Tangent: Well -- This Is... SILLY. One Cannot Sue People NOT Involved In a Federal Suit Via A "Counterclaim."

The able USDC Judge Chen in Brooklyn already ruled that the various members of the Wu- collective -- ones Mr. Shkreli has tried to mire in this -- his thefts -- are utterly. . . unavailing. That is the law of the case.

He was denied the right to add them as "necessary parties" last month. They are not necessary -- in fact, they are complete strangers to the USDC order of forfeiture, under which PleasrDAO paid for, and took -- all that Martin ever had -- in any form, as to the Shaolin materials.

But in Quixotic fashion overnight, Martin Shkreli has filed what he calls a counterclaim -- but he actually purports to sue new parties. In sum, various members of the Wu-. [That, to belabor the obvious, he cannot do, under the Federal Rules of Civil Procedure. In order to do it, he must file and serve an entirely new suit -- directly against the Wu- members. That he WILL NOT do. Thus, this is just a[nother] smoke screen.]

He alleges the Wu- members had no right to sell "his" interests. . . in this work.

That is preposterous, on its face.

He lost everything he ever had, here -- upon his conviction. When he could not pay the then ~$10 million he owed (now ballooned by other judgments to over ~$69 million), the court ordered all his right title and interest in the Shaolin [the sole copy of the Wu- work], also, a Picasso and an original "Enigma machine", among other things, sold. And. . . they were all sold off, by the US Marshals years ago.

After that, Martin Shkreli tried to sell [on eBay!] other bootleg copies -- and held "listening parties" and claimed he had stashed bootlegs, in safes around the world -- all while he was in prison in rural Pennsylvania.

He is flirting with going back up the river, here.

What an idiot.

नमस्ते

Merck Posts Another Excellent Year -- As Expected; Stock Rises On NYSE...

This company is very well-run. And it is hitting on all cylinders -- even down to refusing to overpay for Revolution Medicines, last quarter. It walked away when the bidding went beyond the rational. . . [reportedly above $35 billion].

So -- do your own diligence, but it is hard to see how a retiree seeking a fat dividend, and holding for a ten year plus horizon. . . could ever get hurt, by owning this name. [An increasingly aging US population (with health insurance) clearly works in its favor.] In any event, here's the latest -- of the local color, from CEO Davis, yesterday:

. . .Armed with what CEO Robert Davis called the “broadest and widest pipeline we’ve had in years,” Merck is preparing for its post-Keytruda future with what it foresees as a host of major sales opportunities over the next decade.

Thanks in part to its recent acquisitions of Verona Pharma and Cidara Therapeutics, the company sees new growth drivers delivering potential annual revenue of more than $70 billion by the "mid-2030s," Merck said in its fourth-quarter and full-year earnings presentation (PDF).

To put the $70 billion number into context, Davis pointed to the figure as being more than double the $35 billion Keytruda is expected to pick up during its peak sales year in 2028. The oncology superstar is slated for a loss of exclusivity (LOE) in 2028, and a growing pipeline of Keytruda biosimilars is already lining up to take a shot at the drug’s massive market. . . .

Now you know -- but that's it, for the power alley, I'm afraid, for today. Grin.

नमस्ते

Meanwhile, In Maryland, Abrego Garcia Remains Free -- Due To Noemite Lies. So It Goes...

While we await the February 26 hearing in Nashville, Mr. Hecker is winning, in keeping Abrego free in Maryland -- despite Noemite efforts to re-write a 2019 order that Trump 1.0 clearly botched.

And Noem's team is lying about almost every aspect of its prior detention of Mr. Abrego Garcia. Here's the latest:

. . .In any event, no matter when the removal period began, detention under § 1231(a) remains impermissible. The Government may detain Abrego Garcia under § 1231(a) only to timely effectuate lawful removal. But as this Court found in granting habeas relief, the Government’s conduct -- including serially designating countries it knew “never agreed to take” Abrego Garcia and making “misrepresentation[s]” to the Court that Liberia was the only viable removal country -- “reflect[s] that whatever purpose was behind his detention, it was not for the ‘basic purpose’ of timely third-country removal.” ECF No. 110 at 28–29 (citing Zadvydas, 533 U.S. at 697).

