[Update: "You're FIRED"?!?] Not Only Did Elon's Millions Tank A MAGA WI Sup. Ct. Candidate -- It May Win Him... Bribery Charges!?

Oh my -- that junior-size "stable genius" Elon Musk -- over the weekend, on video, at public rallies, was heard boasting about "giving" $1 million each to people who registered to vote GOP... and then a president of one of the college GOP clubs. . . won. Imagine that.

But that wasn't nearly the half of it. Of course, Crawford won by 10 points -- mopping the floor, with Elon's attempted bribes -- and Brad Schimel.

Now it seems a woman who sells. . . various things. . . made a video on X-itter (since deleted), in which she said Elon paid her to vote GOP/MAGA.

That may well end in a visit from the FEC -- and the revocation of his PAC's lawfully registered status, at the FEC. Couldn't happen to a nicer guy.

From the local Milwaukee paper of record, then:

. . .On Tuesday, Musk’s super PAC, America PAC, pulled a video from X featuring $1 million giveaway winner Ekaterina Deistler in which she said she received the money, in part, to “vote.” X is owned by the tech billionaire.

“My name’s Ekaterina Deistler,” she said in a video posted Monday morning. “I did exactly what Elon Musk told everyone to do: sign the petition, refer friends and family, vote, and now I have a million dollars.”

But the video was taken down yesterday, and America PAC posted a new video of Deistler on X on Tuesday afternoon.

“My name’s Ekaterina Deistler, and I’m from Green Bay, Wisconsin,” she said in the new video. “I did exactly what Elon Musk told everyone to do: sign the petition, refer friends and family, and now I have a million dollars. . . .”

Yeah -- hang out with the mongrels -- and you get. . . fleas. Take heed those of you who think the mid-terms are going to help MAGA/Tangerine/Musk. Don't bet on it.

They aren't smart enough to avoid. . . being indicted, even. Again.

Hilarious. Out -- with high praise for the good people of Wisconsin who will not be fooled -- or bribed, it seems. And so ends. . . the "bromance".

नमस्ते

A Unanimous Supreme Court Delivers A Sharp Rebuke To The MAGA / Activist Wing In The Fifth Circuit... AGAIN -- On Vape Products.

We haven't mentioned this case before, but the activist/"rad" right Texas/Louisiana wing of the Fifth Circuit had ruled against the FDA -- despite a clear statutory command, of long-standing -- purportedly for not approving a certain novel brand of e-cigarette, or vape. In doing so, it went well-beyond the decision in the Texas trial court below, and ignored copious evidence that FDA had solid scientific bases for the decisions it made. [And an ADA challenge brought years later would not be the appropriate vehicle to complain about the FDA ruling, in any event.]

So, this morning, as expected, the Supremes reaffirmed FDA's primacy, when looking at novel devices that directly impact human health.

What is a little unexpected is that all NINE Justices agree that this is a central function of FDA. Even Thomas and Alito.

Here's the opinion, and a bit:

. . .The FDA has long had the responsibility to determine whether manufacturers may market new drugs, but it was the passage of the Family Smoking Prevention and Tobacco Control Act of 2009 (TCA) that first gave the FDA broad jurisdiction to regulate tobacco products.

Although the Act barred the FDA from banning all regulated tobacco products outright, see 21 U. S. C. §387g(d)(3), it prohibited a manufacturer from marketing any “new tobacco product” without FDA authorization, see §387j(a)(2)(A). One pathway to authorization of a “new tobacco product” is the submission of a premarket tobacco product application. See §387j(c)(1)(A)(i). The TCA requires the FDA to deny such an application unless an applicant shows that its product “would be appropriate for the protection of the public health.” §387j(c)(2)(A). . . .

That is. . . game over. Onward -- on a soggy gray day, here. Resolute -- just the same.

नमस्ते

Also Courtesy Anon., Here Is A Still-Evolving List, On The Tangerine/Musk 2025 RIF/Cuts Across HHS/NIH/CDC/NIOSH, Etc...

We are deeply indebted to the courage of the people curating and adding to this list.

From time to time, we may post updated versions of it. If you look in the comments to the immediately previous post, you can go directly to the as-updated url. Here's the awful news:

. . .This is a running list including information shared from employees across HHS. 

Have something to add? Message marisakabas.04 on Signal or email MKwrites4000@proton.me

Centers for Disease Control (CDC):

National Center for Chronic Disease Prevention and Health Promotion (NCCDPHP)

 Karen Hacker, Center Director - reassigned
Division of Reproductive Health/FSB (Field Support Branch)
Division of Population Health
BCSB
Epi branch
Office of Smoking and Health
Division of Oral Health
Translation Branch

National Center for HIV, Viral Hepatitis, STD, and Tuberculosis Prevention (NCHHSTP)

Jono Mermin, Center Director - reassigned/admin leave
Division of TB Elimination
Communication, Education, and Behavioral Studies Branch
Division of Viral Hepatitis
Lab
Division of STD Prevention
Lab
Disease Intervention and Response Branch
Division of HIV Prevention
Prevention Communication Branch
Division of Behavioral & Clinical Surveillance Branch
Capacity Development Branch
Qualitative Sciences Branch
HIV Research Branch
GHC

