Welcome to European Tribune. It's gone a bit quiet around here these days, but it's still going.

October 2021

by Bernard Fri Oct 1st, 2021 at 05:27:08 PM EST

Your take on this month's news


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by Bernard (bernard) on Fri Oct 1st, 2021 at 05:27:55 PM EST
Up to 3,200 pedophiles worked in French Catholic Church since 1950, independent commission says
(CNN) Between 2,900 and 3,200 pedophile clergymen have worked in the French Catholic Church since the 1950s, the president of an independent commission on sexual abuse told CNN Sunday.

"We had to cross historical, sociological, medical and psychiatric perspectives. We had to call upon skills in the area of child protection, social work, questions of abuse and also bring to bear skills in the area of theology and law," said Jean-Marc Sauvé, ahead of the release of the commission's final report on Tuesday.

Read in Le Monde earlier today:

  • Jean-Marc Sauvé called the 2900-3200 range "a minimal estimate"
  • About 115,00 priests, in total, were exercising during the 70 years between 1950 to date
by Bernard (bernard) on Mon Oct 4th, 2021 at 06:52:17 PM EST
[ Parent ]
ECHR: Vatican can't be sued in European courts by sex abuse victims
The plaintiffs are seeking to hold Belgian and Vatican church leaders accountable for the "structurally deficient manner in which the Church had dealt with the problem of sexual abuse within its ranks," the court said in a news release (EN). The judgment was available only in French.  
[...]
However, the European Court of Human Rights said the Belgian courts had not erred in shooting down their claims against the Vatican because the Belgian courts "had not departed from the generally recognized principles of international law in matters of State immunity."
[...]
The dissenting opinion by Judge Darian Pavli buttresses the plaintiffs' chances of getting a grand chamber hearing. Pavli faulted the Belgian courts for not adequately examining the plaintiffs' claims that the Holy See may have been responsible for ordering Belgian bishops to cover up rape and molestation by clergy.
by Cat on Tue Oct 12th, 2021 at 05:57:17 PM EST
[ Parent ]
Politico.eu |  5 takeaways from Italy's local elections
National government intact
[...]
Democrat success
[...]
Right suffer, but not that much
[...]
From 5Stars to zero stars
[...]
Meloni on the rise
Politico.com |  5 takeaways from Italy's local elections
ditto
by Cat on Tue Oct 5th, 2021 at 12:31:23 AM EST
[ Parent ]
Politico.eu.com | Call to ban neo-fascist groups after violent protests in Rome
On Saturday, demonstrators trashed a union building and attacked a hospital emergency room as part of a day of violence that has been likened to the Capitol Hill riot in Washington in January. The protest left 38 police officers injured, with 12 protesters arrested including the leaders of a neo-fascist group called Forza Nuova (New Power).
[...]
The Democratic Party on Monday filed a motion in parliament calling for the government to dissolve neo-fascist groups, saying it is time to "end ambiguity about fascism" in Italy. ... The 5Star Movement, which is allied with the Democrats and is the largest party in parliament, also backed the motion.
by Cat on Tue Oct 12th, 2021 at 02:38:38 AM EST
[ Parent ]
Mytilineos lands major RES project in Italy
The RSD Business Unit is strategically positioned in the Italian market with a 1.7-gigawatt solar energy storage and green hydrogen pipeline. The projects are at different stages of development and located in 15 regions.
by Cat on Tue Oct 5th, 2021 at 01:09:56 AM EST
[ Parent ]
Latest Corona-related news in brief:
NATIONAL EMPLOYERS ORGANIZATION NHO wants state officials to clarify whether employers can legally demand that any sick employees test themselves for the Corona virus. As many return to the workplace after 18 months in home offices, it's unclear who's responsible for testing and covering the costs of sick pay.
by Cat on Tue Oct 5th, 2021 at 01:25:09 AM EST
[ Parent ]
EU finance ministers strike three countries off tax haven ["]blacklist["], ignoring Parliament's calls
EU finance ministers met on Tuesday (5 October) and approved the removal of Anguilla, Dominica, and Seychelles from the list.
archived a RAFT of documents 2017, Lagarde list 2012
by Cat on Tue Oct 5th, 2021 at 05:51:23 PM EST
[ Parent ]
The Netherlands too has a shortage of 10,000 truck drivers: NOS
Many truckers who work for Dutch firms come from eastern Europe, but are often denied salaries in line with their Dutch colleagues, according to trade union federation FNV. Some companies use complicated cross-border constructions to get round the Dutch pay scales. In July, for example, a Dutch transport company was ordered to give 10 Hungarian lorry drivers back pay which could run into hundreds of thousands of euros for failing to pay them a salary in line with Dutch requirements.
[...]
n the UK, where the shortage is much more serious, just 27 people have applied so far for one of 300 visas set aside for lorry drivers to deliver fuel to petrol stations, the Times reported on Tuesday.
by Cat on Tue Oct 5th, 2021 at 07:11:27 PM EST
[ Parent ]
by Cat on Tue Oct 5th, 2021 at 07:15:10 PM EST
[ Parent ]
formerly-known-as the DW 30-minute documentary Nigeria's Black Ax (secret society | fraternity | "mafia") global network of (slavery | human trafficking | prostitution | racketeering) managed by ( migrant "madames", colloq. US-Eng. bottom bitches) operating in Germany
by Cat on Wed Oct 6th, 2021 at 03:26:26 PM EST
[ Parent ]
German election chaos in Berlin -- what happens now?
The problem stemmed from the fact that more people were eligible to vote in the local district elections than in the other elections: not just German citizens over the age of 18, but also EU citizens over the age of 16. And yet, mail-in ballots for all three elections had to be put in a single envelope.

This meant it was possible for those over the age of 18 to apply for a mail-in ballot, but then pass on their ballot papers to EU citizens over the age of 16 who had also applied for mail-in ballots and could put the papers into their own envelope. Meanwhile, the person over the age of 18 would not vote by mail at all, but would simply go and vote on election day.

by Cat on Tue Oct 12th, 2021 at 02:33:31 AM EST
[ Parent ]
Romania's Covid 'fourth wave' surpasses first outbreak, 4 Oct
"With a total record of over 11,000 daily Covid cases, Romania significantly outpaces both the European and world average. ... Plummeting vaccine interest in Romania comes from a long-standing mistrust in authorities, vaccine-scepticism, plus officials' poor approach in dealing with the virus.... "We need to overcome the political gridlock. We need authorities to be able to fight the coronavirus, as well as rising gas and electricity prices", Iulius Marian Firczak MP told EUobserver"
Romanian political parties prepare for a no-confidence vote
"To overthrow the government, 234 votes are needed. The three parties that want to oust the prime minister have more than 280, but their common interests stop there."
Romanian government falls after losing no-confidence vote, poll of polls
The opposition center-left Social Democratic Party (PSD) and far-right Alliance for the Unity of Romanians (AUR) were joined in supporting the no-confidence motion by ex-coalition members from the Union to Save Romania (USR, formerly known as USR-PLUS). The government collapse could lead to early elections in Romania, which are triggered when a prime minister and their cabinet are rejected twice in a row by MPs. That could take months, leaving the country in limbo. The PSD has demanded an election as soon as possible.
by Cat on Wed Oct 6th, 2021 at 12:21:57 AM EST
[ Parent ]
French senators arrive in Taiwan amid tensions with China
The group, led by senator Alain Richard, will meet with President Tsai Ing-wen, Taiwanese economic and health officials and the Mainland Affairs Council. Richard, a former French defense minister, previously visited Taiwan in 2015 and 2018, according to Taiwan's semi-official Central News Agency, and heads the Taiwan Friendship group in the French Senate.
[...]
The visit is part of normal and regular parliamentary exchanges between France and Taiwan, which were not politicized in the past, said Mathieu Duchatel, director of the Asia Program at the Institut Montaigne in Paris.
[...]
China [sic; s/b CCP] and Taiwan [sic; s/b KMT] split amid civil war in 1949. Today they have extensive trade and investment ties but no official relations, and China has increasingly mobilized military, diplomatic and economic pressure to undermine Tsai's independence-leaning administration.
Biden says he and China's Xi agree to abide by Taiwan agreement
channeling surrender of the CSA to Teh Union at Apptomatox, VA, which concluded the US war of Northern Aggression, sort of
by Cat on Wed Oct 6th, 2021 at 03:55:13 PM EST
[ Parent ]
OK, but maybe they should try to sell the Chinese submarines instead?
by generic on Wed Oct 6th, 2021 at 03:58:14 PM EST
[ Parent ]
I'm sorry, Dave. I don't see that presidential PREROGATIVE stipulated in the Taiwan Relations Act of 1979.

Watch: Biden Seems to Invent 'Taiwan Agreement' With China in Press Comments

by Cat on Thu Oct 7th, 2021 at 02:54:51 AM EST
[ Parent ]
"... peace and security of the Western Pacific area ..."

"Stipulates that withdrawal of diplomatic recognition of the Government on Taiwan shall not affect ..."

"... shall make available to Taiwan such defense articles and defense services in such quantity as may be necessary to enable Taiwan to maintain a sufficient self-defense capacity ..."

"... license for nuclear exports to the people on Taiwan ..."

Thus after the surrender of Saigon and South Vietnam to the Communist People's Republic of Hanoi, the United States national security interest was limited to "western Pacific". Globalization provided the stimulus not to overlook SE Asia and extend the Pacific fleet and command to the Indo-Pacific. So we didn't lose Vietnam after all ... victory was a matter of a few decades. The CCP of China be forewarned. 😂 🇨🇳

Although the great efforts by Kissinger and Nixon, the United States was no match for Communist China of Chairman Mao Zedong ...

Four days after receiving the invitation the 15-member team crossed into mainland China from Hong Kong. The team members were photographed in front of the Great Wall, made it on the cover of Time, but were thoroughly demolished in every game they played.

A smart US President would invite a Chinese baseball team to thaw hostile relations and beat the crap out of them in seven innings.

'Sapere aude'

by Oui (Oui) on Thu Oct 7th, 2021 at 08:34:51 AM EST
[ Parent ]
US still fighting WW2
by asdf on Thu Oct 7th, 2021 at 02:22:21 PM EST
[ Parent ]
oh. Wait. I get it.
France can unload those trojan horses on China for the right price!
by Cat on Thu Oct 7th, 2021 at 03:19:54 AM EST
[ Parent ]
Appomattox
Andrew Johnson, Ex rel Garland (not that one, the other one), etc. and international NORMZ, notwithstanding Old World "proxy war" in the New World
by Cat on Wed Oct 6th, 2021 at 04:13:34 PM EST
[ Parent ]
Opposition wins surprise majority
"Together, a liberal-conservative three-party coalition won 27.7% of the vote, while Pirates and Mayors, another opposition group, got 15.5%."
CNN Newsource | Czech Prime Minister Andrej Babiš's populist party loses grip
"With 98.84% of votes counted, the center-right alliance Spolu (Together) leads the count with 27.58% of the ballots, followed by Babiš's ANO party with 27.32%, and the centrist PirStan coalition with 14.45%."
by Cat on Sat Oct 9th, 2021 at 06:08:44 PM EST
[ Parent ]
Austrian Chancellor Sebastian Kurz announces resignation
Austrian Chancellor Sebastian Kurz on Saturday announced that he would step down amid allegations of financial impropriety against his office.

Kurz said he would move to parliament as leader of the Austrian People's Party (ÖVP). Foreign minister Alexander Schallenberg will replace him as chancellor, he said.

"My country is more important to me than myself," Kurz said in a televised statement.

