Seeking To Expedite Mr. Giuliani's [Reluctant] Compliance With Prior Federal Court Orders, Here... Yikes!

One would literally be hard pressed to make up. . . a tale of such shocking hubris, from whole cloth, about a former US Attorney, and Mayor of the nation's largest city. It would be thought. . . unimaginable, just two decades ago. But we are now in the age of "pals of Tangerine" -- people who think the law doesn't apply. . . to them.

This letter speaks volumes, about the abuses Rudy is attempting to heap, broadly on the judicial system -- and on the individual Georgia women / the parties he has injured, more specifically:

. . .Preparing those issues for trial by January 16, 2025 -- including by having adequate documents in time to address them at Defendant’s deposition -- will require Defendant’s prompt compliance with discovery requests. Unfortunately, Mr. Giuliani has already demonstrated his unwillingness to comply with discovery deadlines in No. 24-cv-6563, ignoring the first set of RFPs filed in that case altogether. See No. 24-cv-6563, ECF No. 92.

Meanwhile, in seeking withdrawal from this case, Mr. Giuliani’s would-be outgoing counsel have hinted that Mr. Giuliani’s underlying legal position regarding his discovery obligations is so beyond the pale that it cannot even be said out loud. See ECF No. 126 (Mr. Giuliani’s counsel stating that “when ‘addressing’ discovery disputes, we cannot truthfully and completely state Defendant’s position -- to Plaintiffs’ counsel, or on the public record of these actions -- without prejudicing Defendant”). In short, there is no reason to believe that discovery in this action will be any different than discovery in No. 24-cv-6563. Even apart from the impending trial date, shortening the default period for Defendant to respond to discovery requests in this action to 14 days will maximize the efficiency with which the Court can address the inevitable issues with Defendant’s productions (or lack thereof) as they arise. . . .

Now you know. Onward, resolutely.

नमस्ते

One of My Long Time Favorite Mid-Century Surrealists' Paintings (One in a Series, of 27)... Just Sold For A Record Sum, At Christie's, Yesterday...

The painting, by Magritte -- is. . . vastly famous (as is the artist), to be sure. [And that may in part explain the outsized sale price.] It is but one of 27 L'empire des lumières paintings, by the artist -- but aside from the brown bowler hat guy paintings, is likely his most well-known work.

The midday blue sky, with puffy clouds floating above a clearly late night street lamp lit scene, with puddles from an earlier rain. . . is both puzzling, and soothing -- in one. Here are the details [and please forgive me for stylizing the painting for this website's sensibilities -- but that also assures that no one will filch it -- and frame it. Hah!]

The deets, then:

. . .Though perhaps best known for his surrealist depictions of bowler hat-wearing men, Magritte spent a period of 15 years exploring the fleeting transition from day to night in landscape painting. He produced a total of 17 oil paintings and 10 gouaches (water-based paintings) that all share the name “L’empire des lumières” –– and each with small alternations between versions. . . .

The paradoxical paintings rose in demand, particularly when a large version created in 1954 was featured in the Belgian Pavilion at the Venice Biennale and was sold to famed collector Peggy Guggenheim. Magritte went on to create three similarly large canvases — including the one that sold Tuesday — that same year so as not to disappoint other collectors.

When asked about the comparatively subtle surrealism of the “L’empire des Lumières” works, Sandra Zalman, an art history associate professor at the University of Houston, argued that the lamppost was an early iteration of the iconic bowler-hat man.

“The lamppost’s shadow alludes to the bowler-hatted man, hovering — or haunting — the space that would otherwise be considered a quiet, though eerie, landscape,” she said, in an email. . . .

There you have it -- and art like this. . . (and like. . . Banksy's and Monet's) will forever fire my imagination. I can't get enough of it. Onward, grinning into the bright sunshine -- even as temps plummet.

नमस्ते

Tangential Post | Credit, Where Credit Is... Due: Martin Shkreli At Least Gets An "A" -- For Effort, On Speaking To Philistines...

We have been pretty strident -- in our coverage critical of Mr. Shkreli's crimes and civil antitrust conspiracies. We stand by all of that. But to be fair, he tries from time to time -- to rehab his reputation. This week, it is by arguing with Neanderthals, over on X-itter, about the actual bio-science of. . . human gender. [Not some quasi-biblical mis-interpretation of the same.]

Admittedly, it is only on one topic.

But I will give him credit. . . for at least trying.

Yesterday, into today, he tried to pick a fight with a group of "Flat-Earther" people on X-itter, those who think they understand gender's bioscience. Or the Bible -- or something.

I applaud the effort, Martin -- and you are right on the DNA/genome science you offer.

But you are speaking to a social media site increasingly populated by morons and trolls -- some beholden to Russian oligarchs, and to Tangerine, of course.

