Take A Dangerous Ride Around... A "Dark Matter Dominated" Galaxy, 600 Million Lightyears Off, In Perseus...

William Butler Yeats had different beasts in mind, when he first penned the below -- after WWI. That much is certain.

But consider that entirely dark galaxies are out there -- and should you be unlucky enough to miss the gravitational waves, it might just swallow you. . . whole. But fret not -- this one is over 600 million light-years out, in Perseus. We won't fall in -- by anyone's accident or inattention.

"...Things fall apart; the centre cannot hold;
Mere anarchy is loosed upon the world,
The blood-dimmed tide is loosed, and everywhere....

A gaze blank and pitiless as the sun,
Is moving its slow thighs, while all about it
Reel shadows of the indignant desert birds.
The darkness drops again; but now I know
That [six million] centuries of stony sleep
Were vexed to nightmare by a rocking cradle,
And what rough beast, its hour come round at last,
Slouches towards [Perseus] to be born?"


-- William Butler Yeats (1919)

Hah! [Pretty. . . dark, and foreboding -- like our current moment.] Yet, in any event, here's the far more cheerful latest-, and a video- explainer, from NASA (on these stealthy enigmas):

. . .NASA's Hubble Space Telescope has revealed an exceptional discovery in the Perseus galaxy cluster: CDG-2, an ultra-low surface brightness galaxy composed of 99% dark matter.

This elusive galaxy remained hidden until astronomers detected a slight increase in globular cluster density, suggesting the presence of an underlying galactic structure.

Observations from Hubble, ESA's Euclid observatory, and the Subaru Telescope confirmed a faint halo of diffuse light surrounding these ancient star clusters.

Analysis indicates CDG-2 has the luminosity of approximately six million Sun-like stars, with the clusters comprising about 16% of its visible matter. The galaxy's normal matter was likely stripped away through gravitational interactions within the Perseus cluster. . . .

Now you know. . . grin.

नमस्ते

Now -- The Revised Govt. Witnesses List -- For Thursday Morning, In Nashville...

Well. This is going to provide some juicy moments -- on cross examination!

And Mr. Hecker will put on a master class in it.

Mostly, I cannot wait to see the "lawyer as witness" problem confound Mr. McGuire, as he squirms to try to explain that "he alone" decided to indict -- and then bring toward trial. . . a nearly three year old traffic stop -- where not even a traffic ticket was issued. . . but somehow he charged it as. . . a felony -- to the grand jury. And then explain how his impartial "justice only" facade will return, as soon as he is back sitting in the first seat -- prosecuting for the Noemites. Yikes.

I will also particularly enjoy Agent VanWie's repeated nonsense -- he tried this gambit last summer, too -- before USDC Judge Crenshaw [which is, in no small part, why the dismissal is pending, for this Thursday] re his silly explanation for why he reopened this old. . . non-case.

. . .COMES NOW the United States of America, by and through Braden H. Boucek, United States Attorney, and, pursuant to this Court’s prior order (DE # 162), provides the following amended witness list for the February 26, 2026 evidentiary hearing. This pleading amends the Government’s prior witness list, which was previously filed on October 30, 2025. (DE # 196.)

At the hearing, the Government intends to call:

➢ Supervisory Special Agent John VanWie, Homeland Security Investigations (HSI): the United States anticipates that Agent VanWie, who worked for HSI – Baltimore, will testify regarding his decision to reopen the [not even traffic-ticketed 2023 Tennessee] investigation into the defendant’s [early 2023, entirely unticketed] activities -- on April 17, 2025. . . .

➢ Special Agent In Charge Rana Saoud, Homeland Security Investigations: the United States anticipates that Agent Saoud, who supervised the HSI -- Nashville office, will testify regarding the [re-]commencement of the [more than two year stale] investigation into the defendant’s. . . activities by HSI -- Nashville. . . .

➢ First Assistant U.S. Attorney Robert E. McGuire: the United States anticipates that Mr. McGuire [who, until now had been lead trial counsel], who was serving as the Acting United States Attorney at the time the indictment was obtained, will testify regarding the reasons he sought the indictment and who made the ultimate decision to seek the indictment. . . .

[Bonus question: Will Mr. Hecker find a way to call the US Attorney who resigned rather than udnertake this vindictive prosecution -- he's a long time VAndy law prof. -- widely respected. Will we see him? I dunno.] In any event, buckle-up buttercup -- these dullards / goons are about to be. . . unmasked -- in Music City Thursday morning. See ya' then.