"What we need now are stable conditions,'' he told reporters in Vienna. "So, in order to resolve the stalemate, I want to make way to prevent chaos and ensure stability."

by Bernard (bernard) on Sat Oct 9th, 2021 at 06:50:46 PM EST
[ Parent ]
Though the Bundeskanzler doesn't really have any buttons to press and the party leader is involved in every decision. We'll have to see if the Greens will swallow that, though it seems unlikely that elections will change anything fundamentally.
by generic on Sat Oct 9th, 2021 at 07:04:16 PM EST
[ Parent ]
What about the Greens? Will they keep going as junior partner in a coalition with ÖVP?
by Bernard (bernard) on Sun Oct 10th, 2021 at 10:15:44 AM EST
[ Parent ]

Seems like they will, as of one hour ago. Though things are still fluid.

by generic on Sun Oct 10th, 2021 at 10:36:19 AM EST
[ Parent ]
Wait, how is it the 10th already? Anyway, as of yesterday.
by generic on Sun Oct 10th, 2021 at 11:01:24 AM EST
[ Parent ]
Der Postillon claims that Laschet is immigrating to Austria to take the job
Vor seiner Einreise in die Alpenrepublik soll der Politiker bereits telefonisch beim österreichischen CDU-Äquivalent ÖVP vorstellig geworden sein. "Die waren begeistert, als ich mich als junge, charismatische Führungspersönlichkeit mit Regierungserfahrung vorgestellt habe, die lediglich mittelkorrupt ist. Offenbar hat es mein baldiger Vorgänger da ein wenig übertrieben", so Laschet.
by gk (gk (gk quattro due due sette @gmail.com)) on Sat Oct 9th, 2021 at 09:19:09 PM EST
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by Cat on Sat Oct 9th, 2021 at 07:14:09 PM EST
[ Parent ]
Finland lobbied EU to declare nuclear power sustainable after unpublished cabinet decision supported by Greens
"If nuclear power gets the so-called 'green label', financing for nuclear projects will be easier to come by and the terms of any loans will be softer than for other energy projects. ... Finland's decision was reached at a meeting of ministers on 9 July, but not announced publicly."
US President nominates new Finland ambassador
"The Associated Press reports that [Douglas T.] Hickey is a prominent Democratic fundraiser and telecom executive."
Coronavirus latest: 1,618 new cases over the weekend; Child poverty grows; PM denies restrictions lifted too early, illustrated
"The government's telecommuting recommendations are scheduled to end in the middle of October, but employee opinions are divided on whether returning to the workplace is a good idea."
by Cat on Tue Oct 12th, 2021 at 02:58:44 AM EST
[ Parent ]
European gas price surge prompts switch to coal
Why is that?
You have reached your article limit.
by Cat on Wed Oct 13th, 2021 at 12:54:58 AM EST
[ Parent ]
They haven't even finished voting, but the result is clear.
by gk (gk (gk quattro due due sette @gmail.com)) on Mon Oct 18th, 2021 at 07:21:20 AM EST
[ Parent ]
I was right. The centre-left won almost everywhere. In the specific case of Cosenza the count so far is Francesco Caruso (centre-left) at 57.9% while Francesco Caruso (right - no pretense of "centre" here) got 42.1%
by gk (gk (gk quattro due due sette @gmail.com)) on Mon Oct 18th, 2021 at 02:11:44 PM EST
[ Parent ]
Now it's reached a "peer reviewed" publication, the European Journal of Epidemiology. (For anyone like me who is not in "the biz", there is hardly anything about this on wikipedia, just boilerplate/PR.)

"Increases in COVID-19 are unrelated to levels of vaccination across 68 countries and 2947 counties in the United States"
"At the country-level, there appears to be no discernable relationship between percentage of population fully vaccinated and new COVID-19 cases in the last 7 days (Fig. 1). In fact, the trend line suggests a marginally positive association such that countries with higher percentage of population fully vaccinated have higher COVID-19 cases per 1 million people."

Full article:
https://link.springer.com/article/10.1007/s10654-021-00808-7

by Number 6 on Tue Oct 26th, 2021 at 10:46:44 AM EST
[ Parent ]
Court slaps $1.2M daily fine on Poland in rule-of-law fight
the [ECJ] said in a news release that the daily fine was necessary "to avoid serious and irreparable harm to the legal order of the European Union and to the values on which that Union is founded, in particular that of the rule of law." The court said it would issue a full ruling at a later date.
archived practice, practice, practice
by Cat on Wed Oct 27th, 2021 at 10:30:04 PM EST
[ Parent ]
[EC] investigates ["US-based"] Nvidia's purchase of ["UK-based"] chip designer Arm
"Our investigation aims to ensure that companies active in Europe continue having effective access to the technology that is necessary to produce state-of-the-art semiconductor products at competitive prices," said EU Commissioner Margrethe Vestager, who's in charge of competition and digital issues for the bloc. [...] The commission has until March 15 to decide whether to clear the deal. The EU concerns echo those cited by the U.K's competition watchdog, which opened its own investigation earlier this year.
European Commission to launch Chips Act in bid for strategic autonomy
by Cat on Thu Oct 28th, 2021 at 12:20:33 AM EST
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by Cat on Mon Nov 1st, 2021 at 05:47:20 AM EST
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by Cat on Mon Nov 1st, 2021 at 06:06:37 AM EST
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by Bernard (bernard) on Fri Oct 1st, 2021 at 05:28:30 PM EST
I've been wondering whether to keep this section, now that Brexit is (safely?) behind us. I think I'll keep it up for a little while, if only for the entertainment value: all Brexit related news these days seem to come straight out of The Onion/Der Postillon/Le Gorafi.

Government asks German residents to drive lorries even if they never have before - Independent

A letter was sent by the Department for Transport, signed by transport minister Baroness Vere, asking Germans who live in Britain to "consider returning" to the HGV driving sector.

The letter states: "Your valuable skills and experience have never been more needed than they are now.

"There are fantastic HGV driving opportunities in the logistics industry and conditions of employment have been improving across the sector. As well as attractive pay rates, we are seeing more options for flexible working, fixed hours, fixed days, full time and part time."

German driving licences issued before 1999 include an entitlement to drive a small to medium-sized truck of up to 7.5 tonnes. It is understood that almost all Germans residing in the UK who hold such a licence have been sent the letter, almost none of whom have ever driven an HGV before.

by Bernard (bernard) on Sat Oct 2nd, 2021 at 01:19:50 PM EST
[ Parent ]
I would guess that Brexit is going to be a topic of discussion for a couple of decades at least.

Whether it belongs as a topic in EuroTrib, considering that the UK is officially no longer part of Europe (?), is another question.

Personally, I would rather see more news and discussion here about Portugal or Greece or Lithuania. ET seems to be very Anglo-oriented!

by asdf on Sun Oct 3rd, 2021 at 07:04:39 PM EST
[ Parent ]
by Bernard (bernard) on Sat Oct 2nd, 2021 at 01:20:26 PM EST
[ Parent ]
Fake news. The Queen would never say "truck".
by gk (gk (gk quattro due due sette @gmail.com)) on Sat Oct 2nd, 2021 at 04:33:46 PM EST
[ Parent ]

This can be read at so many levels. Should we start a caption contest?

by Bernard (bernard) on Sat Oct 2nd, 2021 at 01:23:40 PM EST
[ Parent ]
by Bernard (bernard) on Sun Oct 3rd, 2021 at 05:18:55 PM EST
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by Cat on Tue Oct 5th, 2021 at 03:43:43 PM EST
[ Parent ]
Scotland, Wales won't follow Westminster govt on gene editing deregulation
wages of a devolved, united kingdom paid to the EU

reference
Department for EnvironmentFood & Rural Affairs (DEFRA),
"Genetic technologies regulation: government response explainer," updated 29 September 2021

Gene editing and the genetic technologies we are considering do not result in the introduction of DNA from different species but produce targeted changes to the existing DNA that could be made more slowly using traditional breeding methods or occur naturally. After considering the scientific evidence, the Advisory Committee on Releases to the Environment (ACRE) have advised that an organism produced by gene editing does not pose an increased safety risk compared to current traditional breeding techniques, which would take far longer to introduce the same beneficial changes.
by Cat on Tue Oct 5th, 2021 at 09:16:22 PM EST
[ Parent ]
The following is on the front page of La Repubblica (but behind the paywall). I can't find anything in the British press - what's going on there?
Regno Unito, ingorghi di ambulanze davanti agli ospedali: anche oggi 45 mila nuovi casi di Covid
by gk (gk (gk quattro due due sette @gmail.com)) on Sun Oct 17th, 2021 at 03:53:35 PM EST
[ Parent ]
Relaxing facemask and social distancing rules as early as last July, plus the absence of health pass to access indoor public venues has finally caught up with the UK, it seems:

20 COVID hotspots as UK records second highest infections in the world

Regional COVID hotspots are popping up across the North and Midlands as the UK soars to having the second-highest numbers of infections in the world.

Only the USA has higher COVID infections, with a rolling seven day average of 87,886 cases compared to the UK's 37,811, according to Our World In Data.

The UK is far ahead of comparable countries like France and Germany and is an outlier when it comes to European nations.

The UK has essentially ended lockdown while many nations on the continent still have some restrictions in places like facemasks and social distancing.

Several European nations have also introduced strict vaccine passports.

by Bernard (bernard) on Sun Oct 17th, 2021 at 05:36:25 PM EST
[ Parent ]
by Bernard (bernard) on Sun Oct 17th, 2021 at 08:01:43 PM EST
[ Parent ]
Daily Mail
Britain is now facing a pie crisis amid a 'perfect storm' of foil tins running low due to rising global aluminium prices, ongoing labour shortages and inflation.

The British Pie Association is urging pie makers to re-use the foil tins rather than throw them away to tackle the shortages.

by gk (gk (gk quattro due due sette @gmail.com)) on Mon Oct 18th, 2021 at 12:08:26 PM EST
[ Parent ]
to reuse, as US Americans used to say before the Great New Green Deal infiltrated the lands of conspicuous consumption, is to put your money where your mouth is.
by Cat on Mon Oct 18th, 2021 at 12:43:54 PM EST
[ Parent ]
Not Brexit to blame, Tories declare ...

What makes aluminum scarce and prices skyrocket??

Aluminum prices hit 13-year high amid power shortage in China | Nikkei |

One of the challenges faced by the industry is rising energy prices. Before, aluminum smelters moved to Yunnan Province, where there are hydroelectric power stations, paid a so-called preferential price for power but now, the government is trying to stop attracting too many smelters to go to the Province and fewer smelters are benefiting from such low power costs. Other big consumers of power such as silicon and magnesium manufacturers are also expanding, further raising the risk of energy outages. 

Aldel largely shuts down production for 6 months due to high gas prices. Dismissals not excluded.

Dutch Producer Aldel Halts Primary Aluminium Production Due To High Electricity Prices | Aluminium Insider - Oct. 12, 2021 |

'Sapere aude'

by Oui (Oui) on Mon Oct 18th, 2021 at 02:03:28 PM EST
[ Parent ]
The National
Asked on Sky if you can catch Covid from your friends, Javid said: "People should consider wearing masks in crowded places when they are with strangers, when they are with people that they are not normally spending time with."

SNP MP Stephen Flynn asked vaccines minister Maggie Throup whether that advice had been backed up by science. She confirmed Public Health England had not made a comparative assessment about transmission rates between people who know each other and those who don't.

What a surprise!

by gk (gk (gk quattro due due sette @gmail.com)) on Thu Oct 21st, 2021 at 04:26:58 PM EST
[ Parent ]
Guardian
Supermarkets are using cardboard cutouts of fruit, vegetables and other groceries to fill gaps on shelves because supply problems combined with a shift towards smaller product ranges mean many stores are now too big.

Tesco has begun using pictures of asparagus, carrots, oranges and grapes in its fresh produce aisles, prompting ridicule on social media.

