We May Yet See A Private Norwegian Company Achieve Orbit This Week... But Weather (Winds) Scrub First Window, Today...

Old man Musk should take heed: many very capable European space science and rocketry programs are now in private hands, and are well-capitalized to compete for the space / orbital hauling business of delivering satellites to stable orbits above the planet.

And here they come -- while today's launch was scrubbed from northern Norway due to high winds, and frigid temps. . . there will be more launch windows later this week. This is a two stage, ~90 foot tall rocket -- easily capable of hauling smaller communications satellites into near Earth orbit. Per the AP, then:

. . .A private European aerospace company scrubbed its attempt on Monday to launch the first test flight of its orbital launch vehicle from Norway.

Unfavorable winds meant that the Spectrum rocket couldn’t be launched from the island of Andøya in northern Norway, Munich-based Isar Aerospace said.

The launch is subject to various factors, including weather and safety. The company said it could also conduct the test flight later in the week. Another date hasn’t yet been set.

The startup, which says it has raised more than 400 million euros ($435 million) in capital, hopes to build up to 40 launch vehicles per year in the future at a plant outside of Munich. The launch vehicles are all to be used for putting satellites into orbit. . . .

Smiling. . . eat his lunch, friends!

नमस्ते

There Will Be A Status Hearing (Audio Feed Available) From USDC Judge Chutkan's Courtroom In DC, In The New Mexico Case Against Musk, This Thursday...

We are gratified to see these matters being fast tracked.

People's very lives hand in the balance, here. I'll listen in, and you may do so as well, come Thursday at 11:00 AM Eastern:

. . .MINUTE ORDER:

The parties are hereby ORDERED to appear for a status hearing on March 27th, 2025 at 11:00AM ET by Telephonic/VTC via Zoom before Judge Tanya S. Chutkan.

The court will provide access for the public to telephonically attend the hearing. The hearing can be accessed by dialing the Toll Free Number: 833-990-9400 (Meeting ID: 493633106).

It is hereby ORDERED that the attendees using the public access telephone line shall adhere to the following: persons remotely accessing court proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting any court proceedings (including those held by telephone or videoconference). Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the presiding Judge.

Signed by Judge Tanya S. Chutkan on 3/24/2025. . . .

Now you know -- onward, as day by day, Elon Musk is unmasked -- as the huckster/charlatan and racist reprobate he is. Grin.

नमस्ते

23andMe Elects To File Chapter 11 This Morning -- Will Reorganize And Recapitalize... So It Goes.

We have covered its twelve-year-long meteoric rise -- from a "go fast and break things" (without FDA approvals, no less!) DNA health information provider, to an ancestry resource, to a nascent drug discovery firm -- to a compounder of weight loss injections (called Lemonade). . . now, to the founder's departure (after the board resigned six months ago).

I do believe it has the ability to rise again, but we will see -- this is now a pretty deep hole it is in. Most of all, a lack of any real sustainable profit model -- for the business at base. Here's the UK Guardian on the latest:

. . .The US genetic testing company 23andMe has filed for bankruptcy protection in the US to help sell itself, as its chief executive quit to pursue a bid for the business after several unsuccessful attempts.

23andMe said late on Sunday that it had started voluntary Chapter 11 proceedings in the US Bankruptcy Court for the Eastern District of Missouri to “facilitate a sale process to maximise the value of its business”.

The loss-making company, which provides saliva-based test kits to customers to help them track their ancestry, added that it was operating as usual throughout the sale process. “There are no changes to the way the company stores, manages, or protects customer data,” it said.

The San Francisco-based company said its chief executive and co-founder Anne Wojcicki was stepping down. She has been pushing for a buyout since April last year but was rebuffed by 23andMe’s board. . . .

Onward -- to a gray but warming week ahead -- be excellent to one another.

While the Guardian is quoting UK authorities suggesting that users delete their data at 23andMe. . . I'll leave mine up there. I am not too concerned about that, these days -- given my great health and longevity. Grin. And so I say. . . let the life sciences advance, naturally. Smile.

नमस्ते

Hegseth & Tangerine 2.0: Lost Souls. Period.