Kayla Laserson, Center Director - reassigned
Division of Global HIV and TB
SPIN (Special Initiatives Branch)
All Detailees to State/GHSD riffed
SPC: Strategic Policy and Communications Branch
PBEMB (Program Budget and Extramural Management Branch)
MCHB (Maternal and Child Health Branch) - Division of Home Visiting and Early Childhood Systems, Associate Administrator Michael Warren
HIDMSB (Health Informatics, Data Management and Statistics Branch)
EHSRB (Economics and Health Services Research Branch)
SIB: Scientific Integrity Branch


NCEH

Division of Environmental Health Science and Practice (DEHSP) entire division
Asthma and Air Quality Branch
Childhood Lead Poisoning Prevention
Emerging Environmental Hazards and Health Effects Branch (includes radiation program)
Environmental Public Health Tracking Branch
Water, food and EH services branch
The Climate and Health Program was in the division OD
Division OD is gone (comms, policy, management)

NCIRD

Immunization Services Division (ISD)/Partnerships Branch

National Institute for Occupational Safety and Health (NIOSH) – all of NIOSH except World Trade Center and DCAS

Miner safety
Health effects lab division
Respiratory health division
National Personal Protective Technology Lab (PPE)
NIOSH Office of the director
Office of extramural coordination
Office of DDMOCP
Human capital management office
Facilities management office
Fiscal resources management office
IT
Policy planning and evaluation
Division of science integration
Education and information division
Information resources branch
Science application branch
Social science and translation
Training research and evaluation
Risk evaluation branch
Emerging technologies branch
Office for Agriculture Safety and Health
Center for Maritime Safety and Health Studies
Western States Division
National Center for birth defects and developmental disabilities (NCBDDD)

Office of the Director
Disability Health
Division of Blood Disorders and Public Health Genomics
Division of Human Development and Disability (one Branch, not certain which one)
NCIPC

 Division of Violence
Prevention (except for surveillance branch)
Division of Injury Prevention (except for suicide prevention)
Office of Informatics

IOD

Office of Health Equity (All: OD, Office of Women's Health, Office of Minority Health)
Office of Equal Employment Opportunity (EEO)
CDC Office of Communications

Media Office
Digital (web, social/content engagement, CDC-INFO, visual design/graphics, enterprise technology branch)
Broadcast

OCOO

Freedom of Information Act Office (FOIA) - entire office
OCIO - Chief Information Officer (reassignment), customer engagement office, digital services office
OFR Office of Acquisition Services (only OD remains)
OHR (in and out processing, transformation activity, CareerReady, human capital workforce solutions, performance management, training and development, hiring policy and quality review, executive services/ESRO, comms, data analytic sand technology, and more)
CFA

Dylan George, Center Director - reassigned
Technology Branch
NCHS

Office of Informatics, Governance, and Assurance
OLSR

National Laboratory Response - one staff member impacted
NCEZID

Seth Kroop, DDMOCP - reassigned
OPHDST

Sue Lin, DDMOCP - reassigned
CDC Washington

Jeff Reczek, Director - reassigned

Administration for Children and Families (ACF)

• Communications

• GCS/procurement

• SSBG

• LIHEAP

• Office of regional operations- NYC, Chicago, Boston, Seattle/SF

• Family & Youth Services Bureau (FYSB)


NIH Office of Science Policy

• Division of Clinical and Healthcare Research Policy


Office of the Assistant Secretary for Planning and Evaluation (ASPE)

• Health Care Financing and Public Health divisions within Health Policy

• Data and Technical Analysis division within Human Services Policy

• Office of Science and Data Policy

• Office of Planning and Policy Support

HRSA, Maternal and Child Health Bureau (MCHB)

-Division of state and community health (DSCH) Eastern branch

-Office of strategy, innovation and external affairs

-Office of Communications at the agency level

-Program Coordination Branch, Division of Women's Health

-Office of Special Health Initiatives

-Bureau of Primary Healthcare


FDA:


Center for Tobacco Products:

-Office of Management

-Office of Health Communication and Education

-Office of Regulations

-Office of Compliance and Enforcement

-Division of External Programs and -Resource Management

-Division of Business Operations


Office of the Commissioner:

-Office of Digital Transformation

-FDA Library

-Office of Minority Health


Vaccines and Related Biological Products Advisory Committee (VRBPAC)


Agency for Healthcare Research and Quality

-Health Services & Value Research


Office of Science

-Director Matthew Farrelly

-Deputy Director Todd Cecil

-Center Director Brian King


Center for Veterinary Medicine

-Office of the Director

Office of Management


Office of investigation and inspection (OII)

-Office of management


NIH/NIAID:


NIAID Office of the Director

-Only Dr. Jeanne Marrazzo (Director)


Office of Administrative Services (OAS)        

-Office of Property and General Services (OPGS)        


