In DC Federal Court, Rudy Never Responded To The Motion For Civil Contempt; Judgment May Now Enter: π-tiffs' Lawyers.

We told you last week it would end this way.

Rudy's lawyers (likely no longer being paid anything) did not even substantively respond -- to the motion for contempt on the merits, in DC. The reply was due last night. It never came. So this afternoon, the Geordia election workers / plaintiffs moved for a judgment of contempt against Rudy, at the hearing already scheuled for December 12, 2024, thus:

. . .Per this Court’s minute order dated November 20, 2024, Mr. Giuliani was instructed to file any response to Plaintiffs’ Motion for Civil Contempt (ECF No. 19) by December 2, 2024, and “CAUTIONING defendant that failure to respond [] will be treated as conceding that motion.” November 20, 2024 Minute Order. Mr. Giuliani failed to file a timely response. Accordingly, Plaintiffs Ruby Freeman and Wandrea’ Moss (“Plaintiffs”) respectfully request that this Court hold that Mr. Giuliani has conceded the motion, and enter an order that Mr. Giuliani is in civil contempt and reserving the entry of appropriate sanctions until after the December 12, 2024 hearing. . . .

Well, it would seem that about a week from tomorrow, Mr. Giuliani may be spending a night in jail, either in Manhattan, or in DC (more likely) -- even if he does everything perfectly from here onward [which his prior history shows us. . . he's very unlikely to do anything other than. . . defy, and (impotently) attempt now, to delay]. Stay tuned.

नमस्ते

Tomorrow, The Supremes Will Hear Argument, On Whether Tennessee Can Restrict (Prevent Administration Of) A Class Of Drugs... To Any Human "Not Presenting" As The Gender [Written In, For Them, By A Nurse] At Birth, In A Hospital

As many well-know, we have closely followed the purported Tennessee law known as Tenn. Code Ann. § 68-33-101, as its constitutionality is tested in the federal courts. It purports to tell doctors that there is only one class of patients they may not treat for gender dysphoria. That class (according to Tennessee) should be any human who does not present in the gender written by a nurse on a birth certificate, in many cases, nearly two decades ago. Those are the only humans that Tennessee would prevent from getting a doctor's therapy. [Weird.]

So -- in advance of tomorrow, here is how the US Solicitor General sees the case:

. . .Because [Tennessee] SB1’s prohibition applies only when a covered treatment is prescribed to allow individuals to live in conformity with a gender identity other than their sex assigned at birth, the law does not restrict the provision of puberty blockers or hormones for any other purpose. The law also explicitly exempts those treatments when they are prescribed “to treat a minor’s congenital defect, precocious puberty, disease, or physical injury.” Tenn. Code Ann. § 68-33-103(b)(1)(A). The terms “[c]ongenital defect” and “disease” are defined to include an “abnormality present in a minor that is inconsistent with the normal development of a human being of the minor’s sex” but specifically exclude “gender dysphoria, gender identity disorder, [and] gender incongruence.” Id. §§ 68-33-102(1), 68-33-103(b)(2).

Violations of SB1 are punishable by civil penalties of $25,000 for each prohibited treatment, professional discipline, and potential civil liability in private suits. Tenn. Code Ann. §§ 68-33-105 to 68-33-107. The law took effect on July 1, 2023. . . .

SB1 warrants heightened scrutiny twice over: It explicitly classifies based on sex and it discriminates based on transgender status. Indeed, one of its declared purposes is to enforce gender conformity and discourage adolescents from identifying as transgender. The Sixth Circuit erred in holding that such a law is subject to no greater scrutiny than mundane economic regulation. . . .

Now you know -- an Indian rocket launches a very heavy esa payload, and arguments at the high court -- both on tap, tomorrow. Onward.

नमस्ते

Power-Alley: Merck Gets A Coveted FDA "Fast Track" -- For Lung Oncology Candidate, sac-TMT [Sacituzumab Tirumotecan]

It seems clear that the Kelun BioTech collaboration was -- and is -- a wise one, despite the significant upfront price tags. [My prior backgrounder, one of several, from December 2022, right here.] Merck is rising nicely, on the NYSE this morning -- on the news.

