Archive for the ‘Uncategorized’ Category

[U] On An Unfathomably Sad Day For Those Who Lived Through The Cold-War, As American Patriots…
July 16, 2018

UPDATED @ Dawn on Tuesday: If you have not been following the LA Times‘ updates on this story very closely, and even if you have, you may want to read all of this 48 page motion for seven-day stay. It asks the able Judge Sabraw to prevent the government from deporting reunited families, in each case, for a period long enough to allow pro-bono lawyers to advise the families of their various rights. I think will be a winner (and granted by Judge Sabraw), in my experienced opinion. And, the able judge has granted a TRO, setting a hearing on July 24, on the seven day stay. End updated portion. Travel well — but travel light.

I will ignore Trump’s Helsinki remarks for tonight, as I am exhausted. But they were almost completely. . . traitorous (and if we were formally at war with Russia, they would constitute. . . treason). As horrible as any made by any sitting President, in over a century.

I will however, shift gears and point you to the latest amici filing in Ms. L.’s class action in San Diego. Do go read these seven pages, filed by distinguished professors of constitutional law — opposing Chad Readler and 45’s cruel treatment of migrant families.

No graphics — once again — but This will all likely lead to some (more) good news, for families still in the lurch, due to 45’s shocking kidnappings policy.

And. . . I am done. G’night.

नमस्ते

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The Trump Administration Is Still Violating Orders Of Judges Sabraw And Gee. Deplorable.
July 13, 2018

Here is the status report (17 pages) as of last night. No graphics.

I am taking a very welcome long weekend break — posting this from a country store, with cell coverage — you may read it for yourselves. As to at least 23 of the children, Trump is willfully non-compliant with the courts’ orders.

Back Tuesday, but this is disgusting. Time for contempt proceedings?

नमस्ते

[U] Merck Has A Buyer — Under Contract (AGAIN!), For Old Whitehouse Station HQ…
July 12, 2018

As it last did in early 2015 (we’ve been following HQ moves for a decade on Merck and legacy Schering-Plough) — Merck is once again “under contract” on the one million square foot behemoth of a former HQ, one it abandoned in favor of the Kenilworth one (built by “Fast” Fred Hassan, at Schering-Plough).

I’m already on the road, so no graphics, but this is good news.

Mr. Frazier has apparently convinced Unicom to purchase the abandoned HQ.

Now you know. Let’s hope it closes.

नमस्ते

Just. Because. We Need… Some Innocent Sweetness…
July 11, 2018

. . .Some Innocent Sweetness — in these dark times, for our nation:

Thank you — Mr. Fallon, and The Roots and Backstreet Boys, all played on third grade band instruments! G’night!

नमस्ते

[U, X2] Chad Readler, Political Appointee For Trumpkins, “Craps Out” Many Truly Ignorant And Specious Legal Filings…
July 10, 2018

. . .But this one may be the worst I’ve ever read, from his office.

And that’s an astonishingly prodigious bit of ignominy — given all the nonsense he filed in Muslim Bans 1.0, 2.0 and 3.0 — as well as the DACA cases.

UPDATED @ 6 PM EDT: Judge Sabraw has just entered an order — for another hearing (updating on governmental non-compliance), in two days, thus: “. . .Further Status Conference set for 7/13/2018 01:00 PM in Courtroom 13A before Judge Dana M. Sabraw. . . .”

End of the evening — on the Tenth: The able Judge Sabraw has sided with the plaintiffs, on essentially all disputed matters, by an evening order, he just entered. Onward to tomorrow night — when another status report is due from Trump — on progress, on the rest of the kids.

[End updated portion.]

In any event, here over lunch, do read this ten pager, as to why (Trumpster claims) the US Government cannot reunite even the majority of the kids it kidnapped, in violation of at least a decade of settled law, in Flores — all kidnapped over the last year, apparently. Let that sink in — Trump has been willfully violating Flores — for a year, in at least some of the kids’ cases.

Trump has been ordered (under Flores) to comply with the 20 day “least restrictive means possible” release admonition in Flores — and still, he persists in trying to force parents to “voluntarily” self deport, in order to win the right to “un-kidnap” their own children.