That is by design, under Elon Musk. A feature, not a bug.

So -- I wish him well -- but it is a waste of. . . electrons, and breath. Just migrate to Blue sky, or Counter.Social or Mastodon, man.

Word to the wise.

I'll look for something a lil' less. . . trivial, around the noon-hour. . . as we await the snows, here.

Out.

नमस्ते

Seen On X-itter -- So Take It All With A TRUCKLOAD Of Salt... Incyte To Be Acquired By Merck? I For One Doubt It...

Separately, we can confirm definitively that Merck has boosted its quarterly dividend -- to $0.81/share -- starting in January 2025, though. [That's good news for long term holders, to be sure -- even with the less than stellar tax effect, of paying cash dividends in US companies.]

But let's put this one in the category of. . . not terribly. . . likely.

There would be little reason for Rahway to need to own the whole cow -- when it will always be able to access just the cups of milk it most desires, as a rule.

Yep -- it is a repeated rumor -- based off of a rumor, thus:

. . .Mark Kleinman, Sky News’ City editor, posted on X, the service formerly known as Twitter: “Revealed: Merck, the US-listed pharma group, is the latest industry giant to be linked to a takeover bid for Incyte, with which it collaborates on several drug development projects. Merck has a market cap of $244bn, while Incyte is valued at nearly $15bn. Both refused to comment. . . .”

As we always say -- "never say never. . ." but I am a skeptic here. But do bet on that fat dividend -- now approaching 4% a year. Grin -- now. . . go Buffs, beat the Jayhawks!

नमस्ते

Another Day; Another Non-Compliant Letter "Motion"; Another Smackdown, From USDC Judge Liman, In Manhattan -- Rudy Chronicles, Continued.

Well. . . surprising no one who's been paying much attention, Mr. Giuliani's Staten Island lawyer was -- for the second time in as many days -- told to learn how to file motions, in Manhattan's federal district courts.

He keeps dashing off very informal letters (which leave some ambiguity as to whether the statements have been verified by the lawyer, or are made, effectively under oath by Rudy hisself). That is why Manhattan local rules require formal motion practice: to prevent a lawyer (or a client) from later saying "Gee, I did not know that was a false statement to the court!"

In any event, the new Rudy four page letter (which I won't link) sought to require Judge Liman to set aside about $210,000 from any sale proceeds, from the NY Co-Op property, at right -- to be sure Rudy could get what the lawyer styled as "a homestead exemption" in one of either NY or Florida -- in cash.

That motion -- even if ultimately made properly -- will fail. Rudy's only chance now, now that he's voluntarily turned over the NY place -- is to get the Florida place exempted. But even then, he couldn't claim cash back from the plaintiffs, here -- he would just be allowed to keep living in the Florida place (or sell it himself, and generate cash -- but then the cash could be attached, excepting only about $6,000 worth) -- as non-exempt asset, subject to the prior turnover orders, already entered.

Rudy will never have substantial assets again, in life -- (absent winning the Mega-Millions!) he'll never be able to pay off the $148 million he owes -- plus interest. [And every time he gets some cash, the Georgia poll workers / mother daughter will get all but 34% of it, as garnished "wages".] He will have to live on only about 15% of what he brings in, as he will owe federal, and state, income taxes on the full amount, but be required to pay them out of his 34% allowances. Forever. And ever.

[To be clear, this would assume he can generate, at a gross level, over $200,000 a year on the radio, or in appearances at MAGA events. OTOH, if he is only earning under $60,000 a year, then his "allowance" will be higher, and his tax burden. . . lowered -- but his net take-homes will put him very near the poverty line. Forever.] Couldn't happen to a nicer guy.

Onward.

नमस्ते

Power Alley: While A Bit Behind -- On The FDA Approval Calendar -- Compared To Roche's Tecentriq®, and BMS's Opdivo®, Keytruda® Scored A Win -- In A Subcutaneous (i.e., Long Acting) Delivery Form

This will undoubtedly expand the use of the blockbuster (in certain lung cancers), especially in parts of deeply-rural America (and later, around the world) -- for people who live several hours away from any major teaching hospital or cancer center. Having to drive ten hours or more -- or fly about every week -- or every other one -- can be a logistical / financial deal-breaker. This opens the probability of only making the trip once every three months.

Here's the whole story, from the irrepressible FiercePharma -- and a bit:

. . .Two months after Roche scored an FDA approval for its subcutaneous version of PD-LI inhibitor Tecentriq, Merck has achieved a key milestone in lining up its checkpoint inhibitor Keytruda to follow suit.

On Tuesday, company revealed that its subcutaneous formulation of Keytruda has aced a phase 3 trial, demonstrating non-inferiority to the immunotherapy’s intravenous version. . . .