Pete Hegseth and Donald Trump -- without a shred of evidence -- seek to exclude an entire class of able bodied soldiers from service.

And they propose to do it by a Black Sharpie, alone. Welp, game over.

Here’s that whole 75 page opinion, from a very able federal USDC Judge in DC -- and a bit:

. . .THE COURT: Is saying that transgender people or people with gender dysphoria, [that] their inherent identity is inconsistent with a commitment to an honorable, truthful, and disciplined lifestyle, is that demeaning to them?

DEFENSE [Trump] COUNSEL: I don’t have a characterization for that, Your Honor.

THE COURT: Okay. And if I asked you about all the other words in [the Military Ban], with respect to the characterization of transgender people or people with gender dysphoria, you would have the same answer?

DEFENSE [Trump] COUNSEL: Yes, Your Honor.

THE COURT: There’s nothing [supporting these assertions] in the studies; right?

DEFENSE [Trump] COUNSEL: That says those same things, no, Your Honor, not that I know of.

THE COURT: [No study] says anything close to those things; correct?

DEFENSE [Trump] COUNSEL: Not that I know of, Your Honor. Tr. (Mar. 12, 2025) at 188–89.

An “Action Memo” claims the Policy “was informed through consideration of” three studies and cost data. Dkt. 73-23 (Action Memo) at 4. Who considered the information, however, is anyone’s guess; Defendants [Tangerine 2.0 forces] do not know. Maybe no one, because one study is eight years old and the other two support Plaintiffs’ position.

Transgender persons have served openly since 2021, but Defendants have not analyzed their service. That is unfortunate. Plaintiffs’ service records alone are Exhibit A for the proposition that transgender persons can have the warrior ethos, physical and mental health, selflessness, honor, integrity, and discipline to ensure military excellence. Defendants [Tangerine 2.0 forces] agree.

They agree that Plaintiffs are mentally and physically fit to serve, have “served honorably,” and “have satisfied the rigorous standards” demanded of them. Tr. (Feb. 18, 2025) at 9–14, 148; see also Tr. (Mar. 12, 2025) at 130. Plaintiffs, they acknowledge, have “made America safer.” Tr. (Feb. 18, 2025) at 10. So why discharge them and other decorated soldiers?

Crickets from Defendants [Tangerine 2.0 forces] on this key question. . . .

What is wrong with these people and their hateful, malign, backward Seventeenth Century views? Geez.

नमस्ते

There Will Still Be Oral Argument -- In The Ninth Cir., On Birthright Citizenship -- Where The Forces Of Light Have Already Won Out...

The able Ninth Circuit panel will hear argument on the complete loss by Tangerine 2.0, on the unsurprising notion that the concept of birthright citizenship is firmly embedded in the plain language of our Fourteenth Amendment, come June of 2025.

We should get a confirming message from both sides in the next week or so:

. . .NOTICE OF ORAL ARGUMENT on Wednesday, June 4, 2025 -- 10:00 A.M. -- SE 7th Flr Courtroom 2 -- Scheduled Location: Seattle WA. . . .

Onward smiling, as the Colorado State Rammies did a nice job, coming one shot short of the Sweet 16. I love. . . March!

नमस्ते

It Is Unlikely That Halozyme Will Win Substantial Keytruda® Patent Damages From Merck -- As Merck Is Licensing Entirely-Independent Tech In The Subcutaneous Field.

Last week, Halozyme was pushing a narrative that Merck would need to pay it very large license fees, for Halozyme's patented formulation of human hyaluronidase, in order to introduce a subcutaneous version of pembrolizumab (branded as Keytruda^®).

What Halozyme failed to mention was that Merck has already licensed a Alteogen invented, separate human hyaluronidase variant, one not mentioned in any of the Halozyme patents, either as a claim, or as known prior art.

That would, in turn, mean that Halozyme is likely to only get a tiny "buy peace" payment from Merck, of a few pennies per dose -- or nothing at all, when the dust settles. In any event, here's Fierce's fine reporting on it all, from mid-week:

. . .To develop the new product, Merck licensed a hyaluronidase variant from Alteogen. Called ALT-B4, the variant was independently developed by Alteogen scientists, and its sequence is not disclosed in any Halozyme patent, the Merck spokesperson noted.