Let me say it again — Trump and Sessions were in no manner required to do what they did. They chose to violate Flores, and kidnap. . . babies. SO — once again: Trump = Nazi. And I mean that in the most odiously offensive way possible.

Here is some of the plaintiffs’ response, to Mr. Readler’s lunacy — but do go read it all:

. . . .By today’s deadline, Defendants only plan to reunify about half of the parents with children under five years old. Plaintiffs recognize that Defendants cannot yet reunify the parents who are currently being held in criminal custody. But as to all other Class Members with children under five, the government is not in compliance with the clear deadline ordered by the Court. . . .

[As to parents who previously] were deported without their children, Defendants have not even tried to contact them or facilitate their reunification by today. Their children are stranded in this country because of Defendants’ actions, and yet Defendants have apparently done nothing to facilitate their reunification. . . .

For the Class Members who have been released from custody, Defendants have not explained why they could not facilitate their reunification by the deadline. Defendants have all of these parents’ contact information, and there are apparently only 8 of them. . . .

There are Class Members that Defendants do not currently plan to release today, because Defendants have not yet completed their DNA tests. Defendants have not explained why they could not complete these tests or verify parentage through other means by today’s deadline. . . .

Pardon me. I need to excuse myself. . . and go throw up, now. These are. . . babies. Trump = Nazi. And sometime late this evening, the able Judge ought to hold him — 45 — personally in contempt.

नमस्ते

[U, X3] All Eyes Will Be On The Federal (Trial Level) Courthouses — In San Diego, And Los Angeles, California: The Cheeto-lini Had His A$$ Handed To Him, Overnight.
July 10, 2018

UPDATE No. 3 @ 1 PM EDT: I will make Chad Readler’s list of pathetic and unconsionable excuses — for violating a US District Court’s order (a 10 page PDF) — a new post in a few minutes. See above, soon — but this is truly. . . despicable. The Trumpers are taking an exceedingly clear order to reunite, today — and turning it into a gauntlet, which anxious parents (most of whom speak little or no English) must weave and bob their way through — in order to get access to their own children. Trump = Nazi. There I said it. Onward. New post now up shortly.

We have our FIRST UPDATE (@ 10 AM EDT): I am still reviewing this just filed 24 page PDF (a joint status report of sorts, on where the two sides are in the disputes about whether 45 is complying with the court orders, as of today). The 24 pager sets forth only a few AGREED proposed reunification and release protocols, which should occur later today. It still needs almost all substantive issues to be a few issues ironed out by Judge Sabraw, since the government is trying to force more restrictive conditions onto the people it chose to violently separate from their parents (all in violation of existing law, called the Flores consent agreement). See, viz — at page 11:

“. . .The Government wants parents — whose children were unlawfully taken from them — to fill out long paper applications and identify other caregivers for them before it returns their children. The TVPRA was not intended to inhibit family reunification — in fact, just the opposite. The Government cannot use it as a sword to prohibit or delay reunification by throwing up such needless bureaucratic roadblocks. . . .”

You may read along with me as I analyze it. As we said below, though, it is clear that Trump’s people have failed, in many cases, to get done what they were ordered to do, nearly two weeks ago. And (UPDATE No. 2) here is the notice of right to sue the US, the plaintiffs propose should be sent to all border detainees. The Trump version is noted as revision marks. End, first and second updates.

In the Ms. L. case, in San Diego, before the able Judge Sabraw — there are three separate compelled hearings / updates today alone. These center on why — and whether (though it is now known that likely 40 or so kids will not be reunited, on time, by the government — in direct violation of a standing federal court order) — the government has almost certainly failed to meet today’s deadline.

That deadline was for the reunification, of the 105 [or so, as it seems Trump’s government didn’t bother to keep an accurate track(!)] migrant children under 5 years of age, with their biological migrant parents. [Baby Agent Orange was just positively too busy — staging a reality TV style Supreme Court “reveal” / theater of the absurd, it seems. . . . His tweet about “flood alert — crying rivers” was completely unbecoming of the office he tenuously holds.]