Thanks to Brexit, there are no restrictions on the shape of cardboard bananas.
by gk (gk (gk quattro due due sette @gmail.com)) on Sat Oct 23rd, 2021 at 04:01:36 PM EST
[ Parent ]
by Bernard (bernard) on Fri Oct 1st, 2021 at 05:28:45 PM EST
Potatoes of Color edition
"He said Democrats have moved so far to the left that 'it looks anti-American.'"
by Cat on Mon Oct 4th, 2021 at 03:29:34 PM EST
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by Cat on Mon Oct 4th, 2021 at 10:14:37 PM EST
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by Cat on Tue Oct 5th, 2021 at 12:16:17 AM EST
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Baltimore Mayor Brandon "breakthrough" Scott
"Nobody was wearing masks."
by Cat on Tue Oct 5th, 2021 at 05:15:53 PM EST
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by Cat on Tue Oct 5th, 2021 at 09:25:36 PM EST
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by Cat on Tue Oct 5th, 2021 at 12:35:12 AM EST
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by Cat on Wed Oct 20th, 2021 at 04:30:27 PM EST
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by Cat on Tue Oct 5th, 2021 at 12:37:52 AM EST
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Potatoes of Color edition Pt.2
"71 percent thinking unfavorably about the former president but 58 percent thinking unfavorably about Republicans in Congress."
by Cat on Tue Oct 5th, 2021 at 12:41:23 AM EST
[ Parent ]
AWKWARD!
the termination of the 'gag rule' is a 'major victory'
FACT: NIFLA v. Becerra 20 Mar 2018
by Cat on Tue Oct 5th, 2021 at 01:02:11 AM EST
[ Parent ]
THOMAS, J., delivered the opinion of the  Court, in which ROBERTS, C. J., and KENNEDY, SCALITO, and GORSUCH, JJ., joined. KENNEDY, J. filed a concurring opinion, in which ROBERTS, C. J., and ALITO and GORSUCH, JJ.,joined. BREYER, J., filed dissenting  opinion, in which GINSBURG, SOTOMAYOR, and KAGAN, JJ., joined.
.
by Cat on Tue Oct 5th, 2021 at 01:05:03 AM EST
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by Cat on Tue Oct 5th, 2021 at 03:53:23 PM EST
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"Free State" Blotter
Roy McGrath was indicted on Tuesday on wire fraud and embezzlement charges related to the six-figure severance payout he received after leaving his position as director of the Maryland Environmental Service (MES) on May 30, 2020. McGrath left that position to serve as Maglev Hogan's chief of staff, a position he held from June 1, 2020 to Aug. 17, 2020.
[...]
If McGrath is convicted on all of the federal charges, which include four counts of wire fraud and two counts of embezzlement, he could face up to 100 years in prison. Additionally, McGrath faces 27 state charges that each carry a maximum sentence of five years in prison.
archived Public corruption in Maryland: It's no accident
by Cat on Tue Oct 5th, 2021 at 07:29:03 PM EST
[ Parent ]
Maryland seeks consultant for new Baltimore treatment center, $450M
Plans call for the treatment center to be developed on the grounds of the former Baltimore City Detention Center, which was closed in 2015.

The old building has been nearly demolished to make way for the new facility. Gov. Larry "Maglev" Hogan said he envisions it becoming a place where certain defendants charged with nonviolent crimes could go for treatment for substance abuse and mental health issues.

2013
APsplainin federal indictments: Female guards, rapidly growing in numbers, at heart of U.S. prison scandal. "Due to soaring male incarceration rates, female prison guards now make up 37 per cent of corrections officers in the U.S., according to the American Correctional Association. In CRIME-PLAGUED Baltimore, 60 per cent of the prison guards are 'women'."
2015
40 Defendants, Including 24 Guards, Convicted in Widespread Corruption Scandal at ["state-run"] Baltimore Jail
"'The corruption at the jail was "state-approved, state-facilitated, and administrative-encouraged,' [defense atty] Bardos declared."
2016
["state-run"] Baltimore Jail demolition threatens landmark with ties to city's history of slavery
wut
by Cat on Sat Oct 9th, 2021 at 05:37:53 PM EST
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by Cat on Wed Oct 6th, 2021 at 08:24:26 PM EST
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by Cat on Fri Oct 8th, 2021 at 07:38:38 PM EST
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by Cat on Sat Oct 9th, 2021 at 03:06:35 AM EST
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by Cat on Sat Oct 9th, 2021 at 03:33:14 PM EST
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EO 14042 UPDATE!
"White House officials declined to discuss when the rule will be published or go into details on when businesses will have to comply."
by Cat on Wed Oct 20th, 2021 at 04:32:38 PM EST
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by Cat on Wed Oct 20th, 2021 at 07:24:37 PM EST
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by Cat on Mon Oct 11th, 2021 at 06:01:45 PM EST
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by Cat on Tue Oct 12th, 2021 at 03:11:54 AM EST
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by Cat on Tue Oct 12th, 2021 at 04:21:10 AM EST
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red state, blue state essential workers
by Cat on Tue Oct 12th, 2021 at 04:29:09 AM EST
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by Cat on Thu Oct 14th, 2021 at 07:20:45 PM EST
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by Cat on Mon Oct 18th, 2021 at 08:27:53 PM EST
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by Cat on Thu Oct 21st, 2021 at 05:17:01 PM EST
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by Cat on Wed Oct 27th, 2021 at 07:12:17 PM EST
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by Cat on Wed Oct 27th, 2021 at 10:15:18 PM EST
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by Cat on Thu Oct 28th, 2021 at 12:00:22 AM EST
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by Cat on Mon Nov 1st, 2021 at 02:45:03 AM EST
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by Cat on Mon Nov 1st, 2021 at 03:03:42 AM EST
[ Parent ]
Hallowe'en poll incense
by Cat on Mon Nov 1st, 2021 at 05:27:10 AM EST
[ Parent ]
by Cat on Mon Nov 1st, 2021 at 06:13:26 AM EST
[ Parent ]
by Bernard (bernard) on Wed Oct 13th, 2021 at 08:54:49 PM EST
[ Parent ]
medical abortion tragedy in the "three-state region called the Ark-La-Tex" sanctuary for unborn children.
by Cat on Thu Oct 14th, 2021 at 01:19:12 PM EST
[ Parent ]
$450K hush money
These payments could resolve the many lawsuits that have been filed against the U.S. government by parents and children who were subjected to the TRAUMATIC separations begun by the administration of impeached former president Donald TRUMP.
[...]
The number of families entitled to the payments is unclear. ACLU officials have identified more than 5,000 children who were separated at the border. However, The WSJ notes that only about 940 claims have been filed thus far. Still, the payout could be upwards of $1 billion.
archived critical race theory opposed to reparations
by Cat on Mon Nov 1st, 2021 at 06:39:34 AM EST
[ Parent ]
JTA
Teachers in a Texas school district were told last week that a new state law requiring them to present multiple perspectives about "widely debated and currently controversial" issues meant they needed to make "opposing" views on the Holocaust available to students.
What does the law have to say about opposing views on Israel, let alone opposing views on Texas itself?
by gk (gk (gk quattro due due sette @gmail.com)) on Fri Oct 15th, 2021 at 06:29:03 PM EST
[ Parent ]
Noam Chomsky is in favour of isolating vaccine skeptics from society:
"How can we get food to them? Well, that's actually their problem."

He's right. If anything he's too lenient.

Short clip: https:/twitter.com/MaxBlumenthal/status/1452490014533816323
Whole interview: https:
/t.co/WIjVOs1h7I?amp=1

by Number 6 on Tue Oct 26th, 2021 at 10:20:47 AM EST
[ Parent ]
Lightfoot is right, clicking a thing on a web site is not that much to ask.
https:/www.mercurynews.com/2021/10/19/35-of-chicago-police-officers-refuse-to-report-vaccination-st atus

The usual nonsense about "natural immunity" comes up every time. I can't even!

And, I agree, they should lose their pension. This is no laughing matter. Do they think this is a good time to renegotiate pay? Chicago is safer than it's been in decades!
https:/policetribune.com/chicago-pd-may-withhold-pensions-from-cops-who-retire-while-not-complying- with-vaccine-mandate

The good news, hopefully, is that this should be the remaining Trumpists on the force. Once city down ... how many to go? Texas probably won't fall in line - may have to wait for them to secede.

by Number 6 on Tue Oct 26th, 2021 at 10:36:28 AM EST
[ Parent ]
by Bernard (bernard) on Fri Oct 1st, 2021 at 05:29:02 PM EST
Like the EC, CHINA tightens political control of [domestic] internet giants
The party says anti-monopoly antitrust enforcement will be a priority through 2025. It says competition will help create jobs and raise living standards.
[...]
Products from China wouldn't function in the United States or Europe, and vice versa. Innovation and efficiency would suffer.
< wipes tears >
Alibaba said it will invest $28 billion to develop operating system software, processor chips and network technology. The company has pledged $1 billion to nurture 100,000 developers and tech startups over the next three years. Last year, Tencent promised to invest $70 billion in digital infrastructure. Meituan, an e-commerce, delivery and service platform, raised $10 billion to develop self-driving vehicles and robots.
[INCONTINENCE ALERT]
A law that takes effect Nov. 1 establishes security standards, prohibits companies from disclosing information without customer permission and tells them to limit how much they collect. Unlike data protection laws in Western countries, the Chinese rules say nothing about limiting government or ruling party access to personal information.
[...]
Beijing is also using the crackdown to narrow China's politically sensitive wealth gap by pushing tech giants to share their wealth with employees and consumers.
Google seeks to overturn $5.1 bln EU fine
archived Eric Li in The Coming War Against China (Pilger, 2016)
by Cat on Mon Oct 4th, 2021 at 04:00:30 PM EST
[ Parent ]
chum in the water
Banasevic is far from being the first high-profile name to jump ship this year. His move follows the departure of two other top competition officials with long experience in fighting Silicon Valley giants -- Cecilio Madero Villarejo and Carles Esteva Mosso -- who also are joining law firms that act for the very same companies. Madero was the chief of antitrust within the Commission's competition department when Vestager launched her crusade against Google.
by Cat on Tue Oct 5th, 2021 at 12:24:20 AM EST
[ Parent ]
Facebook asks court to dismiss FTC antitrust complaint
"The FTC's fictional market ignores the competitive reality: Facebook competes vigorously with TikTok, iMessage, Twitter, Snapchat, LinkedIn, YouTube, and countless others to help people share, connect, communicate or simply be entertained," Facebook said in a statement. "The FTC cannot credibly claim Facebook has monopoly power because no such power exists."
[...]
U.S. District Judge James Boasberg had ruled in June that the FTC's original lawsuit was "legally insufficient" and didn't provide enough evidence to prove Facebook was a monopoly. He dismissed the states' separate complaint outright.
You get what you pay for.

archived Essays in competition policy, "Identifying antitrust markets"

by Cat on Tue Oct 5th, 2021 at 03:32:38 PM EST
[ Parent ]
"involuntary public figure" has entered the shadow docket.
archived no relation

Diversity is the key to economic and political evolution.
by Cat on Wed Oct 13th, 2021 at 07:19:45 PM EST
[ Parent ]
Heard v Depp v Heard

Judge won't send Johnny Depp's defamation suit Amber Heard's $100M counter claim to Virginia Supreme Court

In a ruling from the bench, Judge Penney Azcarate refused to allow lawyers for actress Amber Heard, Depp's ex-wife, to petition the Virginia Supreme Court to weigh in on legal issues at the core of her last attempt to dismiss the Depp's case.

Essentially, [Heard's] attorneys wanted the state's high court to tackle whether [USA] case law supports their contention that the court should embrace findings from a United Kingdom [libel laundry] that Depp, 58, abused his ex-wife on a dozen occasions. This would have ended the [Depp's] Virginia case, which is based upon Depp's charge that Heard, 35, defamed him by describing herself as a domestic abuse survivor.
[...]
Filed in March 2019, Depp contends that an op-ed written by Heard and published in the Washington Post defamed him....Depp lost his "Pirates of the Caribbean" part four days after publication of the editorial.
[...]
Depp's attorney, Ben Chew ... pointed out that in August, Azcarate handed down a 10-page opinion rejecting [Heard's] argument that the case should be dismissed because of the U.K. ruling.
[...]
In her opinion, Azcarate noted, "[Depp's] defamation claim [against The Sun] in the U.K. was based on completely different statements than the present case." In her ruling today, Azcarate ticked through each legal standard required to send [Heard's appeal] to the Virginia Supreme Court and concluded that the case didn't qualify.

reference
Warren and Brandeis, "The Right to Privacy". 1890
defamation
by Cat on Thu Oct 14th, 2021 at 08:06:56 PM EST
[ Parent ]
Taliban-style security welcomed by some, feared by others
Before the Taliban takeover in August, people had to pay bribes simply to settle a utility bill. Rampant fraud in the military was one reason it collapsed so quickly in the face of the advancing Taliban. Despite the overt graft, the U.S. and Europe poured billions of dollars into the government with little oversight.
Taliban raid suspected IS hideout after bombing in capital
by Cat on Mon Oct 4th, 2021 at 10:45:48 PM EST
[ Parent ]
APsplainin the uncontested rulers of Afghanistan's Opium War, War on Drugs, stains, stigma, imprisonment, withdrawal, mental health, poverty
The heavy-handed methods are welcomed by some health workers, who have had no choice but to adapt to Taliban rule. "We are not in a democracy anymore, this is a dictatorship. And the use of force is the only way to treat these people," said Dr. Fazalrabi Mayar, working in a treatment facility. He was referring specifically to Afghans addicted to heroin and meth.
dragnet
By midnight, they were taken to the Avicenna Medical Hospital for Drug Treatment, on the edges of Kabul. Once a military base, Camp Phoenix, established by the U.S. army in 2003, it was made into a drug treatment center in 2016. Now it's Kabul's largest, capable of accommodating 1,000 people.

