TWIT: He's BAAACK!

Nut job spreading hate

More:  The NY Times reports that two jurist colleagues of Aileen Cannon recommended she recuse herself from the Espionage Act prosecution of Don 'Legit' based on her lack of experience in these types of cases and her overruling by the 11th Circuit for interfering in the government's investigation of events at Mar-a-lago. Cannon, a Colombian immigrant appointed by the "Boss", refused to step away.  Her obvious bias in favor of her benefactor resulted in her eventually dismissing the prosecution's case on dubious constitutional grounds suggested by corrupt Supreme Court Justice Clarence Thomas in his concurring opinion on the presidential immunity decision.  

Under federal statute a judge must recuse if their impartiality can be reasonably questioned. 28 USC § 455 Now that her dismissal decision is at the 11th Circuit for review, the appellate court should take the opportunity to remove her from presiding.  She has exhibited her bias throughout the case by delaying at every opportunity starting with attempting to quash the FBI's search warrant for illegally retained secret documents at Mar-a-lago. She achieved her goal by preventing a trial before the election in November, but she should at least be removed from the case as a consequence.

State Judge Scott McAlfee dismissed two false filing counts against Don 'Legit' on grounds of federal preemption.  The remainder of the RICO indictment remains intact. Judge McAlfee said the RICO charges are,“facially sound and constitutionally sufficient.”

[10.09.2024} The man-child on stage with Kamala Harris is a relentless, sociopathic liar with total disregard for the truth. He repeats a fixed set of lies and grievances ad nauseam.  To listen to him is to think that America is being overwhelmed by illegal immigrant cat-eaters! He keeps repeating that crime is down all over the world but going up in America because 168 countries are exporting their criminals to the United States*. US Person would like to see the actual statistics on that subject!  Who cares what Hungary's dictator Viktor Orban thinks of him?  His only effective tactic is fear, and his appeal is to the many white supremacists, closet and otherwise, who are unfortunately citizens of the United States. As Kamala said several times out loud, he is a national disgrace.  He is symptomatic of an unhealthy culture that needs to be pushed into the future, not forced back into its racist past.  If this political contest was not so consequential for our nature's future, his deranged ranting would simply be funny.  Remember, he is NOT responsible!

the nightmare that is Trump

*The facts: about 125,000 Cubans arrived in the US from the Port of Mariel by late October 1980, usually referred to as the "Mareil Boat Lift". Among those arriving an estimated 2700 hardened criminals (not political prisoners) Castro labeled the refugees "undesirables". Ronald 'Raygun' praised the Marielitos as part of his anti-Cuban propaganda, The episode was widely seen as a failure of the Carter Administration, which struggled to deal consistently with the new arrivals.

Denali Road Closure Has Profound Effect

Those of you privileged to have visited Denali National Park, Alaska know that the Park has only one road through.  Roads have significant effects on wildlife.  Unlike other more visited parks like Yellowstone and Glacier, Denali has been managed to control the amount of vehicle access, substituting buses for private cars, leaving the road unpaved, and limiting the amount of traffic.  In 2021, a landslide at Pretty Rocks closed the western fifty miles of road completely, and while contractors build a bridge over the landslide, wildlife scientists are studying the effects of the unexpected closure on the park's wildlife,

Humans often convert animal trails into roads, but at Denali the reverse has occurred.  Animals like bears, wolves,  and caribou are using the open space as a trail for their wanderings.  Without roadkill, magpies and foxes are gone; like predators the absence of vehicles has produced a trophic cascade in the ecosystem.  At Wonder Lake, the western terminus of the road, the amount of waterfowl and wading birds along the causeway is astounding. Surely, the absence of road noise has affected these birds.   The last time there was an event similar to the road closure, was during the Pandemic, in the spring of 2020.  The disease kept humans in their homes; scientists humorously refer this period as the "Anthropause".  Roadkill plummeted, animals wandered farther, and it seemed the bird song was more pronounced if not sweeter.  When the humans came back, roadkill accelerated due to behavioral lag.  Animals accustomed to owning the road are were slow to readjust their behavior to human dominance once again