Office of Administrative Services (OAS)        

-Human Capital Branch (HCB)        


Office of Communications and Government Relations (OCGR)

-Legislative Affairs and Correspondence Management Branch (LACMB)        


Office of Communications and Government Relations (OCGR)        

-New Media and Web Policy Branch (NMWPB)        


Office of Communications and Government Relations (OCGR)        

-News and Science Writing Branch (NSWB)        


Office of Communications and Government Relations (OCGR)        

-Communications Services Branch (CSB)        


Office of Workforce Effectiveness and Resources (OWER)        Workforce Planning and Analysis Branch (WAPB)        

-Possibly all of the division


Division of AIDS (DAIDS)        

-Workforce Operations, Communications, and Reporting Branch (WOCRB)        


Division of Microbiology and Infectious Diseases (DMID)

-Dr. Emily Erbelding (director) so far, maybe more


Division of Extramural Activities (DEA)        

-Office of Acquisitions (OA)        

-Office of Knowledge and Educational Resources (OKER)


National Institute on Aging (NIA)

-Office of Communications and Public Liaison

-All leadership at NIA scientific director Luigi Ferrucci


National Center for Toxicological Research

-Office of Management


Department of Clinical Bioethics

-Christine Grady, Director


National Institute on Drug Abuse

-Office of Acquisition (OA)

-Office of Science Policy and Communication (OSPC)


Center for Drug Evaluation and Research (CDER)

-DDI gone except PHS (15-20)

-Call center phones off

-Most of ORP gone

-Most of OCOMM gone

-Cutting 39% of contract

-External and media affairs

OMQ policy

-Most of OSP




Substance Abuse and Mental Health Services Administration (SAMHSA)

-Legislative affairs team

-National Mental Health and Substance Use Policy Laboratory

-Office of Minority Health

-Center for Behavioral Health Statistics and Quality (CBHSQ)

-Office of Population Surveys and Office of Treatment Services



 Agency for Healthcare Research and Quality (AHRQ):


-Office of the Director (except Acting Director)

-Staff from Office of Commissioner

-Office of Extramural Research, Education, and Priority Populations (OEREP)

-Division of Priority Populations (DPP) and Division of Scientific Review (DSR)

-Office of Management Services. . . .

Now you know. What an absolute disaster this will turn out to be. Count on that, for our nation. Damnation.

नमस्ते

Tangent: Goldman Sees Japanese Yen At $140; Hedge Against US Tariff Lunacy.

As the lunacy that is Tangerine 2.0’s Tariff-Pa-Looza rumbles through another head-fake / iteration / propaganda cycle, the esteemed firm of Goldman Sachs is recommending that savvy investors hedge their currency bets — by going long in the Japanese Yen.

The firm recommends selling Bitcoin and/or US dollars, in order to overweight toward the Yen.

I will simply chuckle at the idea that Trump thinks this is America first, when he damages the strength of the dollar as the global reserve currency. . . and point out that if nothing else, Bitcoin will never be a hedge against lunatic economic policies like these.

Bitcoin has had its worst quarter in over three years, due to Trumpian fecklessness.

So yes, I expect that Riot will also be six or below in the next couple of weeks.

Now you know. Be careful out there.

नमस्ते

The Able USDC Judge In Newark Will Wait Just One More Day, To Hear "One Paragraph" Of A View From Noem -- As To Appealability -- But Mr. Khalil Is Likely Coming Back East...

We have a very satisfactory 67 page answer, tonight -- but ever cautious, the court asks whether Tangerine 2.0 lawyers intend to appeal the order allowing the habeas proceedings in New Jersey.

The able USDC Judge has ruled that venue is proper in New Jersey, given Ms. Noem's immediate, and blatant, attempts to hide him away from his lawyers, in a private prison in rural Jena, Louisiana. But he will wait until tomorrow afternoon to think through appealbility issues.

Here's the excellent, plain-English 67 page opinion -- and the more salient bits:

. . .A lawful permanent resident was detained, and filed a habeas corpus petition seeking his release.

The respondents, various federal officials, have moved to dismiss, arguing the Court does not have jurisdiction.

The motion to dismiss is denied. . . .

[Team Tangerine 2.0/Noem's] New Jersey–focused immediate custodian argument is not persuasive. The Petitioner did not name as a respondent his immediate New Jersey custodian. But he did not need to. That custodian was not only unknown to the Petitioner’s lawyer, but virtually unknowable to her. And so the Petition could clear the bar by doing what it did --- naming the Petitioner’s ultimate custodian [Kristi Noem], the Secretary of Homeland Security. . . .

[A]pplying the unknown custodian exception in this case is in the interest of the equitable concerns that the Supreme Court has long invoked in habeas law. . . .

Now you know. Not even a $50,000 gold tank / diamond encrusted Rolex. . . will deliver to Ms. Noem the "time" she wants, in dank Jena, Louisiana now. She must play by the rules Judge Bork (yes, that guy!) interpreted / announced nearly four decades ago. Welcome to the real world, Kristi -- the privileges of your old governor's mansion lie. . . a long stretch -- from here, in bustling Newark.