The men are stripped and bathed. Their heads are shaved. Here, a 45-day treatment program begins, said Dr. Wahedullah Koshan, the head psychiatrist.
[...]
They will undergo withdrawal with only some medical care to alleviate discomfort and pain. Koshan conceded the hospital lacks the alternative opioids, buprenorphine and methadone, typically used to treat heroin addiction. His staff have not been paid since July, but he said the Health Ministry promised salaries would be forthcoming.

The Taliban have broader aims. "This is just the beginning, later we will go after the farmers, and we will punish them according to (Islamic) Sharia law," said lead patrol officer Qari Ghafoor.

by Cat on Sat Oct 9th, 2021 at 04:49:32 PM EST
[ Parent ]
fwee (ui)(uy)ghurs
"I've been drinking alcohol, I'm a little drunk, but that's no problem. We can drink as we want now!" he shouted. "We can do what we want! Things are great now!"

At a nearby store, I notice liquor bottles lining the shelves. In another town, my colleague and I encounter a drunk Uyghur man, passed out by a trash bin in broad daylight. Though many Uyghurs in big cities like Urumqi have long indulged in drinking, such sights were once unimaginable in the pious rural areas of southern Xinjiang.
[...]
In bookstores, Uyghur language tomes are relegated to sections labeled "ethnic minority language books". The government boasts that nearly a thousand Uyghur titles are published a year, but none are by Perhat Tursun, a lyrical modernist author, or Yalqun Rozi, a textbook editor and firebrand commentator. They, like most prominent Uyghur intellectuals, have been imprisoned.

On the shelves instead: Xi Jinping thought, biographies of Mao, lectures on socialist values, and Mandarin-Uyghur dictionaries. Many Uyghurs still struggle with Mandarin, from young men to elderly grandmothers. In recent years, the government has made Mandarin the mandatory standard in schools.

fwee Ireland
by Cat on Sun Oct 10th, 2021 at 01:20:32 PM EST
[ Parent ]
Der Schmiegal's visit to Palestine, "women and minorities" edition
"where should we go?"

by Cat on Mon Oct 11th, 2021 at 05:43:28 PM EST
[ Parent ]
Global gas wars: the fun has just begun!
"On the other side of Belarus lies the Ukraine, where things are even more fun. Back in spring of 2019 the Ukraine declined Russia's gracious offer to sell it gas $240-260 per thousand cubes (a quarter of the current spot price) and instead opted to buy it on the spot market."
US trade group calls for restrictions on LNG exports, 17 Sep 2021
by Cat on Mon Oct 4th, 2021 at 11:38:57 PM EST
[ Parent ]
Horrific torture videos show widespread rape and brutalisation of inmates inside Putin's jails: 'Torture conveyer belt' sees rapists deployed to 'break' male prisoners, 2021
The sick scheme was exposed in a leak of 40Gb of video footage which was smuggled out of the archives of Russia's FSIN prison service by an anonymous Belarussian man who claims he was tasked with archiving the videos while in jail.

Now freed, the man handed a smuggled copy of the material to campaigners at Gulagu.net who have published parts of it online - while calling for reforms. MailOnline has reviewed a section of the material, but has decided not to publish most of it because of the highly distressing nature of the footage.

21st Century Eugenics: Reproductive Injustice at the Border (2020)
100 years later ...
Rikers Island isn't in the wrong place -- it just has the wrong management!
by Cat on Wed Oct 6th, 2021 at 09:21:28 PM EST
[ Parent ]
Singapore shows the world what 'endemic' COVID might look like
Experts say that Singapore's climbing cases, more than half of which are in vaccinated individuals, may signal that COVID-19 is becoming an endemic disease in the city-state, meaning COVID-19 circulates in a population like its four coronaviruses cousins but doesn't upend lives due to widespread immunity. As long as deaths remain low, Singapore can set an example for how other countries, especially those that have maintained zero tolerance for COVID-19, can emerge from the pandemic.
[...]
Singapore's data shows that 52% of infections in the last month have been among the vaccinated while 48% have been unvaccinated.

Singapore has used COVID-19 vaccines from U.S. makers Pfizer and Moderna for its national campaign, while some private clinics have also distributed doses from China's Sinovac for individuals that prefer the Chinese jab.

< wipes tears >
by Cat on Thu Oct 7th, 2021 at 02:03:25 AM EST
[ Parent ]
WHO starts shipping COVID-19 medical supplies to N. Korea
a possible sign that the North is easing one of the world's strictest pandemic border closures to receive outside help. WHO said in a weekly monitoring report that it has started the shipment of essential COVID-19 medical supplies through the Chinese port of Dalian for "strategic stockpiling and further dispatch" to North Korea.
wut sanctions
The latest WHO report came weeks after Kim during a ruling party meeting ordered officials to wage a tougher anti-virus campaign in "our style" after he turned down some foreign COVID-19 vaccines offered via COVAX.

UNICEF, which procures and delivers vaccines on behalf of the COVAX distribution program, said last month that North Korea proposed its allotment of about 3 million Sinovac shots be sent to severely affected countries instead. < wipes tears > Some ["]analysts["] say the North is angling to receive more effective jabs amid questions about the Sinovac vaccine's effectiveness.

Australia's borders to stay closed until mid-2022, 21 May 2021
by Cat on Fri Oct 8th, 2021 at 01:55:46 AM EST
[ Parent ]
DISCOP Kigali will take place from Sunday 12 to Tuesday 14 December 2021 at the Kigali Convention Center.
Global and regional distributors will be joining Africa's most buzzed-about creators for three days of pre-organized meetings with broadcasters, pay-tv services, mobile and streaming platforms, and major production houses servicing Sub-Saharan Africa.

The compact market will showcase finished content, adaptation rights, and projects in development. We will also help independents share their content and ideas, and get connected to representation, financing, distribution, and global buyers seeking local programming that can be rolled out worldwide.
[...]
As part of government measures to prevent the spread of COVID-19, the following is mandatory upon entry into Rwanda: CLICK HERE.

The only accepted test is a SARS-CoV 2 Real Time Polymerase Chain Reaction (RT-PCR) performed within 72 hours prior to departure (meaning travelers must be tested and get results within 3 days of their first flight). Other tests, such as Rapid Diagnostics Tests (RDTs), are not accepted.
by Cat on Sun Oct 10th, 2021 at 06:01:29 PM EST
[ Parent ]
Politico | Tensions grow between Moderna, White House over vaccine production, Defense Production acts
The Biden administration has urged Moderna for months to increase its production domestically, in an attempt to help deliver on the president's pledge to make the U.S. "an arsenal of vaccines" for the world ... despite the company's agreement to supply 500 million doses to low- and middle-income countries, including 34 million doses this year, through the international vaccine aid program known as the COVAX Facility.
[...]
If Moderna agreed to sell the Biden administration doses for poorer countries it would likely be asked to do so at cost, one source said, putting pressure on its bottom line.
[...]
The Biden administration's strained talks with Moderna stand in stark contrast to its relationship with Pfizer and[?!] BioNTech. The partners turned down government aid to develop their Covid-19 shot but have worked with the administration to increase global vaccination. In September, the two companies [?!] signed a deal with the federal government to deliver 1 billion doses of their vaccine for international donation by the end of September 2022 [BWAH!].
APsplainin | Moderna has no plans to share its Covid-19 vaccine recipe
[Chairman] Noubar Afeyan also reiterated a pledge Moderna made a year ago not to enforce patent infringement on anyone else making a coronavirus vaccine during the pandemic.
[...]
"Within the next six to nine months, the most reliable way to make high-quality vaccines and in an efficient way is going to be if we make them," Afeyan said. Asked about appeals from the World Health Organization and others, he contended that such pleas assumed "that we couldn't get enough capacity, but in fact we know we can."
[...]
Moderna is working with multiple governments "to help them secure supplies for the express purpose of supplying to low-income countries,'' the executive said. "There is more supply in the EU and the U.S. government than they will be able to use," said Afeyan, who is also a co-founder of Moderna.
archived Covid Vaccines: The "LEAKED" Pfizer Contract, EU proposes alternative to IP waiver
by Cat on Tue Oct 12th, 2021 at 04:03:49 AM EST
[ Parent ]
in light of the recent ICC decision not to resume investigation of OPERATION ENDURING FREEDOM war crimes, UN ends Yemen war crimes probe in defeat for Western states [?!]
Members narrowly voted to reject a resolution led by the Netherlands to give the independent investigators another two years to monitor atrocities in Yemen's conflict. It marked the first time in the council's 15-year history that a resolution was defeated.
US, France, Britain may be complicit in Yemen war crimes, UN report says
The United States, Britain and France may be complicit in war crimes in Yemen by arming and providing intelligence and logistics support to a Saudi-led coalition that starves civilians as a war tactic, the United Nations said on Tuesday (3 September).
Rights activists said this week that Saudi Arabia lobbied heavily against the Western Dutch resolution. The kingdom is not a voting member of the UN Human Rights Council and its delegation did not respond to Reuters' requests for comment.
Statement by Group of Experts on Yemen on HRC rejection of resolution to renew their mandate
During the debate, Bahraini ambassador Yusuf Abdulkarim Bucheeri said that the international group of investigators had "contributed to spreading misinformation about the situation on the ground" in Yemen.
GEE on Yemen Roll Call, 7 Oct 2021
In the vote called by Saudi ally Bahrain, 21 countries voted against the Dutch resolution including China, Cuba, Pakistan, Russia, Venezuela and Uzbekistan. Eighteen including Britain, France and Germany voted [for] it.
How did US vote? It didn't.
US envoy on Yemen returns as UN drops ["]abuse["] probe
The US envoy on Yemen on Friday started a fresh peace bid that includes a stop in Saudi Arabia, which succeeded in scuttling a UN-backed probe into abuses in the conflict.

Tim "Iraqi Freedom" Lenderking, tasked by President Joe Biden with working to end a war that has brought a humanitarian catastrophe, arrived in Jordan and will also visit Saudi Arabia, the United Arab Emirates[,] and Oman, the State Department said.
[...]
The United States said it had "strongly supported the renewal of the mandate because we believe there must be accountability for human rights violations and abuses in Yemen.

"This failure to renew the GEE's mandate blocks critical, independent reporting on human rights abuses in Yemen," a State Department spokesperson said.

by Cat on Fri Oct 8th, 2021 at 08:39:10 PM EST
[ Parent ]
Or British lead prosecutor Karim Ahmad Khan wants his salary paid out end of the month ...

But the United States is not a party to the ICC, and imposed sanctions against the office of the prosecutor for investigating the role of U.S. forces. Shifting the focus of the probe could help mend the court's relationship with Washington.

A lawyer who represents Afghan victims of suspected U.S. torture in the ICC investigation said the narrowing of its focus was "deeply flawed".

"Allowing powerful states to get away (with) multi-year, multi-continent torture against so many, feeds impunity for all," she said on Twitter.

Judges will now review the request.



'Sapere aude'
by Oui (Oui) on Fri Oct 8th, 2021 at 10:54:40 PM EST
[ Parent ]
Doubt this will go anywhere

China, Russia urge U.S. to clarify its military biological activities

In a joint statement released Thursday by the two nations' foreign ministers, China and Russia expressed grave worry about U.S. military biological activities.

According to the statement, U.S. military biological activities pose a severe threat to the national security of the Russian Federation and China and are detrimental to the security of relevant regions.

The two sides urged the U.S. to behave in an open, transparent, and responsible manner by informing properly on its military biological activities conducted overseas and on its national territory, according to the statement.