This latest return to wilderness paradise will not last forever.  The 475 ft bridge construction is costing more than $200 million, and is scheduled to open to the public in 2027.  How the animals will react to traffic once again is not clear. Although it is known that sow bears use the road as a human shield to protect their vulnerable offspring from aggressive boars who will kill them if given an opportunity. [photo credits: E. Mesner] The Park Service is gathering behavioral information during this quiet time.  Bears on ether side of the closure are monitored via GPS collars to study and compare their behavior and movements.  The closure, an inconvenience to the public, has proved to be a benefit to science. Hopefully the data will be used to determine the necessity of capacity caps at more visited National Parks in the lower 48.  Because roads kill.

Amazon River Reaches Record Lows

More: Earth set another heat record this summer after shattering records last year with help from an early El Niño weather pattern in the Pacific.  According to Copernicus, the European climate service, the three months of Northern Hemisphere summer--June, July and August--averaged 62.24 ℉ , 0.05 degrees warmer than last summer,  Unless there is a significant cooling trend for the remainder of the year, 2024 will go down in the books as the hottest in recorded history.  According to climatologists these records show the tightening grip of global climate crisis.

The increasingly hot weather is causing health difficulties for some as well as extreme weather phenomenon like prolonged droughts, wildfires, and intensifying storms.  Phoenix, AZ suffered through a 100 day heat wave with temperatures over 100℉.  Maricopa, County, in which Phoenix is located,  counted 150 heat-related deaths with  443 deaths still under investigation, Clark County, Nevada which includes Las Vegas, officially counted 181, but the death toll is likely much higher.  In 2023 the county recorded 294 and over 2000 heat-related emergency room visits.  The story is the same in several locations throughout the West. Wildfires near Los Angeles, CA are forcing thousands to evacuate.

{10.09.2024}Brazil is suffering through the worst drought in more than seventy years of recorded rainfall. The mighty Amazon is running at historic lows, and wildfires are rampaging across the country. Almost 60% of Brazil land area, 1.9 million square miles, is under stress. This is the first time in history that drought conditions stretch from the north to the southeast. Smoke from the fires have caused the residents of São Paulo to breath the second worst polluted air on the planet after Lahore, Pakistan. From the beginning of the year Brazil has experienced 160,000 wildfires. In the Panatal, a renowned wetland ecosystem, it has been the second worst fire season on record.  Significant rain is not expected until October. One tribal leader told AP interviewers,“This used to be the Amazon River,” she said. “Now it’s a desert. If things get worse, our people will disappear. Now we are realizing the severity of climate change.” US Person asks, if a tribal leader in Brazil can know that fact, why can Donal Trump NOT?

Brasilia National Forest, credit AP

Paraquay's Paraguay River has also reached the lowest level in 120 years, disrupting river traffic on the vital commercial route. Landlocked Paraguay is one of the world's leading exporters of agricultural commodities. The river runs 2,110 miles through Argentina, Brazil, Uruguay, Paraguay and Bolivia. With no rain in sight experts expect losses in the millions of dollars. The drying of such an important waterway is due to combination of climate change, deforestation and population growth couple with weak governance and inefficient irrigation.

TWIT: Back in Court

credit: Bagley, Salt Lake Tribune
BC Idonwanna sez: They ain't cheap, Kimosabe!

Update: Judge Merchan punted and put-off sentencing soon September 18th until after the election to give the defendant more time to perfect his procedural appeal on grounds of immunity.  He also gave himself more time to write his decision on defendant's immunity claims which will result in more appeals.  So, Team Trump is 3 for 4 with only one case against him having been tried to a verdict. This result demonstrates the power of money in the criminal justice system. Unlike federal Judge Chutkin, Merchan he referred to the proximity of the presidential election as a factor in his decision making. Merchan said he was reluctant to grant more time, but in the interest of appearing impartial he decided to  grant a continuance for the second time before sentencing. Trumpilini's mob has ruthlessly portrayed Merchan a political hack out to get the former president.  It did not help that the DA's office took no stand on the request for more delay.  It is all up to the voters now, and if he wins he may never spend a day in jail.  That result would be a true travesty of justice akin to a less affluent defendant being executed for crime they did not commit.