[S]ubcutaneous Keytruda -- which includes Alteogen’s berahyaluronidase alfa, an enzyme used to improve the absorption and dispersion of drugs and other agents -- was given to metastatic non-small cell lung cancer patients along with chemotherapy. Another group of patients received IV Keytruda and chemotherapy. . . .

Gaining approval for subcutaneous Keytruda would expand access for the world’s best-selling drug, which racked up sales of $25 billion last year. In its IV form, Keytruda is administered at infusion centers, with the procedure taking approximately 30 minutes, every three to six weeks. . . .

Now you know -- and on, to loads of Cajun Lobster, and Shrimp tonight! Woot!

नमस्ते

The ESA / Rosetta / Philae Comet Landing -- Ten Years On: A [Very Fond] Look Back.

We covered this closely, for a year -- almost exactly a decade ago, now. And what a time it was -- even though the lil' lander ended up laying in a shadow on its side.

It was then largely "missing" -- from mid November of that year, until early January, of the next-- when it was spotted again. Here's a reminder of what all went down -- for advancing celestial object science, and exploration:

. . .[In November 2014], after a ten-year journey through the Solar System and over 500 million kilometres from home, Rosetta’s lander Philae made space exploration history by touching down on a comet for the first time. On the occasion of the tenth anniversary of this extraordinary feat, we celebrate by taking a look back over the mission's highlights.

Rosetta was an ESA mission with contributions from its Member States and NASA. It studied Comet 67P/Churyumov-Gerasimenko for over two years, including delivering lander Philae to the comet’s surface. Philae was provided by a consortium led by DLR, MPS, CNES and ASI. . . [with a video below narrated with a lilting Gaelic brogue, too!].

Now you know. what a time, indeed -- a bumpy ride, going into those weeks, here on Jasoom, as well -- as we swirled between craggy lawfirms' managing partners -- and, in truth, various people -- some still in the shadows, as well. What a time, indeed.

नमस्ते

No Way To Know If A Deal Was Reached -- But Eddy Grant Had Tangerine's People "At Bargaining Table" This Morning.

In Manhattan, there has been a settlement conference -- to hammer out the damages Team Trump owes Eddy Grant for stealing "Electric Avenue" -- in a campaign ad, from the last election cycle (2020).

The court long ago ruled this was a case of willful, unlawful infringement, by the Trump 2020 Campaign.

And now the main issue is how much does the RNC/Tangerine owe to Mr. Grant:

. . .Minute Entry for proceedings held before Magistrate Judge Henry J Ricardo: Telephone Conference held on 11/18/2024. (rdz). . . .

We wait to see -- if a settlement agreement emerges on the docket in Manhattan, in the coming weeks (or months).

Onward, smiling. . . in spite of myself.

Ever... onward.

नमस्ते

Mr. Giuliani's Staten Island Lawyer... Gets Schooled -- By USDC Judge Liman. Most Of His Four Page Letter: DENIED.

Scant surprise here. US District Court Judges in Manhattan are -- in general -- a very hard-boiled lot. They've seen it all before: the bluster, the bravado. . . the impotent chutzpah.

This is one of those cases. That four page motion/letter I posted on Friday -- from Mr. Giuliani's new lawyer. . . landed, with a sickening thud. It has now fallen -- as a largely dead letter. Do see the below, from the immensely able USDC Judge Liman -- just entered on the docket:

. . .To the extent that Defendant requests an extension of deadlines that would expire prior to November 26, 2024, that request is denied. All deadlines remain in place.

To the extent that Defendant's letter requests additional relief beyond an extension and substitution of counsel, those requests must be made by formal motion and will be disregarded as expressed in the letter at Dkt. No. 121. The Court refers counsel to the Court's Individual Practices in Civil Cases for guidance. . . .

(Signed by Judge Lewis J. Liman on 11/18/2024). . . .

There is deliciously sublime irony at work here -- seeing the once mighty Rudy, humbled before the law he used against so many of limited means, across decades of his career as a prosecutor -- and then Mayor -- of the Apple. Onward.

नमस्ते

Another Reason To Oppose Kennedy -- As Health Secretary: His Mindless Promotion Of "Raw Milk", To Low Information Americans...

Yes -- there are some fairly safe ways to (carefully, scientifically) consume milk that has not been pasteurized -- that is true. But this, in and of itself, requires a very clear understanding of the bio-science behind why we do almost universally pasteurize milk.

And frankly, my central concern here is that if these are the low information Americans that (got fleeced by, and) voted for Tangerine (twice, now!) -- they aren't particularly likely to be capable of understanding, let alone. . . of critically investigating the science -- and designing all the pro-active, precise steps required. . . to make so-called "raw" milk safe for kids to consume in the home. If nothing else, one must be absolutely certain that every link in their personal supply chain (unless this is a single-family farm, run exclusively and directly by family members versed in bio-science, for their kids and themselves) is doing it exactly right -- every time.