नमस्ते

Power Alley: Gilead To Pay Up, For Arcellx: As A CAR-T Rival To JNJ Franchises...

The next-gen immuno therapy wars just keep rumbling onward. JNJ will now face a potentially very formidable competitor in the CAR-T space.

Here's the latest, from Fierce -- in the power alley (and a bit):

. . .Gilead Sciences has struck a deal to buy Arcellx for $7.8 billion to take full control of a CAR-T cell therapy that is on the cusp of approval.

Arcellx partnered with Gilead to develop the BCMA-directed CAR-T anitocabtagene autoleucel (anito-cel) in 2022. Gilead invested in Arcellx as part of the agreement and, having invested again when amending the deal in 2023, owns 11.5% of the company. With Gilead on the hook for $530 million in milestones for anito-cel, analysts had speculated about a potential buyout.

Gilead made its move Monday, agreeing to pay $115 per share in cash for Arcellx. The offer represents a 68% premium to Arcellx’s 30-day volume-weighted average share price. Arcellx shareholders will receive another $5 per share if cumulative global anito-cel sales hit $6 billion by the end of 2029. Gilead CEO Daniel O’Day discussed the buyout in a statement. . . .

Pricey -- but probably a pretty savvy bet. Onward, grinning into Wednesday afternoon -- at Union Station.

नमस्ते

The Oceans’ Floors May Explain Long-Lived “Snowball Earth” Epochs…

56 Million Years -- that's a very long time to be sitting in a freezer -- waiting for your turn to get on the grill, and crisp up. . . .

Other, later breaking Earth Ice Ages lasted only tens of thousands of years -- up to a few million years -- but this particular Ice Age lasted over 50 million years. Ponder that. [And it seems a "runaway carbon cycle" -- but on the oceans' floor -- was a main factor, yet again.] Here is that item, and a bit:

. . .By tracing how carbon moved between ocean and atmosphere, Trent B. Thomas at the University of Washington (UW) demonstrated that intensified seafloor weathering could hold greenhouse gases low enough to prolong deep freeze conditions for tens of millions of years.

In his simulations, volcanic carbon release remained within the same range for both episodes, yet only the scenario with accelerated ocean-floor reactions reproduced the prolonged glaciation.

That imbalance pointed away from the sky and toward the seabed, setting up the need to understand how the ocean floor gained such outsized control over Earth’s climate clock. . . .

Fascinating. Onward.

नमस्ते

Here, Tonight Tangerine 2.0 Says "Too Much" -- And, Not Enough, All At Once.

So -- as these Milano Winter Games come to a close. . . this item is exceedingly (albeit unintentionally). . . revealing.

A hard right nutjob crows that Tangerine 2.0 invited the men's hockey team to his SOTU speech, on Tuesday.

He originally made no such offer -- to the women's team.

[BTW -- they also won gold. For its part the NHL's stars are saying that travel arrangements may be "difficult" -- vis-a-vis the timing of the hard restart of league play. Hilarious! These guys can charter their own jets, man. But they do. not. want. to. be. props.]

In any event, the hard right well knows. . . these are very powerful, brilliant women. They too, might not agree to only be "seen, and not heard".

O U T.

नमस्ते

Noemite/Homan-Forces... Continue To Defy Federal Court Orders In Chicago -- Motion To Enforce Up Next, At Dirksen Bldg...

We will have to wait a bit, to read the actual motion, as the unredacted version doubtless contains names and personal details of individual victims, at the moment -- and so won't be available for viewing on the PACER system until redactions are made.

But again -- these jamokes cannot thwart court orders much longer -- otherwise, they and their AUSA lawyers will wind up in jail for a spell. Here's the latest text entry on the docket:

. . . .Docket # 305 | Motion to Enforce. . . .

Onward, grinning just the same -- as America holds men's and women's hockey gold, again -- for the first time in decades. On -- to Nashville, mid-week!

नमस्ते

Zero Surprise, Here: No March '26 Artemis II Launch Date -- Just As We Foretold.

So -- if you've been reading along here, we've long suggested that there are still some important issues facing the mechanics -- in the way the team loads the Boeing / Lockheed launch vehicle -- with super-cooled liquid hydrogen. Those are very tiny, slippery molecules, and they do tend to leak. . . easily. And, when warmed in the air, to a gaseous stage. . . they are. . . dangerously and unpredictably explosive.

