Thursday, July 19, 2018

More Tomorrow -- But Here Is Where We Stand: Status At 07.19.2018...


Chad Readler and Donald Trump have -- as of end of day Pacific -- still failed to provide the detailed listing of each parent (and child) as to which the government contends it need not reunify them. The lists (both for those under 5, and those age 5 to 17) were ordered to be prepared in sufficient detail, to allow the lawyers for Ms. L., Ms. Flores, the ACLU and La Raza (and other pro bono providers) to meaningfully evaluate and challenge (where warranted) the government's assertion that the parents being deported without their children pose a risk to the child, themselves, or society at large.

In most cases (it seems, though we cannot really tell -- due to the Trump administration's failure to so comply), the government claims felonies are the disqualifying event -- but has not detailed with specificity what each potential deportee is alleged to have done, to be disqualified for reunification and/or release into the interior, pending a hearing on a claim of asylum.

This has to be profoundly frustrating to the able federal District Court judges, as it is now clear none of this data was collated and organized, as over 2,500 people were having their children wrenched from their arms.

It is clear to me at least -- not just that the process was wholly-incompetent -- but more likely the government never intended to reunify, and planned to disappear them all -- in one way or another -- by summarily dumping on the Mexican side of the border.

I actually do not think Trump is competent enough to have blown up all this Russian fealty and ring-kissing this week, to purposely, planfully distract (in advance) from the horrific situation he had unlawfully placed these families in. No -- I think both the Russian madness, and this. . . they are simply the result of a wildly evil and inept bunch of below average people -- on all dimensions. Here is a bit from the nine page status report and request, which I think Judge Sabraw is likely to enter as an order -- as early as tomorrow afternoon:

. . .By July 20 at 5:00pm PST, Defendants must provide a list of Class Members in ICE custody who have final removal orders. The list must indicate whether the parent signed any election form to be removed with or without the child. For parents who elected to be removed with the child, the list must state the location where the family will be reunited. . . .

By July 21, Defendants must provide a list of Class Members who have been deported or released from DHS custody into the interior. . . .

Defendants must immediately file a plan for reuniting children with the Class Members who have been released from ICE custody. This plan should provide the same level of detail as Defendants’ July 15 plan for reuniting parents who are in ICE custody. . . .

By July 23, Defendants must provide a list of families with children age 5-17 who have already been reunified. The list must indicate whether the family was deported after being reunified. . . .

By July 23, Defendants must provide detailed and specific information as to why each putative Class Member with children under 5 was excluded based on criminal history, allegations of abuse or neglect, or parentage, given the age of these children. This information must be sufficiently detailed to allow Plaintiffs to dispute or challenge the reasons for excluding the parent from the class. . . .


Now you know. This episode, in particular, will be recorded by historians, some years from now -- as among America's darkest -- in the early part of the 21st Century. We have abandoned in one stroke, as to asylum seekers -- almost all the progress we made in the last century, on human rights, basic human dignity -- and honoring in deed (not just in word) the cherished inscription, at the foot of Lady Liberty. Which is simply another way of explaining the guarantee of our 14th Amendment.Truly a sad moment.

नमस्ते

That Which We Cannot See Clearly, In Visible Light... An Allegory -- Of Luminosity.


[Trust that I am monitoring the kidnapped childrens' status. I will report shortly on the developments expected by tomorrow night, latest. It is a fundamentally heart-breaking story -- as it involves senseless cruelty on our own soil, by our own government. At 45's bidding and direction to be sure, but we should have officers who know (after our experiences in Germany in WW II, or My Lai, Vietnam) they are morally bound to disobey unlawful orders. And these "orders" -- they were.] It seems I need to get off-planet, for a bit -- and illuminate. . . my eyes, and heart (see at right).

Perhaps an allegory will help us, here: NASA's Cassini, before it plunged into Saturn itself, revealed the smudgy, hazy Saturnian moon Titan to be an extraordinarily beautiful orb, when the yolky-yellow haze was pierced -- via infrared light imagery.

We see -- perhaps for the first time, fully -- a moon of surpassing grace and beauty.

