Texas attorney general Ken Paxton announced Thursday that his office is suing Pfizer, claiming that the company violated state law when it allegedly lied about the efficacy of its Covid-19 vaccine.
Paxton’s office claims the pharmaceutical giant violated the Texas Deceptive Trade Practices Act by engaging in “false, deceptive, and misleading acts and practices by making unsupported claims” about the vaccine.
The AG’s office said Pfizer’s claim that its vaccine is 95 percent effective against Covid-19 infection is “highly misleading.”
“Pfizer created the false impression that its vaccine provided a substantially greater amount of protection against COVID-19 infection than what it afforded in reality,” Paxton’s office said, accusing the company of launching a “continuous and widespread campaign” to mislead the public about the efficacy of its vaccine.
The “deceptive conduct was reinforced and extended by Pfizer’s efforts to censor persons who sought to disseminate truthful information that would undermine its ongoing deception,” the statement adds.
Paxton claimed Pfizer relied on a “relative risk reduction” assessment to arrive at the 95 percent efficacy figure. The FDA says such assessments leave patients “unduly influenced” and vulnerable to “suboptimal decisions.”
“We are pursuing justice for the people of Texas, many of whom were coerced by tyrannical vaccine mandates to take a defective product sold by lies,” Paxton said in a statement. “The facts are clear. Pfizer did not tell the truth about their COVID-19 vaccines. Whereas the Biden Administration weaponized the pandemic to force illegal public health decrees on the public and enrich pharmaceutical companies, I will use every tool I have to protect our citizens who were misled and harmed by Pfizer’s actions.”
The lawsuit comes nearly eight months after Paxton first announced plans to investigate Pfizer, Moderna, and Johnson & Johnson for their potentially misleading claims about the efficacy of each of their Covid shots and whether or not they “engaged in gain-of-function research.”
Absent from the press release is whether Pfizer engaged in false, deceptive and misleading acts and practices in supressing information about adverse side effects from their vaccine. I hope the Attorney General’s office is pursuing that line of inquiry as well.
Ten days ago, the AG office announced it was suing Pfizer and Tri Pharma over “providing adulterated pharmaceutical drugs to Texas children in violation of the Texas Medicaid Fraud Prevention Act.”
If the Powers That Be expected their attempted impeachment to throw a scare into Paxton, they were obviously mistaken. Was Pfizer one of those shadowy Powers? It wouldn’t surprise me. I note that Texas House Speaker (and Paxton nemesis) Dade Phalen received campaign contributions from Pfizer in the 2022 and 2014 election cycles, which is…interesting, but hardly an iron-clad case.
No job yet, but my dogs and I are all doing fine. Israel’s land incursion into Gaza is still pending, more Democratic Party graft, another House Speaker aspirant drops out, and media flame outs at Disney and Apple. It’s the Friday LinkSwarm!
“Tanks line up at Gaza border as ground invasion appears imminent.” I swear I’ve seen some variation of this headline every day this week, though.
“Israel Evacuates Northern City as Tensions Flare along Lebanon Border.” I keep checking Livemap, and I’m not seeing the sort of activity I would expect if Hezbollah were really getting ready to throw-down with the IDF, but I’m sure they want Israel to think they’re ready to act when the Gaza operation proper gets under way.
“U.S. Navy Destroyer Intercepts Missiles Launched from Yemen, ‘Potentially’ Targeting Israel, Pentagon Says.” I’ve got to wonder how much of Iran’s GDP is spent building crappy missiles to target Israel from its various client states.
“President Joe Biden received a $200,000 personal check from his brother shortly after James Biden received a “shady” loan in the same amount, House Oversight Committee chairman James Comer (R., Ky.) revealed Friday.” If it seems like there’s news of shady Biden influence peddling every week, it’s only because there is…
Speaking of shady Democrat financial shenanigans, alleged multi-billion dollar crypto fraudster Sam Bankman-Fried allegedly gave $1 million in stolen customer money to Beto O’Rourke.