However, overnight NASA has confirmed that it is seeing new "anomalies" in the helium readings, in the upper stage of the rocket, as well.

So the team is going to roll the vehicle back into the hangar. That scrubs any March launch -- and likely means. . . June 2026 or beyond. [Dear Leader will not be pleased -- but safety first, always.] In any event, here is the morning's update:

. . .NASA is taking steps to potentially roll back the Artemis II rocket and Orion spacecraft to the Vehicle Assembly Building (VAB) at the agency’s Kennedy Space Center in Florida after overnight Feb. 21 observing interrupted flow of helium to the SLS (Space Launch System) rocket’s interim cryogenic propulsion stage. Teams are actively reviewing data, and taking steps to enable rollback positions for NASA to address the issue as soon as possible while engineers determine the best path forward. In order to protect for troubleshooting options at both Pad B and the VAB, teams are making preparations to remove the pad access platforms installed yesterday, which have wind-driven constraints and cannot be removed during high winds, which are forecasted for tomorrow.

The upper stage uses helium to maintain the proper environmental conditions for the stage’s engine and to pressurize liquid hydrogen and liquid oxygen propellant tanks. The systems worked during NASA’s Artemis II wet dress rehearsals, but teams were not able to properly flow helium during normal operations and reconfigurations following the wet dress rehearsal that concluded Feb. 19. Operators are using a backup method to maintain the environmental conditions for the upper stage engines and the rocket, which remains in a safe configuration.

Teams are reviewing potential causes of the issue, including in the interface between ground and rocket lines used to route helium, in a valve in the upper stage, and with a filter between the ground and rocket. They also are reviewing data from Artemis I in which teams had to troubleshoot helium-related pressurization of the upper stage before launch.

A rollback would mean NASA will not launch Artemis II in the March launch window. However, the quick preparations enable NASA to potentially preserve the April launch window if a rollback is required, pending the outcome of data findings, repair efforts, and how the schedule comes to fruition in the coming days and weeks. . . .

Now you know. [Getting thrilled to get out of the cold, by Wed. night -- and down, to Music City.] Woot!

नमस्ते

New Cautionary Tales -- Out Of A Chinese Look Back, At Co-Infections -- HIV/AIDS, Together With Mpox...

The European Medical Journal latest reviews section offers some not-too-surprising post-hoc result out of China. The multiple burdens of these diseases would rather logically lead to increased rates of hospitalization, once a sufferer is co-afflicted with both viral loads.

In any event, here is that summary -- and a bit of it:

. . .A retrospective analysis from Hangzhou, China, examined 104 laboratory-confirmed mpox cases. . . and compared mpox-HIV coinfection with mpox monoinfection. The investigators also matched HIV monoinfection cases 1:1 with mpox-HIV coinfections to explore differences and potential risk factors.

Mpox-HIV coinfection was associated with greater symptom burden. Lesion pain was reported more often in coinfected patients than in those with mpox alone (67.39% versus 39.66%). All 27 hospitalizations in the cohort, including one intensive care admission, occurred in the coinfected group, highlighting a clear severity signal in this setting.

Most coinfected patients were already receiving antiretroviral therapy (ART) (97.83%), yet immune suppression remained common. Up to 28.26% had CD4 positive T cell counts at or below 350 cells per microliter, and lower CD4 counts were associated with more severe clinical manifestations and higher hospitalization.

The study also identified behavioral factors that clustered with mpox-HIV coinfection. High risk sexual behaviors, including multiple sexual partners and frequent sexual activity, were associated with coinfection status. The authors argue these patterns support integrating surveillance and prevention strategies for HIV and mpox in higher risk groups. . . .

Onward to a nice dinner out with friends, tonight -- all done with the food poisoning. . . and onward to Music City mid-week, ahead -- whew.

नमस्ते

I'm Pretty Proud Of My Governor. He Suffers Few... Fools.

This is perhaps trivial, but a decent case can be made that every state in the Union is also owed reparations from Trump's plainly unlawful theft of our GDP via his tariff follies.

This case is best seen though -- I think -- as a way to make the political point: Trump is off the map, when we speak of what is permissible, in the land of separation of powers:

. . .CHICAGO — Following the U.S. Supreme Court ruling that the Trump tariffs were imposed illegally, Governor JB Pritzker sent a letter and invoice to the president, demanding the return of the $8.6 billion he stole from Illinois families.