Halozyme’s claim stems from its Mdase group of modified human hyaluronidases, which the company publicized in October. Halozyme came up with its Mdase tech to sign more partners who may not be able to tap into the company’s well-established Enhanze subcutaneous drug delivery platform thanks to existing exclusive licensing pacts.

The Mdase portfolio includes about 100 patents with protection extending into 2032 in Europe and 2034 in the U.S., according to Halozyme. . . .

Now you know -- and for its part, Merck intends to have its subcutaneous formula on market in the US by the end of 2025, according to CEO Davis. [This is in no small part why I've repeatedly said that Merck has clear sailing with Keytruda through 2032.]

I am in "my high dungeon" -- as more NCAA March madness is on tap on this otherwise gray but warming Sunday afternoon. . . smile.

नमस्ते

Mr. Khalil's Fine Brief Under The All Writs Act -- Will Win His Return To New Jersey, In A Few Days...

Overnight, the petitioner filed his supplemental brief -- collecting cases that compel his immediate return to a court near his home, in order to more readily effectuate his right to litigate his habeas corpus petition.

It will easily "trump" Kristi Noem's nonsensical claims that keeping him nearly 2,000 miles away promotes some odd sense of safety and efficiency. That's all she's got. Here's that fine brief -- from the dockets of the federal trial courts in Newark:

. . .As made clear below, those new authorities only strengthen Mr. Khalil’s arguments. First, ordering Mr. Khalil’s return to this District remains appropriate. And second, Third Circuit law undermines even further Respondents’ arguments that the relief sought through Mr. Khalil’s motion is jurisdictionally barred. Indeed, the relief requested in this Motion turns on the same authority this Court already invoked (ECF 81), in enjoining Respondents from deporting Mr. Khalil. Just as there was no jurisdictional bar to that limited and uncontested equitable relief, there is no jurisdictional bar to the invocation of the Court’s same power, and under related authority, to return Mr. Khalil to this District. . . .

The Third Circuit has stressed that § 1252(g) does not bar review of challenges to the underlying authority of government actions to commence proceedings. Garcia v. Att’y Gen., 553 F.3d 724, 729 (3d Cir. 2009) (holding that § 1252(g) is no bar where petition is not “challenging the discretionary decision to commence proceedings, but is challenging the government's very authority to commence those proceedings” after limitation period expired) (emphasis in original). This is especially true here where Respondents attempt to tamper with the integrity of the Court’s exercise of its jurisdiction and with foundational principles of law. See Chehazeh, 666 F.3d at 134. . . .

Now you know. And let's go, Illini women over Creighton -- and for lots more upsets, in the men's -- here in the Second Round! [I am up three games on Mr. Obama in the men's -- but only by 10 points. Woot!]

नमस्ते

In The Social Security v. DOGE Case (AFSCME v. SSA), Elon Is Getting Shellacked For Lies About "Fraud" That Doesn't Seem To Exist.

We today open our coverage here, of the still-unfolding abuses by DOGE, at the US Social Security Administration -- with a banger. With a hat tip to EmptyWheel's fine reporting, we note that USDC Judge Ellen Hollander has repeatedly caught the DOGE boys in lies, or at least highly misleading statements in sworn declarations -- about the nature and scope of their highly intrusive access, prior to clearance for security was complete.

Specifically, Marko Ezel (an avowed racist) may be working inside SSA right now (after being run out of other agency roles), and he may well be looking at various individual Americans' highly private earnings histories -- for no legitimate governmental purpose. Here's the bit of the opinion -- and the full 137 pages of it, out of Maryland,now:

. . .Ironically, the identity of these DOGE affiliates has been concealed because defendants are concerned that the disclosure of even their names would expose them to harassment and thus invade their privacy. The defense does not appear to share a privacy concern for the millions of Americans whose SSA records were made available to the DOGE affiliates, without their consent, and which contain sensitive, confidential, and personally identifiable information. . . .