Otherwise, there is a fairly strong chance that the kids will at a minimum suffer stomach ailments, or worse -- get a very dangerous bacterial infection -- and need says or weeks of hospitalization. So -- for a small segment of very well-educated people, raw milk locally sourced, may offer some rather modest natural immunity boost.

But for the vast bulk of people who've simply bought into the anti-vax nonsense (because they are prone to believing everything other Trumpers say, or a general lack of curiosity -- and affinity for vague conspiracy theories) --this is a real and present danger, from a public health standpoint. One Mr. Kennedy is likely to exacerbate, if he's granted a hearing and confirmed. Let's listen in to Prof. Devi Sridhar, the chair of global public health at the University of Edinburgh in Scotland -- a highly regarded science expert on it all, via this morning's UK Guardian:

. . .Similarly, [Mr. Kennedy] has tweeted about the benefits of raw milk, which has become a bizarre MAGA talking point generally. Raw milk consumption is a risk factor for a number of dangerous illnesses from E coli to salmonella, but is even more worrying with the widespread infection of dairy herds in the US. While pasteurisation has been shown to kill the H5N1 virus in milk and prevent its ability to infect, raw milk obviously retains all the original pathogens.

This year, 24 cats who drank raw milk on a farm become infected by avian flu; 12 died and 12 suffered from blindness, difficulty breathing and other serious health problems. This is when we need federal agencies to regulate what is being sold to the public and ensure clear communication of the health risks.

Instead, raw milk demand has gone up, with some vendors claiming that “customers [are] asking for H5N1 milk because they want immunity from it”. (There’s a certain irony in the logic behind vaccination – training our immune system in how to respond to a pathogen – being used in this situation). . . .

So it is, in many areas of our life-times -- we are wildly lucky to be alive, in an era of great advances in the sciences, generally. But as the old saying goes, you can lead a horse to water, but you cannot make it drink.

The idea that real science may need to effort "PSAs" -- to keep low information Americans safe -- from their own (possible future) Secretary of Health (and counter his own mis-information!). . . in 2024 and beyond. . . is just gob-smacking. Onward, just the same on a warm gray rainy Monday morning here -- to the steel and glass canyons.

नमस्ते

The Latest Peer-Reviewed Data -- From Space, On What's Happening To Global (Surface) Fresh-Water Supplies: Not. Good. News.

As our custom graphic at right sensibly posits (based on the studies mentioned below), the correlation between rising global summer temperatures, and reduced surface-levelfreshwater reserves aroung the globe... is unmistakable. And alarming.

NASA, presiding over an international team of scientists using observations from joint effort German/US satellites found evidence that Earth’s total amount of freshwater dropped abruptly starting in May 2014 and has remained low ever since. Here is the latest:

. . .The decline in global freshwater reported in the study began with a massive drought in northern and central Brazil, and was followed shortly by a series of major droughts in Australasia, South America, North America, Europe, and Africa. Warmer ocean temperatures in the tropical Pacific from late 2014 into 2016, culminating in one of the most significant El Niño events since 1950, led to shifts in atmospheric jet streams that altered weather and rainfall patterns around the world. However, even after El Niño subsided, global freshwater failed to rebound. In fact, Rodell and team report that 13 of the world’s 30 most intense droughts observed by GRACE occurred since January 2015. Rodell and colleagues suspect that global warming might be contributing to the enduring freshwater depletion.

Global warming leads the atmosphere to hold more water vapor, which results in more extreme precipitation, said NASA Goddard meteorologist Michael Bosilovich. While total annual rain and snowfall levels may not change dramatically, long periods between intense precipitation events allow the soil to dry and become more compact. That decreases the amount of water the ground can absorb when it does rain. . . .

It remains to be seen whether global freshwater will rebound to pre-2015 values, hold steady, or resume its decline. Considering that the nine warmest years in the modern temperature record coincided with the abrupt freshwater decline, Rodell said, “We don’t think this is a coincidence, and it could be a harbinger of what’s to come. . . .”

Indeed -- and we may soon have an "oil shale fracker in chief" at Interior, here in the US, if the Senate doesn't come together to confront the Tangerine cabal. Onward.

नमस्ते

The First US Case of Mpox Clade 1b Appears, In A Recent Returning Traveler From East Africa. Do Pay Attention -- To Coming Pronouncements Out Of MAGA -- For Mis-Information.

While the risk, generally, to the people of Northern California remains nearly zero, this is a wake up call. And this more lethal version of Mpox is spread almost exclusively by very close (even perhaps intimate) contact, the fact that an approved vaccine exists for it. . . is going to make Mpox Clade 1b a very potent political issue in upcoming Senate confirmation hearings (should they even be scheduled).

