[U] New: Trump Is Running Unlicensed Private (Florida-Based) For-Profit Prisons -- To Hold Asylee-Children, For Six Months At A Time...

Updated: As of Saturday morning, June 1, 2019 -- NPR is now hosting the below document, and carrying a story on it all. Nice. End, update.

This just came to light last night, in California's Los Angeles federal district courthouse -- in the Flores class action.

Despite orders to promptly release children it had separated from their families, the Trump administration continues to shuffle these hundreds of unaccompanied children between various $750 a day per child private, "for profit" prisons (each run by Trump donors!) -- directly contrary to a prior federal court order, each a facility that is NOT licensed as a childhood care facility in the relevant state(s). Read all 37 pages -- but here is a bit of it:

This man must be impeached. He is committing new crimes against humanity, daily. And that's before his impotent poo-fling, at avocado-toast eating US hipsters, overnight. It would be hard to write fiction more farcical that this. . . present reality.

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In About 20 Minutes Now... Bobby Three Sticks Speaks.

And now -- throwing significant uncertainty into the morning markets -- in about 27 minutes, Bob Mueller will make a substantial statement to the nation.

Buckle-up buttercup! This could well be... a Leon Jaworski moment. Watch, as history unfolds.

Updating after the address Shorter Mueller: I cannot clear the president of obstruction -- and so, I am referring this to the Congress, for impeachment, if that body decides to so act. . . . onward.

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My Best Guess? After Latest Events In The UK; EU -- Even If Boris Is PM... "Remain" Ends All Brexit Talk: 2021

I'll admit at the top, I no longer follow British politics as closely as I probably ought to, given the exposures some of my life science clients would have in the UK and the EU, if a hard Brexit were to come to pass this late summer. [There is just a wriggling fire-hose -- full of nonsense to stay after -- here in the US. And only so many hours in the day.]

Having said that, I think "old Boris -- and the Brexiteers" [as capably outlined below] will do themselves in. And some time next year, or the year after, a new referendum will be held. . . and Remainers will win, by about 51 to 48. Here's The Guardian -- on it all [opinion pages]:

. . . .Remainers won this European election and they would win a referendum too: why else do leavers resist the minor inconvenience of another ballot with such ferocity? The real “betrayal” of democracy would be any move towards Brexit without popular consent.

Every media interviewer should challenge every Tory leadership candidate with the dishonesty of imposing their Brexit on what is now a remain nation. . . .

There is much more of the sensible British view, at the link -- do go read it. But I remain convinced that there will in fact be no abrupt, hard Brexit, nor will there even be half-way measures, toward it, before late 2020. And overall now, the likelihood of remaining in the EU. . . is greater than it has been, in almost four long years. Onward.

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More Daunting News From DRC: Closing In On 2,000 Ebola Cases... No Relief In Sight.

This is a near doubling of cases, just since January 2019. The trend-line is reversible, to be sure -- but is heading in the wrong direction, for all the reasons below. This is the kind of story that falls off the global news radar, in tumultuous times. But we must not let that be so. We must continue to follow it closely, and make it a real priority -- in public health / UN spending.

CIPRAP has it all, as of Friday -- however, on Twitter, Helen Branswell reports another death, in violence against a burial worker, as of last night. So I ticked the CIDRAP violence death total up one, from four to five:

. . . .In its daily update yesterday, the DRC's health ministry said nurses in Musienene health zone had a meeting yesterday to denounce death threats and destruction of health facilities over the past few days. The facilities were targeted over their participation in the Ebola response.

The nurses asked local authorities to take steps to tamp down the violent threats and said they will go on strike if the threats don't stop.

Also, the ministry said targeted violence in Beni and Lubero has led several doctors and nurses to move or temporarily leave their homes, forcing some health facilities to close their doors. It added that the worst area is Kyondo health zone, where Kyakumba Reference Health Center has been closed since May 21 owing to physician and nursing staff fearing for their safety.

Since Aug 1, 132 attacks against medical units have been reported, which has resulted in 38 injuries and [5] deaths in health workers and patients, the ministry said. . . .

Separately, by Tuesday night, I'll likely have offered some revised Brexit thoughts, given the Boris election junk in the UK. . . . enjoy a peaceful Memorial Day 2019, now, one and all.