Meanwhile, up north, in Los Angeles(!), the able Judge Dolly Gee has ruled that the government’s position is “wholly without merit” — essentially gutting all of the Cheeto-lini’s latest executive order. Just as we predicted, last month: Flores is — and remains — the controlling law of the land, on ALL these matters. Here’s some of the seven page overnight order (and a full PDF of it):

. . . .Defendants’ Ex Parte Application is a thinly veiled motion for reconsideration without any meaningful effort to comply with the requirements of Local Rule 7-18. On July 24, 2015, the Court denied Defendants’ motion seeking to modify the Flores Agreement on the same grounds now raised anew in Defendants’ Ex Parte Application. See Defs.’ Motion to Amend at 13, 17–21, 27–28, 30–33 [Doc. # 120]; July 24, 2015 Order at 19–25 [Doc. # 177]; Ex Parte Appl. at 15–16 [Doc. # 435-1 (repeating Defendants’ position that detaining family units in unlicensed family residential facilities deters others from unlawfully entering the country). In short, Defendants have run afoul of Local Rule 7-18 because the Ex Parte Application “repeat[s] . . . oral or written argument made in support of” the earlier Motion to Amend. C.D. Cal. L.R. 7-18.

Even if Local Rule 7-18 did not bar Defendants’ Ex Parte Application, it would still fail under a Rule 60(b) analysis. The Court’s July 24, 2015 Order analyzed in great detail the relevant Flores Agreement language and applicable legal authorities, responding to the same issues raised in Defendants’ current Ex Parte Application. In the absence of a showing of changed circumstances that the parties could not have foreseen at the time of their Agreement, it is unnecessary to replow the same familiar territory. . . .

[T]he Flores Agreement has required accompanied minors to be placed in licensed facilities since 1997. See Flores Agreement at ¶ 19 [Doc. # 101]. Defendants did not request an alteration of their legal obligations until many years later in 2015 and again now. The Court’s July 24, 2015 Order merely reaffirmed Defendants’ pre-existing obligations under the Agreement, and could not have caused the surge in border crossings any more than the implementation of the Flores Agreement itself caused the numerous surges that occurred after 1997. . . .

Absolutely nothing prevents Defendants from reconsidering their current blanket policy of family detention and reinstating prosecutorial discretion. See Exec. Order No. 13841, 83 Fed. Reg. at 29435; see also 8 U.S.C. § 1226(a)(2)(A). . . .

It is apparent that Defendants’ Application is a cynical attempt, on an ex parte basis, to shift responsibility to the Judiciary for over 20 years of Congressional inaction and ill-considered Executive action that have led to the current stalemate. The parties voluntarily agreed to the terms of the Flores Agreement more than two decades ago. The Court did not force the parties into the agreement nor did it draft the contractual language. Its role is merely to interpret and enforce the clear and unambiguous language to which the parties agreed, applying well established principles of law. Regardless, what is certain is that the children who are the beneficiaries of the Flores Agreement’s protections and who are now in Defendants’ custody are blameless. They are subject to the decisions made by adults over whom they have no control. In implementing the Agreement, their best interests should be paramount. . . .

Of course, the pumpkin patch kid will appeal to the Ninth Circuit, where he will. . . again lose. This (along with Roe v. Wade) is why the Supreme Court nomination looms so very large. Do go out and resist.

Onward, now at luminous dawn — with more hearings to prep for here, by tomorrow. Note: I’ll be largely off-grid, from about Thursday — through next Tuesday, up north. Fun northern Wisconsin lake adventures, and half-Irons. . . along lovely Ellison Bay, at mid-summer — just like this weekend, last summer.

नमस्ते

Keppler Goes Into Sleep Mode — Low On Fuel; Mars Global Storm Update; And The Rest…
July 7, 2018

