether real or imagined)… over a complex, occasionally conflicting tapestry of brightly different threads… each shimmering in the sun, in turn, and doing their level-best to make their way in the ever accelerating, jangling world.

So — I will dutifully ignore her take, when she intones:

“…It had to do with a sense that we are losing the thread, that America is losing the thread. We compared — we couldn’t help it, it is in the nature of memory — the America of now with the America of 20 years ago, and we see a deterioration.

We feel disturbance at this because we don’t know if we can get our way back. The losing of the thread feels bigger than ideology, bigger certainly than parties. It feels like some more fundamental confusion, an inability to play the role of who we are, and to be comfortable in who we are….”

And, preciously — she neglects to mention that President Obama did get Osama Bin Laden.
Par for her course.

So, even her “bad guys” narrative is… specious. I won’t bother with debunking all of it, but she completely missed AOC’s point at the Met Gala 2021 — so I will make a picture of that much — for her. See at left (To be sure, Tangerine hasn’t been that thin since before his military academy days / boarding school — but it was the best stock all white image I could find, of size — to photoshop!). . . .

Onward — grinning into the warm September night’s breezes — she will not sell me a bill of fake goods about my fellow Americans. No, sir.

Out.

This Is, In My Opinion, An Ill-Informed Take — On Elizabeth Holmes.
September 16, 2021

Yes — sexism is absolutely a major, debilitating corporate American blight — it is pervasive, even occasionally in prosecutorial decisions. Yes — occasionally. . . true.

But yet and still — Ms. Holmes has undoubtedly committed multiple felonies. [She is, in short, nothing like the courageous woman in today’s graphic, below.]

That various MEN — whyte men. . . have ALSO committed. . . similar felonies. . . is still no defense.

Here endeth this [shortish] sermon.

नमस्ते

Tangent: Young Virgil Griffith Goes On Trial In Manhattan In Two Weeks… 20 Year Sentence Possible.
September 15, 2021

We have mentioned this felony case in passing a few times before. [As an update, Condor predicts that he will not escape trial by arguing that former FBI agents (in an unrelated investigation) accessed his warrant-specific Palantir data-base, without the AUSAs’ prior knowledge or consent.] No. . . he will have to face the [North Korean] music. . . .

Condor further refers all erstwhile readers to the fine Inner City Press summary of the latest pre-trial hearing‘s to and fro’. Here’s one bit — as a teaser — but do go read it all:

Judge Castel: Griffith’s statement, I’ll try to become wealthy enough to pay my bail *is* relevant, I’m not going to exclude it. On TOR and the Dark Web, the government is not going to be permitted to wander there but some specifics, on his c.v. [will be allowed]. . . .

Onward, ever grinning. . . Bitcoin is recovering slightly, and so too — is Riot.

But that won’t last very long, despite Ms. Cathie Wood’s call for ~$500K Bitcoin in five years. Silly. So… have a great day — fall colors starting to appear here. . . .

नमस्ते

This Is What Tangerine’s Ongoing Stain On The GOP Looks Like: A Wipeout, In California
September 14, 2021

Welp. I could not be happier: the Trump-endorsed candidate in California. . . did nothing more than divide the GOP into split camps.

That led to the effective end of any recall effort, for the Governor in California (speaking as of this evening, local time — and so. . . this is Condor’s version of “future-casting” — by just a bit). It seems — as I’ve written about Georgia previously (and Herschel Walker’s candidacy) — the MAGA forces are more interested in destroying the GOP, than winning any actual elective office. Perfect.

And so — all I’ll say is. . . “have at it, boys!” [To be sure, they are almost all. . . boys.] Here’s CNN on it all:

. . .[I]n Elder, Newsom gained a direct target who he could argue was “to the right of Donald Trump” and who would take California “off the Covid cliff,” citing the experiences of Florida and Texas and their conservative anti-mask-mandate governors as the model Elder would follow in responding to the pandemic.

Elder’s long history on the radio and as a columnist provided reams of controversial statements for opposition researchers and journalists to scrutinize on other topics, like his disparaging comments about women — a key demographic for Newsom. . . .

And — any time a misogynist (Elder or Walker) flames out. . . I will cheer from the roof-tops. In truth, based on multiple post 1600 Penn. events. . . Tangerine seems to believe the 1950s gender roles are his preferred model. Again — have at it boys. That time has. . . died. Onward, to yet another win — in California by morning tomorrow. Out, grinning. . . .

नमस्ते

For Well Over A Decade, We Covered The Nuvaring® MDL — Out Of The Eastern District Of Mizzou. It Is Now… OVER.
September 13, 2021

As indicated below, the overwhelming majority of all claimants took their portion of the $100 million settlement fund, after paying lawyers, years ago.