On Monday, former FTX engineering chief Nishad Singh testified that FTX had used stolen customer money from Alameda Research to make political donations, even after learning it owed $13 billion to customers. In short, Sam Bankman-Fried was using customer funds to make political donations to Democrats, according to Singh’s testimony.
One of those Democrats was failed Texas gubernatorial candidate Beto O’Rourke, who in November of last year reported returning a $1 million donation from SBF just four days before the November election because he was ‘uncomfortable receiving such a large, unsolicited donation.’
In truth, the adderall-addicted SBF (or one of his employees) fat-fingered what was supposed to be a $100,000 donation, and instead ended up being $1 million.
In January, the Washington Free Beacon reported that O’Rourke kept the $100,000.
House lawmakers are warning that the Biden administration’s $27 billion green energy “slush fund” at the Environmental Protection Agency could be used to finance Democratic political allies and Chinese solar companies, according to a letter obtained by the Washington Free Beacon.
The EPA’s Greenhouse Gas Reduction Fund will be responsible for distributing $27 billion to nonprofit groups and the green energy technology sector by next September.
Republicans on the House Energy and Commerce Committee said the short deadline for doling out the money will make it difficult for the agency to conduct proper vetting of grantees. They also noted that some EPA officials previously worked for nonprofit groups that stand to benefit from the funding and questioned how the EPA will prevent money from going to Chinese companies that dominate the solar industry.
“Hardworking Americans are facing record high energy costs as a result of the administration’s massive tax-and-spend agenda, which has driven inflation across the board,” House Energy and Commerce Committee chair Cathy McMorris Rodgers (R., Wash.) told the Free Beacon. “Energy and Commerce Republicans won’t stand by and let President Biden use this $27 billion slush fund to line the pocket of his political friends or use it on technology that is produced in China.”
The only questions is which parts of the federal government aren’t being used as a slush fund for Democratic Party cronies. (Hat tip: Stephen Green at Instapundit.)
The mother of Soros-backed Orleans Parish DA Jason Williams was carjacked.
“State Audit Finds Harris County Violated Texas Election Law in 2022. In a preliminary report, the Texas Secretary of State’s Office found that Harris County did not provide statutorily mandated supplies of ballot paper.”
Southern Poverty Law Center is “deeply saddened by the tragic loss of Leonard Cure.” Cure was pulled over by a cop for driving 100 MPH, failed to comply, and was shot only after two different taser jolts failed to stop him and he started choking the police officer while yelling ‘Yeah, Bitch!” Leonard Cure was a classic case of “Play stupid games, win stupid prizes” and richly deserved his dirt-napping.
Apple TV has problems with The Problem and cancels John Stewart’s interview show. “When Stewart broke the news to the staff, he informed them that potential show topics discussing China, artificial intelligence, and the 2024 presidential campaign were points of contention for the Apple executives.”
Are cheap Chinese knockoff tool batteries just as good as Milwaukee-brand batteries? Not so much.
I saw Peter Gabriel perform in Austin on Wednesday, on pricey tickets bought well before my most recent job ended. This is pretty close to the end of his tour, but he’ll be in Houston Saturday.
“Those terrorists may want to die, but they apparently don’t want to die badly enough to come to Texas.”
It’s surprisingly dusty for October.
Pakita, a dog in Argentina, spent nearly three years in an animal shelter after being mistaken for a stray. The shelter owners eventually found her true owner and arranged a reunion. Initially hesitant, Pakita's excitement grew as she recognized her owner's scent. Credit: Jukin pic.twitter.com/qdgXBiWogE
Below is the tip jar, if you’re so inclined. Thanks to everyone who donated to the Non-Homeless Blogger Fund. I’m bad at thanking people individually the way I should, but let me know if you want public recognition in this space or not.
Well, I’ve had better weeks. In addition to my job ending, my dog had to get $1,700 worth of veterinary work done (removing and testing a lump on his chest, and while he was getting that I got his teeth cleaned). So feel free to hit the donation jar at the bottom of the post.