For example, the Court asked counsel for the government: “[W]hat was the mission and what was the need? What was the purpose in providing access to all of this information?” ECF 45 at 23. The Court again pressed about why the DOGE Team would “need” the scope of information at issue here. Id. at 24, 38. And, toward the end of the hearing, the Court once again gave the government the opportunity to explain the “need for all of those records.” Id. at 84.

Besides cursory, circular statements about members of the DOGE Team in need of all SSA data because of their work to identify fraudulent or improper payments, counsel provided no explanation as to why or how the particular records correlated to the performance of job duties. See, e.g., id. at 21–22 (“The goal is to review . . . the Social Security Administration’s records to see if there are improper or fraudulent payments. Naturally if one is looking for improper or fraudulent payments, one looks at the data to see if any such payments are made.”); id. at 23 (“[If] one is looking for fraudulent or improper payments that may or may not be going out by the Social Security Administration, one would need to look at the records, the beneficiary data, the payment data in order to do an assessment of that and to recommend potential changes.”); id. at 24 (“I can tell you that they are looking for instances of improper or fraudulent payments and that it is natural that one would look at the data in that system to see if they’ve been substantiated . . . .”); id. at 39 (“These particular people are working at the agency in order to carry out the sort of broad policy prescription contained in the Executive Order. They are also looking at improper payments and potential waste or improper or fraudulent payments. . . .”); id. at 85 (“[I]f you wanted to decide whether or not [a claim for benefits] was improper or not, you would need to look at the records to see if the payment was properly made or if it was fraudulent.”). . . .

The number of young, feckless and deplorable reprobates spread now by Musk across the federal machinery of governance is. . . jaw slacking -- and should lead to an indictment for him, in any sane world -- after the dust settles here.

[And. . . perhaps trivially (but I do feel a need for some normalcy. . . in this time of chaos), Mr. Obama and I are tied after the first night on the men's brackets -- women's tip off in mere moments! Woot?] Onward.

नमस्ते

In Which Kristi Noem Herself Admits That Mr. Khalil Ought To Be Brought Back To NJ, If The Law Is To Be Followed...

Do note that the pull-quote in blue appears in Homeland Security / ICE's own papers filed tonight -- the ones seeking to keep him in Jena, Louisiana.

It has long been the law that in these sorts of contested, non-judicial-arrest warrant based detentions, the government cannot play tricks to hide the detainee -- and defeat challenges by alleging the challenging court has no jurisdiction. That was the central lesson of the Supremes' holding in Padilla v. Rumsfeld. And Kristi Noem admits it. She just claims. . . "well, since he's in Louisiana, let's just make all the lawyers go there."

She offers no compelling reason to hold him there -- other than the obvious (but unstated) one: it makes the process. . . the penalty, by keeping him from attending the birth of his child -- and secreting him away from his counsel.

. . .(“Our precedent likewise reflects an adherence to the general rule articulated in Endo, that the government’s post-filing transfer of a § 2241 petitioner out of the court’s territorial jurisdiction does not strip the court of jurisdiction over the petition.”).

Under those circumstances, the court where jurisdiction originally vested may retain the case. See Argueta Anariba, 14 F.4th at 446 (collecting cases). . . . [She goes on to say, though: "It is true that at the time Khalil’s original petition was filed, it could have been properly filed in this district. But the SDNY court erred in treating that fact as dispositive. . . ."]

These jamokes are all so. . . deadly tedious. Tedious. He will be ordered brought back up to New Jersey -- Newark, specifically. Onward.

नमस्ते

Power Alley: Africa's CDC Starts To Chart A New Way Forward, Assuming Tangerine 2.0 Will Be Of Zero Help...

Ever since 2001, African health advocacy groups have been pushing nations on that continent to allocate about 15 percent of the national spending budgets toward health care and prevention, under the so-called Abuja Declaration -- but so far only two nations are on track to achieve the stated goal: Rwanda and Botswana. Backgrounder, here.

Self sufficiency would be wonderful -- but feeding people generally comes ahead of vaccines, in Africa. So the goal remains a fair piece off, from here. And thus Tangerine's senseless cuts. . . will likely endanger nations across the entire rest of the globe -- due to increased risk of ever-more pandemic shocks.