Nothing has changed on that front. The Government identifies no new evidence that re-detention would now serve any legitimate purpose. To the contrary, its submission confirms that it still refuses to remove Abrego Garcia to Costa Rica, the country he designated and the only one to which removal would presently comply with the Immigration and Nationality Act (INA) and due process. And the Government has neither identified any other viable removal destination, nor taken the steps constitutionally required before removal to any other country could occur. What has prevented Abrego Garcia’s removal is not this Court’s injunction, but the Government’s failure to pursue removal “consistently with the INA and due process.” ECF No. 110 at 12 n.10.

The Court should therefore maintain its injunction until the Government demonstrates that re-detention and removal of Abrego Garcia would comply with the INA and due process. . . .

Onward, resolutely -- with a NASA press conference at Noon Central time, on Artemis II likely launch delays.

नमस्ते

I Want To Re-Up, And Highlight The Majestic Three Pager, From West Texas -- That Freed Lil' Liam Ramos...

This is fewer than 200 words. But it is a Boston Tea Party moment, in that it forcefully finds that Noem (and her minions) are now a cruelly lawless. . . phlanx. . . of Red-Coats.

Do read it all -- and especially, read the New Testament verses cited [Matt. 19:14 and John 11:35] -- at the bottom of Liam's photo. Those are for anyone who claims to be "christian" -- but supports MAGA and Tangerine 2.0:

. . .Civics lesson to the government: Administrative warrants issued by the executive branch to itself do not pass probable cause muster. That is called the fox guarding the henhouse. The Constitution requires an independent judicial officer.

Accordingly, the Court finds that the Constitution of these United States trumps this administration's detention of petitioner Adrian Conejo Arias and his minor son, L.C.R. The Great Writ and release from detention are GRANTED pursuant to the attached Judgment.

Observing human behavior confirms that for some among us, the perfidious lust for unbridled power and the imposition of cruelty in its quest know no bounds and are bereft of human decency. And the rule of law be damned. . . .

[Matt. 19:14] And if you are willing to accept it, he is the Elijah who was to come. . . .

[John 11:35] Jesus wept. . . .

These MAGAts might also consider Matthew 25:36-40: "...I was naked and you clothed me, I was sick and you visited me, I was in prison and you came to me.’ Then the righteous will answer him, saying, ‘Lord, when did we see you hungry and feed you, or thirsty and give you drink? And when did we see you a stranger and welcome you, or naked and clothe you? And when did we see you sick or in prison and visit you?’ And the King will answer them, ‘Truly, I say to you, as you did it to one of the least of these my brothers... you did it to me...." Indeed.

नमस्ते

[U: Earliest Launch -- Now, Late March.] Hydrogen Leaks Again Encountered By Artemis II Launch Vehicle At The Cape…

UPDATED: As we suspected, after the press briefing -- the crewed launch is. . . delayed. The astronauts will exit Houston quarantine, and re-enter at some point in March. ". . .Engineers pushed through several challenges during the two-day test and met many of the planned objectives. To allow teams to review data and conduct a second wet dress rehearsal, NASA now will target March as the earliest possible launch opportunity for the flight test. Moving off a February launch window also means the Artemis II astronauts will be released from quarantine, which they entered in Houston on Jan. 21. . . ." End, update.

Not shocking, if you've been following my coverage of these developments over the last couple years, but NASA will jold a debriefing tomorrow, with the press. It now seems unlikely that the crew will be shipped out of quarantine in Houston, to the Cape -- for any launch prior to. . . March.

We shall see -- and we will let you know what we hear tomorrow. See this from PBS:

. . .NASA ran into exasperating fuel leaks during a make-or-break test of its new moon rocket Monday, calling into question how soon astronauts could take off for a trip around the moon.