The lead candidate, sac-TMT, has been conferred a "breakthrough therapy designation" at FDA and so is on the fast track for approval in specified lung cancers. Here's the latest -- but very good news for both companies:

. . .Merck said the FDA has granted Breakthrough Therapy designation for its antibody drug conjugate sacituzumab tirumotecan, also known as sac-TMT, for the treatment of a certain type of lung cancer.

Sac-TMT received the designation for the treatment of patients with advanced or metastatic nonsquamous non-small cell lung cancer with EGFR mutations whose disease progressed on or after TKI and platinum-based chemotherapy, according to a statement. . . .

The drug is being tested as both a monotherapy and in combination with its [immuno-oncology agent] Keytruda, for the treatment of various solid tumors, as well. . . .

This, on the heels of sac-TMT being approved in China for certain hard to treat breast cancers. So this one looks to be a big win for both patients worldwide, and the Rahway multinational, now. Onward.

नमस्ते

Whimsy: ET To Invade; Plus “Enron” Relaunch, Today?!

We open Giving Tuesday with a pair of Banksy-esque items. As luck would have it, back in 2009, apparently an early bot made a prediction that on this day, the Earth would be invaded by extraterrestrials.

And in spite of that -- or perhaps because of it -- an art collective decided to spoof a relaunch of the notorious criminal enterprise called Enron, also for this morning.

Several credulous crypto "journalists" have now shamelessly played the part of willing shills, publishing actual news stories about Enron. Here is but one such example, called CryptoBriefing.com:

. . .Enron Corporation announced its revival as a company focused on addressing global energy challenges, with plans that include potential expansion into crypto and blockchain technology.

This announcement marks a dramatic shift for a company synonymous with corporate malfeasance. Enron’s collapse, which revealed fraudulent accounting practices that destroyed billions in shareholder value, reshaped regulatory frameworks in the early 2000s.

With Donald Trump returning to office, some analysts speculate that a more favorable environment for risk-taking could have prompted the company’s decision to relaunch. . . .

It would be hilarious, if it all weren't so desperately. . . sad.

I suppose the (unrelated) good news is that a Delaware judge has reaffirmed her decision, that Elon Musk’s $56 billion Tesla self-voted payday cannot stand.

It actually sort of makes me hope the ET invasion portion of the spoof turns out to be. . . real.

This is crazy! 😳

An ALIEN INVASION was predicted for Dec. 3, 2024 by an AI stocks software predictor back in 2009.

It would be triggered the day that Joe Rogan interviewed Trump!

Could happen. 🤷‍♀️
#trump #JoeRogan #alien #invasion #war #djt #rogan #alieninvasion pic.twitter.com/LiAPAebIu8

— 🌲PINE LAKES HOMESTEAD🌲 (@MonaElizabeth56) November 25, 2024

Onward.

नमस्ते

Giuliani Update: By This Friday, He Must Have Sorted ALL Property At His TWO Storage Facilities -- Separating & Labeling All That Belongs To The Georgia Election Workers.

The only real surprise here. . . is that Mr. Giuliani STILL thinks the law is meant only for the little people. Not him. [Afterall, at least three times now in the last two months alone, he's shoved his hand into the fire -- impudently -- and been scorched by it. You'd think he'd have. . . wised up, by now. Hmm.]

Here is that order, from the very capable USDC Judge Liman (in Manhattan), as a refresher, and a bit of it:

. . .By no later than 5 p.m. Friday, December 6, 2024, Mr. Giuliani shall segregate all Receivership Property located at the CTS Facility from property that is not subject to the Turnover Order. . . .

By the same date and time, Mr. Giuliani shall provide a detailed list containing pictures of the segregated Receivership Property located at the CTS Facility sufficient to show the size and quantity of that property. . . .

By Monday, December 9, 2024, the Receivers will provide Mr. Giuliani with the location of a New York-based storage facility, and the date and time when Mr. Giuliani shall deliver all of the Receivership Property located at the CTS Facility. . . .

My hunch is that he will not meet this deadline, and an immediate contempt hearing will commence -- at which time, after about an hour long hearing, he may be jailed (at least overnight, to impress upon him that these federal orders mean what they say).

We shall see. Onward.

नमस्ते

In Lighter Fare -- Look For Lord Jupiter, In December's Mid-Evening Skies: Here's How To Spot It!