A prosecutor overseeing the Hunter Biden tax probe likely intervened to protect President Biden from Department of Justice scrutiny, Eileen O’Connor, former assistant attorney general for the Justice Department’s Tax Division, testified at the first House Oversight impeachment hearing Thursday.
The impeachment inquiry, which was formally opened earlier this month without a full House vote, builds on the committee’s months-long probe into Biden’s alleged foreign influence peddling.
U.S. attorney for the District of Delaware David Weiss led the investigation into Hunter Biden’s taxes, which began in 2018, and was assisted by assistant U.S. attorney Lesley Wolf.
IRS whistleblowers who worked on the probe, and have since provided a trove of information to the committee, identified many deviations from standard procedure, which they claim were driven by Weiss and his staff as well as officials at main Justice in an attempt to slow walk or otherwise obstruct the probe.
The whistleblowers highlighted the fact that attorneys from the DOJ’s tax division suggested the removal of Hunter’s name from documents, including subpoenas, and pointed out that prosecutors at the U.S. attorney’s office in Delaware prohibited IRS and FBI investigators from asking about or referring to “the big guy” or “dad” in witness interviews.
Wolf also ordered investigators not to escalate the tax probe into a campaign-finance probe, according to a document the GOP committee obtained from the whistleblowers. Specifically, she told them not to pursue the possibility that a hefty sum Hunter received from a major Democratic donor to pay his back taxes may have constituted an illegal campaign-finance contribution.
Why, it’s almost as if there’s a different rule for powerful Democrats than for other Americans…
“Adam Schiff Funneled Millions To Defense Contractors After Taking Donations.” Of course he did. “This financial maneuvering coincided with Schiff receiving $8,500 in contributions from PMA Group PAC and two family members of Paul Magliocchetti, founder and owner of the lobbying firm retained by both defense companies. In 2011, Paul Magliocchetti was sentenced to 27 months in prison for making illegal campaign contributions.”
Target closes nine stores in Portland, San Francisco, Oakland, Seattle and New York City, citing losses from crime.
States are fighting back against ESG companies trying to destroy their oil and gas industries.
“Oklahoma is a natural gas and oil industry state,” [Oklahoma State Auditor Cindy Byrd] said. “These things are very important to us, and we’ve seen that shut down over the last few years, which is really hurting Oklahoma.”
Increasingly, the environmental social and governance (ESG) industry is coordinating efforts among banks, insurance companies, and asset managers to cut America’s production of fossil fuels. It coordinates these efforts through a coalition of net-zero associations under the umbrella of the U.N.-affiliated Glasgow Financial Alliance for Net Zero (GFANZ).
The net-zero clubs that are part of GFANZ encompass virtually all elements of global finance, including the Net Zero Banking Alliance (NZBA), the Net Zero Insurance Alliance (NZIA), the Net Zero Asset Managers initiative (NZAMi), the Net Zero Asset Owners Alliance (NZAOA) and the Net Zero Financial Service Providers Alliance (NZFSPA). Members of these alliances pledge to work together to achieve UN goals of net zero CO2 emissions by 2050 or sooner.
We thought about investments, getting good returns, trying to make money with your money, and that was the prominent thought when I first got in office,” said Kentucky State Treasurer Allison Ball. “I remember when I first started coming to events, I began to hear about an initiative called ESG, and I thought at the time that this was academic; I didn’t really take it very seriously.
“In the course of the last couple of years, it began to become very aggressively pushed,” she told The Epoch Times. “There’s been an effort to really make it the only game in town, to really shift that mentality from investing to make money, making sure you’re getting good returns, to using investments as leverage to push certain mostly political ideas.
“Coal and oil and gas industries, those are signature industries in Kentucky,” Ms. Ball said. “And they’ve been targeted very strongly by the E part of ESG, so I began to see real impacts on the economy of Kentucky, my home area.”