The leaks -- reminiscent of the rocket's delayed debut three years ago -- sprang just a couple hours into the daylong fueling operation at Kennedy Space Center.

But just a couple hours into the daylong operation, excessive hydrogen was detected near the bottom of the rocket. Hydrogen loading was temporarily halted, with just half of the core stage filled.

The launch team scrambled to work around the problem using techniques developed during the only other Space Launch System rocket launch three years ago. That first test flight was plagued by hydrogen leaks before finally soaring. . . .

Do stay tuned. Updates coming -- mañana. . . .

नमस्ते

Tonight, An Avowed Racist KKK/MAGA Blogger Tells Odious, Pungent Lies -- On Violent Crime Rates -- In Tennessee

To be certain, Tennessee is -- in many ways, a vibrant and wonderful place -- especially in the downtown Gulch of Nashville, and on Beale Street, in Memphis.

In other ways, though, it still is. . . rather backward. Still in some ways stuck in the antebellum era prejudices. The wrong-headed MAGA driven local law in Tennessee requires local DAs state-wide to track the number of violent crimes they believe were committed by. . . immigrants. Not people without papers, per se -- just those who "look" foreign born. [Or something. Damn.]

This stink-pot of a blogger tonight makes the wild-eyed claim that, based on this BS "data" -- something like one-seventh of all crime nationwide is committed by "immigrants".

What an ass.

Nowhere does he bother to mention that in Tennessee (where only about 2% of the US population resides) fully 583 murders were committed last year by US citizens there. [That compares to... yep -- 41 by purported immigrants.]

So -- essentially all violent crime is perpetrated by our own citizens -- not "immigrants", you dipsh!t.

What a feckless lying a$$hole.

May that blogger burn in Hell.

Out.

नमस्ते

Noem/Bovino Both Now In Hot Water In Chicago -- For Violating 2018 Settlement Terms. More Due Tomorrow Night, In Case No. 18-cv-3757.

The Noemites have now deeply aggrevated a very capable USDC Judge in Chicago, by wantonly violating settlement orders Trump agreed to in his first term. This will all be very droll -- starting tomorrow.

So. . . here's that three page federal order, just entered; and a bit:

. . .The February 3, 2026 deadline for defendants to respond to plaintiffs’ proposal and request for relief as set forth in the parties’ January 16, 2026 joint status report stands.

Plaintiffs shall file a combined reply in support of their motions on or before February 10, 2026. This matter is set for an in-person hearing on plaintiffs’ motions on February 13, 2026 at 11:00 a.m. . . .

Buckle up, buttercup!

नमस्ते

Update: Mr. Abrego Garcia's Evidentiary Hearing In Music City Will Be Thursday, February 26, 2026.

I'll get in by jet on that Wednesday evening, before. So I'll be in the gallery in Courtroom 3D, early, for a seat.

And. . . do look for fireworks!

. . .The evidentiary hearing previously set on January 28, 2026 is reset for February 26, 2026, at 9:00 a.m.

IT IS SO ORDERED. . . .

Onward. . . grinning.

नमस्ते

And Now, The Ongoing Mpox Clade 1b Outbreak Has Reached... Moscow. If Putin Notices, Trump Might Too(?)...

It seems almost crazy to say it aloud, but perhaps if Putin makes a statement. . . then Tangerine 2.0 might take notice. Perhaps.

But that is where we are, right now. Here's that latest item -- and a bit:

. . .A second patient diagnosed with mpox. . . has been admitted to Domodedovo Hospital in Moscow, Russian media report.

As reported by Azernews, citing foreign media, the announcement was made by Andrey Osipov, the hospital’s chief physician.

Osipov said that Russia’s Federal Service for Surveillance on Consumer Rights Protection and Human Well-Being (Rospotrebnadzor) has launched an investigation to identify the possible source of infection and trace all contacts of the infected individual.