Read the full letter and invoice at right. . . .

Rest assured -- Apple (through its fine legal team, like many others around the nation) will reclaim every penny of the $2 billion it is already owed, on behalf of its shareholders -- who were lawlessly assessed his odious taxes (in the form of tariffs). Flawless.

नमस्ते

[U] Trumpian Tariffs: Tossed -- 6-3! Woot! Gorsuch's Concurrence Shows How Unhinged The Hard Right (Alito / Thomas) Have Become...

I will (this afternoon) read the opinions to find the suggestions about how the federal tax returns might best be used to refund money to all who paid tariffs. The Supreme Court agreed with the challengers that IEEPA did not give Trump the power to impose the tariffs. “Based on two words separated by 16 others in. . . IEEPA -- ‘regulate’ and ‘importation’ -- the President asserts the independent power to impose tariffs on imports from any country, of any product, at any rate, for any amount of time. . .” Chief Justice John Roberts wrote. “Those words,” he intoned, “cannot bear such weight”. “The IEEPA contains no reference to tariffs or duties”. . . and, “until now no President has read IEEPA to confer such power”.

So more to come -- but only Alito, Thomas and Kavanaugh dissent. Here's the 170 page stack of majority and concurring and dissenting opinions -- and the banger quote:

. . .IEEPA does not authorize the President to impose tariffs. The judgment in No. 24–1287 is vacated, and the case is remanded with instructions to dismiss for lack of jurisdiction; the judgment in No. 25–250 is affirmed. . . .

[Gorsuch -- concurrence:] . . .The problem for the dissent [Kavanaugh, Alito & Thomas, here] is that none of this is relevant here. Before us, the President concedes that he does not enjoy independent Article II authority to impose tariffs in peacetime. Ante, at 18–19. Nor does the President claim “‘concurrent’” constitutional authority to issue his tariffs. Ante, at 13 (citing Tr. of Oral Arg. 70–71). Instead, and to his credit, the President admits the power to authorize tariffs in peacetime is constitutionally vested in “Congress alone.” Ante, at 13 (internal quotation marks omitted). Therefore, the President relies entirely on power derived from Congress, and that means the major questions doctrine applies in the normal way. . . .

Because of this problem, the dissent must argue for a much broader “foreign affairs” qualification to the major questions doctrine. Rather than ask whether an independent, constitutionally vested presidential power is implicated, the dissent would have us ask instead whether the President seeks to use the statute in question for a foreign affairs purpose -- for example, as a “too[l]” to “incentivize a change in behavior by allies. . . or enemies.” Post, at 50. When he does, the dissent submits, the major questions doctrine should not apply. And that’s true, the dissent continues, even if the power the President asserts has “significant domestic ramifications.” Post, at 51. . . .

This new exception to the major questions doctrine would have (enormous) consequences hard to reconcile with the Constitution. Article I, §8, vests in Congress many powers that touch on “foreign affairs.” Some of those powers were expected to be (and are) the “principal objects of federal legislation.” The Federalist No. 53, p. 333 (C. Rossiter ed. 1961) (J. Madison). They include not only the power to impose tariffs, cl. 1, but also the power to establish uniform rules of naturalization, cl. 4, appropriate money for armies, cl. 12, and define and punish offenses against the law of nations, cl. 10.

Under the dissent’s view, all these legislative powers and more could be passed wholesale to the executive branch in a few loose statutory terms, no matter what domestic ramifications might follow. And, as we have seen, Congress would often find these powers nearly impossible to retrieve. . . .

As [their own] Justice Scalia famously intoned, "the Congress does not hide elephants. . . in mouseholes. . . ." Just as we've said for over a year. Hilarious.

नमस्ते

Merck v. Merck Multi-Billion Dollar Lanham Act Suit In NJ -- More Abbreviated Pre-Trial Briefing To Come In A Few Weeks...

At a truly-glacial pace. . . this sprawling, very high stakes naming lawsuit has been underway for over a decade, just in the federal courts in New Jersey -- but the general dispute about name rights, has been dotting the globe for two decades.