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[U] And... Trump's Diversion Of Funds For His Adder-Wall® Is Enjoined...

I really don't want to waste any more of a holiday weekend pointing out the obvious. Trump is again. . . a loser.

In two cases we've covered here, in the past -- Trump has been enjoined, in both.

First, the wall (as we said) is no true emergency. So, his diversion of funds to build it was preliminarily enjoined Friday.

Separately, the purported ban on abortion (to go effective July 1, 2019) in Alabama has been enjoined the day after the ACLU brought suit. So it is stayed until all appeals are concluded. The able judge there opened his opinion with "here we go, again. . ."

Updated — here is why he lost on the banking and accountants’ Congressional Subpoena matters: no president, acting alone, may repeal 2 U.S.C. § 192, simply by telling his bank to willfully violate federal law.

Similarly, no president may “insta-repeal” the Ethics in Government Act, the Congressional Budget and Impoundment Control Act of 1974, the War Powers Resolution, and the Independent Counsel Statute… all passed after Watergate — by his filing of a specious suit.

That was not a close call. Not even remotely close.

Finally, last night while decrying a former vice president of the United States as a "low IQ moron" (by tweet). . . Trump misspelled Mr. Biden's last name. It is all of five characters long. BTW, he expressed approval of North Korea's murdering dictator in the same tweet, seeming to prefer that dictator, over a prior US VP. Those are truly the ravings of a demented, bitter old man.

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What's Next, At The Federal Appellate Level -- For Trump's Subpoenaed Accounting Records...

A joint motion (quoted below), filed this afternoon in DC, sets out what the parties would like.

Now we wait to see whether the DC Circuit panel even feels it needs any argument, or any briefing, on what is an extremely well-settled bit of law. The Circuit could affirm, and pass it straight to the Supremes, or it could simply certify the question, to the Supremes, as well -- since we know Trump is going there, when he loses. In any event, here is the bit:

. . . .If the Court agrees that expedition is warranted, the parties propose that the appeal proceed as follows:

1. [Trump's] opening brief will be filed by June 12, 2019.

2. [The House Committee's] response briefs, if any, will be filed by July 3, 2019.

3. [Trump's] reply brief will be filed by July 12, 2019.

4. The parties respectfully request that the Court hold oral argument as soon as the Court deems practicable.

If the Court grants this joint motion to expedite, the Committee, through counsel for the House of Representatives, agrees to suspend the time for production set by the subpoena during the pendency of this appeal. Mazars agrees to continue collecting and preparing responsive documents but not to produce any documents in response to the subpoena during that period. . . .

We shall see -- but I would expect a ruling in a day or two. The order from the able Judge Mehta takes effect in five days now -- unless someone orders it stopped. Now you know.

नमस्ते

A FIFTH Guatemalan Child Has Died, At The Border -- While In US Custody...

If one were to imagine what Trump might say or do, had five US children died in jails in Guatemala, in the last few months. . . .

One might get a sense of why it is so terribly. . . wrong that this administration doesn't even register a blip, as it effectively kills defenseless children with its border separations. He had been waiting a week, to see medical professionals. That is tantamount to. . . murder.

These child detentions are all unlawful. Here's a bit, from The New York Times:

. . . .A 16-year-old Guatemalan boy who officials said was sick with influenza was found dead at a Border Patrol station in South Texas on Monday morning, after a week of waiting in holding facilities to be sent to a shelter for migrant children. . . .

Carlos Gregorio Hernandez Vasquez, was the fifth migrant child — all of them from Guatemala — to die in Customs and Border Protection custody. . . .

Deplorable. This man -- his "policies" -- and his minions. . . are all deplorable.

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Merck Will Pay About $1 Billion In Cash -- For Peloton Therapeutics...

This company was in the process of going public, so there is a wealth of information in its S-1, as to what it does -- and what it hopes to do.

Do enjoy reading all about it. Clearly it impressed the oncology R&D mavens at Kenilworth. So now it will be part of their stable. Here's a bit, from The Street:

. . . .Under terms of the agreement, Merck, through a subsidiary, will acquire all outstanding shares of Peloton in exchange for an upfront payment of $1.05 billion in cash, the company said. Peloton shareholders also will be eligible to receive a further $1.15 billion contingent upon successful achievement of future regulatory and sales milestones for certain candidates.