The felony convictions of four former Navy officers in one of the worst bribery cases in the maritime branch’s history were vacated Wednesday due to questions about prosecutorial misconduct, the latest setback to the government’s years-long efforts in going after dozens of military officials tied to Leonard Francis, a defense contractor nicknamed “Fat Leonard.”
U.S. District Judge Janis Sammartino called the misconduct “outrageous” and agreed to allow the four men to plead guilty to a misdemeanor and pay a $100 fine each.
California Democratic Senator Dianne Feinstein dead at 90.
“A group of five Harris County residents filed a petition in state district court on Friday seeking to remove Harris County Judge Lina Hidalgo from office, arguing that she has abandoned her duties and responsibilities as the elected chief executive of the state’s most populous county….petitioning to remove Hidalgo under Texas Local Government code allowing for removal of an unfit or incompetent elected official.” She’s been on “mental health leave” since July.
“Prosper ISD Taxpayers Debate Priciest High School Stadium in Texas.” As in $94.8 million pricey. And that’s after they already built one for $53 million, the fifth priciest in the state, that opened in 2019. And they’ve already built two high schools that cost $200 million each, presumably with gold-plated microscopes and Tito Puente as the music teacher…
After every media-hyped shooting, ambulance-chasing lawyers come out of the woodwork to file lawsuits against the manufacturer of whatever gun this month’s eel-brain happened to lay his hands on to do the deed, despite the Protection in Lawful Commerce in Arms Act.
This time they’re doing it for the Uvalde shooting, but they’ve evidently been so sloppy in filing their lawsuit that they’re facing contempt charges.
In the aftermath of the mass shooting at Robb Elementary School that killed 19 students and two teachers, California-based attorney Charles Bonner is facing heat over a federal case to sue the gun store and the manufacturer of the rifle used in the massacre, Daniel Defense.
Bonner told media in August 2022 that he had been hired by Uvalde residents, consisting mostly of families of Robb Elementary students, to file civil lawsuits against numerous entities over the shooting.
Now, he and other attorneys involved are facing both sanctions and criminal contempt charges in federal court over the lax handling of the case.
Both Daniel Defense and gun store Oasis Outback, which sold the rifle to the gunman, have been named as defendants in the federal civil lawsuit seeking $6 billion in damages. Prior to filing the lawsuit, Bonner had announced his intent to file a $27 billion class action lawsuit, but it is unclear if he intends to seek additional damages from other parties in separate lawsuits.
The case was initially filed in the Austin division of the Western District of Texas; however, the case was transferred to the Del Rio division, where the court instructed the plaintiffs to serve the defendants before the case could proceed.
This simple process is where the case began to fall apart procedurally.
Numerous documents beginning in June show federal Judge Alia Moses giving multiple orders to the plaintiff attorneys to properly serve the defendants, writing, “The Defendants must be afforded due process instead of plaintiff counsel’s apparent wish to improperly litigate this case ex parte,” accusing the attorneys of using the case to serve their interests alone.
But the lax handling of the case didn’t stop with the first admonishment by the court.
Moses set a hearing to discuss why the plaintiffs failed to properly serve the defendants, a hearing the attorneys did not attend.
“Serving defendants the lawsuit” is hardly a deep, dark secret of the legal profession. Indeed, it’s why process servers exist as a profession.
This prompted Moses to set another hearing, ordering the plaintiffs’ legal counsel to appear in a hearing where the court will consider sanctions for failing to follow its instructions and potentially issue contempt charges for failing to appear.
“The Court will consider additional sanctions for the failure to appear and will consider referring the plaintiff’s counsel for contempt prosecution based on the failure to appear at the sanctions hearing,” Moses’s order states.
Lawyers, even ambulance chasers, are supposed to be smarter than the average bear. But this is a pretty basic, stupid, unforced error on Bonner’s part…
I hope all BattleSwarm readers are safe from the Joe Biden Armageddon thus far. Today’s LinkSwarm features Democrats disdaining the rules followed by the little people, the UN is delusional enough to think they can run the world and defy the laws of economics, and petting dogs is good for you.