Preliminary information indicates that the newly diagnosed patient had contact with the first mpox patient who was previously hospitalized at the same medical facility. . . .

Now you know. Onward, resolutely.

नमस्ते

Bad Bunny: First “Album Of Year” As A Spanish Language Album…

The times. . . they are a-changin'.

Nicki Minaj is. . . out. Humanity. . . is in (per Variety):

. . .Bad Bunny has made Grammys history as the first Spanish-language artist to win album of the year with his hit album “Debí Tirar Más Fotos.”

He beat Justin Bieber (“Swag”), Sabrina Carpenter (“Man’s Best Friend”), Clipse, Pusha T and Malice (“Let God Sort Em Out”), Kendrick Lamar (“GNX”), Leon Thomas (“Mutt”) and Tyler, the Creator (“Chromakopia”) in the category. . . .

In his [earlier] acceptance speech, the Puerto Rican musician got right to the point.

“Before I say thanks to God, I’m going to say ICE out. We’re not savage, we’re not animals, we’re not aliens. We are humans and we are Americans. Also, I will say to people, I know it’s tough to know not to hate on these days and I was thinking sometimes, we get contaminados [contaminated], I don’t know how to say that in English. The hate gets more powerful with more hate. The only thing that is more powerful than hate is love. So please, we need to be different. If we fight, we have to do it with love. We don’t hate them. We love our people. We love our family, and that’s the way to do it. With love. . . .”

Onward.

नमस्ते

USDC Judge Boasberg: Completely Exonerated, After Bondi Smear…

This should surprise no one who's been paying attention.

He's a very fine jurist, and this proves it:

. . .After conducting an initial review, the chief judge of a circuit may dismiss a complaint of judicial misconduct if he concludes:

(A) that the claimed conduct, even if it occurred, “is not prejudicial to the effective and expeditious administration of the business of the courts”;

(B) that the complaint “is directly related to the merits of a decision or procedural ruling”; (C) that the complaint is “frivolous” because the charges are wholly unsupported; or

(D) that the complaint “lack[s] sufficient evidence to raise an inference that misconduct has occurred.” Judicial-Conduct Rule 11(c)(1)(A)–(D); see 28 U.S.C. § 352(a), (b).

This complaint warrants dismissal. . . .

Now you know. Onward, resolutely.

नमस्ते

Brrr.

If it doesn't run inline, just paste the url below into your browser. Brr:



https://assets.science.nasa.gov/content/dam/science/esd/eo/images/iotd/2026/extreme-january-cold/coldairanim_gmao_20260129.mp4

Stay toasty!

नमस्ते

[U: Opinion, Linked In Full] Who Needs To Be... ORDERED(?)... To Release A Kidnapped 5-Year Old?! WHO?!

Lil' Liam Ramos (and his father) are to be freed, in dusty West Texas by Sunday Tuesday morning -- and returned by jet (at govt. expense), to Minnesota.

That's a small relief.

But what sort of monster thinks these are acceptable tactics of engagement?!

Kristi Noem must be cashiered, immediately. Out.

नमस्ते

The Able USDC Judge Menendez, In Minneapolis... Is Right.

But this is a very narrow, small ruling. [You may see my prior backgrounder on it, here.]

Yet to be decided are all the merits claims. And she's right, Mr. Ellison cannot (relying solely on the "authority" of the federal Tenth Amendment) simply bar ICE from the state. If acting lawfully (which it is undisputed, they have NOT been so acting), they do have a right to enforce the immigration statutes. If acting lawfully. Much more to come, but here is her Saturday opinion and order. It is a well-taken position, on bedrock law:

. . .The Court pauses to observe what it is not deciding. At this stage, the Court makes no final determination on the merits of any claims asserted by Plaintiffs. Nor does the Court offer any opinion about the wisdom of Operation Metro Surge. And the legality of many of the specific actions taken by federal agents during the operation is not before the Court in this case. Instead, the Court only decides whether to grant the extraordinary remedy of a preliminary injunction halting a federal law enforcement operation based upon the Tenth Amendment.