Peloton's lead disease-fighting candidate, PT2977, is a so-called "novel oral HIF-2α inhibitor" - an oral treatment designed to fight late-stage development of renal cell carcinoma, or RCC, a form of skin cancer. . . .

Now you know. Onward, with my adult kids -- for one more day. . . smiling.

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[U] Also No Surprise: Congress May [By Subpoena] Investigate The President's Financial Wrongdoing -- Ever Since 1860, And Pres. Buchanan...

UPDATED -- later Monday night: As proof that the Universe has a keen sense of karmic justice, Trump's already-filed appeal of the below order has been assigned tonight to. . . wait for it. . . an exceedingly able would-be, shoulda'-been Supreme Court Justice [but instead still an appeals court judge] -- one Merrick Garland. Delicious. He will simply apply the law, and Trump will lose -- but it will be sweet irony, just the same. End update.

Trump now has seven days, and then -- unless the DC Circuit Court of Appeals [not likely], or the US Supreme Court [vanishingly unlikely], grants an emergency appeal to Trump -- Trump's accounting firm must turn over his records, from 2011 to date.

This is exactly as we predicted, from the able Judge Mehta, in DC. We are a nation of laws, not men. A bit, from the 41 pager, tonight:

. . . .On April 15, 2019, the Committee on Oversight and Reform of the House of Representatives issued a subpoena for records to Mazars USA LLP, a firm that has provided accounting services to President Trump. The subpoena called for Mazars to produce financial records and other documents relating to President Trump personally as well as various associated businesses and entities dating back to 2011. . . .

The decision to issue the subpoena came about after the President’s former lawyer and confidant, Michael Cohen, testified before the House Oversight Committee that the President routinely would alter the estimated value of his assets and liabilities on financial statements, depending on the purpose for which a statement was needed. For instance, Cohen said that the President provided inflated financial statements to a bank to obtain a loan to purchase a National Football League franchise. But when it came time to calculate his real estate taxes, the President would deflate the value of certain assets. To support his accusations, Cohen produced financial statements from 2011, 2012, and 2013, at least two of which were prepared by Mazars. . . .

The Committee also says that the records will assist in monitoring the President’s compliance with the Foreign Emoluments Clauses. These are facially valid legislative purposes, and it is not for the court to question whether the Committee’s actions are truly motivated by political considerations. Accordingly, the court will enter judgment in favor of the Oversight Committee. . . .

Couldn't happen to a nicer guy. Onward.

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No Surprise: Merck Wins A New Hearing, In The District Courts, On Wyeth Preemption.

We've been covering this narrative arc pretty steadily for eleven and a half years -- both as "Wyeth-style" pre-emption, as enunciated by the Supremes almost a decade ago, and in the Fosamax^® femur fracture cases -- more generally. [Those links are but three examples -- of hundreds of posts here, just search Fosamax.]

This morning, the US Supreme Court agreed with Merck. It did all it could to enhance the Fosamax warnings expected of it, under state law, and the US FDA specifically rejected the warnings, as label copy, under federal law. SO no suit for failure to warn should lie, the Supremes have held [courtesy of the sublime Scotusblog.com]:

. . . .Thus, in a case like Wyeth, showing that federal law prohibited the drug manufacturer from adding a warning that would satisfy state law requires the drug manufacturer to show that it fully informed the FDA of the justifications for the warning required by state law and that the FDA, in turn, informed the drug manufacturer that the FDA would not approve changing the drug’s label to include that warning. These conclusions flow from this Court’s precedents on impossibility pre-emption and the statutory and regulatory scheme that the Court reviewed in Wyeth. See 555 U. S., at 578. . . .

Judgment: Vacated and remanded, 9-0, in an opinion by Justice Breyer on May 20, 2019. Justice Thomas filed a concurring opinion. Justice Alito filed an opinion concurring in the judgment, in which Chief Justice Roberts and Justice Kavanaugh joined. . . .