I will hope that the current whip count is accurate -- and that Mr. Kennedy (based even on GOP resistance) has no chance of being granted a Senate hearing for confirmation -- as Health Secretary, given his simply cultish views on vaccines (among other matters). In any event, here's the New York Times reporting, on it -- and a bit:

. . .A person in California has tested positive for a form of mpox causing a widespread epidemic in Africa, the state’s Department of Public Health reported on Saturday. It is the first known case in the United States.

The individual, who was not identified, had recently returned from East Africa. The patient was diagnosed in San Mateo County, just south of San Francisco, and was isolating at home.

Officials at the California Department of Public Health and at the Centers for Disease Control and Prevention are reaching out to potential contacts of the patient for further testing.

There is no evidence that this version of the mpox virus, called Clade Ib, is circulating in communities in the United States, C.D.C. officials said. . . .

Now you know. Onward, with the Buffs in control of their own destiny, to reach the national playoffs -- and in Lawrence, Kansas for a dangerous game this coming Saturday, at midday. Smile.

नमस्ते

[U: Buffs Win! 8-2!] Mr. Giuliani's Staten Island PI/Crim. Lawyer Says The Framed, Signed And Glass Encased Joe DiMaggio Yankees Jersey, Over His Old Mantle Is... "Exempt Wearing Apparel"?!

Okay, I don't wish to go too far down this particular rabbit hole, but a new lawyer for Rudy overnight filed in Manhattan with USDC Judge Liman, to seek the return of several items already surrendered to the plaintiffs -- (speciously) claiming some items are exempt from attachment, under Florida's homestead laws.

For example, he's now argued (for the first time!) he's entitled to list the DiMaggio World Series worn jersey as "exempt wearing apparel" -- under the judgment debtor's "clothes off his back" exemption. Poppycock.

Rudy always treated it as high-art, or a collectible one-of-one, framed, in a glass case -- above his fire-place. The notion that he's even ever going to squeeze his big belly in, to fit into a 1950s prime-era DiMaggio-slim jersey... is facially preposterous (and his even trying to do so would likely largely destroy the value of the piece). In any event, all his clothes cannot exceed $6,000 in value (in total) -- and that jersey is likely over $100,000, all by itself. This is what is known (in my opinion) as openly bad faith -- and vexatious -- lawyering.

Next, this guy argues that the baby blue Mercedes is worth less than $5,500 -- and must be returned under a New York vehicle exemption law -- despite the fact that it was voluntarily turned over in Florida two days ago (with the title and keys). Again, under federal bankruptcy law, to prevail -- Rudy will now have to argue that ALL the other watches, World Series rings and that Mercedes don't exceed $6,000 in value (in the aggregate). This is (in Condor's experienced opinion) simply impossible -- to wit:

The problem with these silly arguments is that the applicable law allows one vehicle, not to exceed $5,500, in value -- and this Mercedes, as Rudy constantly bragged, was previously owned by the late, great "Hollywood Golden Era" star. . . Lauren Bacall. Yep -- that means it too will appraise out, at somewhere over $100,000, in all probability. [The lawyer also argues that for each of DiMaggio, the Mercedes, and the passel of watches, he gets a $5,500 credit, each -- once sold. Nope. He owes (checks notes). . . $148,000,000. Game over Rudy.]

Finally, any such arguments (by Rudy) were simply waived, once the turnover order was final -- and most of all, after he handed over possession. The time for such specious nonsense is at an end. [If he did not keep his granddad's watch out of the pile we showed last night -- the plaintiffs could send it back to him, in good faith, as it is a relatively cheap watch -- and won't fetch much. But my hunch is that is the one watch he kept under the exemptions, for one watch, only -- in his possession, post bankruptcy.] Onward -- as the update is the Buffs beat Utah, pretty soundly. Now, bring on the Kansas Jayhawks, in Lawrence next -- grin.

नमस्ते

Apparently, Some Blithering Idiot Spokesperson For Mr. Giuliani Made A Video Last Night... Showing The Watches & Rings, Being Fed Exed... Ugh.

And this feckless kook, one Ted Goodman, apparently yammered on for over a minute on x-itter, but I won't link it -- saying it is "an absolute disgrace" that Rudy's "life's work" -- about twelve watches and two World Series rings -- were being "stolen away" from him, under threats of force. He lauded what he called Rudy's service to America. Yawn. He left out the part -- of course! -- where Rudy's lies nearly got the women at right killed. And the part that the "threat" is in fact, an able federal judge's regular court order, after a full trial on the merits.