So it should be -- as we peaceably oppose the hazy hate of Trump. We must stay clearly focused on the end goal: lawfully removing this man from his influence over our nation. Time's cover this week is similarly perfectly clear-eyed -- as it sees both Vlad and Cheetolini -- in the infrared, to be revealed as one and the same. . . as the haze of the agitprop from each. . . is burned away.

Be excellent to one another. Out for now -- more on the babies, come Friday night, late.

नमस्ते

And. . . hello, Dænte -- there are now a total of 79 known moons orbiting Jupiter -- as 12 were newly discovered. . . .

Monday, July 16, 2018

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


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

Friday, July 13, 2018

The Trump Administration Is Still Violating Orders Of Judges Sabraw And Gee. Deplorable.


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

Thursday, July 12, 2018

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


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

Wednesday, July 11, 2018

Just. Because. We Need... Some Innocent Sweetness...


. . .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

Tuesday, July 10, 2018

[U, X2] Chad Readler, Political Appointee For Trumpkins, "Craps Out" Many Truly Ignorant And Specious Legal Filings...


. . .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.


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

Saturday, July 7, 2018

Kepler Goes Into Sleep Mode -- Low On Fuel; Mars Global Storm Update; And The Rest...


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

Friday, July 6, 2018

[U] Ahem. "By July 10" Is Crystal Clear. It Means EXACTLY What It Says...


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

Thursday, July 5, 2018

Why We Have Laws -- About State LICENSED Child-Care Facilities...


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 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

Wednesday, July 4, 2018

Humor -- The 2018 Fourth Celebration Edition... Also -- Look At #SecondCivilWarLetters


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

Tuesday, July 3, 2018

45/Michael Cohen Update: Over 1.3 Million Pieces Of Unprivileged Evidence -- Released To AUSAs in Manhattan, Overnight.


Donald John Trump, your moment of reckoning (at law). . . approaches. Anyone who didn't understand that Cohen directly told ABC yesterday that he will no longer protect Trump. . . is delusional.

Overnight, the US Attorneys in Manhattan were granted access to over 1.3 million documents and recordings and logs, from the search warrant executed on felony suspect Michael Cohen -- undoubtedly Trump's long time bag-man. The Special Master filed this report, overnight, in Manhattan:

. . . .July 2, 2018 -- A release of 1,310,365 items that were not designated Privileged, Partially Privileged or Highly Personal by the Plaintiff or an Intervenor was made to the Government today. . . .


[Using a now-dated graphic -- to link the story -- to the life sciences angles. Smile.] That my friends, is the way freedom comes -- the way justice is done -- it takes a bit. . . but these steel wheels will grind both of them very fine. Happy Fourth, of freedom and liberty -- and the (more truthful) American Way -- to all of good will. I'm out until the 10th, and the arrival of a grand-niece's second birthday. Grin.

नमस्ते

Sunday, July 1, 2018

UPDATED July 1 -- As We Await An "All Clear" Ebola Declaration In DRC, Africa, In The Next Few Weeks...


Re-upping and updating now what we know. . . since about June 2, 2018, no new deaths have been reported, and no new confirmed cases of Ebola in Mbandaka, the riverport city of over one million souls.

That's all good news -- with almost all contacts of contacts now vaccinated, with Merck's experimental ZEBOV candidate but probably another 1,000 to 2,000 are yet to be vaccinated -- as contacts of contacts. From the World Health Organization's latest situation report, then:

. . . .UPDATED July 1, 2018: Since the launch of the vaccination exercise on 21 May 2018, a total of 3,268 people have been vaccinated in Iboko (1,518) Wangata (843), Bikoro (779), Ingende (107), and Kinshasa (21), as of 23 June 2018. . . . [End update.]

On 28 May 2018, the Minister of Health launched the ring EVD vaccination exercise in Bikoro and Iboko Health Zones. Since the launch of the vaccination exercise on 21 May 2018, a total of 426 people have been vaccinated. The targets for belt vaccination are front-line health professionals, people who have been exposed to confirmed EVD cases and contacts of these contacts. . . .


Now you know -- but this may be my last post here, for a few weeks -- I have other priorities (related to pro-bono Chicago immigration / asylum cases, and 2018 mid-term politics). See my other properties. Travel well; travel light. . . smile often.