I am off to a lovely little Guatemalan-American princess’s 15th birthday celebration, or Quinceañera.The boisterous, joyous fun lasts essentially all day — churches, gardens, parks, pictures and a reception (and dancing, into the wee hours!). . . very old family friends (second family, actually), and a new generation now rising — so I’ll just drop a Kepler presser, and a JPL/NASA Mars storm update in as a video:Separately, the ACLU will receive from ICE, HHS and Trump a list of the names and locations of all 100+ kids under five, by 5 PM Pacific, today — Saturday. And the able USDC Judge Sabraw in San Diego has ordered overnight that no delay will be granted to HHS or ICE: all babies under age 5 are to be reunited by the evening of the Tenth. Some progress to be sure — with 83 of the needed 100+ DNA matchings completed — but how can it be, that ICE’s standard “business records” and procedures did not provide for even rudimentary matching?How is that even. . . possible? Each of these families has a strong lawsuit, on that grounds alone. Trump is costing the US taxpayers millions, once more — due to his cruel and capriciously-ill informed “policies“.But, onward now — in joy — to a marvelous Quince!नमस्ते

[U] Ahem. “By July 10” Is Crystal Clear. It Means EXACTLY What It Says…
July 6, 2018

UPDATED — end of day, Pacific: All parties are due back in court at 10 AM Pacific on Monday. I think this declaration from ICE, filed during the day on Friday, has. . . frosted the able judge (pun intended). So the judge has ordered all parties back on Monday morning.

It seems ICE is trying, by a factual declaration, to dictate to the District Court, what it will, and will not, do. That’s not cricket. [Note that ICE said it might only allow some parents to be with their children AFTER the parent is free from custody. That would plainly violate both the Flores consent decree, and the injunction in Ms. L., this case.] I suspect there will be Hell to pay on Monday. End, updated portion.

I will likely have more, later today, after the status conference in San Diego’s federal District Court before the able Judge Sabraw, this morning (and my own court appearances) — but Chad Readler, for Baby-Trump, has filed a rather pedantic set of papers overnight in the Southern District.

In these papers — he indicates that HHS, INS, ICE and Homeland Security are having a hard time reuniting children under five, with their parents. [One child under the age of two, after 85 days, when returned to her parents, was covered in lice, and apparently hadn’t been bathed even once.] This is true (but unmentioned) by Mr. Readler: almost none of the children were tracked with even simple identifiers, matching them to a real parent — from whom they were snatched, at the border by ICE now weeks and months ago.

Yet he has the gall to tell the court he may not be able to meet the deadlines in the injunction because ICE and HHS are being so. . . careful, to avoid handing babies over to child traffickers. I am sick to my stomach — it is unlikely that one tenth of one per cent of the 3,000 children kidnapped by ICE — or even three of them, would have been traveling with a child trafficker when apprehended by ICE. But those three, if they exist at all, are Mr. Readler’s excuse for keeping some 2,997 children from their parents. In unlicensed, for profit, Trump-donor affiliated baby jails, thousands of miles into the interior of our nation, in most cases. Here is the 14 page PDF — and a bit:

. . . .The processes that HHS has developed in order to fulfill its statutory obligations are critical to protecting children against the well-documented risk of trafficking or abuse, but they also require HHS to follow procedures that are time consuming, even in this unique context. Defendants thus seek confirmation about the Court’s intent in its order as it relates to those procedures and, as appropriate, relief from the Court’s deadlines. . . .

23andMe had offered — two full weeks ago — to begin expedited DNA testing, gratis. Had the small handed Cheeto accepted that offer, the DNA results would ALREADY be back — and no court-ordered deadline would be missed. But Trump is right now, very likely awarding a no-bid (expensive) and delay-loaded DNA testing contract — you guessed it! — to one of his donors. For profit. I am beyond disgusted. Off to court, now.

नमस्ते

Why We Have Laws — About State LICENSED Child-Care Facilities…
July 5, 2018

In relatively small increments — many, many truly horrific affronts have been ham-handedly attempted — by this current Trump administration. It takes a moment, like a reflective July 4 holiday, to pull back — and ask oneself: Is this the sort of America I believe in? That I want to call home? Where I feel safe, with my children and grandchildren?

In the California Central District USDC version of the child kidnapping cases (called Flores, since 1985), the City of Chicago, along with New York and San Francisco — have filed a consolidated so-called “friend of the court” brief, late on the evening of the Third.

The brief takes Trump to task — about law we settled over a half century ago: children should not be left unattended in facilities that are not INSPECTED and certified, by state licensing agencies — for safety, cleanliness, and appropriately nurturing programming. I cannot agree to open a day care in my neighborhood, for three children, without (quite sensibly) complying with state licensing background checks, etc.