For our own peace of mind, I think we must look away from the mess that Tangerine is now making (at least from time to time) -- and smile again, at these celestial wonders -- right out there, in our backyards, available with even a small telescope, or binoculars. This is certainly good for the soul: crisp single digit night air in our lungs, a "Distant Suns" app in the phone for siting (Location Services ON!), a mug of hot cocoa, steaming near at hand. . . and rising. . . to the northwest over most of North America. . . is mighty Lord Jupiter (through all of December 2024, but I'll see it best, later in the month, when down in Arizona).

[Just one of thousands, by way of backgrounders, here.] And, here's the latest, from NASA:

. . .Jupiter is easy to observe at night with our unaided eyes, as well-documented by the ancient astronomers who carefully recorded its slow movements from night to night. It can be one of the brightest objects in our nighttime skies, bested only by the Moon, Venus, and occasionally Mars, when the red planet is at opposition. That’s impressive for a planet that, at its closest to Earth, is still over 365 million miles (587 million km) away. It’s even more impressive that the giant world remains very bright to Earthbound observers at its furthest distance: 600 million miles (968 million km)! While the King of Planets has a coterie of 95 known moons, only the four large moons that Galileo originally observed in 1610 – Io, Europa, Ganymede, and Calisto – can be easily observed by Earth-based observers with very modest equipment. . . .

Jupiter’s position as our solar system’s largest planet is truly earned; you could fit 11 Earths along Jupiter’s diameter, and in case you were looking to fill up Jupiter with some Earth-size marbles, you would need over 1300 Earths to fill it up – and that would still not be quite enough! However, despite its formidable size, Jupiter’s true rule over the outer solar system comes from its enormous mass.

If you took all of the planets in our solar system and put them together, they would still only be half as massive as Jupiter all by itself. Jupiter’s mighty mass has shaped the orbits of countless comets and asteroids. Its gravity can fling these tiny objects towards our inner solar system and also draw them into itself, as famously observed in 1994 when Comet Shoemaker-Levy 9, drawn towards Jupiter in previous orbits, smashed into the gas giant’s atmosphere. Its multiple fragments slammed into Jupiter’s cloud tops with such violence that the fireballs and dark impact spots were not only seen by NASA’s orbiting Galileo probe but also by observers back on Earth. . . .

Now you know. Do. Not. Let. His. Malignancy. Keep. You. Down. Onward -- grinning anew!

नमस्ते

Just A Minor Post Scriptum... If The Resistance 2.0 Is Needed -- It Is Ready, At The Federal Courthouse Doors.

We write this morning only briefly, to mention that most on the MAGA / Frothy Hard Right^TM have. . . a dirty little (non-) secret: All of these boys (and they are mostly whyte boys) knew it was wrong for Tangerine to pardon Bannon (charity frauds), Flynn (lying under oath about documents; election lies), Kushner Sr. (IRS frauds), Roger Stone (election fraud and Proud Boys / J6 BS) -- and about a dozen others, including his other daughter's father in law. . . and a sheriff in Florida's father in law (on gun and drug charges) -- who will now advise on Mid-East matters.

But it is more than just wrong. It is. . . dangerous, that these crooks are part of the Trump Administration (to come). [None of Mr. Biden's handful of coming pardons will ever hold elective or appointed office. Ever.]

Even so, I do have faith that the Senate and the federal courts will blunt most of what Tangerine hopes to do. It is just a very costly way to get good (or at least better) government: to have to litigate for it.

What a waste of federal court time.

But so be it. See you in court, boys. Resistance 2.0 is all primed -- and ready to file, in federal District Courts in. . . Colorado, California, Illinois, NY, NJ and DC!

Onward.

नमस्ते

No -- This Is Not The Way It Is Supposed To Work. But I Understand The Argument: These Are Very Odd Times, Indeed...

Welp. Letting the process work would have been preferable, in my view. Even if "the system" were to get it wrong. [BTW, here's what actually went down, in fact -- according to Hunter's lawyers.]

But that view is tempered by the truly wild-eyed ravings emanating from Tangerine for over three years now, that he is personally bent on revenge -- when he moves into 1600 Penn. [I still think what Hunter did was wrong -- but... just as what Senior Kushner did was wrong (Trump pardoned), as was what Roger Stone did (Trump pardoned) and Steve Bannon (Trump pardoned) and dozens of others. . . Trump pardoned last time around. . . ALL that too -- was wrong.]