In any event, here is the latest -- from just a half-hour ago, at CIDRAP:

. . .In the DRC, health officials are experiencing a shortage of mpox vaccine amid high uptake. So far, more than 525,000 people have received at least one dose, with coverage in Kinshasa at 70% of the targeted population. He estimated that the region needs 6.4 million more vaccine doses over the next 6 months.

Elsewhere in Africa, Kaseya said Uganda continues to report a high proportion of deaths among its mpox cases, and cases are rising in Tanzania, one of the newly affected countries. So far, Tanzania has reported 55 suspected cases in 16 of its regions. . . .

In many ways, this is the US playing Russian Roulette, with a revolver. . . but in this case, the revolver doesn't have one bullet in the six chambers -- five of the chambers hold live rounds. Damn.

And (trivially) as has been true for about three fourths of all the tournaments, over nearly 16 years now, Mr. Obama is out to a quick lead over me. He picked Creighton, where I had Louisville -- he was right. But I may still catch him, on other upsets! Onward, ever. . . onward. Smile.

नमस्ते

[U] March Madness! Condor v. Mr. Obama, 2025 Edition!

UPDATE: I will not grace this with a separate post. It is preposterous that the MSM is framing the Education "Black Magic Sharpie Scribble" as though it means. . . anything. The Department may only be closed or replaced. . . by an Act of Congress. What Tangerine 2.0 writes with his crayons, all alone in his playroom. . . is without ANY force or effect. Just keep reminding all your friends (and enemies) of this FACT. End, update.

Whew. Okay. . . Here is the whole she-bang -- and only where our picks diverge, I then mark my calls, in green.

All blue calls are also mine, unless a green name appears above one.

So -- we are fairly close -- but I picked a few more upsets this year; we both think Duke wins it all.

Onward -- but this year you may play against him, directly at Obama.org -- just enter your name, email addy and your bracket, and become part of the mailing list / work on the Center in Chicago's South Shore. Smile. See at right; click to enlarge.

And I have been running behind all morning with a pro bono immigration project, so I just now got the women's version picked and uploaded (I promise I've not looked in on ANY games!). You may follow along with that one, here.

Onward!

नमस्ते

Q.: Just Who Is Tim Dill? And Why Is He Being Insouciant -- About Federal Court Orders?

These people are as incompetent, as they are preposterously feckless.

The answer the Tangeriners gave USDC Judge Alsup (after being scolded, now twice) is not very meaningful at all -- and it offers only heat -- not light.

Here is the latest BS from some guy named Timothy Dill, at DoD as a Tangerine 2.0 appointee.

All Mr. Dill says is that it will take a while to re-issue badges and re-enroll DoD people in benefit plans. He was asked how many are on Admin. Leave. That is a question he absolutely does NOT answer.

He gives NO INFORMATION about how many employees are so affected. It would appear that he didn't even bother to ask, despite a clear order to do so. Damn. Stay tuned for tonight's flaming, out of San Francisco's federal district courthouse.

What a putz (and no, I don't care that he used to work for Ted Cruz).

नमस्ते

Mr. Khalil Will Be In Newark / NJ... Pretty Shortly. ICE/DHS/Kristi Noem Cannot Lawfully Secret/"Hide" Detainees.

Mr. Kahlil's habeas petition will now be heard, without delay -- in Newark, New Jersey. We will keep you apprised; trust that.

Again, Tangerine 2.0's over-reach is put down. Kristi Noem clearly knew better -- but licked Trump's boots, anyway.