Now you know -- onward, still with a houseful, of adult kids. . . . Smile!

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New Trump Admin. Status Report: Already, An Additional 4,108 Kids Likely Separated... Have Been Found.

I am disgusted. That's not the good news -- that's the bad. Here is the latest, in advance of tomorrow's hearing before the able Judge Sabraw, in San Diego.

I wrote about 900 words on this before my battery died on the train -- so do read this backgrounder.

The bottom line is that if we found over 4,100 in a few weeks -- and we ["we" is now appropriate, for Trump did this in all of our names!] only have until late October 2019, to find the rest -- potentially over an additional 46,000. . . that would put the total of kids ripped from families -- in clear violation of applicable federal law. . . at over 54,000.

Since the USA had and has the resources to have averted all of it, and we well-knew it was in violation of treaties, and law. . . Trump easily sinks below any third world dictator, for human rights violations, and wanton cruelty.

That is (and will be) his enduring legacy. He is. . . a monster, not a man.

Onward; entirely out of good will tonight.

[U, With 2016 Supreme Court Precedent] We All Know Alabama’s Law Is Unconstitutional.

Yes, it will fall. Just as the Texas attempts did in 2016, before the Supremes.

So too, with the pending Ohio, Mississippi and Georgia laws (already ACLU-challenged), and the proposal in Louisiana. [The now-dated graphic at right honors Sen. Doug Jones, now a very vocal supporter of women's rights of agency, over their own bodies -- in Mississippi, and nationwide.]

But the cruelty and depravity of it all. . . . saddens me, as I know the cruelty of it — is the end goal of the proponents. So in one sense, they’ve already won — at least a little.

Get active. Resist wherever and whenever you are able.

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In Court This Morning — But Two To Read...

I will come back to these — on the idea that Trump cannot deport “credible fear” would-be asylees to Mexico without hearings, first. Read Number One. . . And Number Two.

These come from a ongoing trial level matter, called Padilla v. ICE, in the federal courts in Seattle:

. . .Last month, this Court issued a preliminary injunction order requiring the government to provide Plaintiffs a prompt bond hearing that comports with due process. See Dkt. 110. Two weeks later, the Attorney General issued Matter of M-S-, 27 I. & N. Dec. 509 (A.G. 2019), holding that members of the Bond Hearing Class have no statutory right to a bond hearing. 27 I. & N. Dec. at 509-10.

If Matter of M-S- is permitted to go into effect, for the first time in nearly half a century, asylum seekers who are present in the United States after having effected an entry will be locked up pending their removal proceedings — for months and potentially even years — without ever receiving a bond hearing on whether their detention is justified, much less a hearing that provides due process. Defendants now seek to vacate the preliminary injunction based on this change in law. See Dkt. 114. Plaintiffs oppose Defendants’ motion on two grounds. . . .

As ever, onward.

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The Esteemed Prof. Tribe's Brief -- On Why Trump's Pardon Of The Criminal Joe Arpaio Should Fall...

We simply must offer (and commend) this, to the careful attention of anyone. . . who is a fan of life-long learning. Learning. . . what our founders intended, as they set out our framing documents, about the pardon power.

Here's a hint: they didn't countenance pardons for people who openly hindered and intentionally violated court orders which were designed to protect basic fundamental civil-, and human- individual rights.

Here's a bit of it, but do go read it all. It is likely that the Ninth Circuit will (as early as this Summer) hold that Trump overstepped his constitutional abilities, in pardoning the odious "Sheriff Joe".

. . . .Courts recognize that the pardon power is not unbounded; it is part of the constitutional scheme and must operate within constitutional limits. . . . The Arpaio pardon transgressed three such limits. . . .

[T]he courts [are vested by the Constitution] with independent authority to safeguard the rights of individuals. Critical to that independence is the judiciary’s power to enforce its own orders through contempt proceedings without relying on the whims of the executive branch. The Arpaio pardon undermines that independence and thus the judicial power to remedy violations of individual rights. . . . [T]he President’s duty [is] to take care that the laws be faithfully executed -- a responsibility that bars him from encouraging lawlessness by pardoning a figure renowned for his assaults on constitutional rights. . . .