If Tangerine does get Bondi as his AG, it is possible -- likely even -- that she will look for new crimes to charge, based on old predicate acts. [And over this same weekend, Trump has said he will name two relatives to high posts, each of which "owe" him. And the purported head of the DEA's father in law was also a beneficiary of a Trump pardon. These MAGA quid pro quos are. . . sickening.]

So, Mr. Biden has this evening pardoned all federal crimes Hunter might be charged for, on any conduct from the dawn of time -- through to tonight. While that leaves state level crimes to the side, I don't imagine Hunter will spend time in Texas, Florida, Tennessee, Alabama or Mississippi -- so as not to be indict-able by any local authority, on state or local law charges, there -- as MAGA / Tangerine might hold sway adequate over local prosecutors -- in those ruby red states. So it goes. Overall, a sad time for our nation. [We will recycle our 2022 Dark Brandon graphic to utilitarian effect, tonight.] Out.

नमस्ते

ESA And India Will Partner Up, For A Space-Coast Launch This Coming Wednesday -- To Conduct New Studies, Of Our Sun's Corona...

So, esa.int and the Indian Space Agency will partner to throw this massive pair of spacecrafts aloft, this Wednesday, on the Eastern coast of India -- north of Chennai.

It will mark yet another milestone, in the cooperative efforts of these nations -- largely without need for NASA input. Messrs. Tangerine, and Musk, should take heed. The world is going to leave them behind, if they insist on being "top dawg" in every discussion. But I applaud the cooperative work of science experts, across the globe -- for largely ignoring artificial political lines on one map some General drew a half century or more, ago. Here's the latest, from ESA's Paris HQ:

. . .Satellite separation is due to take place about 18 minutes after liftoff, with the first acquisition of signal by the flight control team at ESA’s ESEC establishment in Redu, Belgium, anticipated around a quarter of an hour later.

The latest member of ESA’s family of in-orbit demonstration missions, Proba-3 is in fact two spacecraft being launched together, which in orbit will separate to begin performing precise formation flying, precise to a single millimetre, about the thickness of an average fingernail.

By blocking out the fiery disc of the Sun, Proba-3’s ‘Occulter’ spacecraft will mimic a terrestrial total solar eclipse, to open up views of the Sun’s faint surrounding atmosphere, or ‘corona’, which is a million times fainter than its parent star. Proba-3’s second ‘Coronagraph’ spacecraft hosts the optical instrument that will observe the solar corona.

On Earth, total solar eclipses only occur every 18 months on average, and last just for a few minutes. Solar scientists have to travel all over the world to take advantage of them. Proba-3 will be able to create solar eclipses on demand, observing closer to the edge of the Sun than any previous Earth- or space-based instrument, down to just 1.1 solar radii. And it will do so for six hours per 19-hour 36-minute orbit. [Do see the YouTube explainer, immediately below]. . . .

Do check back Wednesday, for a live feed of / window on the launch, here. Grin.

नमस्ते

So -- He Was A Felon -- In Jail, For Tax Frauds. But He's An "In-Law / Outlaw" -- So He'll Be The Ambassador To France?! Damn.

The French people should uniformly treat him like an undocumented immigrant is treated in the USA (by MAGA, at least), every time they see him in the street in Paris -- which won't be very often, BTW.

The French should be deeply insulted -- that a Trumpy family member -- to whom Trump owes vast 2016 and 2020 and 2024 campaign contributions/debts. . . and, a guy who went to jail for tax fraud, who Tangerine then pardoned in 2020 (as it was "only" the same kind of commercial real estate fraud that Trump himself regularly commits. . . and it was his daughter's father in law!). . . is going to be their US Ambassador.

The guy cannot even "crook". . . competently (per the Beeb):

. . .Mr Kushner is a real-estate developer and the father of Jared Kushner, husband of his daughter Ivanka Trump. Trump pardoned Mr Kushner during his first term, waving away a federal conviction in 2020. . . .

The nomination appears to be the first administration position that Trump has formally offered to a relative since his re-election. . . .

The first relative?! Of course it would be. . . a felon. Amazing.