In answering this question, the Court must view Plaintiffs’ claims through the lens of the specific legal framework they invoke, and, having done so, finds that Plaintiffs have not met their burden. For the reasons discussed below, the motion is denied. . . .

Now you know. Smiles. . . baby girls here tonight!

नमस्ते

Updated Clade 1b Totals: Mpox Outbreak In... Madagascar. Ugh.

As we end January, we will update the rather alarming growth in Clade 1b cases, in the nation: from five as of New Year's Day -- to 228 of them, this morning. Damn.

There have been no fatalities yet, but we do know that the debilitating physiological (and social shunning) after-effects, even after recovery -- can last two to three years. Here's the latest (from ReliefWeb) -- and a bit:

. . .Madagascar is experiencing its first documented Mpox epidemic (clade 1b), which began in epidemiological week 51 of 2025 (end December 2025) and continues as an active outbreak. As of the latest situation report dated 12 January 2026, the country has recorded 228 total cases (24 confirmed by laboratory testing and 204 suspected cases) with zero deaths reported among both confirmed and suspected cases. . . .

The outbreak originated and remains heavily concentrated in Boeny region, specifically Mahajanga I district, which accounts for 150 of the 228 cases (66% of national burden) with 17 of the 24 laboratory-confirmed cases.

Geographic expansion has occurred progressively since the initial detection, with cases now reported across 16 of Madagascar's 23 regions including the capital region Analamanga. . . .

Now you know -- and USAID is -- as ever, sidelined. Onward -- to shovel, again this morning. . . grin.

नमस्ते

Don't Be Shocked If Weather Scrubs Monday's Tanking Event, For Artemis. Florida Is Still Gonna' Be... Damn Cold!

In fact, don't be shocked if the crewed ride around the Moon. . . slips into March 2026.

There are those who still believe there is a "leak" problem with the tanking, which would be exacerbated by extreme cold weather (creating wider gaps in metal and rubber flanges). But I will as ever, keep a good thought, for the very brave crew. Here's the latest:

. . .NASA is targeting Monday, Feb. 2, as the tanking day for the upcoming Artemis II wet dress rehearsal at the agency’s Kennedy Space Center in Florida, as a result of weather. With this change, the first potential opportunity to launch is no earlier than Sunday, Feb. 8. . . .

Over the past several days, engineers have been closely monitoring conditions as cold weather and winds move through Florida. Managers have assessed hardware capabilities against the projected forecast given the rare arctic outbreak affecting the state and decided to change the timeline. Teams and preparations at the launch pad remain ready for the wet dress rehearsal. However, adjusting the timeline for the test will position NASA for success during the rehearsal, as the expected weather this weekend would violate launch conditions.

. . .NASA will wait to set a launch date until teams have reviewed the outcome of the wet dress rehearsal. . . .

Now you know -- and I do see you -- in the cold! Smile.

नमस्ते

Tangent: See -- "The Movie Biz... Is Hard", You Old Dotard...

This is of course, trivial.

It should not be news, at all -- but Tangerine 2.0 has indicated, in off-the-cuff remarks, that he may sign an executive order, requiring all US public middle school kids to view it. [Hmmm. That doesn't smell at all like. . . the Hitler Youth, does it?!]

In any event (regardless of whether he follows through with that Putin-esque move), here's a bit from the Non Kool-Aid-drinking media:

. . .A WIRED analysis on Jan. 29 found that Melania Trump’s documentary, released on Jan. 30, filled theaters in just two locations: AMC Classic Indian River 24 in Vero Beach, Florida, and AMC Independence Commons 20 in Independence, Missouri. . . .

Melania opened in an estimated 1,500 to 2,000 theaters nationwide. Throughout the week, social media was flooded with screenshots of poor pre-sales and empty theaters. In Minnesota, the Mann Plymouth Grand 15 theater cancelled screenings altogether. The state is currently facing a widespread immigration crackdown; two residents of Minneapolis, Alex Pretti and Reneé Good, were killed in separate shootings by federal agents. On the same day as Pretti was shot, Melania was privately screened for a select audience at the White House. . . .