But right now, in Texas, California, Pennsylvania, Illinois and Michigan (among a handful of others) — Trump affiliated donors are running some non-profit, and some for profit “kid prisons” — all without the benefit of rudimentary criminal background checks, to weed out pedophiles, for example. And they are certainly now ware-housing over 2,000 young children.

Here is Chicago’s corporation counsel, on brief (17 page PDF there) — but do let that sink in: these kids are in icebox style cages (food holding cages, repurposed to cage. . . children) — being not nurtured, but “guarded“, by people with no child education training, no nurturing skills, and no basic safety protocols. Trump’s own Homeland Security Department/OIG just concluded the same. And, a bit:

. . . .Amici are acutely focused on Defendants’ attempt to modify the settlement to eliminate the state licensing requirement. . . . Amici have a strong interest, therefore, in the continued licensed regulation of Defendants’ child welfare programs, especially considering that media reports estimate that hundreds of children recently separated from their families by Defendants’ are being held in and around amici’s jurisdictions. . . .

Licensing is a critical check on the adequacy and competence of the organizations running the facilities holding these migrant children. The very purpose of state licensing is to ensure a minimum standard of quality in a service field that is incredibly complex with the potential to inflict extreme harm upon an already vulnerable youth population. The only discernible purpose of the government’s requested change is to evade the crucial layer of oversight and accountability provided by the settlement agreement’s state licensure requirement. But Defendants present no evidence that state licensing is unavailable or even impracticable, nor do they propose any alternative to state licensure that would help ensure accountability of the agencies running the facilities. To the contrary, a report released just this week by the Office of the Inspector General (OIG) at the Department of Homeland Security shows that ICE, for example, should not be self monitoring. Specifically, the OIG determined that ICE’s privately contracted inspection firms and its own self-monitoring via ICE’s Office of Detention Oversight do not result in sustained compliance with detention standards and practices, nor do they promote systemic improvements or comprehensive corrections of deficiencies.

The state licensing requirement is all the more critical now that Judge Dana M. Sabraw has issued an order requiring the federal government to reunite the separated children with their parents, many of whom are in Defendants’ custody.33 Removing the licensing requirement at this critical moment of reunification could create serious consequences for the health and wellbeing of the children. In his ruling, Judge Sabraw recognized the “constitutional liberty interest ‘of parents in the care, custody, and control of their children[,]’ which ‘is perhaps the oldest of the fundamental liberty interests recognized by’ the Supreme Court.” Id. at *35 (quoting Troxel v. Granville, 530 U.S. 57, 65 (2000)). . . . Amici’s interest in seeing the state licensing requirements be properly applied and enforced within our respective jurisdictions has its foundation in that same fundamental liberty interest in protecting the care and custody of all children. . . .

[For over a decade, I served as the chairman of the board, and counsel to a federally-funded early childhood education connector locally — and so, I speak from experience when I say licensing is vitally needed, to protect these vulnerable children from ordinary, casual harms — but especially also from otherwise unanticipated, unfathomable harms.] In this regard, you dear reader, may safely assume that putting children in cages is NOT permitted — at any licensed facility.

Folks, honestly — this is the way a democracy dies — a million smallish affronts, claimed as needed for various “exigencies” (ones that do not, in fact, exist — or are the making of 45’s own policies, in the first place), and then. . . silently, slowly — we one day awaken in a. . . monarchy. I — for one — will. . . resist.

Briefs in my pro bono versions of these matters are due. . . Friday. And these excellent models (I’ve been linking and quoting from, over the last few weeks) make life much easier. Smile.

Onward!


नमस्ते

Humor — The 2018 Fourth Celebration Edition… Also — Look At #SecondCivilWarLetters
July 4, 2018

Perhaps, just perhaps — we’ve been doing this “Resistance” thing all. . . wrong.

Do go read/see any five #SecondCivilWar tweets, or the #SecondCivilWarLetters on Twitter. Perhaps we should treat his ideas with all the gravitas they. . . deserve.

And if those two hashtags don’t give you a chuckle, watch THIS:

Okay — go, be safe — be free. And be. . . fearless. But most of all — be funny. That’s the. . . American way.

नमस्ते