It is now highly likely that DHS/ICE will be immediately ordered to return him to New Jersey -- to be able to confer with his lawyers during the litigation. And he is likely to be free, very soon. Here is USDC Judge Furman's decision, and a bit:

. . .At the heart of this case is the important question of whether and under what circumstances the Government may rescind a person’s lawful permanent resident status and remove him from the United States. It is raised by way of a petition for the writ of habeas corpus, pursuant to 28 U.S.C. § 2241, that was filed on behalf of Mahmoud Khalil, a graduate student at Columbia University. On March 8, 2025, immigration authorities arrested and detained Khalil, a green card holder and the husband of a United States citizen, based on a determination by the Secretary of State of the United States that his “presence or activities in the United States. . . would have potentially serious adverse foreign policy consequences for the United States.” 8 U.S.C. § 1227(a)(4)(C)(i). In his Petition, Khalil alleges that the Secretary of State made this determination to “retaliate against and punish” him for his “participation in protests” on and around Columbia’s campus “concerning Israel’s military campaign in Gaza. . . .”

[T]he Court agrees. . . with Khalil that it should be transferred to the District of New Jersey, not dismissed or transferred to the Western District of Louisiana. These conclusions flow from the undisputed fact that, at 4:40 a.m. on March 9, 2025, when Khalil’s lawyer filed the Petition on his behalf, he was detained in New Jersey. A straightforward application of the district-of-confinement and immediate-custodian rules therefore dictates that Khalil’s Petition should have been filed in the United States District Court for the District of New Jersey, not in this Court. Khalil makes various arguments in an effort to avoid that conclusion, most notably seizing on a concurring opinion in Padilla, in which Justice Anthony M. Kennedy, joined by Justice Sandra Day O’Connor, observed that he “would acknowledge an exception” to the district-of-confinement and immediate-custodian rules “if there is an indication that the Government’s purpose in removing a prisoner were to make it difficult for his lawyer to know where the habeas petition should be filed, or where the Government was not forthcoming with respect to the identity of the custodian and the place of detention. . . .”

And so, over to. . . Newark -- from Foley Square. Onward -- resolutely.

नमस्ते

A Pill That Shows Promise In Curing Ebola In A Primate Model Emerges...

This is very encouraging news. Pills would be far cheaper to make, and more importantly, keep stable in high temperature African environments -- much less "special handling" than existing monoclonal antibodies.

And so, the latest is here:

. . .Monkeys infected with the deadly Ebola virus have been successfully cured by a 10-day regimen of pills, leading scientists to hope the treatment could be adapted for use in humans. The drug, obeldesivir, offers a substantial advantage over the two other FDA-approved treatments for Ebola as they have to be delivered via an IV drip, whereas pills are much more convenient to store and administer. . . .

The drug is similar to remdesivir, an antiviral that’s used against a range of infections including COVID-19. It works by inhibiting the function of important viral enzymes called polymerases, blocking virus replication. . . .

Onward. We just need USAID to be freed up to provide the funding for it -- for the world. Yikes.



नमस्ते

The Most Deeply-Sourced Opinion Yet -- Out Of Maryland -- Which Ends Musk's "Quasi-Career" In Government: USDC Judge Theodore Chuang.

We have long said that Musk will never submit his finances to the review required to clear a cabinet level nomination. And his acts thus far (we've argued, and now USDC Judge Chuang has proved,a nd held) violate the Constitution. We have a process for wielding this power.

He utterly failed to submit himself for that approval. Game over, here -- as this is a muscular 68 page masterwork of an opinion. Here's a bit; but do read it all:

". . .The Appointments Clause of the Constitution lays out the permissible methods of appointing 'Officers of the United States,' a class of government officials distinct from mere employees." Lucia v. Sec. & Exch. Comm'n, 585 U.S. 237, 241 (2018) (quoting U.S. Const. art. II., § 2, cl. 2). The Appointments Clause divides Officers of the United States ("Officers") into two categories. ""[P]rincipal' officers" may be appointed only by the President, with the advice and consent of the United States Senate. United States v. Arthrex, Inc., 141 S. Ct. 1970, 1979 (2021). "[I]nferior officers," may be appointed in the same manner, or, if Congress so provides, they may be appointed by "the President alone," by a federal court, or by the head of a department. See id. at 1979-80 (quoting U.S Const. art. II, § 2, cl.2).

Defendants have not disputed that Musk has not been duly appointed as either a principal or inferior Officer. Plaintiffs characterize Musk as the de facto USDS Administrator, a position established by the DOGE Executive Order, while Defendants assert that Musk's official position is Senior Advisor to the President. While both positions are appointed by the President, Musk was not subjected to Senate confirmation, and it is undisputed that Congress did not establish either position as an inferior Officer position subject to appointment by the President only. Accordingly, neither role is that of an Officer.