नमस्ते

Life Science "Joyful Sounds" Dept. -- India Bested The Nipah Virus; Made A... Music Video!


I awoke this early Sunday, in powerful need of. . . good news. Any good news.

And, as if right on cue, NPR (thanks Sheeshie!) leads with a story of India's triumph over the Nipah virus -- as a music video, by the people of India:



Truly. . . lovely. Onward, then -- with a smile. India is declared Nipah-free; and with just a little luck -- in a few weeks, Africa will again be Ebola. . . free.

नमस्ते

Saturday, June 30, 2018

A Report, From Chicago -- Just Now...


There were likely 200,000 to 250,000 people in Chicago, alone:



नमस्ते

Friday, June 29, 2018

[U] More Of the Current Federal Law -- As Flores-Protective Filings Really Gather Steam...


UPDATED @ 6 AM Saturday: Very late last night, Eastern time (since it was filed on the West Coast), the long-acting Flores legal team, proper -- filed their answers to the Trump administration. Theirs is a more succinct version of the ACLU position, below. Do read it all, at this link (as a PDF file). Also late last night, the City of Chicago moved to join the lawsuit, along with several other cities which have so-called city-wide "welcoming ordinances" -- to assure people missing documents that they won't be prosecuted for reporting a crime (solely due to their undocumented status). Trump has essentially no chance of prevailing here.

This newest memo of law does ALSO address the fact that the Court in Flores has ALREADY ruled that Trump cannot lawfully avoid the state licensing requirements, for facilities that might house children. My understanding is that none of the Trump-donor run private prisons presently possess state-issued child care licenses. Trump loses. Now. . . go march today, in any city of size, near you. [End, updated portion.]

Just as we said it would, the ACLU just filed an excellent amicus brief, in Flores.

Here it is -- full 20 page PDF file -- and. . . I simply cannot resist!

Mr. Readler is positively. . . dead in the water, here -- I'll quote the best parts:

. . . .Even assuming the government’s factual claims were correct -- and they are not -- its ex parte motion should be rejected. General deterrence is not a permissible purpose for family detention because this form of detention is civil rather than criminal in nature. The U.S. District Court for the District of Columbia held exactly that, in the context of family detention, in RILR v. Johnson, 80 F. Supp. 3d 164 (D.D.C. 2015). Based on controlling Supreme Court precedent, RILR concluded that the detention of individuals for the purpose of deterring the migration of others to the United States raises serious due process concerns and violates the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1226(a). The Due Process Clause and the INA permit detention based only on individualized characteristics such as flight risk and danger to the community. Where the government lacks an individualized basis to detain, incarceration in this context is impermissible. See RILR, 80 F. Supp. 3d at 186-90. . . .

Moreover, the government itself agreed not to detain families based on general deterrence as a condition of dissolving the RILR injunction and administratively closing the case. Thus, even if the government were correct that Flores and this Court’s July 2015 Order have impacted migration patterns, it still would be prohibited -- by the Constitution, the immigration laws, and its own policy -- from imprisoning families to deter other migrants from coming to the United States. . . .

In any event, the government has failed to justify its interest in deterrence here. It is unclear why the government has any legitimate interest in deterring the families who primarily benefit from the release provisions of the Flores Agreement -- namely, asylum seekers whom the immigration authorities have found to have credible asylum claims that must be heard in full immigration court hearings inside the United States. The government has failed to provide any probative evidence either of the “migratory crisis” supposedly precipitated by Flores and this Court’s July 2015 Order, or that long-term family detention -- if permitted by this Court -- would effectively deter migrants from seeking asylum in the United States. In short, the government has failed to show that modification of the Flores Agreement is warranted. . . .

Second, the government’s motion appears to assume that if the Flores Agreement did not require that children be released promptly from custody, then the government could subject the parents and children to prolonged detention pending completion of their removal proceedings, and thereby avoid the need for family separation. See, e.g., Gov’t Br. 5. However, the government may not subject families to such categorical detention. Instead, the Due Process Clause, the INA, and the INA’s implementing regulations all require that the government make an individualized determination that detention is warranted based on flight risk and danger. . . .