And the original schism came at the Treaty of Versailles in 1919. So there is some thick bark -- on this old tree. Here's the latest:

. . .TEXT ORDER:

Further to the Court's Order issued today, and for the reasons discussed on the record, as pertains to the discovery issue presented in Section 20 of the Revised Final Pretrial Order:

(1) Plaintiff shall set forth its position, including the specific discovery it seeks, in a letter memorandum to the Court (not to exceed ten double-spaced pages), by March 16, 2026;

(2) Defendant shall respond (not to exceed ten double-spaced pages) by April 9, 2026; and

(3) Plaintiff may reply (not to exceed three double-spaced pages) by April 16, 2026.

As regards discovery concerning replacement witnesses in Section 6D of the Revised Final Pretrial Order, no party seeks a custodial production, and the parties agree to limit such discovery to a deposition of the replacement witness. Upon resolution of the anticipated in limine motions, the parties will meet and confer to establish a deposition schedule for the replacement witnesses.

So Ordered by Magistrate Judge Michael A. Hammer on 2/19/2026. . . .

Now you know -- getting ever closer to a real federal Lanham Act trial date. End, power alley stuff for the day.

नमस्ते

Once Again, A "Dress Rehearsal" -- At Loading The Liquid Hydrogen And Oxygen Tanks, For Artemis II... But, Why Even Go?

There are collected and sealed sample tubes, resting in and around the Perseverance rover out there, 40 million miles off -- on Mars. Or Barsoom, if you prefer. NASA's Trump appointed Administrator recently canceled all funding -- for the 2030 mission to robotically reurn them to Earth.

That is an extremely important astro-biology science program -- it may definitively establish that there was prior life -- on Mars. But instead of spending that money -- with no risk to human crews, Tangerine 2.0's priority is to showboat "boots on the moon" -- near the Fourth of July. For nearly no real scienctific purpose. Ask Armstrong. Ask the Apollo teams -- we've learned what we can there. No need to risk life and limb, at all. Here's the latest -- but this is not the fault of NASA -- this is politico-hacks' fault:

. . .11:11 a.m. EST

Teams in the firing room at NASA’s Kennedy Space Center are experiencing an issue with ground communications and have moved to backup communication methods to maintain safe audio command and control. The launch director has decided to maintain the current vehicle state, continuing the liquid oxygen fast fill, but delaying moving into liquid hydrogen fast fill, while engineers troubleshoot the issue. . . .

11:45 a.m. EST

Normal communications have been restored, and NASA teams have made the decision to transition to fast fill of the SLS rocket’s core stage with super-cold liquid hydrogen. Core stage liquid oxygen remains in fast fill.

Fast fill rapidly loads hundreds of thousands of gallons of liquid hydrogen and liquid oxygen into their core stage tanks. During this process, teams also monitor for leaks and conduct engine bleed procedures to thermally condition the RS-25 engines for launch. Once fast fill is complete, operations will move to topping and replenish phases.

Up next, teams will start chilling down the liquid hydrogen tank on the interim cryogenic propulsion stage – or the upper stage – of SLS. . . .

So -- there is an argument we ought to do both -- in the near term (Moon; and Mars) as a stepping stone to boots on Mars. But we haven't solved the radiation shielding issue -- for humans to go to Mars. So we cannot use humans to collect these tubes, safely.

Yes, this is a very stupid time, in US administration / public policy toward (and in many cases, opposing). . . real science. Damn.

नमस्ते

Tangent: Indemnity? Only If Martin Shkreli Was Exercising His Rights "As Intended" Under The Purchase Agreement. He Wasn't.

So. . . Martin Shkreli has (through counsel) filed more papers in Brooklyn -- this time claiming to properly make the Wu- parties part of the PleasrDAO action. [I won't link them, as they badly misstate the law and facts of the case.] Even if these papers do that, his claim is now for indemnity (from the Wu-) for disputes about the "ownership" of the work.

That theory would be heard solely and exclusively at a "Mad Hatter's Tea Party". When Martin failed to pay the over $8 million he owed in criminal fines and forfeitures (as a result of three felony convictions), from his cash -- the able USDC Judge ordered his assets seized, and sold -- by operation of law. Not by contract -- by law. "All right, title and interest" in and to the Wu-. That is what was sold. And then resold, to PleasrDAO. There was nothing wrongful about the following of the court's order.

Martin could have avoided all this, had he come up with the $8 million he then owed. But he chose (again!) to stiff a judgment creditor -- this time, the federal government. Bad idea.