No President may issue a pardon that interferes with the federal courts’ power to vindicate individuals’ constitutional rights through duly issued injunctions and contempt orders. And expanding the pardon power to enable total exoneration through vacatur is corrosive of the rule of law and outside the bounds of any recognized Presidential power. . . .

Enforcing these limitations, the Framers understood, would become the special province and structural role of the courts. “Limitations of this kind,” Hamilton wrote, “can be preserved in practice no other way than through the medium of courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void. Without this, all the reservations of particular rights or privileges would amount to nothing. . . .” THE FEDERALIST NO. 78, at 465. . . .

Now you know. And my boy, Hamilton -- is prominently featured. Smile. Onward.

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Latest Status Report Filed Overnight, In Ms. L. Class Action...

There will be another status hearing this afternoon, in San Diego, before Judge Sabraw.

Here is the latest 17 page update -- we still have perhaps 47,000 children to advise about their rights; and probably a third of those to yet. . . reunite with their parents.

Onward.

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We Now Have The Three Judge Panel Opinion: In The Refoulement Cases -- Innovation Law Labs...

This is not the "big win" Trump claims it is; it is procedural only. And the dissent is right; the majority is in error. There will be an appeal -- but this is a narrow opinion, an opinion about the standards for an injunction.

In the mean time, Trump still must articulate why Flores doesn't apply to the would-be asylees in question. And it does. So this is mostly. . . a nothing-burger. And it says nothing about Trump's (unbuilt) wall, despite his false tweets -- of this morning.

More broadly, it is astonishing to me that Trump sends lawyers into courts in this land, to do his bidding -- and the only path to doing his bidding, given the brazen violations of well-settled law he aims for -- is to simply ignore the plain meaning of a statute, and argue that the government is free to treat any one, essentially any way it. . . pleases.

And it is disturbing to me, personally, that these ambitious -- and in many cases, poorly-educated -- lawyers. . . do just that. Liberty University Law is no training ground for the Ninth Circuit or the Supremes. Here's the business end of the dissent, which will ultimately prevail, when the merits are reached -- from an 11 page PDF dissent, just handed down:

. . . .The Government’s argument ignores the statutory text, the Supreme Court’s opinion in Jennings last year, and the opinion of its own Attorney General in Matter of M- S-, less than a month ago. The text of § 1225(b) tells us that § (b)(1) and § (b)(2) are separate and non overlapping categories. . . .

In Jennings, the Supreme Court last year told us explicitly that § (b)(1) and § (b)(2) applicants fall into separate and non overlapping categories. . . . The Government argues that returning § (b)(2), but not § (b)(1), applicants to a contiguous territory would have “the perverse effect of privileging aliens who attempt to obtain entry to the United States by fraud . . . over aliens who follow our laws.” Govt. Brief at 14. In its Reply Brief, the Government compares § (b)(1) and § (b)(2) applicants, characterizing § (b)(2) applicants as “less-culpable arriving aliens.” Govt. Reply Brief at 5. The Government has it exactly backwards. . . .

On to the Supremes; or back to the trial court, on the merits. We await Innovation Law's decision on how it will next proceed. Onward.

नमस्ते

Oral Argument: Innovation Law Labs... It Did NOT Go Well -- For Trump's Claimed Expedited Removal "Protocol"

I am tardy in posting this oral argument. It runs over 58 minutes. The below is video, on YouTube, of the same audio feed linked here.

Here, Trump tried to trample on the rights of asylees to a hearing, by simply dropping them back in Mexico -- without regard to whether they were Guatemalan, Honduran, or Ecuadorian by birth or residence -- for just a few examples, in violation of 8 USC § 1225(b)(2) -- without asking if they had any "credible fear", of being dumped there.

The Ninth Circuit repeatedly hammered Team Trump about a US Supreme Court case decided last year, Jennings v. Rodriguez, 138 S. Ct. 830, 837 (2018), that simply negated Trump's supposed "view". They are toast. Stick a fork in them.

An asylee MUST be asked by the government -- if they have a credible fear, if returned. Trump says he alone, unlike any President in a half-century. . . may ignore required law. He says he need not even ask the asylee -- let alone hold the 8 USC § 1225(b)(2) required HEARING:

Now you know. Onward. In almost all cases, Trump is simply a lawless and generally. . . unthinking thug. A wanna' be dictator. We need to impeach.