What a hugely fetid swamp these jamokes are assembling, and soon. . . running. Damn.

Out.

नमस्ते

Now A Fifth UK Case Of Mpox Clade 1b, This Time Out In Leeds -- Away From The Original Four...

This was an independent origin point for the viral load. A traveler in this case returned from Uganda, to Leeds, recently. The prior four were all from a single household in London. [Our prior backgrounder, on Mpox in England may be found here.]

All close contacts of the Leeds case are being traced by UK health authorities, but the risk to the British population is extremely low. The Beeb has all the latest, here -- on our long holiday weekend, stateside (with youngest son already jetted back to the Northwest last night):

. . .A new case of a strain of mpox spreading in some parts of central and east Africa has been confirmed in Leeds.

The infected person had recently returned from Uganda where Clade 1b mpox, which used to be known as monkeypox, has been found. This is the fifth person in England to be confirmed with this disease in recent weeks -- the other four lived in the same household in London and have all recovered.

The [fifth] individual infected is being treated at a hospital in Sheffield. . . .

Now you know. CU needs a lil' help today -- the Buffs need at least two of these three to lose today: ASU, BYU and/or Iowa State (Kinda' a tall order, indeed). That outcome would let the Buffs play for the Big 12 championship next weekend. Smile. Either way, Travis is a shoo-in for the Heisman, and the team will get a major bowl bid, now.

नमस्ते

Travis Hunter, This Afternoon: Simply Superhuman!

The line? Well, he had a drive killing interception, and barely missed picking off two more. Several solo tackles, and only allowed one completion of eleven yards. So, that was his defensive (game changing) effort.

On offense?

He caught three TD passes.

Amassed over 110 yards for the tenth time this season. Buffs win 53-0, to end the regular season. Now we watch ASU, BYU and Iowa State tomorrow. But I now think Travis might share his Heisman with Shedeur Sanders, his QB!

नमस्ते

It Is Likely The Supremes Will Agree With The Dissent, In The Fifth Circuit, On The Shelby Park Land Razor Wire Barrier Case

I am headed out for our traditional "day after" Dim Sum roundtable. . . so this will be short.

On Wednesday night, the Fifth Circuit decided to reinstate a premlinary injunction against the US Border Patrol being able to cut land based Texas razor wire. But the exceptions in it -- they are several truckloads wide. The decision specifically set the injunction only where US Border Patrol has immediate alternate routes of access, to asylum seekers there arriving, and never at any time, when life or limb are in jeopardy (on either side of the razor wire). See this, at the bottom of page three, specifically -- and a bit of the dissent:

. . .Because Texas has not met its burden to show a waiver of sovereign immunity or a likelihood of success on the merits, I respectfully dissent. . . .

Texas’s challenge appears to be directed at internal “communications between lower- and higher-ranking [Department of Homeland Security] officers regarding wire-cutting in the Del Rio Sector.” These emails, according to Texas, constitute the Policy.37 Texas alleges that the emails at issue are “changeable agency action authorizing line-level officers to tamper with Texas’s property,” memorializing Defendants’ alleged “policy, pattern, or practice of intermeddling with [Texas]’s concertina wire” along the border.

But in fact, these emails discuss federal agents’ responsibilities in apprehending, processing, and inspecting noncitizens,38 as well as the agents’ corresponding authority when doing so. They set forth informal field guidance for agents for when they encounter physical objects impeding their ability to apprehend, process, and inspect noncitizens. This guidance appears deliberately open ended, as it provides different advice depending on the circumstances. And even when the guidance runs out, i.e., when a “supervisor is not available” and “anyone is in distress,” the communications advise agents to “use their judgment regarding how best to proceed.” They never require cutting through or lifting fencing or other obstacles.

The emails, i.e., the Policy, are “more like a tentative recommendation than a final and binding determination.” Franklin v. Massachusetts, 505 U.S. 788, 798 (1992). . . .

Yep. USDC Judge Ramirez, sitting as a panel member, has the most cogent dissent. The Supremes will see it her way. Onward.

नमस्ते

It Seems Rudy Giuliani Had "An Outburst Incident" -- In Manhattan, Today. USDC Judge Liman Warned He Won't Be "Patient" With Him Again. OUCH.