Those who fought on — in separate individual cases — have now all settled, or been defaulted for failure to show evidence of actual injuries, in discovery. So — whilst I was in the mountains, on September 3, the able USDC Judge Rodney Sippel entered the below final order, ending the Nuvaring® federal class action / products liability case:

. . .ORDER

The United States Judicial Panel on Multidistrict Litigation transferred this matter to this Court on August 22, 2008 for coordinated and consolidated pretrial proceedings. After the completion of case-wide discovery and rulings on summary judgment and Daubert motions the parties reached a general settlement.

The vast majority of cases participated in the settlement. The remaining cases either reached individual settlements or were dismissed for failing to comply with standing discovery orders.

The last of these cases was dismissed today. As a result, all the cases involved in this litigation have been resolved and this matter may be closed.

Accordingly, IT IS HEREBY ORDERED that the Clerk of Court shall close this matter. The Clerk shall send a copy of this order to the United States Judicial Panel on Multidistrict Litigation to inform them of the resolution of this matter (copy forwarded to MDL Panel).

Signed by District Judge Rodney W. Sippel on 9/3/2021. . . .

Now you know — onward, toward a bright, warm and sun-dappled Tuesday morning here. . . be excellent to one another, even as we see yet another long-standing commitment of ours. . . drawn to a very quiet end. It is the natural way of such passings, I may say — based now. . . on decades of experience. Things just. . . fall into a river-stone like silence. But beneath those river stones. . . there are the words. And indeed, some of the words. . . are mine, to each of you.

नमस्ते

[U] So… Weren’t These Guys… Paying Attention, When “Jurassic Park” Debuted?!
September 13, 2021

Okay, look — I am generally an ardent proponent of advancing bio-science. And genetic bio-science.

But the claim here — that we will help solve the Earth’s greenhouse gas emission problems — by bringing a genetically-modified Woolly Mammoth back to life, after 15,000 years of extinction — even if essentially quarantined (in remote Siberia) — yet, and perhaps — in vast herds. . . seems fanciful, at best. [And dangerous, at worst.]

More directly, the notion of making a mammal that is a cross between a nearly extinct Asian elephant, and the fully-extinct mammoth line. . . seems to open a Pandora’s Box of likely unintended biological consequences, per this morning’s edition of The Guardian UK:

. . .Ten thousand years after woolly mammoths vanished from the face of the Earth, scientists are embarking on an ambitious project to bring the beasts back to the Arctic tundra.

The prospect of recreating mammoths and returning them to the wild has been discussed – seriously at times – for more than a decade, but on Monday researchers announced fresh funding they believe could make their dream a reality.

The boost comes in the form of $15m (£11m) raised by the bioscience and genetics company Colossal, co-founded by Ben Lamm, a tech and software entrepreneur, and George Church, a professor of genetics at Harvard Medical School who has pioneered new approaches to gene editing. . . .

Other researchers are deeply skeptical that Colossal will pull off such a feat. And if Colossal does manage to produce baby mammoth-like elephants, the company will face serious ethical questions. Is it humane to produce an animal whose biology we know so little about? Who gets to decide whether they can be set loose, potentially to change the ecosystems of tundras in profound ways?. . . .

Russian ecologists have imported bison and other living species to a preserve in Siberia they’ve dubbed Pleistocene Park, in the hopes of turning the tundra back to grassland. Dr. Church argued that resurrected woolly mammoths would be able to do this more efficiently. The restored grassland would keep the soil from melting and eroding, he argued, and might even lock away heat-trapping carbon dioxide. . . .

This has. . . a clearly-flashing warning sign on it: “Ecological Disaster Ahead” — it is in fact. . . written all over it. And if not a disaster — it is at best, a throwing away, of the $15 million raised so far.

[Update: In an ironic twist, one of the investors in this project was the money behind the latest — and least entertaining — installment of the Jurassic Park franchises — called Jurassic World. Ugh.] But I’ll watch from the sidelines. . . grinning — ever grinning.

नमस्ते

The Next-Gen Joint-Effort Space Telescope Has A December 18 Launch Date — From French Guiana Space Port…
September 12, 2021

While we were off-grid, on vacation, the joint ESA and NASA teams confirmed a launch window for the next gen ‘scope.

It is back on, for late 2021 — after having moved to early 2022 — after having a Halloween 2021 original launch window. But being offloaded through the Panama Canal, it is now only a bit away from final staging in French Guiana’s Spaceport facility.

So, here is the Beeb, on it all:

. . .The $10bn James Webb Space Telescope is expected to launch on 18 December. . . .

All that is required is to unload the finished telescope in French Guiana, put it on the top of an Ariane rocket, light the engines and stand well back. . . .

Onward, to a birthday brunch — ever smiling. . . and keeping tabs on / watching a blazingly fast Half-Ironman® competitor (via the handy iPhone app) in Santa Cruz, California this midday! Woot!

नमस्ते

H.E.R. Absolutely Nails It — At CNN 9/11 20 Year Memorial Tonight…
September 11, 2021

नमस्ते