Tone deaf. And -- I love that most theaters have pulled it altogether. Due to zero ticket sales. Hilarious. [I promise to offer something more. . . worthy, over the weekend. Smile.]

नमस्ते

Moderna's Mr. Bancel Was Not Kidding -- When He Said Trump Has Made It "Impossible To Make a Return" -- On New mRNA Vaccine / R&D Candidates...

And as Exhibit A, the chief bio-science architect (and an MD, to boot) of the wildly successful 2021-23 Covid vaccines. . . is departing, in favor of an. . . oncology veteran, with prior experience at Astra-Zeneca -- and Bristol Myers Squibb. Damn.

Here is all of that -- and a bit:

. . .Moderna. . . [announced that] Chief Medical Officer Jacqueline Miller, MD, who led the development of the company's mRNA-based COVID-19 vaccine Spikevax, will step down effective March 2, 2026. . . .

Miller joined Moderna in 2020 as the therapeutic area head for infectious diseases. Her departure comes at a pivotal moment for the company, which is seeking to plug the revenue gap left by waning demand for COVID products and turn its mRNA platform into a broader, durable franchise. . . .

David ⁠Berman will fill the role, as Chief Development Officer, starting March 2, 2026. . . . Before joining Moderna, Berman served as head of research and development at Immunocore and ⁠has previously held senior roles at AstraZeneca and Bristol-Myers ‌Squibb. . . .

Now you know. But Trump and Kennedy Jr. are killing our leadership -- in next gen vaccines, ones that rely on mRNA as the tech. Damn.

नमस्ते

[Another Tangent -- Back To Normal, Monday:] Musk Says His SpaceX May "Merge" With... His Tesla?! A Hilarious Deflection, From His Inability To Sell More... Autos.

When Tesla posted its first-ever "year under year" -- of dropping sales revenue -- two days ago... we knew he'd have to have some sort of "reality distortion bubble" ready to go for the rubes who've paid about a 290 times price multiple, compared to Tesla's actual earnings for its stock.

Said another way, it will take Tesla (at the company's current pace) about a third of a century to cover the price the rubes bought in at, last summer.

Ouch.

So now he says his two companies may. . . merge:

. . .Elon Musk's SpaceX reportedly is considering a merger with Tesla (TSLA) or xAI before the private space company's expected IPO later this year. Tesla stock [rose] Friday after falling Thursday following earnings. . . .

SpaceX is mulling a combination with the EV giant or Musk's artificial intelligence startup xAI, Bloomberg reported late Thursday, citing sources. That could help with the likely substantial financing needed. . . .

If "one quagmire is NOT deep enough -- let's just DOUBLE its footprint in this swamp."

D A M N.

You've been repeatedly warned.

[And Musk's X-itter is losing money like crazy, as well. Hilarious.] Out.

नमस्ते

Friday Trivia/Tangent: Bitcoin Crashed To Just Over $81,000, Overnight...From Just Under $90,000 Last Week. Ouch.

Meanwhile, the Bitcoin miners are claiming that miners will benefit from the fact that some purported AI companies are out raising money — like Anthropic… alleging they will spend most of that on Riot future leased data centers (not yet built!). [Updated -- OpenAI, now, as well.]

What?!

So — the Bitcoin miners' [bulls’] case now relies on a spend of money that hasn’t been raised yet — for buildings that haven’t been built yet — to lease at the lowest bidders’ rack space price, in dusty West Texas.

That notion is. . . self deflating. . . all as huge lazy flakes wheel in slow motion, down here -- from a gray sky. Smile.

All I can say is. . . look out below [this is a dump, from the October 2025 ~$126,000 all time highs].

Trump's endless chaos is wrecking the "risk on" appetites, in capital markets. [I suppose that's a silver lining -- of sorts.]

नमस्ते