UNCTAD, the UN agency dealing with global trade, demanding *all* central banks stop rate hikes and instead switch to price controls. They argue, “policymakers appear to be hoping that a short sharp monetary shock – along the lines, if not of the same magnitude, as that pursued… under Paul Volker – will be sufficient to anchor inflationary expectations without triggering recession. Sifting through the economic entrails of a bygone era is unlikely, however, to provide the forward guidance needed for a softer landing given the deep structural and behavioural changes that have taken place in many economies, particularly those related to financialization, market concentration and labour’s bargaining power.”
I am not playing tennis with them either, but note the radicalism. Indeed, their latest report also argues, “supply-chain disruptions and labour shortages require appropriate industrial policies to increase the supply of key items in the medium term; this must be accompanied by sustained global policy coordination and (liquidity) support to help countries fund and manage these changes.” So, industrial policy. And Fed swap-lines. Expect both ahead.
They also ask why we haven’t regulated shadow-banking, and why we allow speculators in global commodity markets who have nothing to do with underlying trade. On the latter they note, “Market surveillance authorities could be mandated to intervene directly in exchange trading on an occasional basis by buying or selling derivatives contracts with a view to averting price collapses or deflating price bubbles.” I expect nothing but that ahead – and geopolitically driven to boot.
This boils down to: “Hey, we need to institute economic policies proven to fail, because otherwise lots of rich people will lose money!” Wage and price controls were tried in the 1970s and they failed miserably. The longer governments try to defy the market, the more terrible the snapback when those efforts fail.
On Tuesday, the New York Times framed a story circulating on the right over a software company’s connection with the Chinese Communist Party as a “right-wing conspiracy theory.”
“At an invitation-only conference in August at a secret location southeast of Phoenix, a group of election deniers unspooled a new conspiracy theory about the 2020 presidential outcome,” was the Times’ original lede (via the Daily Caller).
In it, the Times wrote that “right-wing” election deniers in Arizona had fabricated a conspiracy theory that election software company Konnech had secret ties to the CCP, and was passing them information on around two million US poll workers.
“In the two years since former President Donald J. Trump lost his re-election bid, conspiracy theorists have subjected election officials and private companies that play a major role in elections to a barrage of outlandish voter fraud claims,” reads the article. “But the attacks on Konnech demonstrate how far-right election deniers are also giving more attention to new and more secondary companies and groups. Their claims often find a receptive online audience, which then uses the assertions to raise doubts about the integrity of American elections.”
The next morning, Konnech executive Eugene Yu was arrested for the alleged theft of poll workers’ personal information.
New Orleans Mayor LaToya Cantrell is facing the threat of a recall election and it’s not just the city’s rising crime that has petition signers enraged.
The two people behind the petition are both Democrats demanding the Democrat mayor leave office for her “failure to put New Orleans first and execute the responsibilities of the position,” according to Fox News.
In 2021, more than 150 officers left the New Orleans Police Department, despite a surge in murders and carjackings. Carjackings so far this year stand at 217, an increase of over 200 percent since 2019, according to the Metropolitan Crime Commission weekly bulletin.
But it’s the mayor’s exorbitant travel spending that has people up in arms.
She traveled to sister cities Ascona, Switzerland, and Juan Antibes-les-Pins on the French Riviera this summer, costing the City of New Orleans close to $45,000, including first-class international airfare with lie-flat seating.
The city’s travel policy requires employees to pay the difference in cost for work-related airfare upgrades, stating “employees are required to purchase the lowest airfare available … employees who choose an upgrade from coach, economy, or business class flights are solely responsible for the difference in cost,” Fox News reported.
But Cantrell hasn’t paid the near $30,000 bill from her first-class international flight upgrades over the summer.
She has claimed the visits are an investment in the city and necessary for her safety.