नमस्ते

Deplorable: HHS/NIH Staff Being Let Go This Morning... Altogether, Over 10,000 Health Care and Science Related Professionals Being RIF-ed. Damn.

This is thanks to our fine anonymous commenters.

See below. I have very few words left -- except that (again!) we will all reap the whirlwind for this (and undoubtedly many will ultimately be reinstated, with all back and front pay):

. . .RIFs happening now. Across HHS. Long lines of staff waiting at doors to building. Supervisors meeting staff with folders for RIF. Those who are RIFFEd are escorted to desk and given box to move out. . . .

This is deeply idiotic -- and dangerous to the nation's health care. The chaos is the point -- and it will last for a good while. Do know that our thoughts and meditations are with you -- as are our. . . federal lawsuits.

नमस्ते

In The Supremes: TRO In Class Action, For People Snatched Away Without Due Process, And Sent To Notorious El Salvador Prison... The Plaintiffs Explain Their Case.

The plaintiffs are defending the nationwide TRO already entered in DC -- one that Tangerine/Noem has improperly taken up with the Supremes this week. TEMPORARY orders (i.e., TROs) cannot be appealed to the Supremes, as they are not "final" orders. Pretty simple.

And now even Noem is admitting that in several cases, including one infamous one out of Maryland, she let her goons grab US citizens without process, at all -- and it turns out they are not even Venezuelans, let alone gang members. She did so based on clothing and tattoos -- not any form of real police work. The government is going to end up paying tens of millions of dollars to these people wrongfully detained, and deported to brutal prisons -- even temporarily. That's... just disgusting. Here's the case, as stated by the plaintiffs to Chief Justice Roberts this very morning:

. . .The government has not satisfied its exceedingly high burden to warrant the extraordinary relief it seeks: vacating unappealable Temporary Restraining Orders ("TROs") that merely preserve the status quo while a pending preliminary injunction motion is decided on an expedited basis (with a hearing on April 8). The TRO does not order anyone's release, nor does it prevent the government from carrying out regular removals under the Immigration and Nationality Act ("INA").

Indeed, the government has apparently been removing individuals it contends are members of the Tren de Aragua gang, using regular immigration procedures, since the TRO went into effect. See Sec'y of State Marco Rubio, X (Mar: 31, 2025, 8:25 AM ET), https://perma.cc/CE6C-ZMDM. Under the circumstances, the court of appeals correctly concluded that the government will suffer no irreparable harm in the short term. In contrast, without the TRO, Plaintiffs will suffer extraordinary and irreparable harms -- being sent out of the United States to a notorious Salvadoran prison, where they will remain incommunicado, potentially for the rest of their lives, without having had any opportunity to contest their designation as gang members. See App. 27a-28a (Henderson, J., concurring) ("The Executive's burdens are comparatively modest compared to the plaintiffs'."); id. at 68a-70a (Millett, J., concurring) "the injury to the Plaintiffs is great and truly irreparable"); id. at 129a-130a (Boasberg, J.) (plaintiffs face "a high likelihood of suffering significant harm").

The government cannot explain why the equities are in its favor, particularly since it (now) concedes that individuals are entitled to contest their designation (which is all the district court has thus far held). It argues only that this case should have been brought in habeas, and disputes whether venue is proper in the District of Columbia. . . .

This is a dark time -- driven only by irrational, hateful fear on the part of Trump, Stephen Miller and Kristi Noem. What a pack of malign sociopaths. Onward, resolutely. The plaintiffs will win out here. Count on that. And we as taxpayers will foot the bill for these crooks in office -- to pay damages in compensation for their deprivation of Constitutional rights. Out.

नमस्ते

Good News: The Mpox Vax Can Now Be Shipped In Freeze-Dried Powder Form -- But Spread Continues... Next Pandemic, Ahead?

It seems that unlike prior (pre-2022) outbreaks -- when the virus mostly skipped solely from animals to a very contained number of humans, Mpox Clade 1b is increasingly like an STD -- transfered over and over, by intimate contact -- human to human. And with sex workers and their clients both regularly transversing the world, this is a particularly fraught population within which to fight such a contagious viral infection reservoir.

And while being able to transport the powdered vaccine stock overland (in the resulting high temperatures) is a vast leap forward, the public education issues are daunting -- doubly so, with Tangerine/Musk ending USAID on these dimensions. Malnourished children in Africa are at very high risk as well, due to weakened immune systems. Here's the latest, with SciTech Daily summarizing a Nature.com letter:

. . .Researchers are also concerned because clade I viruses are thought to be more aggressive. These viruses appear to be accumulating specific genetic mutations – driven by enzymes in the human body – that may be changing viral properties, so the longer these viruses circulate amongst us, the higher the chances these mutations help mpox adapt to humans.

Although mpox was once mainly seen in Central Africa, the virus caused an outbreak worldwide in 2022 and is now causing outbreaks in multiple sub-Saharan countries. While it currently affects adults the most, the researchers stress that it has the potential to spread among other groups, including children, a group at greater risk of serious illness. . . .