Plaintiffs argue that the Appointments Clause was violated because Musk carried out the functions of an Officer without being appointed to such a role. To have acted as an Officer, an individual must: (1) "exercise] significant authority pursuant to the laws of the United States"; and (2) "occupy a 'continuing' position established by law." Lucia, 585 U.S. at 245 (citations omitted). . . .

Plaintiffs argue that Musk has "exercis[ed] significant authority pursuant to the laws of the United States." Buckley v. Valeo, 424 U.S. 1, 126 (1976) (per curiam). Plaintiffs assert that Musk has done so at USAID in a number of ways, including by unilaterally cancelling government contracts; causing USAID personnel who refused to give DOGE Team Members access to USAID systems to be placed on administrative leave; shutting down the USAID website and blocking USAID employees from accessing computer systems; and directing the closure of USAID headquarters. . . .

Here, the record supports the conclusion that the USAID officials were not actually independent actors and that even if they were, they in fact would predictably sign off on the actions directed or taken by Defendants. President Trump publicly acknowledged that Musk and DOGE wield significant influence across federal agencies when he stated in an interview that Musk "take[s] an executive order that I'd signed, and he would have those people go to whatever agency it was" and then "some guy that maybe didn't want to do it, all of a sudden, he's signing." J.R 480. Notably, USAID officials who refused to comply with Musk's demands to give DOGE Team Members access to USAID secured facilities and computer systems were subsequently placed on administrative leave. DOGE's level of influence, if not control, is further illustrated by a media account reporting that in some instances when Secretary Rubio directed that certain programs should continue to be funded, DOGE Team Members "would veto" the payments, and because they had control over the electronic payments system, the funding was not released. J.R. 572-73.

Furthermore, Marocco has effectively confirmed that DOGE played a role in key decisions by acknowledging that he "sometimes consult[s] or coordinate[s] with policymakers and others at [DOGE]" including by consulting with "the DOGE Team on certain matters, including personnel." J.R. 412-13. Finally, the email that contained the RIF notices sent to J. Doe 11 and J. Doe 21 was sent from a USAID email account created by Kliger, a DOGE Team Member, and the relevant metadata shows that Kliger in fact sent out those RIF notices.

The record thus supports the conclusion that relevant actions specifically taken by USAID officials were taken as predictable responses to [Musk personally, and DOGE] Defendants' directions and actions, and that, at a minimum, Defendants were directly involved in causing those actions through their role in effectuating personnel and contract actions and terminations. See Dep't of Commerce v. New York, 139 S. Ct. 2551, 2566 (2019). Under these circumstances, the Court finds that Plaintiffs have satisfied the traceability requirement. . . .

Say goodbye to. . . one Elon Musk. He cannot be confirmed -- because he will not disclose all his manifold conflicts -- which run into the middle hundreds of BILLIONS of dollars. . . in the roles he is taking, without lawful authority. Out.

नमस्ते

USDC Judge Alsup In SF... Is NOT Amused. Just AS We Said, DoD Ignored The Plain Meaning Of His Order.

Yes -- just as I said he would be, at mid-afternoon today, Judge Alsip is nonplussed that these jokers tried to offer non-responsive pleadings prepared for another case, when he ordered that they answer him.

Musk and Rubio are flirting with a night or two in jail here -- as is Charles Ezell. That order, in full, at evening-time on the East Coast:

. . .On March 17, the undersigned requested that defendants “state the extent to which any rehired probationary employees are being placed on administrative leave” (Dkt. No. 138).

Defendants’ response reproduces compliance reports produced in a separate action, State of Maryland v. United States Department of Agriculture, without more (Dkt. No. 139).

The Department of Defense, an enjoined relief defendant in this action, is not among the “restrained defendants” in Maryland.

Defendants’ reproduction of the Maryland declarations is therefore silent as to DOD. Defendants shall redress that deficiency and provide a declaration from DOD by MARCH 19, 2025, AT NOON.