But amusing, none the less

She believed in nothing; only her skepticism kept her from being an atheist. -- Jean-Paul Sartre

by ATinNM on Mon Oct 11th, 2021 at 06:32:08 PM EST
[ Parent ]

France still being this mad about the submarines is one of my favorite subplots.

by generic on Tue Oct 19th, 2021 at 08:11:31 PM EST
[ Parent ]
Bloomberg
China Urges Hui to Tap Wealth; Firms to Repay; Evergrande Update

China has urged companies to make payments on their offshore bonds, and asked China Evergrande Group's billionaire founder Hui Ka Yan to tap his personal wealth to help solve the company's deepening debt crisis.

I like Bloomberg's "asked"....
by gk (gk (gk quattro due due sette @gmail.com)) on Wed Oct 27th, 2021 at 10:22:05 AM EST
[ Parent ]
[Xinjiang] mummies didn't migrate during the Bronze Age, genetic analysis finds
Until now, researchers had proposed three migration routes: either they were ["]western Eurasians["] moving south from Siberia, or they were ["]Central Asian["] farmers moving east, or else they had to be a mobile pastoral community moving west along the mountains.

Genetic analysis published in the journal Nature on Thursday reveals the Tarim people were a genetically isolated population of ancient ["]North Eurasians["] with roots dating back to the Holocene.

archived scientific orientalism
The identity of the earliest inhabitants of Xinjiang, in the heart of ["]Inner Asia["], and the languages that they spoke have long been debated and remain contentious1. Here we present genomic data from 5 individuals dating to around 3000-2800 BC from the Dzungarian Basin and 13 individuals dating to around 2100-1700 BC from the Tarim Basin, representing the earliest yet discovered human remains from North and South Xinjiang, respectively. We find that the Early Bronze Age Dzungarian individuals exhibit a predominantly Afanasievo ancestry with an additional local contribution, and the Early-Middle Bronze Age Tarim individuals contain only a local ancestry. ...
archived Herodotus rising
by Cat on Wed Oct 27th, 2021 at 11:09:46 PM EST
[ Parent ]
by Bernard (bernard) on Fri Oct 1st, 2021 at 05:29:17 PM EST
Farms Evacuated In Þingeyjarsveit Due To Landslides
Because of the heavy rainfall in the area, there's a lot of water on the mountain slopes causing landslides. The residents of the five farms that got trapped have been helped out of the area by helicopter.
RVK Newscast #135: Earthquakes Are Back! Plus A Few Words On La Palma, A/V (EN)
by Cat on Tue Oct 5th, 2021 at 01:19:42 AM EST
[ Parent ]
La Palma Volcano's Northern Flank Collapses - Video
ppm safety story developing ...
by Cat on Tue Oct 12th, 2021 at 06:23:32 PM EST
[ Parent ]
Nobel in chemistry honors "greener" way to build molecules, mostly pharma and pesticide applications, marketing
The chemistry prize focused on the business of making molecules. That requires linking individual atoms together in specific arrangements -- a difficult and slow task. Until the beginning of the millennium the year 2000, chemists had only two methods -- or catalysts -- to speed up the process, using either complicated enzymes or metal catalysts.
periodic table of organic | inorganic elements meets quantum physics
"One way to look at their work is like molecular carpentry," said John Lorsch, director of the NIH's National Institute of General Medical Sciences. "They've found ways to not only speed up the chemical ["]joining["]," he said, "but to make sure it only goes in either the right-handed or left-handed direction."
peter, paul "biologic" blockchain
List said he did not initially know that MacMillan was working on the same subject and figured his hunch might just be a "stupid idea" -- until it worked.
Where's muh patent waiver?
Where's muh alternative fuel?
asymmetric organocatalysis has entered the room.
by Cat on Wed Oct 6th, 2021 at 03:13:09 PM EST
[ Parent ]
OpEd | Synthetic fuels can bolster energy security in the Baltic region
The term synthetic fuel refers to liquid fuels obtained from ["]blending["] hydrogen produced by electrolysis with carbon-containing gases. One of the most promising ways of creating this fuel is via the Power-to-Liquid (PtL) process, which involves three main steps.

First, electricity, ideally from renewables such as wind, solar or hydro, is converted into hydrogen via electrolysis. Second, concentrated CO2 is obtained either from factories (cement, steel, etc.) or from direct air CO2 capture machines. Finally, the resulting synthetic gases are purified and fed into a Fischer-Tropsch reactor, which completes the PtL cycle by producing a liquid fuel that meets international standards.

by Cat on Wed Oct 6th, 2021 at 08:08:49 PM EST
[ Parent ]
The world's biggest [C]-removal plant just opened. In a year, it'll negate just 3 seconds' worth of global emissions.
The fans are embedded in shipping container-sized boxes, and once the [CO2] is separated, it gets mixed with [HO2] then travels through snaking, fat tubes deep underground, where the [C] cools and solidifies.
triple point of C and HO2
"Think of it like a vacuum cleaner for the atmosphere," Julio Friedmann, an energy policy researcher at Columbia University who attended the plant's ribbon-cutting ceremony, told Insider. "Nothing else can do what this tech does."
by Cat on Thu Oct 7th, 2021 at 02:30:21 AM EST
[ Parent ]
Behind a `green façade', Modi expands coal mining on India's tribal lands
The villagers - from India's indigenous, or Adivasi, communities - hail from the Hasdeo area in the central Indian state of Chhattisgarh, one of the largest contiguous stretches of dense forest on the subcontinent, which is rich in biodiversity and wildlife, including elephant corridors that are critical for forestation. But the Hasdeo Arand forest is also rich in coal - and it's a resource India can't seem get enough of these days.
[...]
Boosting coal production to 1 billion tonnes

Coal still accounts for nearly 70 percent of India's electricity generation. While the world's third-largest greenhouse gas emitter is committed to transitioning to renewable energy, India's quantum[BWAH!], self-reliant growth will be largely powered by the "dirtiest fossil fuel".

coal "apartheid"?
"Nationally, there are 55 new coal mines planned and there are expansion plans for 193 existing mines. Eighty percent of the new expansion is on Adivasi land and they are going to bear the brunt of it," said Jo Woodman, senior researcher at Survival International, a UK-based ["]tribal rights["] group.

Mining companies enter a once-protected zone

Will [India]'s move against coal power improve its image in EU?
by Cat on Sun Oct 10th, 2021 at 04:52:10 PM EST
[ Parent ]
Why are some Indian states facing power shortages?
Underinvestment in coal production

Anne Josey of the Pune-based Prayas (Energy Group), a research organization working on energy policy, blames poor planning on the part of the government for the problem.

"The working-capital crunch faced by power-generating companies, especially state-owned firms, which are seldom paid on time by cash-strapped distribution companies, has also contributed to this crisis," Josey told DW.
[...]
M K Venu, a prominent economic analyst, has a similar view of government responsibility.... "Even the private sector delayed coal production as the government also took its eye off the ball and did not give follow-up clearances for exploiting new coal blocks," Venu added. "Thus, the Modi government has created a new mess in the coal sector, and by extension, in the supply of thermal power."

by Cat on Thu Oct 14th, 2021 at 06:01:38 PM EST
[ Parent ]
by Bernard (bernard) on Wed Oct 6th, 2021 at 08:34:31 PM EST
[ Parent ]
Researchers detect malaria resistant to key drug in Africa, 23 Sep 2020
Researchers in Uganda analyzed blood samples from patients treated with artemesinin, the primary medicine used for malaria in Africa in combination with other drugs. They found that by 2019, nearly 20 percent of the samples had genetic mutations suggesting the treatment was ineffective. Lab tests showed it took much longer for those patients to get rid of the parasites that cause malaria.
CDC | Drug Resistance in the Malaria-Endemic World
by Cat on Thu Oct 7th, 2021 at 02:41:16 AM EST
[ Parent ]
These mosquitoes 'prefer to bite people.' Meet the INVASIVE insect RAVAGING the West Coast
Meet the invasive Aedes mosquito, an insect that really wants to bite you.
This Aedes, Aedes aegypti?
This Aedes scapularis?
That Aedes aegypti?
Or Aedes albopictus?
Originally from ASIA, the Aedes mosquito is thought to have made its way to California from a shipment of BAMBOO FROM CHINA [!] in 2001[?!], according to the Los Angeles Times.
introducing the "Malaria-Endemic World", SE Asia and Oceania, excluding Africa
Now, the population of the mosquito has grown so rapidly that numerous counties in the state are trying to control the population rather than eradicate it.
A MESSAGE from the Bill and Melinda Gates Foundation grantees investigating "impenetrable" health supplies and "a typical" sub-Saharan Anopheles mosquito's cognitive capability:"That's why the Gates Foundation's $2 billion investment in eradicating malaria includes support for high-tech approaches, such as genetically-modified 'friendly' mosquitos that don't carry [parasites that cause] malaria, and a malaria vaccine that can protect people from the disease parasites wherever they go."
But what makes these mosquitoes so much MORE TERRIFYING than others? Their preference for biting humans.
[...]
"Compared to the native mosquitoes here, they can actually be more resistant to a lot of the pesticides we put out in our yard," he said. "Our fear is that the resistance will be built up enough where it's not as effective."
3.500 different mosquito species
by Cat on Thu Oct 14th, 2021 at 11:41:07 AM EST
[ Parent ]
by generic on Thu Oct 21st, 2021 at 04:52:59 PM EST
[ Parent ]
by Bernard (bernard) on Fri Oct 1st, 2021 at 05:29:31 PM EST
Rep. Carolyn Maloney "sounds alarm" observing federal and states' regulation of abortion and "constitutional rights" thereof.

US House Oversight and Reform Committee, 30 Sep 2021, featuring dubious reading comprehension, a RAFT of bills purporting to perfect "constitutional rights", tears, sippy cups, and Gloria Steinem, "feminist icon" of the middling sort--possibly low-income menstruating colored people--as is the custom when FIFTH WAVE politicians have exhausted a philosophy of "qualified" equity and meritocracy which has bound the nation in their exceptional ignorance in "cases of rape or incest". running time 05:01:39.

reference
Jane ROE, et al., Appellants, v. Henry WADE, 410 U.S. 113 (1973)

Held:

  1. While 28 U.S.C. § 1253 authorizes no direct appeal to this Court from the grant or denial of declaratory relief alone, review is not foreclosed when the case is properly before the Court on appeal from specific denial of injunctive relief and the arguments as to both injunctive and declaratory relief are necessarily identical. P. 123.

  2. Roe has standing to sue; the Does and Hallford do not. Pp. 123-129.
[...]
3. State criminal abortion laws, like those involved here, that except from criminality only a life-saving procedure on the mother's behalf without regard to the stage of her pregnancy and other interests involved violate the Due Process Clause of the Fourteenth Amendment, which protects against state action the right to privacy, including a woman's qualified right to terminate her pregnancy. Though the State cannot override that right, it has legitimate interests in protecting both the pregnant woman's health and the potentiality of human life, each of which interests grows and reaches a "compelling" point at various stages of the woman's approach to term. Pp. 147-164.
[...]
  1. The State may define the term "physician" to mean only a physician currently licensed by the State, and may proscribe any abortion by a person who is not a physician as so defined. P. 165.

  2. It is unnecessary to decide the injunctive relief issue, since the Texass authorities will doubtless fully recognize the Court's ruling
And so they have but for the 4mm embryo "heart beat" limitation
314 F. Supp. 1217, affirmed in part and reversed in part.

[the contrite Klans man] BLACKMUN, J., delivered the opinion of the Court, in which BURGER, C.J., and DOUGLAS, BRENNAN, STEWART, MARSHALL, and POWELL, JJ., joined. BURGER, C.J., post, p. 410 U. S. 207, DOUGLAS, J., post, p. 209, and STEWART, J., post, p. 167, filed concurring opinions. WHITE, J., filed a dissenting opinion, in which REHNQUIST, J., joined, post, p. 221. REHNQUIST, J., filed a dissenting opinion, post, p. 171.