He left out the part that these baubles will not remotely cover the $148 million, from a final court order that found him liable to them, after ruining THEIR lives. A pair of lives, given to civil service in Georgia for small wages. Acting as election judges, there. Rudy just flat-out made stuff up -- sending violent MAGAts, in 2020, into a rage and "on a hunt", for them.

Yes -- we all have seen that play, before -- thousands of times, in the past -- in the South (and North, too). Black women, running for their very lives, from rabid whyte mobs. . . bent on vigilante action -- the facts be utterly-damned. Ref. "Without Sanctuary" here.

So no, Mr. Goodman -- I will hear zero tiny violins, for Rudy's loss of his granddad's watch (or the baby blue Mercedes once owned by Lauren Bacall). He brought it on himself -- exclusively, with the foreseeable lawless mob actions -- that would flow naturally. . .from his lies. Take a seat son. Out.

नमस्ते

Mpox Update -- Per CIDRAP, Two More African Nations Have Seen Clade 1b Outbreaks... Tough News.

I think that makes 20 African nations, now dealing with the Clade 1b outbreak -- over 52,000 people are viral hosts, and more than 36 are dead, on the continent. Tough news, to be certain.

And -- it is simply. . . gob-smacking that, in 2024. . . "we, the people" (those of us who can read and understand peer-reviewed scientific studies) might have to conduct a national public outreach campaign, to educate and. . . persuade the potentially-incoming US Health Secretary. . . that vaccines SAVE LIVES. Dammit. [I still hold some hope that the less rabid GOP Senators will grow spines, and tank his -- and Gaetz's, and Hegseth's -- nominations.] The idea that a loony anti-vax billionaire might potentially set vaccine policies -- for millions of school kids in America. . . literally sickens me.

In any event, here's the still-unfolding Mpox story, from CIDRAP:

. . .New genetic sequencing results have now confirmed novel clade 1b mpox virus in recent cases from Zambia and Zimbabwe, signifying that the virus is now spreading in most of Africa's regions, the head of the Africa Centres for Disease Control and Prevention (Africa CDC) said today.

During a weekly briefing, Africa CDC Director-General Jean Kaseya, MD, MPH, said the African region is still averaging about 2,800 new cases a week, "sending a clear message that mpox is not under control in Africa."

Though the Democratic Republic of the Congo (DRC) has been the main hot spot, cases in Uganda continue to rise sharply, with 184 cases reported over the past week. The country is battling the clade 1b strain, with cross-border transmission and sexual contact the main drivers of its outbreak.

An emerging concern is new clusters among sex workers. . . .

For the Love of Pete. . . please people, wake your GOP Senators up (if you are afflicted with 'em). This Robert F. Kennedy, Jr. is a. . . loon. Damn.

नमस्ते

Rudolph W. Giuliani's Lawyers Say Under Oath He Is Likely Pursuing A Lawless Course; And Ask To Resign, As Is Their Right -- Under Applicable NY Prof. Resp. Law. Wow.

Well. . . who did NOT see this coming?! As we mentioned yesterday, the able USDC Judge Liman has mostly denied Rudy's attempts to file under seal his defenses. We will see those shortly, as his lawyers prepared them over the weekend -- and filed them in camera.

But this is the breaking news of the day, on his case in Manhattan -- his lawyers are firing him, as a client. Here is the motion, from his own (soon to be former) lawyers:

. . .[A] lawyer may withdraw from representing a client when: . . . (4) the client insists upon taking action with which the lawyer has a fundamental disagreement; . . . (6) the client insists upon presenting a claim or defense that is not warranted under existing law and cannot be supported by good faith argument for an extension, modification, or reversal of existing law; [or] . . . (7) the client fails to cooperate in the representation or otherwise renders the representation unreasonably difficult for the lawyer to carry out employment effectively[. . . .]

The Giuliani Entities are required to respond to Plaintiffs’ information subpoenas today, and Standard USA LLC is required to respond by Friday, November 15, 2024. Text Order, November 11, 2024. . . .

The guy. . . is likely headed. . . to jail, as soon as next week -- for clearly doing things -- things Tangerine cannot offer him a pardon for -- even if Trump wanted to. Indeed, there is no indication of that sort of energy being spent, for just another guy Tangerine has dragged under, and then abandoned. Couldn't happen to a nicer. . . guy, though -- in truth. Onward.

नमस्ते

Merck Looks To Hedge Its Bets -- If Ivonescimab, From Summit, Turns Out To Be An Immuno-Oncology Juggernaut. Plunks Down $588 Million In China.

This is a "play the field" bet, to be sure. Summit posted pretty impressive results for its similar ivonescimab candidate -- in certain lung cancers, this past Summer. Both LM-299 and Summit's candidate -- beyond both being anti-PD-1 therapies -- they also work on a peptide called VEGF, against the cancerous cells. [My prior June 2024 backgrounder -- on Summit's China-only study success, here.]