If plaintiffs wish to file a response, they must do so by MARCH 20, 2025, AT NOON.

IT IS SO ORDERED. . . .

This is all deplorable. And Chief Justice Roberts better start speaking more stridently. This is. . . obstruction. Out.

नमस्ते

See Suni & Butch Splashdown, LIVE!

Do click right here at 5:05 PM EDT.

Should all be non-eventful.

. . .Coverage of the Deorbit Burn and Splashdown of the NASA/SpaceX Dragon “Freedom” and the Crew-9 Crew for the First Available Return Opportunity (Hague, Gorbunov, Williams, Wilmore; deorbit burn scheduled at 5:11 p.m. EDT; splashdown for the first return opportunity scheduled at 5:57 p.m. EDT. . . .

Onward.

नमस्ते

Calling Something Only "Modestly" Unconstitutional / Unlawful... Doesn't Mean... He May Go Forward. Damn.

At the Supremes over the weekend, the Tangerine 2.0 forces openly admitted that their attack on birthright citizenship was a "modest" proposal. By that I assume they meant. . . "well, at least we aren't presently proposing. . . concentration camps."

But by saying a thing is only modestly unlawful (in one's own view, at least). . . doesn't make it in any manner allowable, old Tangerine.

. . .But at this stage, the government comes to this Court with a “modest” request: while the parties litigate weighty merits questions, the Court should “restrict the scope” of multiple preliminary injunctions that “purpor[t] to cover every person * * * in the country”. . .

So. . . we have a human right, for over a century -- and Trump thinks he can kill it, and say only people who sue, individually may keep it -- while he attempts to end a Constitutional guaranteed right -- with his lil' black Sharpie, alone?

That is the most preposterous thing I've read since. . . "three-fifths of a person is how we will count you."

Out.

नमस्ते

The Chief Says (Completely... Shockingly!) That Trump's Remarks Are "Inappropriate". Huh.

Welp. I guess that's. . . something.

But Roberts created this monster -- in his own basement last term -- by deferring inappropriately to Trump, in the first place. Now he and all other judges who dare impose the rule of law, when Trump doesn't like it. . . are riding the lightning. Great work, there Chief. Here's the NYT version:

. . .Chief Justice John G. Roberts rebuked an idea raised by President Trump in a rare public statement after the president called for a judge’s impeachment on Monday.

“Impeachment is not an appropriate response to disagreement concerning a judicial decision,” Justice Roberts wrote, hours after Mr. Trump called the judge a “Radical Left Lunatic” in a social media post about Judge James E. Boasberg. . . .

We certainly should expect more. . . of this BS. Out -- bracket time.

नमस्ते

Also Yesterday, USDC Judge Ali (In USAID Cases) Ordered At Least 300 Payments Be Made A Day -- And Status Report Tomorrow, On Getting The Rest Paid...

This all is -- at base -- simple federal contracting/contractual law. Trump and Musk as billionaires are used to stiffing people with relative impunity, as no one can afford to litigate contractual claims forever, against them.

But contract law in the US is clear -- once someone agrees to pay for something, and the other party materially changes positions to his or her detriment, relying on that promise. . . the party MUST PAY in full. That is what this is about: Musk and Trump are trying to welsh on contracts made. Can't be done. Take a seat kids:

. . .The Court is in receipt of the parties' [68] joint status report. The Court's March 10, 2025, preliminary injunction adopted a feasibility benchmark of approximately 300 payments per day.

By March 19, 2025, Defendants shall submit a status report which includes the updated total number of payments for work completed prior to February 13, 2025 (1) which have been processed since March 10 for Plaintiffs; (2) which have been processed since March 10 for non-Plaintiffs; and (3) which remain to be processed for Plaintiffs and non-Plaintiffs.

Defendants' status report shall include a proposed timeline for processing the remaining payments that is consistent with the Court's benchmark.

Signed by Judge Amir H. Ali on 3/17/2025. . . .

Now you know -- now it is time to take a break from catching up on the dockets around the nation -- and work on my March Madness brackets. Heh! Onward.

नमस्ते