Unlike smallpox, mpox has an animal reservoir, meaning it can’t be fully eradicated. The authors warn that unless international action is taken now – including investment in point-of-care testing and new treatments – mpox will continue to re-emerge and threaten global health. . . .

Now you know -- and onward, to go vote in the primaries, locally. Smile.

नमस्ते

Well. For Only The Fourth Time -- In 16 Years -- I've Beaten Mr. Obama.

And if UCLA can win out in the women's brackets -- it will be the first time I've ever beaten him in both the men's and women's.

No matter how the final four in the men's breaks, now -- I will win by at least 11 points, and three games -- over his picks. All four of my final four picks are still dancing -- but both of us have Duke to win it all, so he can't catch me.

And on the women's side, UCLA is playing very well -- and is likely to take it all -- so I may well win out there as well. But he can still beat me, if South Carolina were to win it all.

Now we wait -- and watch. Onward, smiling. Be excellent to one another. [Today, Tangerine is talking nonsense about a delusional third term. It is all strictly for the chaos value. No sane person will allow that -- not without a Constitutional amendment. Read: no way, meet no how.]

नमस्ते

Irony Alert! In New Jersey, Tangerine/Noem Lawyers Seek A Two Day Extension On Filing Papers... Because They Had To Travel From DC To NJ -- By Car(!?)

I. Cannot. Even.

You may think this trivial, but on Friday afternoon, the Kristi Noem lawyers sought a two day delay in deadlines -- whilst their client holds the petitioner, Mr. Khalil, in a privately-owned, privately-funded (but government contract beneficiary) prison -- in deeply rural LOUISIANA. They whined on and on, about the difficulty of having to drive up from the DC Beltway, to Newark -- and said that they lost over a half day of. . . work time. R-iiiiii-ght. [Ever heard of the. . . choo choo?! "You can keep working, while the miles, and two hours. . . melt away." Ugh.]

Now do recall though, that these same people had Mr. Khalil yanked out of Manhattan, and into Elizabeth, New Jersey, in the dead of night -- and then flown to Louisiana without telling his lawyers. AND... these same lawyers seek to move all the proceedings to... Baton Rogue.

They are willing to "give" Mr. Khalil's counsel an extra day or two to reply to their latest BS, since they want to delay showing their own cards. But seriously -- here's a crazy idea: why (if these logistics are vexing) wouldn't Kristi Noem have him moved to DC -- make it all "local"?

Almost comically, the as filed two-page letter is riddled with typos and sentence fragments -- claiming that "some OIL members experienced a widespread IT issue that left some team members." That's where this particular nonsense non-sentence ends. "Left" some members. . . what? How? Where? When?

As it is, she wants Mr. Khalil's NYC based counsel to rent hotel rooms for a few weeks in Louisiana, along with her lawyers doing the damn same?!? So much for government efficiency. Yes, a fairly small matter in the grand scheme of Tangerine's lawlessness -- and Noem's -- but there is zero chance that a green card holding Columbia U. grad student is a danger to this nation. Zero. This is simply abuse of process.

नमस्ते

[U: Video Now @ 38 Minutes...] Rocketry Is... Hard: Isar Aerospace's Spectrum Explodes 38 Seconds After Launch In Norway...

Well. . . the challenges are manifold. We all know that.

They will try again. Here's CBS on it all:

. . .A test rocket aimed at building the ability to launch satellites from Europe exploded about 40 seconds after takeoff from a Norwegian spaceport on Sunday.

The unmanned Spectrum rocket, an orbital rocket developed by German start-up Isar Aerospace, started smoking from its sides and then crashed back to Earth with a powerful explosion after launching from Norway's Andoya Spaceport in the Arctic.

Daniel Metzler, Isar's chief executive and co-founder, said in a news release "We had a clean liftoff, 30 seconds of flight and even got to validate our Flight Termination System. . . ."

Spectrum's blast-off was the first of an orbital launch vehicle from the European continent, excluding Russia, and Europe's first financed almost exclusively by the private sector. . . .

Now you know. Kinda' like. . . "Death of a Unicorn" yesterday. Hah -- see below -- updated, at 38 minutes in:



नमस्ते

So, Kids With Measles In West Texas Are Presenting With Vitamin A Toxicity -- In Their Livers...?!

This is. . . simply hard to fathom: in 2025, kids in dusty West Texas, already sick with measles (a vaccine-preventable affliction) are showing up at hospitals with. . . liver damage -- due to Vitamin A toxicity (overdosing on Vitamin A) -- all due to HHS Sec'y. RFK, Jr.'s wildly irresponsible and dangerous exhortations. Vitamin A will not cure or prevent measles. But too much of it will damage these kids' livers -- for life. Surreal.

Holy cow. Thank you Dr. Marks for speaking up. All real bioscience professionals must speak out against this lethal lunacy. Here's all of that, via NBCNews.com -- just deplorable:

. . .Dr. Peter Marks, the Food and Drug Administration’s top vaccine regulator, has resigned, an official at the Department of Health and Human Services said Friday. . . .