Trump federal prosecution for election interference was back before DC District Judge Tanya Chutkin this week to determine how to proceed with the case after the MAGA Court granted Don the Con extraordinary immunity. The idea that a president is above the law is repugnant to people who believe in American democracy and is made from whole cloth by partisan Chief Justice Roberts. Nevertheless the decision is the law of the land until Congress passes corrective legislation and Chutkin must follow its contours.

Needless to say the sides differ widely on how to proceed.  The Special Prosecutor wants an early evidentiary hearing, while the defense made it clear it intends to appeal every step of the way.  Chutkin admitted any kind of hearing is months away, but she set an ambitious hearing schedule and told the defense the election is irrelevant to eventually trying the former Boss.  She ordered the defense to respond to the government's brief on the effect of immunity by October 17th.  His lawyers will argue that the MAGA Court's ruling means the entire case must be dismissed because the indicting grand jury was exposed to privileged presidential communications.  That is unlikely to happen at the trial court level. The government's brief will likely contain new information not in the superseding indictment.  The defense team showed that it was sensitive to new information being made public that could affect the election results.  Too bad, Donny.  She also gave defense attorneys until October 24th to object to the appointment of Jack Smith, which they have done in the Mar-a-Lago Papers case .   They were rewarded with an out-of-bounds dismissal by Judge ? Aileen Mercedes Cannon.  The problem is there is binding precedent in DC on the constitutionality of special prosecutors that no amount of obiter dicta in a concurring opinion or ludicrous rulings from another district can overturn.

The hearing was tense according to observers, which is understandable since this is most important criminal prosecution this century with major consequences for the nation's democratic future. At one point Mr. Lauro misspoke and said Justice Clarence Thomas "directed" his team to pursue the argument that Smith was unconstitutionaly appointed. Before he could correct himself by saying Thomas raised the issue in a concurring opinion, Judge Chutkin incredulously asked, "He [Justice Thomas] directed you to do that? Smith nodded his head in agreement before Lauro backed off his statement.  Meanwhile, Don the Con is free to flood the airwaves with incoherent ranting and lies. His lies are remarkably effective because he is restlenttless in repeating them.  He is still telling lies from six years ago, but the CMM gives him carte blanche because his lies are not new, as in 'news'.  While watching a "delusional, deranged old man" campaign for another term Joe Biden must be gritting his teeth. Joe is an American hero unlike the fake man of the people.

The action on other legal fronts is fast and furious.  Actor James Baldwin's New Mexico prosecution for negligent homicide got a brief from the prosecution asking the trial judge to reconsider her dismissal of the case for failure to turn over potentially exculpatory evidence to the defense. Hack lawyer US Person is skeptical of the correctness of the ruling, and it seems the prosecutors agree. The prosecution's theory is that Baldwin was negligent in handling his loaded pistol by failing to check its contents before pointing it at his cinematographer, killing her with a single bullet.  Consequently, consequently prosecutors did not think the real bullets handed in to the sheriffs office were relevant evidence since it was Baldwin's actions in question. Baldwin was not entitled to rely on the statements of colleagues that the gun was "cold" under commonly accepted standards of care in the film industry, especially since those colleagues may not have been aware of who handled the gun before it was given to Baldwin, or that there were live rounds on the set. There is also evidence that the defense knew about the bullets being turned in before trial, but did not request them in discovery.  The prosecutor called their late objection at trial "a ruse" to get the case thrown out.    Undoubtably this case will go to the appellate level before it is over on a perhaps novel question of criminal procedure in these circumstances.