So. . . Rahway may pay up to $3.3 billion (on milestones) if the LM-299 candidate reaches its potential. In the mean time, Keytruda is the gorilla in the room. Here's the latest, via Reuters reporting, this morning:

. . .[Merck & Co.] has licensed an early-stage cancer drug from a China-based biotech in an up to $3.3 billion deal, two months after a similar therapy from Summit Therapeutics outperformed its blockbuster Keytruda in a late-stage trial. . . .

The deal allows Merck to take over development of privately held LaNova Medicines' LM-299, the companies said on Thursday. The drug candidate targets a protein called PD-1, which prevents the immune system from killing cancerous cells. It also curbs levels of another protein called VEGF, which can encourage tumor growth if found in excess. . . .

Under the agreement, Merck will pay $588 million upfront. LaNova is also eligible to receive up to $2.7 billion in milestone payments.

In September, Summit -- and its partner Akeso -- released data that showed patients using their drug ivonescimab, which targets the same proteins, had significantly better survival rates than those on Keytruda. This class of drug has been attracting increased interest for deals. On Wednesday, German drugmaker BioNTech said it would acquire China's Biotheus to gain access to its so-called bi-specific antibody that targets PD-1 and VEGF. . . .

Now you know. Not really material at this point to Rahway -- but if it pans out, it might very well become a nice add-on to the pembrolizumab franchise -- a global $30 billion a year in peak sales, in a couple years.

Onward, smiling -- as I took the plunge from an old 12 Pro, to update -- to the iPhone 16 Pro, just this morning (and the "all bluetooth" setup / transfer interface worked flawlessly via AT&T!) -- yep, it is pretty darn. . . slick!

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Elon Musk’s Malign Influence — On What Was Twitter: Guardian (UK) Says “Enough!”

I am certain Elon Musk doesn't care that he's becoming. . . increasingly viewed (globally) as a malign force. I am fairly certain that he thinks this is all just some silly video game -- (an endless parade of insipid memes) like the sixth grader he emotionally forever remains.

Most of the adults, however, worldwide. . . I suspect, see it as The Guardian (UK) staff sees it:

. . .Yesterday we announced that we will no longer post on any official Guardian editorial accounts on the social media site X (formerly Twitter). We think that the benefits of being on X are now outweighed by the negatives and that resources could be better used promoting our content elsewhere.

This is something we have been considering for a while given the often disturbing content promoted or found on the platform. The US presidential election campaign served only to underline what we have considered for a long time: that X is a toxic media platform and that its owner, Elon Musk, has been able to use its influence to shape political discourse.

X users will still be able to share our articles, and the nature of live news reporting means we will still occasionally embed content from X within our article pages.

Our reporters will also be able to carry on using the site for newsgathering purposes, just as they use other social networks in which we don’t officially engage. . . .

For whatever it is worth, for the last three years or so I have been cross posting the few things I do feel belong on the old Twitter/X, also to counter.social and to Mastodon. I agree with The Guardian – it is time to leave Musk's bitter little hellscape. Not that my voice matters, there. . . but it. is. time.

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It Seems Rudolph W. Giuliani Will Claim He Was Only Acting In Georgia -- As The Client (Tangerine) Ordered Him -- To Try To Avoid Paying $148 Million, For Defamation. Preposterous.

Welp. It could be that the able USDC Judge Liman in Manhattan will rule. . . that Rudy G. cannot hide what his client, presumably Donald J. Trump. . . ordered him to do, in regard to defaming the Georgia election workers, in the last (2020) cycle -- if he is (preposterously) asserting that set of orders, as a basis for not paying (actually -- not surrendering the DiMaggio No. 4 Yanks jersey, the World Series rings, the Rolex watches, the baby blue Mercedes. . . and the NYC Co-Op contents, and same from the Florida condo).

There are now two "no permission" briefs on file this morning, in Judge Liman's courtroom. They are sealed from public, and even opposing counsels' view (for the moment). I will confidently predict we will see at least redacted versions in a few weeks. The right of the people -- and press -- to monitor what the courts do, in their names. . . is nearly inviolate, so long as national security, etc. is not at stake.

And, after all, Rudy has already lost repeatedly on the merits: several courts have ruled he lied in defaming the election workers -- and that he knew in real time he was lying about the actual outcome in Georgia (and elsewhere). [For this he's been disbarred, in fact.] So do stay tuned, but here's a bit of what Rudy's lawyer tries to argue before Judge Liman this morning, to avoid placing the briefs on the public docket:

. . .Judicial documents, such as the Proposed Documents, are subject to a common-law, presumptive right of public access. A court will determine the weight of the presumption, which varies, in the particular case, over a “continuum[,]” depending on “the role of the materials at issue in the exercise of . . . judicial power[.]” Lugosch v. Pyramid Co. of Onandaga, 435 F.3d 110, 119 (2d Cir. 2006) (citing United States v. Amodeo, 71 F.3d 1044, 1049 (2d Cir. 1995)). The court will then “balance competing considerations against [the presumption,] such as the privacy interests” of the parties who propose sealing. Lugosch, 435 F.3d at 119-20 (cleaned up).