In a resignation letter to acting FDA Commissioner Sara Brenner, Dr. Marks wrote that undermining confidence in vaccines is “irresponsible, detrimental to public health, and a clear danger to our nation’s health, safety, and security. . . .

It has become clear that truth and transparency are not desired by the secretary, but rather he wishes subservient confirmation of his misinformation and lies. . . .”

Disgusting.

Still, onward resolutely, to "Death of A Unicorn" (with my girl, Jenna Ortega) -- this afternoon, and NCAA tonight -- I'm one game up on Mr. Obama in the men's and we are tied in the women's at the moment -- but it will certainly be different, now -- by Monday night.



नमस्ते

End Of March Check In: On Amazon -- And The Manifold Abuses -- Of Its Laborers... An Ongoing Series.

Not at all surprising, given what we already knew about the way Amazon monitors every motion; every moment and every footstep of its employees and drivers, both on and off- premises. . . 24/7/365. But it is still. . . deplorable.

This latest study, out of my own home-town university. . . makes plain why Bezos does it: because it is highly effective at breaking worker solidarity. And thus, effective at defeating union organizing campaigns. Here's the latest, out of data from the Alabama union drives:

. . .A new paper on Amazon’s anti-union efforts at its Bessemer, Alabama, warehouse is the first academic study to examine the ways Amazon has leveraged algorithms to crush pro-union movements inside one of its sprawling warehouses. The study, published by researcher Teke Wiggin of Northwestern University, was compiled using dozens of worker interviews and FOIA requests to the National Labor Relations Board.

Ultimately, the 2021 union vote in Bessemer ended with workers voting against joining the Retail, Wholesale and Department Store Union (RWDSU) by a count of 1,798 to 738 out of 5,867 workers eligible to vote, proving that the sprawling surveillance and discipline system is highly effective.

Since the 2021 election, Amazon has been ordered to hold two more elections at the plant. However, the company has proved exceptionally deft at thrashing worker organizing with both old-school and cutting-edge technologies. The modern tactics detailed by Wiggin include leveraging algorithmic discipline on worker devices, algorithmic slack-cutting or “electronic whipping,” in which algorithms rapidly alter quotas and rules, mobile device spamming, and social media monitoring. . . .

Now you know. Onward -- but it cannot break my positive ju-ju mood, as I'm out for a ride to/by the lake, and fresh hot fish tacos from a sublime local truck / vendor! Smile.

Be excellent to one another and root for Michigan tonight to pull an upset, so I might best Mr. Obama. . . we are essentially tied at the moment in the men's, but he is up two games on me, in the women's brackets. Much more once Sweet 16 weekend is in the books! Yup.

नमस्ते

Now The Weekly Status Reports Begin -- To Stop Musk/Trump Foot-Draggin' -- On USAID Payment Streams, During The Litigation...

As previously ordered here, the reports on restarted payments are now appearing in the DC courtroom of the able USDC Judge Amir Ali.

Here's the latest -- but I expect this will be "not enough" for Judge Ali. We shall see:

. . .As of yesterday, the total number of such payments by Defendants to Plaintiffs processed since March 18, 2025 was 161, and the total number of such payments by Defendants to non-Plaintiffs processed since March 18, 2025 was 5,690. In sum, [Trumpian] Defendants have therefore processed 5,851 payments between March 18 and March 26, which amounts to approximately 975 payments per business day. . . .

Defendants’ intention has been to prioritize payments to Plaintiffs. The remaining payments to Plaintiffs have presented particular challenges [Editor's note: this is likely BS] precluding faster processing: More time has been necessary to process the remaining payments to Plaintiffs than Defendants estimated in the March 19, 2025 status report because agency personnel are working with funding recipients to address transaction-specific details (such as duplicate invoice submissions, billing errors, and the need to confirm that goods or services were delivered or rendered).

Accordingly, Defendants’ proposed timeline for processing the remaining payments is as follows: Defendants expect to process the remaining payments to Plaintiffs by April 10, 2025, and the remaining payments by the last week of April 2025. . . .

The last two paragraphs above are at best. . . gilding the lily. Hopefully Judge Amir will order that the remaining overdue amounts are cleared before April 15, and all ongoing payment streams are back to normal before April 20. We shall see.

नमस्ते

And Once Again, Trump Thinks He Can Jack Up Auto-Parts Tariffs Anew, Then "Order" US Automakers To NOT Raise Prices?!

Ahem. Once again, about a month later. . .

You might think it an Onion headline -- but no, it is the capitalists' paper of record.

The WSJ. And the NYT. Crazy.

Both are reporting that Trump is this morning threatening US automakers, immediately after he personally raised their cost of goods sold by an additional 25%. . . to NOT pass along the cost increases.

Someone should tell him how Nixon's wage and price controls worked out. [They didn't.]

And here's a novel concept: if as preznit, you don't want base-model US pickup trucks to cost north of $110,000, at the dealership. . . ROLL BACK YOUR STUPID A$$ TARIFFS on parts coming across the border from Mexico and Canada.