So he clearly lost every right he could ever have claimed in and to the Wu- work: box, IP, recorded voices -- and all. There is no reversionary interest left for him. And it is a complete fiction to claim otherwise. Federal judgments cut off contract claims. And his is a contract claim for indemnity (and the supposed 50% reversion). Silly stuff, Marty.

In any event, here is Bloomberg Law ($$ subs. req.) on it all:

. . .Convicted hedge fund manager Martin Shkreli said two Wu-Tang Clan rappers are contractually committed to fund his defense -- and any judgment against him -- in a trade secrets case over the group’s one-of-a-kind album.

Robert “RZA” Diggs and Tarik “Cilvaringz” Azzourgarh must indemnify Shkreli in any case arising from his ownership of “Once Upon a Time in Shaolin” under a 2015 purchase agreement, he told the US District Court for the Eastern District of New York in a third-party complaint filed Tuesday.

Shkreli previously failed to add the rappers as necessary plaintiffs and as counterclaim defendants in the suit initiated by investor group PleasrDAO. . . .

This will be. . . tossed. [Do also recall that, after PleasrDAO bought it, Martin was playing his "bootleg" (wrongfully copied and retained) versions, over Discord and on YouTube live streams -- for all to hear. He even admitted on the live-streams that he knew that course of action violated the contract -- the same one he now speciously tries to claim "indemnity" under. Yikes.] Onward.

नमस्ते

The Contempt Orders… Roll In, Against Tangerine's Govt. Lawyers…

This too may be where we are headed in the latest Chicago class action, Case 26-cv-321. [Both the order and the NYT story are linked here.]

These jerks are not above the law -- see here:

. . .According to the ruling, by Judge Laura M. Provinzino of Federal District Court in Minnesota, the government failed to return “identification documents” belonging to Rigoberto Soto Jimenez, a detained immigrant whom she had ordered to be released with all of his property returned. The judge ordered a $500 daily fine imposed on Matthew Isihara, an administration lawyer, for each day the documents are not returned, beginning on Friday. . . .

'Bout time! Onward, grinning.

नमस्ते

This Is... Difficult News -- Even Decades Later.

True enough -- six have survived. And all were very experienced back country skiers, we are reliably informed.

But the central object lesson here is that some times. . . the snow is so unstable, and the slide opens nearly instantaneously -- without warning or sound -- and comes down in overwhelmingly massive waves. . . such that nothing would prevent tragedy. Nothing other than not being on the mountain at all, that day.

Here is the NYT's reporting, so far:

. . .The bodies of eight skiers killed during an avalanche were found during a rescue effort late Tuesday in California near Lake Tahoe. Six skiers from their party survived and were evacuated, while one member of the group remains missing and presumed dead in what is already the deadliest avalanche in modern California history. . . .

The skiers, including four guides, had been finishing up a three-day backcountry expedition in a rugged but popular recreational area near Castle Peak. The six survivors were able to use a combination of emergency beacons and iPhone S.O.S. functions to contact rescuers, who braved treacherous conditions to reach them. . . .

There are old back country skiers. . . and there are bold back country skiers. . . but there are very few. . . old, bold such skiers. May they rest in pow[d]er. Onward -- but there is still (likely) one body, to retrieve off the mountain, when conditions improve. Yikes.

नमस्ते

Much Of The Long Overdue Hudson Tunnel Federal Payments Have Been Made -- Under Court Orders, In Manhattan As Of Today And Tomorrow. Whew.

So. . . is the end of a bad thing -- is that. . . a good thing? I am uncertain. I am certain, however -- that it should never have happened.

Trump's monstrous vanity was all it was. New York will not rename the tunnel after him. So he lawlessly tried to stop the workers from being paid their wages. What an a$$.

In any event, here's that three page Treasury status report -- on payments so far:

. . .With respect to the three loan agreements executed between the Build America Bureau (the “Bureau”) and GDC under the Railroad Rehabilitation Improvement Financing (“RRIF”) program, all outstanding reimbursement requests totaling $30,207,203 were paid on Friday, February 13. . . .

With respect to the Federal Transit Administration (“FTA”) grant agreements executed between FTA and GDC under the Capital Improvements Grant (“CIG”) program, GDC had $66,542,105 in outstanding reimbursement requests. On Friday, February 13, FTA approved the full $66,542,105 and transmitted this payment to Treasury. Treasury is processing the request. We understand that GDC should receive payment today or tomorrow. . . .