Unconstitutional special prosecutors in the Hunter Biden criminal case are not a concern to Repugnants. They never let illogic bother their character assasination, and they got their pound of flesh this week.  Biden unexpectedly plead guilty on all counts of tax evasion just before his jury was sworn in.  He wanted to enter an Alford plea--in which there is no admission of guilt-- but the judge rejected that request.  Biden then threw himself on the mercy of the court.  Don't count on it despite him having paid all the back taxes and penalties. Remember, no one is above the law! Unless you are Donald Trump. 

Australia's Iconic Flower Endangered

Australia is known for its endemic flora and fauna.  The nation is also known for the number of threatened or endangered species.  A new list with twenty additions brings the number to almost 2,250. One of these is the Gibraltar Range Waratah. (Telopea aspera) [photo credit: G. Darren]. The listings come as the Senate battles to pass legislation creating a new environmental regulatory body.  Labor is also under pressure to delay a broader package of reforms of the country's environmental law.  Critics say the current scheme is without enforcement teeth.  However, the Prime Minister has said that new nature laws are unlikely to be passed this term.  The government has said it supports improving environmental protections, and has acted to protect additional land and sea areas while investing $550 million to eradicate invasive pests, expand the indigenous ranger program and protect threatened species. Scientists estimate that $2 billion a year is need to recover plants, animals and ecosystems threatened with extinction.

The Gibraltar Range Waratah is similar to another Telopea that is more well-known, the South Wales Waratah (Telopea speciosissima) While strikingly attractive, the plant does not do well in cultivation.  Waratah sprouts from a woody tuber after brushfires.  It stores nutrients and energy for rapid regrowth. The prominent, brightly colored flower suggests it specializes in avian pollination, and has done so for 60 million years.  The plant is endemic to New South Wales.

Nuclear Power Frakenstein

A company in Michigan, with the substantial help of the federal government ($1.5 billion), thinks it has solved he extreme cost of nuclear power facilities. Holtec International Inc. from Florida is $2 billion to restart the decommissioned Palisades nuclear generating station on the shores of Lake Michigan.  Built in the 1970s, heydays of nuclear power, if it begins generating electricity, it will be the first decommissioned plant to come back to life in the US.  Currently there are 22 decommissioned nuclear plants.The reactors still in operation today have a combined capacity of close to 100 gigawatts.Holtec bought the plan in 2018, soon thereafter the company announced plans to restart. It is decommissioning plants in New Jersey (Oyster Bay), Massachusetts (Pilgrim), and New York (Indian Point) 

The interest in old nuclear facilities is driven by the need for more power.  Huge computer server installations are gobbling up power.  Data centers are projected to account for 8% of US demand by 2030 New laws, as in Michigan, require green energy (carbon free). At least to the Wall Street Journal, that includes nuclear power.  But if the entire fuel cycle is considered that is mislabeling. Even at Pallisades, spent fuel rods will be stored above ground outside the reactor containment. If granted operating status, the plant may generate 800MW of power. [photo credit: Detroit PBS]

Some critics think the restart idea is a bad one.  New plants have hardened facilities against terrorist attack and safety standards have evolved enormously.  Those include a "core catcher" device that prevent melted fuel assemblies from penetrating the reactor floor, which is what happened at Fukushima. Local residents are concerned about radiation leaks.  A group of 154 locals signed a petition asking the NRC to develop new rules for restarts before granting Palisades an operating license. A former operating engineer director at Palisades says the plant cannot be brought up to current standards and should not reopen.  

Cheap natural gas made abundant by fracking altered the economic equation for nuclear power.  Palisades opened in 1971,  but by 2016 it was no longer economic. It was one of the dozen of plants closed between  2012 and 2020, primarily for economic reasons.  Despite the skepticism about restarting a dead reactor, Holtec is moving ahead with its plans to generate electricity using a 1960's design with blessings from regulators.  if the company succeeds, it will set a precedent for other closed facilities. NRC testified to Congress that it will reach a decision on its operating license by May 2025. Almost all the current plants are extending their original 60-year design life, and most will extend to 80 years. The nuclear Frankenstein will not die!