Damn.

This is simply. . . a clown show now. And to be clear, the preszit (after Reagan era legislation) is largely forbidden from setting prices (or wages) in any retail US market.

So the automakers ought to give him exactly what his Nineteenth Century bass-ackwards tariff policies contemplate: ~$110,000 per base model US pickup truck -- at the dealership, to Joe Sixpack.

It would be hilarious. . . if it wasn't so tragically. . . sad. He's a loon.

नमस्ते

In Which Tangerine 2.0 Argues There Can Be "No Consequences" For Filing Knowingly False Sworn Pleadings -- By Agency Heads Like Ezell...?!

Perhaps recognizing that a deposition in the case before USDC Judge Alsup in SF. . . will lead inexorably to perjury charges -- or at least, civil contempt citations in federal court, overnight Team Tangerine asserted the astonishing position that Trump's agency heads are too busy and too important to be bothered with having to tell the truth in court. Damn.

You will recall that the able USDC Judge Alsup called Charles Ezell out personally in a hearing last month, for making false statements under oath in a sworn affidavit the government filed. Once caught, the lawyers for Tangerine simply withdrew his sworn statement, and refused to make him available to the Judge -- to explain why he swore to matters that he had to know were false -- including claiming he was on a call he never attended -- and he knew when he signed the affidavit that what was purportedly said on that supposed call. . . was a lie.

Quite rightly, we the people expect of our federal law administering employees (since we pay their salaries, afterall) that they will tell the truth in court. That is how we come to trust that our government works for us, not against us. The idea that Trump/Musk can just wave its hands and say "never mind!" -- ask this other guy instead of Ezell and all is healed. . . is frankly. . . preposterous.

But that is what they said in SF overnight. I will only quote the smallest bit of it, to give you a flavor. These jamokes are absolutely. . . shameless:

. . .Defendants have now withdrawn that TRO-opposition declaration and will not otherwise rely on Acting Director Ezell’s testimony in this litigation, given the Court’s concerns with allowing a party to submit declaration testimony that is not subject to cross-examination.

In sum, Mr. Ezell’s deposition should be precluded because he is a high-level official whose testimony would detract from the performance of his official duties and because there are no extraordinary circumstances present warranting his deposition.

If the Court denies a protective order, the government will consider filing a petition for a writ of mandamus in the U.S. Court of Appeals for the Ninth Circuit. Defendants respectfully request that, if the Court denies a protective order, the Court order the deposition delayed at least two weeks to give the government time to consider whether to seek such relief. Furthermore, if the government were to file a mandamus petition, the deposition should be stayed until the court of appeals rules on that petition. . . .

Sheesh! Now you know. Onward, smiling just the same -- with a bike ride to get hot fish tacos tonight -- by the lake, as it warms up here, with my baby girl!

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Merck’s 12 Year Patent Reissue Period Upheld On Appeal — For Bridion®

We have followed sugammadex for about 17 years now -- first at old SGP under Fast Fred Hassan, and later at Merck. The blockade candidate saw over 12 years shaved from its US patent/market exclusivity period via multiple "do over" FDA reviews (the companies' own fault -- for presenting inadequate data from poorly designed studies).

Now a court of appeal has held Merck may "reclaim" that lost time / revenue, under Hatch-Waxman. Here's that bit, from the National Law Review:

. . .Merck owns a patent that is directed to a class of 6-mercapto-cyclodextrin derivatives. Four months after the patent issued, Merck applied to the US Food & Drug Administration (FDA) for approval of sugammadex, which it intended to market as Bridion®. During FDA’s review of Merck’s new drug application (NDA), Merck filed a reissue application that included narrower claims. The reissue application issued and included all the original claims and 12 additional claims. FDA regulatory review continued throughout the examination of the reissue application and extended almost two years beyond the date the patent reissued. In all, the FDA regulatory review lasted nearly 12 years. . . .

To be sure, this is a multi-billion dollar win for Merck. Onward.

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[U: Now March 30 -- Wind Restrictions.] Isar's Spectrum Rocket May Now Launch From Norway, Saturday Morning Eastern Time...

Hopefully the winds will stay calm through early Saturday morning in the northern latitudes around Andøya, Norway.

We shall see, but here is the newly revised time-line/launch window from the privately-funded rocketeer:

. . .Isar Aerospace, based near Munich, Germany, is scheduled to make the first-ever launch attempt of its Spectrum two-stage rocket no earlier than Saturday, March 29, at 11:30 UTC from the Orbital Launch Pad at the Andøya Space Center in Norway. An earlier attempt on Monday, March 24 was scrubbed due to high winds.

Isar is targeting the beginning of a three-hour window that ends at 14:30 UTC. . . .

The Spectrum rocket will be flying on a northwest trajectory over the Norwegian Sea, which would take any payload into a retrograde orbit, although no customer payloads are on board this flight. Andøya, at 69 degrees North latitude and above the Arctic Circle, is one of the most northerly rocket launch sites in the world and can support orbital inclinations between 90 and 110.6 degrees. Andøya is planned to support up to 30 orbital launches per year. . . .