With respect to the Federal Railroad Administration (“FRA”) grant agreement between FRA and GDC under the Federal-State Partnership for Intercity Passenger Rail (“FSP”) program, GDC had $136,724,429 in outstanding reimbursement requests. On Friday, February 13, FRA approved $8.8 million, which covers the first of five invoices GDC submitted, and transmitted this payment to Treasury. We understand that GDC should receive the payment today or tomorrow. The remaining four invoices of approximately $128 million were approved Friday evening and were sent to Treasury today at 2:30 PM. We understand that GDC should receive the payment tomorrow or Thursday, February 19, 2026. . . .

This is. . . progress -- but it is simply atrocious that Tangerine 2.0 jerks hard working construction people around -- many living paycheck to paycheck -- like this. Damnation.

नमस्ते

Mayo and Merck: "Better... Together" -- A New R&D Collaboration.

The initial three areas of focus under the collaboration agreement are Gastroenterology -- Inflammatory bowel disease (IBD); Dermatology -- Atopic dermatitis, and Neurology -- Multiple sclerosis.

As ever, Merck is playing for the long term wins -- spanning decades perhaps. And it can afford to do so, with the pembrolizumab franchise to contribute over $20 billion a year, through the mid-2030s, now. Here's the latest -- and a bit, from both CEOs:

. . .Merck and Mayo Clinic, the world's top-ranked hospital system, today announced a research and development agreement to apply artificial intelligence (AI), advanced analytics and multimodal clinical data to support drug discovery and development. The agreement integrates Mayo Clinic's Platform architecture as well as clinical and genomic datasets with Merck's ambition to harness AI-enabled virtual cell technologies to enhance disease understanding, improve target identification and drive early development decisions. . . .

"New cutting-edge technologies are enhancing our ability to innovate with the potential to bring important new therapies to patients faster. By working with Mayo Clinic, we aim to integrate high-quality clinical data and AI-enabled insights into discovery research to improve target identification and, ultimately, the probability of success for our programs," said Robert M. Davis, chairman and CEO, Merck.

"By combining Mayo Clinic Platform's de-identified data, clinical expertise and Platform technology with Merck's world-class research and development capabilities, we are poised to speed innovative breakthroughs to patients and redefine drug development," said Gianrico Farrugia, M.D., president and CEO, Mayo Clinic. "This collaboration represents a new present and future for healthcare -- one where platform-based collaboration leads to more answers, more cures and better outcomes for patients worldwide. . . ."

So there's your power alley item of the day, for Wednesday. . . with a lovely 60-ish degree sunny day ahead, here. Excellent!

नमस्ते

USDC Judge Paula Xinis Rules Abrego Garcia Cannot Lawfully Be RE-Detained, By Rewriting A 2019 [Supposedly Non-Final] Administrative Order... Woot!

So it is, once again, that Kristi Noem possesses no "magic wand" that might (via evil pixie dust) undo a 2019 order -- one that controls this case in Maryland.

Any attempt to detain him should have happened in 2019. That didn't happen. So he is no longer subject to detention, as a matter of statutory rights. Here's her much anticipated ten page ruling in full, and a bit:

. . .The matter at ECF No. 112 is now ripe for resolution. For the reasons stated below, the Court grants Abrego Garcia’s request to convert the TRO to one for injunctive relief and clarifies that the Court’s habeas relief includes enjoining his re-detention under Zadvydas and its progeny, as previously articulated. . . .

To read the order otherwise, as [Noemites] Respondents suggest, would indeed rewrite the history of this case. It would restart Respondents “removal period” pursuant to § 1231, and by extension, eviscerate the removal period and the six years when Respondents did nothing to effectuate third-country removal. See ECF No. 110 at 7–14. Respondents reading would also conveniently erase this last year of Abrego Garcia’s detention and count none of it as relevant to the Zadvydas analysis. Because a “now for then” order cannot alter substantive rights or rewrite history, the Court must reject Respondents’ arguments. . . .

As to what this means for Abrego Garcia’s continued release, it secures rather than undermines it. The Court had previously articulated the many reasons why the teachings of Zadvydas demanded release. ECF No. 110 at 25–30. Those reasons, and the factual underpinnings for them, squarely apply now that Abrego Garcia has a final order of removal and withholding of removal to El Salvador as of November 2019. The Court incorporates the reasons articulated at ECF No. 110. . . .

Now you know -- grinning -- as expected. Onward, resolutely -- to the hearings in Nashville next week.