Planned Parenthood of Southeastern Pennsylvania v. Casey, 1992
"undue burden" test of states' regulations
Whole Woman's Health v. Hellerstedt, 2016
"balancing of benefits and burdens" of states' legitimate interests
Whole Woman's Health et al. v Paxton, et al., 18 Aug 2021
wherein 5th Cir. enumerates US district ct errors in findings of fact and case law pertaining to one medical procedure (rather than "viability" per se), then recites "constitutional" restriction and permissions (109 pp)
Whole Woman's Health, et al. v Judge Austin Reeve Jackson, et al. 5th Cir. per curiam, 10 Sep 2021
wherein "light of S.B. 8's enforcement mechanism, Plaintiffs have adopted a novel strategy for their pre-enforcement [!] challenge. Principally, they seek to enjoin the entire Texas judiciary to prevent any [!] court from entertaining S.B. 8 lawsuits."

archived Who is a "health provider"?

by Cat on Sun Oct 3rd, 2021 at 06:14:13 PM EST
[ Parent ]

(L) USAToday Pro-vida "abortion clinic" urges, (R) AP News Biden "pro-life" blockers

APsplainin rule of law
wut: "If the Justice Department prevails, Texas officials [?!] would likely seek a swift reversal from the 5th U.S. Circuit Court of Appeals, which previously allowed the restrictions to take effect reversed a US district ct's permanent injunction of Tex. Health & Safety Code stipulating 'fetal death' at time of a permissable 'dismemberment abortion' procedure, 15-22 weeks"

wut: "At least one Texas abortion provider PHYSICIAN Alan Braid has admitted to violating the law and been sued -- but not by abortion opponents. Former attorneys in Illinois and Arkansas say they instead[?!] sued a San Antonio doctor physician ALAN BRAID in hopes of getting a judge [in Bexar County - TEXASS 224th District Court] who would invalidate the law"

despite Whole Woman's Health's petition to a Texass court to enjoin the entire Texass judiciary from hearing complaint invoking S.B.8.

archived Avenatti School of Law, juris doctors Stiley and Gomez v ALAN BRAID; US v Texass

by Cat on Sun Oct 3rd, 2021 at 10:50:20 PM EST
[ Parent ]
MALONEY: Ms Steinem, thank you for being here today. You spoke about your own abortion, and in the early 1970s before Roe v. Wade you pioneered the fight for reproductive rights. But what is happening today puts these five decades of progress [wipes tears] at risk. Ms Steinem, since Roe v. Wade has the right to abortion ever been under greater risk than it is now? Than it is today? ... You need to unmute, Ms Steinem.
STEINEM: I do not remember any time of greater risk, and I'm sorry to say that I believe it is also connected to a racial bias in this country [INCONTINENCE ALERT] because we are at a point when we are about to become a majority people of, of color country. Which seems to me a great event in a way. We're going to have better relationships with other countries in the world, understand uh differences better. But I think the ... there is a profoundly racist resistance to the continuation to the right to safe and legal abortion, and we see that in the nature of the resisters and the nature of their politics. It is absolutely fundamental that we control our own bodies. Ther is no democracy without that. We are fighting for the very basis of democracy.
MALONEY: Thank you. Professor Murray ...
by Cat on Sun Oct 3rd, 2021 at 11:13:30 PM EST
[ Parent ]
wut: "HB 1904 requires doctors physicians performing abortions to be board-certified in obstetrics and gynecology. Abortion rights groups say that six out of ten abortion doctors in [OKLAHOMA] will no longer be able to perform abortions under that law."

Duly noted: "WRIT OF MANDAMUS IS DENIED"

by Cat on Tue Oct 5th, 2021 at 06:43:11 PM EST
[ Parent ]
Duly noted
The Oklahoma Supreme Court temporarily blocked three abortion laws that were set to take effect Nov. 1. The laws include one that would require doctors who perform abortions to be board certified in obstetrics and gynecology, and two that would place various restrictions on medication abortion.
Orrrrrrrrrrrder
Oklahoma Call for Justice, et al. v John O'CONNOR, in his official capacity as Attorney General for the State of Oklahoma, et al.: 5 joined, 3 concurring, 2 dissents, 1 "not present", 0 editorial annotation as to either the "ideological leaning" of each associate or administrative relation of their order to the UNPRECEDENTED procedural question posed by US v TEXASS emerging from the SCOTUS "shadow docket":
Justice Samuel Alito, who is assigned to handle requests from Texas, on Friday also granted a petition from the Department of Justice to have the court hear its challenge of S.B. 8 this term. But the question before the court in that case is limited to whether the federal government has the power to stop state officials or private parties from enforcing Texas' law.
by Cat on Wed Oct 27th, 2021 at 11:44:08 PM EST
[ Parent ]
Preface to press narrative propelling the bogus shadow docket theory of partisan preference in the court of last resort deeper into the febril minds of the populus is this: "You can't handle Due Process"

Federal US District ct judge blocks Texass' 6-week abortion ban* law, S.B. 8 per US v Texass pleading

The court was able to decide[sic] this through the use of the shadow docket, which allows[sic] the high court to rule[sic] on issues without going through the ["]traditional["] appeals channels appellate court review or allowing for oral argument.
With S.B. 8 about to go into effect, Plaintiffs filed an application for injunctive relief or, in the alternative, to vacate the Fifth Circuit's stays of this Court's proceedings with the Supreme Court. Whole Woman's Health v. Jackson, No. 21A24, 2021 WL 3910722, at *1 (U.S. Sept. 1, 2021). At midnight, S.B. 8 became law, and that night the Supreme Court issued its [plurality and dissenting] opinions denying Plaintiffs' request [Application (21A24)] for an injunction or stay. Id.
What was the question?
While acknowledging that Plaintiffs had "raised serious questions regarding the constitutionality of the Texas law at issue[,]" the Supreme Court expressed concern about the "complex and novel antecedent procedural questions." Id. [Pitman, p 11; emphasis added]

[SCOTUS] Justices did allude to the Texas law in question returning to them in the traditional appeals process. With federal US District ct judge ruling against the state [motion to dismiss Plaintiff's motion to proceed before Plaintiff's motion to enjoin the entire TX judiciary], it is likely officials the TX AG will appeal [US District ct's order] to the Fifth Circuit Court of Appeals, considered to be one of the most ideologically conservative federal appeals courts.

The reporter continues to propound numerous, redundant if popular interpretations of "Roe v Wade" case law which cap Texass et al.'s uhh momentous challenges to federal supremacy--before finally "alluding" to the diabolically uhh crafted constitutional questions presented by Dobbs (MS, appellant) v  Jackson Women's Health Organization , preceding by a cupla years in the python S.B.8's purported "deputing" construction on SCOTUS docket (schedule).
This case [US v Texass] has the potential < wipes tears > to be that very case that returns the Texas Heartbeat Act to the Supreme Court. However, the debate over abortion rights wages[sic] on as justices will hear arguments in a case concerning a Mississippi law that bans abortion within 15 weeks of gestation.[FALSE]
FIFO. alrighty then. FF >>| VI. CONCLUSION
US v Texass syllabus and order, issued by the US District Ct, Austin Div.(113 pp)
Based on the Court's findings of fact and conclusions of law:  
 IT IS ORDERED that the United States' Emergency Motion for Temporary Restraining Order or Preliminary Injunction, (Dkt. 8), is GRANTED as set out above in Section V.  
 IT IS FURTHER ORDERED that the States of Texas's Motion to Dismiss, (Dkt. 54), is DENIED.
 IT IS FURTHER ORDERED that Amici States' Unopposed Motion for Leave to File Brief as Amici Curiae, (Dkt. 9), is GRANTED.
 IT IS FURTHER ORDERED that the United States' Opposed Motion for a Protective Order of Audiovisual Recordings, (Dkt. 36), is DENIED.
Where did the US District ct rationale err in fact or law?

* This syntax is comically ambiguous. How'd that get past a COPY EDITOR?

by Cat on Thu Oct 7th, 2021 at 10:56:30 PM EST
[ Parent ]
The ["ideologically conservative"] Fifth Circuit recently reinforced the concept that states may not sue the federal government in parens patriae to enforce Constitutional rights because the federal government is the ultimate parens patriae when it comes to enforcement of the Constitution. Brackeen v. Haaland, 994 F.3d 249, 292 n.13 (2021) (rehearing en banc) (quoting Katzenbach, 383 U.S. at 324).
< wipes tears > FIFTH WAVE be, like, saaaywut
by Cat on Thu Oct 7th, 2021 at 11:52:13 PM EST
[ Parent ]
archived
in re Debs [waitwut]

reference
In re Debs et al Art. 1, interstate commerce clause--applied and inferred--on the occasion of crushing the ("mostly black") Pullman strike of 1895: Brewer WHO?

3 'No trace is to be found in the constitution of an intention to create a dependence of the government of the Union on those of the states, for the execution of the great powers assigned to it. Its means are adequate to its ends, and on those means alone was it expected to rely for the accomplishment of its ends. To impose on it the necessity of resorting to means which it cannot control, which another government may furnish or withhold, would render its course precarious, the result of its measures uncertain, and create a dependence on other governments, which might disappoint its most important designs, and is incompatible with the language of the constitution.' Chief Justice Marshall in McCulloch v. State of Maryland, 4 Wheat. 316, 405, 424.

4  'Both the states and the United States existed before the constitution. The people, through that instrument, established a more perfect union by substituting a national government, acting, with ample power, directly upon the citizens, instead of the confederate government, which acted with powers, greatly restricted, only upon the states.' Chief Justice Chase in Lane Co. v. Oregon, 7 Wall. 71, 76.

Articles of Confederation, possibly the latest HUNPOLXIT CRISIS
5 'We hold it to be an incontrovertible principle that the government of the United States may, by means of physical force, exercised through its official agents, execute on every foot of American soil the powers and functions that belong to it. This necessarily involves the power to command obedience to its laws, and hence the power to keep the peace to that extent.'
"Obama appointee" Pitman, III. Legal  Standards, 2. Cause of Action [p 38]
a. The Foundations of the Equitable Remedy

Equitable remedies have a long been established as tools available to courts, predating the Constitution itself. See Irvine v. Marshall, 61 U.S. 558, 565 (1857) ("[C]ases in equity are to be understood [as] suits in which relief is sought according to the principles and practice of the equity jurisdiction, as established in English jurisprudence"). The federal judicial power extends to "all cases, in law and equity, arising under [the] Constitution[,]" U.S. CONST. art. III, § 2, through which grant of authority "adopt[s] equitable remedies in all cases . . . where such remedies are appropriate." Paine Lumber Co. v. Neal, 244 U.S. 459, at 475 (1917). As Justice Scalia [LOL!] has explained, suits in equity to "enjoin unconstitutional actions by state and federal officers" are a judge-made remedy deeply rooted in American jurisprudence, reflecting "a long history of judicial review . . . , tracing  tracing back to England [LOL!]." Armstrong v. Exceptional Child Ctr., Inc., 575 U.S. 320, 327 (2015) (quoting Jaffe & Henderson, Judicial Review and the Rule of Law: Historical Origins, 72 L.Q. REV 345 (1956)).

archived game theory,(c) removing 1st and 7th amdt rights granted "private persons"
by Cat on Fri Oct 8th, 2021 at 05:23:48 PM EST
[ Parent ]
L'etat c'est We the People: exceptions, Pitman, pp 62-93, Mitch O'bama School of ConLaw
The exception "rests on the fiction . . . that because a sovereign state cannot commit an unconstitutional act, a state official enforcing an unconstitutional act is not acting for the sovereign state and therefore is not protected by the Eleventh Amendment." Okpalobi v. Foster, 244 F.3d 405, 411 (5th Cir. 2001). Because state officials lack sovereign immunity protection in a suit brought by the United States, this Court need not address whether their conduct falls within the Ex parte Young exception.40 Even so, the Supreme Court's reasoning for creating the Ex parte Young exception informs this Court's determination. The exception "is based in part on the premise that sovereign immunity bars relief against States and their officers in both state and federal courts, and that certain suits for declaratory or injunctive relief against state officers must therefore be permitted if the Constitution is to remain the supreme law of the land." Alden, 527 U.S. at 747. It is rooted in the "supreme authority of the United States." Young, 209 U.S. at 167.