Now you know. Smiling, onward.

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OMB Gets "No Stay" In First Circuit -- Tangerine 2.0 Loses Again! Rhode Island Injunction Continues ("Freeze Stays Frozen") Against OMB/DOGE Actions...

Again. . . these guys couldn't do a much worse job of changing government mechanisms. . . if they tried their best to do so.

They are just so fecklessly incompetent -- and malignant -- that the whole thing has become a sad farce. Here's the First Circuit's 48 page slapdown of today, and a bit:

. . .OMB circulated a document to federal agencies entitled "Instructions for Federal Financial Assistance Program Analysis in Support of M-25-13" ("OMB Spreadsheet"). It "required" "[a]ll Federal agencies that provide Federal financial assistance. . . to complete the attached spreadsheet and submit it to OMB" by February 7, 2025. The spreadsheet listed over 2,500 federal funding lines, including for programs that the OMB Q&A explicitly stated were excluded from the pause, the Head Start program being one example. . . .

[T]he Plaintiff-States alleged that they receive significant amounts of federal funds to provide essential services to their residents. They further alleged that the Agency Defendants' implementation of the OMB Directive, by resulting in the withholding of these funds and providing them with less than twenty-four hours' notice of doing so, would interfere with their ability to provide such services. They alleged, too, that the tight time frame for the OMB Directive's implementation and the last-minute notice of it "compounded the[ir] injuries" because they could neither "prepare for or mitigate" the fiscal impact nor effectively plan for any future or downstream fiscal effects. . . .

[D]espite bearing a "strong showing" burden under Nken's first factor, the [Trumpian] Defendants make no clear or developed argument to us that the District Court abused its discretion in relying on that record to apply the preliminary injunction to such freezes. We thus conclude that, as to this aspect of their motion for the stay, the Defendants also have failed to make a strong showing of their likelihood of success on the merits. . . .

So. . . it is like. . . 82-3 against Tangerine 2.0. Hilarious.

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CREW Files Its First Expedited Discovery Request, In DC -- Of Elon Musk And DOGE. And It's A Banger!

This will be very enlightening.

This also "drags back in" the breaches of employment terms Elon Musk allegedly committed when he fired all those X-itter workers two years ago (as he bought it, and rebranded Twitter as. . . X-itter). Obviously, he's using the exact same playbook here, is the allegation (see the last several pages of this attachment -- at pages 10, 11 and 12 -- to the discovery motion).

. . .All documents, including responses, produced in response to Plaintiff States’ First Set of Written Discovery in New Mexico v. Musk, No. 1:25-cv-429 (D.D.C. filed February 13, 2025), and the consolidated case Japanese American Citizens League v. Musk, 1:25-cv-643 (D.D.C. filed Mar. 5, 2025), including copies of Defendants’ answers to all requests for production, interrogatories, and requests for admission, including objections, as well as any exhibits, attachments, logs, files, or other things produced in response to Plaintiff States’ requests in that case, as well as any deposition transcripts produced. . . .

Plaintiff also seeks a deposition of DOGE under Fed. R. Civ. P. 30(b)(6) on the following topics:

. . .Describe all instances in which any DOGE employee told an employee of a federal agency that the DOGE employee would or could call law enforcement in response to the other employee’s conduct, including who made such statement, the federal agency and conduct of the federal agency employee at issue, the law enforcement entity referenced, and, if the law enforcement was called, who made the call and law enforcement’s response. . . .

Identify whether any DOGE employee or DOGE Team member has used or presently uses non-official messaging systems or applications with auto-delete functionality, including but not limited to Signal, to conduct government business [in violation of federal record-keeping laws; and identify. . .]

DOGE’s establishment, mission, responsibilities, personnel, leadership structure, authorities, and decision-making and reporting structure (including the relationship of DOGE to DOGE Teams and DOGE employees detailed to or otherwise working at or with federal agencies and the relationship of DOGE Teams to federal agencies) between January 20, 2025 and the date of deposition.

The scope of DOGE’s and DOGE Teams’ authority with regard to federal agencies, and actions DOGE or DOGE Teams have actually undertaken with regard to federal agencies, between January 20, 2025 and the date of deposition.

The role and responsibilities of all DOGE employees detailed to or otherwise working at or with federal agencies, or having supervisory authority over DOGE employees detailed to or otherwise working at or with federal agencies, between January 20, 2025 and the date of deposition, including their titles at DOGE and any federal government entity; their responsibilities at federal agencies, DOGE, and any other federal government entities to which they have been detailed and/or otherwise assigned; their authority with regard to other federal agency staff; the supervision of said DOGE employees; and the policies, procedures, and protocols pertaining to their detailing to and activities at other federal agencies.

DOGE’s budget, resources, funding, and expenditure of federal funds.

DOGE’s recordkeeping and retention policies and practices. . . .

Yep -- these jamokes are in for a rough ride. Just as it ought to be. Onward.

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