The top line here is that the trial on sanctions remains on January 16 -- which keeps Rudy from attending the inaugural (ahh. . . cue the tiny violins!), he says. But when Rudy heard the judge rule definitively that Rudy had to be in court in Manhattan all day on the 16th to 19th -- he started shouting at the able USDC Judge. The very capable InnerCityPress covered it, in real time, thus -- over at X-itter:

. . .Judge: Your client was US Attorney here. The notion that he can't apply for a title [is preposterous].

Rudy: You are against me! They have put a stop order on my Social Security account!

Judge: I permitted Mr. Giuliani to speak -- but I won't do so in the future -- I'll be required to act. . . .

That too would be contempt -- and a possible night in jail, courtesy USDC Judge Liman.

Hilarious -- and a former US Attorney well knows that is what he means... by "required to act".

Couldn't happen to a nicer guy.

नमस्ते

So -- Long Term Public Health Expenses... Will Be Reduced, If CMS/Medicare/Medicaid Covers The Weight Loss Shots. Are You Listening, Dr. Oz/Kennedy?

While I might personally prefer that most Americans exercise more -- and eat less highly-processed fat-laden junk food. . . the economics behind this idea are beyond serious debate: most Americans aren't likely to -- en masse -- change their lifestyles. So the far cheaper route (rather than, say. . . 15 to 25 years of twice a week dialysis, for example) will be to pay for (the bulk of) the cost of the GLP-1 drugs. . . now.

This is smart health care policy making. [I do hope that Kennedy snd Oz recognize this, come late January of 2025.] But as a practical matter, if Mr. Biden is able to start paying for the first month or two, here and now -- there will be no political willpower in January or March 2025, to undo the benefit -- for perhaps 7 million people -- all voters. Nothing prevents CMS from starting to cover this drug -- in the first week of December of this year. Here's the latest:

. . .The Biden administration, in one of its last major policy directives, proposed on Tuesday that Medicare and Medicaid cover obesity medications, a costly and probably popular move that the Trump administration would need to endorse to become official.

The proposal would extend access of the drugs to millions of Americans who aren’t covered now.

The new obesity drugs, including Wegovy from Novo Nordisk and Zepbound from Eli Lilly, have been shown to improve health in numerous ways, but legislation passed 20 years ago prevents Medicare from covering drugs for “weight loss.”

The new proposal sidesteps that restriction, specifying that the drugs would be covered to treat the disease of obesity and prevent its related conditions.

“We don’t want to see people having to wait until they have these additional diseases before they get treatment,” said Chiquita Brooks-LaSure, the administrator of the Centers for Medicare and Medicaid Services, or C.M.S., noting the growing medical consensus that obesity is a chronic health condition. . . .

Onward -- and grinning, as I head out for airport pickup runs. . . be excellent to one another, now and always.

नमस्ते

Power-Alley: Merck's Winrevair™ Now Likely Headed To Blockbuster Status -- Well-Beyond The Relatively Rare PAH Indication...

It would seem that Rahway made a very savvy bet, in spending about $11.5 billion to acquire Acceleron in September of 2021.

That company's lead candidate, sotatercept -- originally for PAH, looks now to sail through -- with a new series of FDA green lights. [Here's just one of several, we've offered in the past, on the candidate -- now approved, as respiratory therapy.]

This is why Merck saw a slight increase in price, on the NYSE today. Here's some very cogent analysis, from FiercePharma, so I'll just turn you over -- to them:

. . .Eight months after snaring an inaugural FDA green light, Merck & Co. is bolstering the case for the chief asset in its $11.5 billion Acceleron acquisition.

In the phase 3 ZENITH study, Merck’s activin signaling inhibitor Winrevair, also known as sotatercept, met its primary endpoint of time to first morbidity or mortality event — which included all-cause death, lung transplantation, or hospitalization for at least 24 hours linked to disease worsening — and helped reduce the risk of morbidity or mortality events versus placebo in adults with pulmonary arterial hypertension (PAH) in functional class III or IV.

Patients in the trial’s study drug and control arms both received background PAH therapy, too. . . .