नमस्ते

The Head Of Kristi Noem's Agitprop Bureau... Is Departing In Two Weeks' Time. Woot!

It would seem plain that the bloom is off that rose, here. She knows she better get a gig at Faux or Brietbart, post haste -- because no one will listen to her, once the midterm blue tsunami is fully-digested.

So she bails. I doubt very much that she was encouraged to leave -- as she's been a very useful tool, in Noem's agitprop wars. But no more:

. . .One of the Trump administration’s most vocal defenders of its aggressive immigration crackdown is leaving as public opinion sours against the hardline approach, according to two DHS officials familiar with the move.

Tricia McLaughlin, Department of Homeland Security Secretary Kristi Noem’s spokesperson, is expected to inform colleagues Tuesday about her plans, according to the officials. She’s leaving DHS next week. . . .

A former top communications aide to Vivek Ramaswamy’s 2024 presidential campaign and Ohio Gov. Mike DeWine, McLaughlin started planning to leave in December but delayed her departure amid the aftermath of the Renee Good and Alex Pretti shootings, according to the people briefed on her exit. (They were granted anonymity to speak about internal personnel matters.) In the instance of Good, McLaughlin was quick to characterize her actions as an example of “domestic terrorism”. . . . [That was immediately proven false by multiple cell-phone video captures, in near real time. She was a mom (with her partner) who dropped her daughter off, at school -- and got caught in the middle. That much is clear.]

Don't let the gate hit you in the butt, on your way out here, sister. [And my advice would be to. . . go home, and take two weeks off -- to rethink your life -- though I highly doubt you will.]

नमस्ते

Same -- Same, Up In Minneapolis: No Warrant? Habeas -- The Great Writ -- Frees The Man.

And the same very much obtains, in the vast majority of warrantless detentions, up in Minneapolis -- see last week's ruling, by the capable USDC Judge Donovan Frank, there.

Do take a look, here:

. . .A district court may provide habeas relief to a person who is being detained in violation of the Constitution or laws of the United States. 28 U.S.C. § 2241(c)(3). That authority includes jurisdiction to hear habeas challenges to immigration-related detention. Zadvydas v. Davis, 533 U.S. 678, 687 (2001); Deng Chol A. v. Barr, 455 F. Supp. 3d 896, 900-01 (D. Minn. 2020). The burden is on the petitioner to prove illegal detention by a preponderance of the evidence. SeeMohammed H. v. Trump, 786 F. Supp. 3d 1149, 1154 (D. Minn. 2025). Respondents submitted a form response, arguing that Petitioner is subject to mandatory detention under 8 U.S.C. § 1225(b)(2)(A), and pointing the Court to their arguments in a pending Eighth Circuit case: Avila v. Bondi, No. 25-3248. As this Court has explained on multiple occasions, Respondents’ interpretation of § 1225 contradicts the plain language of the statute. See Jose L.M.S. v. Bondi, No. 26-cv-474, 2026 WL 185066, at *2 (D. Minn. Jan. 25, 2026); Omar E.F.G. v. Bondi, No. 26-cv-451, 2026 WL 184571, at *2 (D. Minn. Jan. 23, 2026); Victor S.M. v. Noem, No. 26-cv-400, 2026 WL 161445, at *2 (D. Minn. Jan. 21, 2026). Section 1225 applies to “applicants for admission” -- noncitizens who are either “present in the United States who ha[ve] not been admitted or who arrive[] in the United States.” 8 U.S.C. § 1225(a)(1). Section 1226 applies where § 1225 is inapplicable and provides immigration judges with the discretion to grant release on bond to noncitizens subject to removal proceedings. See id. § 1226(a). Here, Petitioner is not an arriving noncitizen because he has been in the United States for over three years. See Jennings v. Rodriguez, 583 U.S. 281, 289 (2018) (noting that § 1226(a) applies to “certain aliens already in the country”).

Petitioner is therefore subject to the discretionary bond provisions of § 1226(a), not the mandatory bond provisions of § 1225(b)(2). Having found that Petitioner is being detained unlawfully, the question becomes the correct remedy. A detainee being held pursuant to § 1226(a), as Petitioner is here, must have been served an arrest warrant prior to detention. . . .

As this Court has explained on multiple occasions, Respondents’ interpretation of § 1225 contradicts the plain language of the statute. . . . [Habeas granted -- detainee, released forthwith.]

Damn.

नमस्ते