Here, the Proposed Documents do not go “to the Court’s core role in adjudicating a case[,]” Brown v. Maxwell, 929 F.3d 41, 50 (2d Cir. 2019), or “determin[ing] litigants’ substantive legal rights[.]” Lugosch, 435 F.3d at 121. They go, rather, to an exercise of judicial authority that “is ancillary to [that] core role[.]” Brown, 929 F.3d at 50. Accordingly, the weight of the presumption is “somewhat lower[,]” and the reasons for sealing “usually need not be as compelling as those required to seal[,]” for example, trial evidence or summary judgment filings. Id.; see Broidy v. Global Risk Advisors LLC, 2023 U.S. Dist. LEXIS 151536, at *10-11 (S.D.N.Y. Aug. 24, 2023) (involving motion to disqualify and citing cases involving discovery motions; holding that the presumption “is close to the ‘modest’ end of the spectrum[]” where motion “is not likely to affect the outcome of the case[]”). . . .

We respectfully submit the following: The Proposed Documents disclose confidential information within the meaning of Rule 1.6(a)—information that counsel has a duty to protect. Cf. Broidy, 2023 U.S. Dist. LEXIS 151536, at *16 (law firm satisfied Professional Rules by filing under seal). That conclusion, we believe, will be readily apparent to the Court when it reads the Proposed Documents. Counsel, however, stand ready to provide additional information or argument on the point, if the Court deems that necessary or helpful, or to have an ex parte/in camera conference with the Court. And, of course, counsel will make whatever disclosures or public filings that may flow from the Court’s ruling(s). . . .

Onward, grinning. What a mess Rudy has willingly let Tangerine make -- of his personal, and professional, life. Tangerine destroys every honorable person he captures under his thrall (not that I am convinced Rudy was ever. . . honorable -- after about 1984). Justice has taken. . . a very long time in catchin' up -- to old Rudy (and his targeted selective prosecutions of largely innocent people of color in NYC from about 1985, onward). Wow.

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[U] And... Now, The Tangerine "Chuckle-Headed Nominees Show" Devolves... Into A Satire -- Of Itself: Elon Musk Edition.

I am willing to bet that Elon Musk, the human (and Vivek, as well!) don't really want to fill out all the intrusive disclosures required by 26 USC § 1604, et seq., on pain of felony charges -- to lobby the United States government -- specifically, the office of the preznit. See -- if you are not an "agent" or head of a US federal government department, and you decide to even advise the Tangerine Dotard, that is. . . yep, being a lobbyist (since literally every single thing these two jamokes propose requires an Act of Congress, at a minimum).

An activity we the people are allowed to have quarterly disclosures about, under the Lobby Disclosure Act, at the office of Public Disclosure, inside the US Senate.

The whole goal here, by Elon, is trying to avoid any Senate "advice and consent" hearings, should Tangerine try to make him the head of a some new (or old) federal agency. He fears being questioned in public -- about how little he understands of our system of ordered liberty. [This is so, because all he's ever "learned" about it. . . is retweeting teenagers' memes -- on his X-itter platform.] You see, Elon's SpaceX holds one of the largest federal contracts for space hauling, and receives (through Tesla federal electric vehicle tax subsidies) billions in aid, from federal and state governments. So he must. . . disclose.

~~~~~~~~~~~~~~~~~~

Yet and still, maybe the frothy hard right pundits would like to encourage both Vivek and Elon to. . . first take the scalpel to Trump's golf trips.

He traveled with a cast of hundreds, when he was preznit (and will do so, when he is agin' presnit) -- and he absolutely charges the very top rate, for every room at his dumps of clubs in Scotland and Ireland and Florida and New Jersey.

That was over $142 million dollars of federal cash spent AT TRUMP RESORTS, in just the first three years of his preznit-cy (and over $184 million, overall, for the four years).

[Even the frothy MAGA crowd cannot resist a tongue in cheek flavor, in talking about a "federal department" -- that is (purportedly) actually... outside of all government.

And, we call that. . . per 26 USC § 1604 "lobbying", out here, in the adult world -- and these two billionaires will need to register with the Senate offices of disclosure to do ANY such work.]

An "outside of government" -- independent overseer, of any competence -- would say the first thing to get the axe should be. . . Tangerine's federal "department" of. . . golf grifting.

Out.

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