As set forth below, the government’s claims are factually incorrect and do not remotely show a “significant change in circumstances” warranting extraordinary relief under Rule 60(b)(5). See Rufo v. Inmates of Suffolk Cnty. Jail, 502 U.S. 367, 383 (1992). . . . But even if the government had shown a significant change in circumstances -- which it has not -- it still would be prohibited from deploying family detention for the purpose underlying its ex parte motion: that is, to deter other migrants from traveling to the United States.

This is made clear by the district court’s preliminary injunction ruling in RILR v. Johnson, 80 F. Supp. 3d 164 (D.D.C. 2015). See also Flores v. Lynch, 828 F.3d 898, 904-05 (9th Cir. 2016). . . .


Onward; MARCH tomorrow (we want 10 million souls, nationwide)! Be excellent to all of good will, even if you disagree with them, or their methods -- so long as they are. . . non-violent.

नमस्ते

Thursday, June 28, 2018

Fosamax® MDL Appeals Were Just Granted Cert. -- Supremes (Minus Kennedy) Likely To Close Back Down The 2017 Re-Opened Cases


Well, this morning's order list -- just released, from the highest court in the land. . . may contain a piece of material good news for Kenilworth -- the Supremes just invited briefing and oral arguments, on the 2017 appeal, for the coming term. [A more comprehensive September 14, 2017 backgrounder here.]

It seems likely, given the court's more recent (right-ward leaning) rulings, that it intends to dispatch the "re-opened" alendronate sodium (branded as Fosamax) MDL claims -- this time, on a purely failure to warn/FDA label revision claim basis. They were "reopened" by this Third Circuit opinion. We shall see.

. . . .Cert granted: 17-290 -- MERCK SHARP & DOHME CORP. V. ALBRECHT, DORIS, ET AL. . . .


This was our report, from December of 2017 -- but since it was appended to a longer one on Muslim Ban 2.0, I'll reprint it here, for a full record:

Update 12.04.17 @ 5 PM CST: The Supremes (completely separately) have also asked the US Solicitor General’s Office to weigh in on Merck’s pending Fosamax® MDL cert. petition, thus: "17-290 MERCK SHARP & DOHME CORP. V. ALBRECHT, DORIS, ET AL. The Solicitor General is invited to file a brief in this case expressing the views of the United States. Justice Alito took no part in the consideration or decision of this petition. . . ." It seems the Supremes were convinced by that briefing. . . .

And it means Merck may be on the road to overturning the order reinstating these cases at the Court of Appeals. Busy day in chambers, it seems!

Onward.

नमस्ते

Wednesday, June 27, 2018

First Major Victory -- Over Child Hostage-Takers: Trump Has Until July 10 To Reunite Children Under 5; 30 Days On All Others -- Nationwide Injunction Entered


As we mentioned it might, last week, it has now happened -- in San Diego, the able US District Court Judge Dana M. Sabraw has enjoined all separations, except for those where a child is in imminent danger of harm from the family she is traveling with.

Moreover, children under five years of age are to be reunited no later than July 10, 2018. Older children must be reunited within 30 days. And Trump must immediately take all steps necessary to facilitate regular communication between family members and their children who remain in ORR custody, ORR foster care, or DHS custody. Also, by July 10, 2018, telephone contact between ALL parents and children must be provided.

Sanity is returning. Here is the full PDF of Judge Sabraw's fine 23 page opinion, and the operative bit:

. . . .We are a country of laws, and of compassion. We have plainly stated our intent to treat refugees with an ordered process, and benevolence, by codifying principles of asylum. See, e.g., The Refugee Act, PL 96-212, 94 Stat. 102 (1980). The Government’s treatment of Ms. L. and other similarly situated class members does not meet this standard, and it is unlikely to pass constitutional muster. . . .

First, although parents and children may lawfully be separated when the parent is placed in criminal custody, the same general rule does not apply when a parent and child present together lawfully at a port of entry seeking asylum. In that situation, the parent has committed no crime, and absent a finding the parent is unfit or presents a danger to the child, it is unclear why separation of Ms. L. or similarly situated class members would be necessary. . . .

