And The National Council Weighs In: "Tangerine 2.0 Is... NO KING". Full Stop. 240 Years Of Checks & Balances History -- In Context.

Do go read all 44 pages. It is a muscular, and well-reasoned refutation of the lawless Tangerine chaos "flood the zone" machine.

As I said it would -- the Council has laid 47 bare -- for all the world to see. His racism and sexism are on full-display here. And similarly, it has laid Elon Musk bare -- even screen-shotting his insipid, insolent Tweets. Woot. [Shumate, 47's lawyer. . . is plainly unable to make "silk, from this sows ear."]

. . .[Tellingly] the White House press secretary immediately announced that Memo M-25-14 was “NOT a rescission of the federal funding freeze,” but instead an effort to avoid the effect of this Court’s order. . . .

And the evidence shows that, although the government has restored access to some federal financial assistance, it has continued to implement the M-25-13 funding freeze, not just after the Court entered the administrative stay but even after the supposed rescission. Indeed, minutes before Plaintiffs submitted this filing, the only other Court to consider the issue determined, in a case brought by a number of state attorneys general, that “the policies in [Memo M-25-13] are still in full force and effect and thus the issues presented in the States’ TRO motion are not moot.” Order Granting TRO at 10-11, New York v. Trump, No. 1:25-cv-00039 (D.R.I. Jan. 31, 2025). . . .

Despite [this court's orders and] that [NYSD] order, open awards of federal financial assistance have not only remained frozen but have become frozen, even after the Court issued its administrative stay. For example, the National Science Foundation appears to have sent an e-mail to staff at 9:22 p.m. on Tuesday, January 28—more than four hours after the Court ordered an administrative stay -- instructing them to continue carrying out the freeze on open awards. . . .

Defendants cannot hope to describe that sweeping freeze as mere implementation of the relevant executive orders. So too, Colorado was unable to access payments on open federal awards that the state uses to fund public safety agencies such as the Colorado Department of Homeland Security and Emergency Management, among others. Id. at 30–32. Rhode Island was completely unable to access the HHS Payment Management System “through which most federal grant dollars flow. . . .”

[T]he balance of equities heavily favors a temporary restraining order here. The M-25-13 freeze is unlawful, and the government has no legitimate interest in its continued implementation. The government’s purported “rescission” all but concedes the point that Defendants will not be harmed if they are unable to implement that freeze.

The government further ignores the public interest beyond Plaintiffs’ injuries. Plaintiffs and their members have explained in detail how the freeze harms not only them, but also other similarly situated grant recipients, and the people that they serve. . . .

That hearing next week in DC will be. . . a banger! Now, we wait to see if Shumate will go to the office on a Saturday (tomorrow) to reply to the above; he must do so by tomorrow night, DC time if he intends to say any more on the topic. Onward.

His position is a dead-bang loser. [And the Council wisely chose not to waste ink in its page-limited by rule response, on the "King" nonsense. The able judge well-knows that this is in no manner "beyond contestation".]

नमस्ते