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On Mars, InSight's Hammer/Drill-Bit Will Undergo Two Diagnostic Test Drillings, Tomorrow...

The progress here is intentionally cautious, slow and deliberate, so as not to damage the drilling mechanism, sheathed in a sharply pointed metal container. [My backgrounder from April 2019 is here.] If we bust it -- there is no repair crew to send out.

But progress, this is -- to be sure. One solution may involve using the arm to "bear down" on the outward facing legs, and thus increase friction -- to get the penetration fully underway. But we are still a few weeks from seeing that plan executed.

In any event, here is the latest, from our friends on the German contractor team:

. . . .Dividing the [diagnostic] hammering. . . allows a check during what space engineers call a “ground-in-the-loop” to see that nothing unexpected has happened. Unfortunately, there have been delays, first because of a temperature issue and an second an issue with the arm, both related to cautious safety regulations.

But we should be able to do the first round of what we call diagnostic hammering. . . tomorrow. It will be interesting to see whether we see movements of the tether. . . .

Onward, whilst smiling at the notion of more new life -- in the palace. It is indeed I think, the Infinite's opinion that this world should. . . go ever. . . onward.

नमस्ते

Some Life-Affirming News... Grin!

Even though the path to this eventual outcome remains highly unlikely, the news has me grinning, ear to ear -- one day, there may be a right-wise. . . brown King of England. . . smile. . .

नमस्ते

A Thousand Dead As Of Tonight, In DRC From Ebola, "The Fire This Time"

Ahem. A sad mile-marker, to be sure.

Here's the latest from the AP:

. . . .Ebola deaths in Congo’s latest outbreak are expected to exceed 1,000 later on Friday, the World Health Organization announced, as attacks continue on health workers trying to contain the virus’s spread.

The outbreak that was declared in eastern Congo in August is already the second deadliest in history, and efforts to control it have been complicated by a volatile security situation and deep community mistrust.

Ebola treatment centers have come under repeated attack, and a Cameroonian epidemiologist working with WHO was killed last month during an assault on a hospital in Butembo city at the outbreak’s epicenter. Another attack on Thursday in Butembo was repelled, said Mike Ryan, WHO’s emergencies chief. . . .

Onward -- we will keep you informed. Even so, trying to smile a bit, with a busy weekend ahead -- cheering at an Olympics qualifying Tri- race in Northern Wisconsin early Sunday, and baby girl sleep over Saturday night. . . after workouts and bike rides.

नमस्ते

Give All His "Dark Money" Donations Back, Mr. Trump: Insys Founder & Chairman Guilty, On RICO "Prescription Opiates Bribery" Felonies.

In view of his "very substantial non-US assets, and thus, risk of flight", house arrest has already been denied -- by the able US DC Judge.

His hearing is still underway, but he is likely to be taken into custody tonight -- instead of leaving the US DC courtroom in Boston, in a few moments. Here's the latest, from Forbes:

. . . .After more than three weeks of deliberation, a federal jury has found Insys Therapeutics founder John Kapoor, as well as three former Insys managers, guilty of racketeering conspiracy.

The trial against former billionaire Kapoor and four other company executives began in January and lasted into April. Insys managers Michael Gurry, Richard Simon, Sunrise Lee were also convicted. The executives were accused of conspiring to bribe clinicians to prescribe the company's fentanyl spray medication off-label. The jury began deliberations over three weeks ago on April 8. . . .

And as I said last week -- Trump ought to return all the "dark money" he took from this RICO a-hole. I'm off, for a walkabout in the rolling Spring fog, here -- writ, as ever. . . in water [borrowing. . . from William Butler Yeats].

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Q.: Will William Barr... End Up As John Mitchell Did?

After today's lunacy before Congress. . . .

He just.. . . might -- disgraced; disbarred. . . and perhaps, jailed.

Good evening, America. Look at 1973-74, to see what comes next. This is all so. . . familiar. May not echo, but it. . . rhymes. . . indeed. [And that is. . . post no. 5,000 here.] G'night.

नमस्ते