And, we will be closing shop for the week, likely around noon tomorrow -- grin. Unless something truly interesting breaks, we may not return here -- until next Monday. Be excellent to one another, and be thankful for all that is still wonderful in our world! We are all. . . so fortunate -- to be alive, at a time when medicine is pushing back the possibility of early-deaths, from avoidable causes.

नमस्ते

Do Make A Habit -- Of Reading Empty Wheel, Every Day. This Is The US Resistance 2.0's Lead "Hot Sheet"!

She is forever right on time -- and on target.

What I am gleaning from her, here day by day, is that "Resistance 2.0" will be a more subtle, and nuanced effort (especially in the period before the next mid-terms, in 2026) than the 2017-2021 version -- even though it will also feature lots of federal litigation, outright (especially on border matters).

These Senators will never fear a Tangerine primary threat, again. That matters, quite a bit.

And so, again today she notes the tentative emergence -- of spines, among the Art. I Republicans in the Senate. Just 13 people voted, in secret, on the first ballot, for MAGA endorsed Tim Scott, as majority leader. [So, only a quarter of the GOP toed Trump's line in the sand, on Scott.] Thune was chosen, in secret -- on a second vote -- plainly against Tangerine's wishes.

This makes for some very credible / at least possible ally building discussions, among Democrats of good will, who simply do not want to see the Republic slide into an autocracy. The votes are there, with those others inside the regular GOP (who chose to cross Trump) -- to rein in many of Tangerine's hoped-for most lawless maneuvers. Especially in confirmation hearings, for cabinet level positions.

Let's listen in, to EW's keen analysis:

. . .[A]fter [R., Sen., Alaska] Lisa Murkowski said (in a little-noticed Alaska interview) that she won’t vote to confirm any Trump nominee who has not undergone an FBI background check, four more Senators — Susan Collins, Kevin Cramer, Rounds, as well as Joni Ernst — joined Murkowski in expressing support for background checks (though without making them a litmus test), with Bill Hagerty scoffing at the entire idea that they’re necessary.

There are far too many Democrats dismissing the possibility that there can be meaningful opposition to Trump from Congress. The Senate, especially, held up some of Trump’s plans the first go-around, even before he sicced an armed mob on them. And if nothing else, these people love their own prerogatives, and so will — at least selectively — defend those (as the bid to insist on FBI background checks would be a means to do). . . .

To be clear, I might mildly disagree with her assessment that there may be no opportunity to hold any elections, in the 2026 mid-terms. That, these Art. I GOP-ers will NEVER G' on down for any such outcome.

Bank on that.

So -- (with truly minor dissenting notes) we march, onward. Do read her, daily. She's that good!

नमस्ते

Very Good Thanksgiving Week News: US CDC Lifts Travel Advisory -- On Rwanda -- Marburg Outbreak '24 Ending...

Great coordinating work and cooperative effort, between Rwandan teams on the ground, and the WHO and its EU, US, Japanese and UK partners -- is to be credited for this outcome.

The latest Marburg outbreak is now effectively at an end. US CDC has lifted its former travel restrictions, as of mid-last week. Here's the latest (in Rwanda) reporting:

. . .The United States has lifted its Level 3 Travel Health Notice for Rwanda after the successful containment of the Marburg virus outbreak, a move welcomed by the Africa Centres for Disease Control and Prevention (Africa CDC).

The advisory, issued on 7 October 2024, had effectively restricted American travel to Rwanda, impacting the country's economy during its response to the outbreak. . . .

Rwandan Health Minister Dr Sabin Nsanzimana credited Africa CDC's support in containing the outbreak within Rwanda's borders. The organisation continues to advocate against travel bans as primary responses to health crises, emphasising the importance of global cooperation in managing outbreaks. . . .

It has now been over 21 days since the last patient was discharged; there have been no new cases, in 42 days (a double incubation period) -- so, this outbreak is at an end, effectively speaking. Onward -- with my youngest man in by tomorrow afternoon, by jet from the Pacific Northwest. Grin!

नमस्ते

[U] H5N1 (Avian) Virus Was Just Seen In The First US Child, In 2024 -- Out In California. Do Be... Vigilant.

The below item, from CIDRAP serves as a reminder that especially in children, we ought to be very vigilant about persistent respiratory symptoms, of any kind. [And, we need to forcefully oppose the confirmation in the Senate -- of loons who do not believe in vaccines. Cough -- Kennedy. He will cause the needless deaths of perhaps thousands, if given free rein -- for his lunacy.]