Second, the practice of separating these families was implemented without any effective system or procedure for (1) tracking the children after they were separated from their parents, (2) enabling communication between the parents and their children after separation, and (3) reuniting the parents and children after the parents are returned to immigration custody following completion of their criminal sentence. This is a startling reality. The government readily keeps track of personal property of detainees in criminal and immigration proceedings. Money, important documents, and automobiles, to name a few, are routinely catalogued, stored, tracked and produced upon a detainees’ release, at all levels -- state and federal, citizen and alien. Yet, the government has no system in place to keep track of, provide effective communication with, and promptly produce alien children. The unfortunate reality is that under the present system migrant children are not accounted for with the same efficiency and accuracy as property. Certainly, that cannot satisfy the requirements of due process. See Santosky v. Kramer, 455 U.S. 745, 758-59 (1982) (quoting Lassiter v. Dept. of Soc. Services of Durham County, N.C., 452 U.S. 18, (1981)) (stating it is “‘plain beyond the need for multiple citation’ that a natural parent’s ‘desire for and right to the companionship, care, custody, and management of his or her children’ is an interest far more precious than any property right.”). . . .

The facts set forth before the Court portray reactive governance -- responses to address a chaotic circumstance of the Government’s own making. They belie measured and ordered governance, which is central to the concept of due process enshrined in our Constitution. This is particularly so in the treatment of migrants, many of whom are asylum seekers and small children. The extraordinary remedy of classwide preliminary injunction is warranted based on the evidence before the Court. For the reasons set out above, the Court hereby GRANTS Plaintiffs’ motion for classwide preliminary injunction. . . .

Defendants must immediately take all steps necessary to facilitate regular communication between Class Members and their children who remain in ORR custody, ORR foster care, or DHS custody. Within ten (10) days, Defendants must provide parents telephonic contact with their children if the parent is not already in contact with his or her child. . . .


Onward -- as dawn, and the courts, await here, as well.

And with this remarkable first ruling, and those to come (including the implicit over-ruling of the majority opinion in Hawaii v. Trump, in the coming years) Donald Trump's only enduring legacy will be. . . a stain on this nation's reputation for ordered liberty and substantive due process. That -- and crap-tacular reality TV shows. But I repeat myself.

नमस्ते

Tuesday, June 26, 2018

Know This: Tomorrow Morning, In California's Central District... The Fight Escalates, Appreciably.


Forget that Justice Kennedy didn't have the courage to speak any real truth to power -- this morning. All he had was a one page concurring faint -- in case history (as she will) ultimately declares this a Dred Scott or Korematsu decision. So be it. It's firmly in the rear view mirror, now. I laud the four who did tell the truth of it: Sotomayor; Ginsberg; Kagan and Breyer.

Now. . . onward: Starting tonight, we re-double our effort to protect the children. I am rather busy preparing for my own hearings here in Chicago in the morning, so I don't have time to elaborate fully (I promise I will return to this).

But know this: out west, later in the day, eastern tomorrow. . . Chad Readler is about to get buried. A group of interested persons and professionals are intervening into the Flores litigation to get (among many other things) medical monitoring underway, for the families.

Do go read it all -- 23 pages worth -- but the able Judge Gee will grant the intervention:

. . . .The harm the government has caused to Plaintiff-Intervenors’ children through its unconstitutional family separation policy is profound and can be remedied, if at all, only through the provision of trauma-informed mental health services with the participation of Plaintiff-Intervenors and outside a detention facility. Plaintiff-Intervenors have a substantial interest in participating in this case because they, as parents, have an interest to ensure that the Flores settlement is enforced so that their children receive this care. . . .

Second, the Plaintiff-Intervenor parents have their own related rights to vindicate in response to the harm of family separation. These include a right to release to be with their minor children while they await the conclusion of their asylum application. Zadvydas v. Davis, 533 U.S. 678 (2001). . . .

[T]he facts giving rise to this action stem from Defendants’ decision to implement the Separation Policy in the first place, which has caused the trauma of deliberate family separation and the constitutional harms outlined in the Complaint in Intervention. . . .


Onward. And. . . be sure to throw sand in 45's gears of hate and division, wherever, and whenever you are able. I know I will. G'night. . . .

नमस्ते