Lacking the protections of sovereign immunity, an injunction against the State also would run as to people who act as an arm of the state, such as state judicial officials like judges and court clerks. Given that it is the threat of S.B. 8 lawsuits that deters providers from offering abortion care services, see supra Section IV(B)(1)(a)(i), an injunction must halt existing S.B. lawsuits and prevent new suits from being maintained by the state judiciary. Even though private individuals file S.B. 8 lawsuits, the state judiciary plays a role in the lawsuits through several official actions including docketing, maintaining, hearing, and rendering relief in an S.B. 8 lawsuit.41
[...]
Any argument that the State, through its judicial system and judges, is not involved in the enforcement of S.B. 8 lawsuits is contradicted by the plain language of the statute and by the reality of how state courts operate as an arm of the state to enforce the law, especially when the State has intentionally crafted a statute to employ private citizens[sic] as its proxy. Put simply, the State's participation in enforcing S.B. 8 lawsuits amounts to actionable state action. See Shelley, 334 U.S. at 18 ("[I]t has never been suggested that state court action is immunized from the operation of [the Fourteenth Amendment] simply because the act is that of the judicial branch of the state government.").
[...]
In Jackson, the Fifth Circuit's analysis of its appellate jurisdiction over a private individual who might sue under S.B. 8 hinged on the fact that the "connection between judges, clerks, and [the private individual are] impossible to miss." Jackson, 2021 WL 4128951, at *7. So much so that the Fifth Circuit determined that the private individual's "jurisdictional issues [under S.B. 8] are `inextricably intertwined' with the same issues in the State Defendants' appeal . . . ." Id. (quoting Swint v. Chambers Cty. Comm'n, 514 U.S. 35, 51 (1995)). S.B. 8 vests private individuals with the authority to enforce the statute, "a traditionally exclusive state power." (Mot. Prelim. Inj., Dkt. 8, at 40). The Chief Justice of the Supreme Court has himself described the statutory scheme as "unprecedented" and noted that it "delegated enforcement* . . . to the populace at large. . . . to insulate the State from responsibility for implementing and enforcing the regulatory regime." Jackson, 2021 WL 3910722, at *1 (Roberts, C.J., dissenting).  

As such, private individuals enforcing S.B. 8 are properly regarded as state actors. "Individuals suing under S.B. 8 are not suing `for violation of distinct legal duties owed' to them as individuals, but instead are suing `for violation of legal duties owed the public.'" (Mot. Prelim. Inj., Dkt. 8, at 40) (quoting Texas v. Dep't of Labor, 929 F.3d 205, 213 (5th Cir. 2019)).

[INCONTINENCE ALERT]
Courts have characterized private parties as state actors where a state allows or is involved with conduct that would be unconstitutional should the state itself engage in that conduct.42 See also Edmonson v. Leesville Concrete Co., 500 U.S. 614, 621-22 (1991) ("Our precedents establish that, in determining whether a particular action or course of conduct is governmental in character, it is relevant to examine the following: the extent to which the actor relies on governmental assistance and benefits; whether the actor is performing a traditional governmental function; and whether the injury caused is aggravated in a unique way by the incidents of governmental authority.") (internal citations omitted). Apt is Shelley, a 1948 case brought by the Kraemers, a white couple, against the Shelleys, a Black couple, to stop the Shelleys from moving into the house they had just purchased in a St. Louis neighborhood.43 334 U.S. at 4-6. The Kraemers sought to enforce the terms of a restrictive covenant that specifically excluded Blacks from occupying the property.
* trans. note: to depute; bf emphases added throughout. < wipes tears > sins, stains, apologies
archived Alien Tort Act, color of law, obedience I, obedience II
by Cat on Sun Oct 10th, 2021 at 02:43:56 PM EST
[ Parent ]
Texass AG Paxton appeals US temporary restraining order.
APsplainin dumps Pitman's "blistering" 113 pp opinion without comment as to the actual constitutional complaint presented by DOJ and equivocates findings of fact--purported harmful effects of S.B.8--as well as law--namely any SCOTUS constitutional precedent, cited in foresaid complaint.  
by Cat on Sat Oct 9th, 2021 at 12:51:10 AM EST
[ Parent ]
plucky courthousnews reporter dives into the bogus shadow docket, retrieves KY appeal of 6th Cir injunction ...Abortion and the high court: Kentucky FIRST[?] up in a growing MOVEMENT, Tues, 12 Oct 2021
House Bill 454, as the law is officially known, would bar a dilation and evacuation procedure -- the country's most common method for abortion of a fetus in the second trimester [TRUE] -- unless that fetus is already dead.[FALSE]
cf. 5th Cir. "blistering" opinion reversing US District ct. factual and procedural errors in Whole Woman's Health et al. v Paxton, et al., 18 Aug 2021
After the Sixth Circuit affirmed an injunction for the clinic, the [KY] health secretary appointed by U.S. District Judge Joseph [eh?] opted to drop further appeal. Rather than late the case die, however, [AG Daniel] Cameron in turn moved to intervene.
What is the question?
  1. Whether a state attorney general vested with the power to defend state law should be permitted to intervene after a federal court of appeals invalidates a state statute when no other state actor will defend the law.
  2. And if so, whether the Court should vacate the judgment below and remand for further consideration in light of June Medical.
"EMW ignores that the Attorney General moved to intervene in his capacity as the Commonwealth of Kentucky's chosen agent to represent its sovereign interests in court," Cameron argues in a reply brief.

The justices granted [KY] certiorari in March [2021], amid several other abortion-related case[s] that have been moving through the appellate courts simultaneously. Back in [] June [2020], the Supreme Court voted 5-4 to strike down another strict Louisiana abortion law in the case June Medical Services LLC v. Russo.

Breyer, J., announced the judgment of the Court and delivered an opinion, in which Ginsburg, Sotomayor, and Kagan, JJ., joined. Roberts, C. J., filed an opinion concurring in the judgment. Thomas, J., filed a dissenting opinion. Scalito, J., filed a dissenting opinion, in which Gorsuch, J., joined, in which Thomas, J., joined except as to Parts III-C and IV-F, and in which Kavanaugh, J., joined as to Parts I, II, and III. Gorsuch, J., and Kavanaugh, J., filed dissenting opinions.
archived Ima tell you how this is going down, BREYER MUST GO!, I pity the SCOTUS
by Cat on Sat Oct 9th, 2021 at 02:41:36 AM EST
[ Parent ]
REUTERS | U.S. Supreme Court leans toward letting Kentucky official defend abortion law
Why is that?
You have reached your article limit
Fight to limit abortion access in Kentucky focuses on AG's standing: What was the question?
to tackle state-sovereignty claim that Kentucky's attorney general is wielding to all but ban abortions after 15 weeks.
[...]
These [regulatory] issues* did not even register Tuesday at oral arguments, where the court focused instead on the ["]technical matter["] of whether the attorney general, a separately elected [BWAH!] office [of We the People], has the authority [BWAH!]to appeal in place of the state's [appointed] secretary of health [laws enacted by KY legislature?]. Due to a change in political administrations, the secretary is now a Democrat and has opted not to fight an injunction against HB 454 upheld by the Sixth Circuit.
"Why would we call it an abuse of discretion for a court of appeals, after it rendered its judgment, to say we don't really care what has happened in the political arena," Justice Sonia SOTOMAYOR grilled a deputy state solicitor general. "We don't want to be dragged into it. You agree to be bound by this judgment. You didn't appeal [US District, US 6th Cir., even though you were a party. Are you telling me you're now willing to waive the sovereign immunity of the state? Because that's what it sounds like."
EMW: Filing deadline default! KY snoozed, KY loses.
SCOTUS: State sovereignty is timeless until further notice.
So here they are.
Justice [Anti-RBG] asked why the petitioner didn't just intervene on behalf of the state -- a move that would have waived the state sovereign immunity. "We wouldn't be even having this discussion if you had intervened on behalf of Kentucky," the Trump appointee [?] [KY Deputy Solicitor General Matthew Kuhn] said.
[...]
BREYER pushed [ACLU attorney Alexa Kolbi-]Molinas on why Cameron could not defend the law.

"The Sixth Circuit says this is unconstitutional, and somebody could have filed a defendant motion for rehearing, and then they could have tried to come here," Breyer said. "But the secretary of state said I'm not going to do that because there had been a political party change. And so at that point, the attorney general says well ... nobody's going to defend this so I better. Is that what happened? Am I totally wrong?"

* moot court: Casey with Hellerstedt is the controlling opinion limiting state regulations in re: "viability", abortion "access," and any medical procedures. Erryone but twitter has moved on to contesting state and State ha. ha. ha. sovereignty applicable to any controversy.

archived I cannot overstate how utterly irrelevant and ill-conceived this "issue"

by Cat on Wed Oct 13th, 2021 at 02:00:00 AM EST
[ Parent ]
EMW WOMEN'S SURGICAL CENTER, P.S.C., et al. v. ADAM MEIER, in his official capacity as Secretary of Kentucky's Cabinet for Health and Family Services, et al., US District Court for the Western District of Kentucky [WDKY], No. 3:17-CV-00189-GNS affirmed by 6th Cir. as No. 18-6161.

So Nabakov.

by Cat on Wed Oct 13th, 2021 at 02:10:56 AM EST
[ Parent ]
MOTION TO STAY PRELIMINARY  INJUNCTION PENDING APPEAL AND, ALTERNATIVELY,
FOR A TEMPORARY ADMINISTRATIVE STAY PENDING  CONSIDERATION OF THIS MOTION

by Cat on Sat Oct 9th, 2021 at 05:19:16 AM EST
[ Parent ]
Texass trolling the federalists ...
Republican Texas Governor Greg Abbott, responding to what he called "bullying" by the Biden Administration, on Monday barred all COVID-19 vaccine mandates in the state by any entity, including private employers.
...since Aaron Burr first put on pants.
"In another instance of federal overreach, the Biden Administration is now bullying many private entities into imposing COVID-19 vaccine mandates, causing workforce disruptions that threaten Texas' continued recovery from the COVID-19 disaster," Abbott said in an executive order.

The White House had no immediate comment.

Abbott's order states that "no entity in Texas" could compel proof of vaccination by any individual, including employees or customers. He called on state lawmakers to take up the issue in an upcoming special session.

archived hOLymARYMutTRagoTT, Federal Register EO 14042, EO 14043
by Cat on Tue Oct 12th, 2021 at 02:13:06 PM EST
[ Parent ]
Bloomberg | Southwest Air Pilots Seek to Block Covid Vaccination Mandate EO 14042, 9 Oct, "following" EO 14042 regulatory deadline, 8 Oct
The Southwest Airlines Pilots Association's filing Friday also asked for an immediate hearing on the request before a federal court in Dallas, claiming the carrier has continued to take unilateral actions that violate terms of the Railway Labor Act, which governs airline-union relations. Those steps include the Covid-19 vaccination requirement.
flight concelations nationwide attributed by yella sheets to "weather"
"The new vaccine mandate unlawfully imposes new conditions of employment and the new policy threatens termination of any pilot not fully vaccinated by December 8, 2021," the legal filing said. "Southwest Airlines' additional new and unilateral modification of the parties' collective bargaining agreement is in clear violation of the RLA."
archived APsplainin Unions split on vaccine mandates, "contract-like instruments"
by Cat on Tue Oct 12th, 2021 at 03:12:38 PM EST
[ Parent ]
Southwest president says nothing nefarious behind flight cancellations, airline eyes holiday travel cuts
The airline blamed air traffic control issues and weather in Florida on Friday, saying the ripple effects put planes and employees out of place, and it had too few reserves [!] to pick up the slack....Southwest and its pilots union have steadfastly denied that workers walked off the job to protest a federal vaccine mandate. (The pilots sued the airline to stop the mandate.)
perfect storm
"The fact is the Florida weather on Friday and unexpected ATC issues on Friday night resulted in delays and cancellations across our network, and it just got us behind."
[...]
"They were just caught in a perfect storm," [Jon Jager aviation analyst] said, citing staffing levels [!], weather and flight crews running out of time because of the delays and cancellations. Pilots and flight attendants are only allowed to work a certain number of hours per day due to [union] contract[s] and government rules.
archived O'Leary v EU-28 Ryanair pilots, cabin crews, and "contractors"
by Cat on Tue Oct 12th, 2021 at 04:24:38 PM EST
[ Parent ]
New York must allow religious exemptions to vaccine mandate, judge rules
U.S. Northern District Justice David Hurd of Utica granted a preliminary injunction temporarily barring New York state and employers from enforcing the COVID-19 vaccine mandate against medical workers claiming a ["]legitimate religious exemption["]. Last month, Hurd issued a temporary restraining order blocking enforcement of the mandate in relation to ["]religious beliefs["].

archived y'all know where this story's headed dontcha?, APsplainin Religious exemption requests grow
by Cat on Tue Oct 12th, 2021 at 04:48:59 PM EST
[ Parent ]
Introduction To The Federal Court System
"The federal court system has three main levels: district courts (the trial court), circuit courts which are the first level of appeal, and the Supreme Court of the United States, the final level of appeal in the federal system. There are 94 district courts, 13 circuit courts, and one Supreme Court throughout the country."

audio (EN)

static map of Art. III jurisdiction ("parts" of the whole)
color coded federal appellate ("circuit") territories, bf numeral; NB: state and federal judicial hierarchies are distinct, ie. a state's Supreme Ct. is not a "part" of Art. III; similarly, Art. I administrative law courts' jurisdictions (not shown) are limited to adjudicating procedural disputes (APA) between entitled "persons" and each fed agency's execution of regulations, delegated to them by the odious. An Art.I court may or may not refer a litigant to an inferior Art.III court.