California regularly tests school kids for illness -- which is how this case came to light. This was a child with no farm animal contacts, so the likelihood is that it was a human to human transmission path. Here's the latest -- and do be extra careful, if visiting farm animals (on holiday outings), especially later in this damp Fall weather.

. . .The US Centers for Disease Control and Prevention (CDC) said today that its tests have confirmed H5N1 avian flu in California's recent suspected case, involving a child who had no known exposure to infected animals.

Also, California announced another confirmed H5 case in a dairy farm worker. The new developments lift the state's total to 29 human cases of H5 avian flu and the national total since the first of the year to 55. . . .

The CDC statement noted that the confirmation marks the nation's first H5 infection in a child, and it reiterated much of what the California Department of Public Health (CDPH) said in its initial announcement of the case on November 19.

The child's infection was detected through California's flu surveillance system, and the level of viral material in the specimen was low. Follow-up tests several days later were negative for avian flu but were positive for other common respiratory viruses. . . .

Moreover, somewhat worryingly, it also seems that even seniors are largely foregoing COVID boosters and flu shots this season. We cross our fingers, and hope that this trend doesn't come back to bite us -- nationwide. Onward.

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Rudy Giuliani May Be In Contempt, In TWO Federal Courts, By Mid December... Sequential Jailings?! NY, And DC?

This is, almost word for word, what the cogent Wilkie Farr lawyers (pro bono, for the Georgia election workers) asked for yesterday.

Just read what the able USDC Judge Liman in Manhattan entered, overnight -- all three pages -- and a bit of it: [This man is also subject to jailing, in DC as we mentioned yesterday -- for his continuing to defame the Georgia election workers over the public airwaves -- and thus willfully violating the injunction entered, against such speech and conduct.]

. . .Among other things, it also ordered Defendant, his agents, employees, and those acting in concert with them to comply with the directives of the Plaintiffs Receivers issued pursuant to the Turnover Order. Id. at 21 ¶ 4(f). Defendant did not object to the appointment of receivers or to the terms of the Turnover Order or powers of the receivers, other than limited objections with respect to specific items of property. Dkt. No. 44. No motion for reconsideration of the Turnover Order was made.

On November 7, 2024, after the Court had been informed that Defendant had turned over none of the Receivership Property ordered to be turned over by October 29, 2024, the Court issued a further order that was then memorialized in a November 8, 2024 written order. Dkt. No. 94. As memorialized in the November 8, 2024 order, Defendant was required by November 15, 2024, to deliver to Plaintiffs-Receivers “all items of property identified in the Turnover Order, according to the Plaintiffs-Receivers’ instructions.” Id. at 2. Defendant has not complied with that order nor with the Turnover Order. Dkt. No. 147.

In light of Defendant’s noncompliance, Plaintiffs-Receivers have issued new directives to Defendant pursuant to the Turnover Order. Id. at 7-8. The Court has reviewed the directives and finds that they are consistent with, and authorized by, the Turnover Order. Accordingly, and for the avoidance of doubt, the Court orders that Defendant Giuliani shall comply with the following instructions provided by the Plaintiffs- Receivers on pain of contempt. . . .

By no later than 5 p.m. Friday, December 6, 2024, Mr. Giuliani shall segregate all Receivership Property located at the CTS Facility from property that is not subject to the Turnover Order. . . . By the same date and time, Mr. Giuliani shall provide a detailed list containing pictures of the segregated Receivership Property located at the CTS Facility sufficient to show the size and quantity of that property. . . .

Defendant Giuliani, his attorneys, agents, and persons in active concert or participation with him or them shall not transfer, encumber, or interfere with any of Defendant’s property located at Corporate Transfer and Storage, Inc. (“CTS”) or America First Warehouse (“AFX”) until the Receiver files notice on the docket that the above conditions have been satisfied.

SO ORDERED. . . .

Damn. [Judge Liman's original turnover order from October 2024 may be read here.] What a precipitous fall. . . from what he was, in the late 1980s to about 2001. Damn.

He will die penniless, and alone now -- in some low rent trailer or motel in the Florida panhandle.

If not in. . . some county drunk tank. Out.

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