POP QUIZ! Locate US NDNY
archived Can [JEAN] really do that?

by Cat on Tue Oct 12th, 2021 at 08:08:18 PM EST
[ Parent ]
Archaeology: yella sheet exhumes most "ideologically conservative" COLORADO state supreme ct.
Planned Parenthood shooting MASSACRE spurs trial on lax security claims
Federal prosecutors indicted  [Robert Dear, domestic trrst? "Hate crime" perp?] in 2019, but it remains to be seen whether he will be found mentally fit to stand trial.
If convicted, Dear faces a minimum penalty of 10 years in prison, and a maximum penalty of death, although federal prosecutors have yet to confirm if they will seek the death penalty. Several victims of the incident sued Planned Parenthood in 2016. The case remains pending before Judge. Christopher Jay Baumann in the Denver County District Court.
FIFTH WAVE is a void.
Five people sued Planned Parenthood [?!] in 2016, including Samantha Wagner whom Dear shot in the parking lot, along with her friends. A Colorado judge initially granted summary judgment in favor of Planned Parenthood, but the Colorado Court of Appeals reversed in February 2019, and the state Supreme Court affirmed.
"state actors" v "private persons": "How do you know that? I think that's a fact question," [SCOTX Justice Richard] Gabriel said. "If there was an armed guard watching this on a security monitory, couldn't that have saved lives?"
"Neither the FBI nor the Colorado Bureau of Investigation nor the National Security Administration [NSA] nor the Colorado Springs Police knew about Dear," Taylor said. "Not even his girlfriend knew what he was going to do."
Justice Department again tries to block near-total abortion ban in Texas files timely response (objecting) to 5th Cir. preliminary injunction granted Texass

archived Magic Merrick POISED to reverse Trump Obama "policy"

by Cat on Tue Oct 12th, 2021 at 10:35:17 PM EST
[ Parent ]
SCOTX s/b SCOCO
by Cat on Tue Oct 12th, 2021 at 11:03:23 PM EST
[ Parent ]
Southwest drops plan to put unvaccinated staff on unpaid leave starting in December
Southwest Airlines and American Airlines are among the carriers that are federal contractors and subject to a Biden administration requirement that their employees are vaccinated against Covid-19 by Dec. 8 unless they are exempt for medical or religious reasons.
[...]
Southwest's senior vice president of operations and hospitality, Steve Goldberg, and Julie Weber, vice president and chief people officer, wrote to staff on Friday that if employees' requests for an exemption haven't been approved by Dec. 8, they could continue to work while following mask and distancing guidelines until the request has been reviewed.
possibly related daily fact EO 14042 UPDATE!
by Cat on Thu Oct 21st, 2021 at 12:25:44 AM EST
[ Parent ]
by Cat on Mon Nov 1st, 2021 at 05:34:25 AM EST
[ Parent ]
Southwest investigates pilot who used 'Brandon' phrase
"The phrase ['Let's go'] is an aphorism in conservative circles for a vulgarity targeting President Biden."
'Let's Go Brandon' song tops iTunes charts
by Cat on Mon Nov 1st, 2021 at 05:40:51 AM EST
[ Parent ]
Mothers sue after children catch Covid at Wisconsin schools with no mandates

Lawsuits say school districts created a `snake pit' by ignoring coronavirus safety measures recommended by health officials

Poverty ...

Serious financial problems afflict 40% of US households in recent months

The survey by NPR, the Robert Wood Johnson Foundation and the Harvard TH Chan School of Public Health also showed that in those last few months, as the US struggled to contain the infectious Delta coronavirus variant, the percentage of households reporting serious financial problems rose to 59% when they had an income under $50,000 a year.

'Sapere aude'

by Oui (Oui) on Tue Oct 12th, 2021 at 05:10:21 PM EST
[ Parent ]
Today I encountered a UID who assumed the penalty for non-compliance with Taxass Gov Abbott's executive order is death, a "capital offence".

GA 40

I mention, because I can't shake the idea that people who don't live in USA have a clue to whom they are dealing.

by Cat on Wed Oct 13th, 2021 at 03:19:03 AM EST
[ Parent ]
Turkey may already be in the process of destroying a Greek relic, making "the entire world angry"! This evening RT presenter Rick Sanchez asked RT producer Joe Ricci, who also happens to possess a PhD in history, to explain "with some sense of authority", WHY in the WORLD would Turkey do something like this? And help us understand how important these Greek landmarks are.

"the foundational tale of western literature"

Assos is "right near the city Troy" [I-IX], site of the Trojan war in the Illiad ["elite" pulp fiction]. "Historically, 500 to a thousand years before the birth of Christ, this area was ALL populated by Greeks. So the center of Greece was really the Aegean Sea." They called Ionia or Anatolia which in Greek just means 'the east' or the 'land of the rising sun' [more often translated to *-Eng., "Asia"] It remained Greek-speaking until the 1920s, "when there were finally some deportations of Greek people from Turkey ... so there was a kind of sorting which took place between Greece and Turkey."

Dr. Ricci explains. Turkish provincial government wants some hotels built. "They're not actually trying to destroy the site. They're actually trying to build up the area" to accommodate moar tooorists. One thing that is safe to say is, "the Turks might not like that Greek sites lay all over their territory... but these sites have brought millions and millions, billions, of tooorist revenue to the Turks."

reference
Troy Excavation Project Final Reports I.1: The West Sanctuary I. Iron Age-Classical. Studia Troica Monograph 12. Carolyn Aslan, Kathleen Lynch, and Mark Lawall. R. Habelt, Bonn, 2018.

by Cat on Thu Oct 7th, 2021 at 04:51:30 AM EST
[ Parent ]
needs moar "tiny Baltic state" consultation, possibly Mycenen and Ugraritic translations from the "text" describing localized kiln-fired pottery.
by Cat on Fri Oct 8th, 2021 at 05:51:37 PM EST
[ Parent ]
Journalists who took on Putin and Duterte win 2021 Nobel Peace Prize
Maria Ressa and Dimitry Muratov were credited by the Nobel Committee as "representatives of all journalists who stand up for this ideal ["courageous fight for freedom of expression"] in a world in which democracy and freedom of the press face increasingly adverse conditions".

The award comes at a time when restrictions on the press and threats to the safety of journalists are on the rise globally. Often using the COVID-19 pandemic as a license, many governments have increased restrictions on the press and controls on information in recent years.

Kashoggi be, like

.....

Assange be, like,

halp ... halp ...

Snowden be, like

Who me?

Anna-Karin Bylund be, like

Thanks for nothing

Biden be, like

C'mon, man. The thing.

by Cat on Fri Oct 8th, 2021 at 07:20:41 PM EST
[ Parent ]
by Cat on Sat Oct 9th, 2021 at 03:04:26 AM EST
[ Parent ]
by Bernard (bernard) on Fri Oct 15th, 2021 at 09:27:21 PM EST
[ Parent ]
The BBC channeling antisemitism when presenting a French period drama (they didn't manage to blame it on Corbyn this time).

After the backlash, the Beeb changed the tagline from "the notorious jewish spy" to  "arrested for spying".

by Bernard (bernard) on Sun Oct 17th, 2021 at 03:00:31 PM EST
[ Parent ]
by Bernard (bernard) on Fri Oct 1st, 2021 at 05:29:47 PM EST
Some idiots dubbed the 2016 Brexit referendum 'our Independence Day'. As John Oliver remarked: "Britain is already independent. Actually, Britain is what many countries have become independent from."

For instance:

Independence Day (Cyprus)

In Cyprus, Independence Day falls on 1 October. It is celebrated by festivals at schools and a large military parade in the capital. Cyprus became independent from the British in 1960 after Cyprus won full sovereignty from Britain.
by Bernard (bernard) on Fri Oct 1st, 2021 at 05:46:36 PM EST
[ Parent ]
by Cat on Tue Oct 5th, 2021 at 12:44:37 AM EST
[ Parent ]
16 October 2021: Journalist Daphne Caruana Galizia is murdered in a car bomb attack in Malta.
by Bernard (bernard) on Sat Oct 16th, 2021 at 08:53:29 PM EST
[ Parent ]
On This Day in 1961, French Police Murdered Dozens of Pro-independence Algerians

October 17, 1961: A massacre of Algerians in the heart of Paris

In deep secrecy, the FLN started organising a march against the curfew and police repression of Algerians more broadly. The group called on Algerian men, women and children to take to the streets of Paris on the evening of October 17.
......

Some Algerians were beaten to death, bludgeoned by clubs, batons or other such contraptions. Some were shot dead. Some were thrown into the Seine; some already dead, some still alive, their feet and hands bound. They were the people "drowned by bullets" according to Paris police HQ's official expression. For several days, those bodies washed up in the Seine and Paris's canals.

The Paris chief of police, Maurice Papon, who organized the repression, was later appointed to the cabinet under President Valéry Giscard d'Estaing (1978 to 1981). During the 1980s, Papon's role  in the deportation of 1,600 Jews of Bordeaux to Drancy from 1942-44, under the Vichy government, came to light. Papon was finally tried for crimes against humanity and was convicted in 1998; he died in 2007.

by Bernard (bernard) on Sun Oct 17th, 2021 at 06:34:59 PM EST
[ Parent ]
Colin Powell joins Ray Odierno in the circle of miscreants.
wut: "Saddam was captured by U.S. forces while hiding out in northern Iraq in December 2003 and later executed by the Iraqi government."
by Cat on Mon Oct 18th, 2021 at 02:17:32 PM EST
[ Parent ]
Colin Powell, American coward
At just about every crucial juncture in his career, Colin Powell has failed his country, and himself.

This sorry record goes all the way back to his time as a young U.S. Army Major posted in Saigon, when, after the My Lai Massacre, he was asked to investigate a soldier's letter describing atrocities against the Vietnamese people. Powell rejected the charges and famously wrote, "In direct refutation of this portrayal is the fact that relations between American soldiers and the Vietnamese people are excellent."

by gk (gk (gk quattro due due sette @gmail.com)) on Mon Oct 18th, 2021 at 03:18:53 PM EST
[ Parent ]
heh. What has that vater of "moral courage" been up to?
Master of FranknDodd in the Politics War Room with James Carville & Al Hunt, 30 Sep 2021
by Cat on Mon Oct 18th, 2021 at 05:55:32 PM EST
[ Parent ]
A bomb (actually a grenade) is sent to US Ambassador to France Myron Herrick, in the guise of a package from "a well-known perfumery house," but it only injures his English valet, who luxuriates in the very English-valet name Blanchard....
by Cat on Wed Oct 20th, 2021 at 02:57:16 PM EST
[ Parent ]
From another forum:
by generic on Fri Oct 22nd, 2021 at 01:19:31 PM EST
[ Parent ]
by Bernard (bernard) on Sat Oct 23rd, 2021 at 09:07:59 PM EST
[ Parent ]
by Bernard (bernard) on Fri Oct 1st, 2021 at 05:30:02 PM EST


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