“My travel accommodations are a matter of safety, not of luxury,” The Times-Picayune/The New Orleans Advocate reported. “As all women know, our health and safety are often disregarded and we are left to navigate alone. As the mother of a young child whom I live for, I am going to protect myself by any reasonable means in order to ensure I am there to see her grow into the strong woman I am raising her to be. Anyone who wants to question how I protect myself just doesn’t understand the world Black women walk in.”
Yes, I’m sure the men and women who walk the streets of New Orleans at night have never know unthinkable fear of having to fly coach to Switzerland.
“Federal Law Does Not Exempt LGBT Employees From Bathroom, Dress Code, Policies, Judge Rules…A U.S. Equal Employment Opportunity Commission (EEOC) policy document from June 2021 overreached in its interpretation of the Supreme Court’s ruling forbidding employment discrimination based on sexual preference and gender identity, Judge Matthew Kacsmaryk of the U.S. District Court for the Northern District of Texas found. Texas sued over the guidance.”
Well, fellas, if you don’t want OPEC+ to be in a position where it can influence U.S. gasoline prices a month before the election, you need policies that minimize the U.S. market’s dependence upon the global oil market. This means maximizing U.S. oil production and expanding U.S. refinery capacity.
It would be a mild exaggeration to declare that the Biden administration hascompletely stopped issuing leases for oil and gas drilling on federal lands and in federal waters, but only a mild one. As the Wall Street Journal reported last month, “President Biden’s Interior Department leased 126,228 acres for drilling through Aug. 20, his first 19 months in office, the analysis found. No other president since Richard Nixon in 1969-70 leased out fewer than 4.4 million acres at this stage in his first term.” It’s not a complete halt, but it’s very close to one. This means that the U.S. is almost entirely dependent upon oil production from private lands.
The good news is that there’s still a lot of oil beneath private lands. As of July, the U.S. was producing 11.8 million barrels per day, an increase from the 11.1 million barrels per day produced in January 2021, the month President Biden took office. But before the pandemic hit in early 2020, the U.S. was producing 12.8 million barrels per day, and it even hit 13 million barrels per day in November 2019. We have the proven ability to produce about 1.2 million more barrels per day than we are, if we want to do so and our public policies encourage it. But right now, they do not.
The Biden administration keeps insisting that it’s doing everything it can to bring gas prices down, including releasing oil from the Strategic Petroleum Reserve — which is now at its lowest level in 40 years. But what’s in the SPR is oil, not gasoline, and oil must still be refined. You can’t just pump the stuff out of the ground and put it in your car.
U.S. refineries are running at full capacity, or just short of full capacity. This is why oil from the Strategic Petroleum Reserve releases got sent to Europe and Asia, because they had the room and equipment to turn it into actual usable fuel. The U.S. currently has no more spare ability to turn the oil from the reserve into stuff that will actually make your car move; yelling at the oil companies isn’t going to change what is fundamentally an engineering problem.
And Democrats absolutely refuse to let anyone build new oil refineries.
Multiple sources have confirmed that Nord 2 was full of natural gas; that it was full for at least months; and that said natural gas had never moved.
It. Just. Sat. There. For — allegedly — months.
During normal operations of a pipeline, you run a pig through fairly regularly. A “pig” is a bit of equipment pushed by the gas flow, and as it moves along it shoves water and hydrate slurry down to where it can be removed; and it scrapes compounds off the inside walls (hydrogen sulphide, I’m looking at you) that might be are probably eating your pipe.
Note the part above where the pigs are pushed by the gas. The gas in Nordstream 2 never moved. That means no pig ever went down the line to shove water out, move hydrate slurry, or stop H2S from corroding the steel of the pipeline.
As I said in the previous post — and I will continue to say — none of this rules out intentional Acts of War. There are idiots enough in that region that sabotage can’t be discounted.
“A lot of folks are running the White House. Joe Biden just isn’t one of them.” “Biden is surrounded with longtime D.C. power players, such as Ron Klain, Susan Rice, Anita Dunn, John Podesta, Gene Sperling – a veritable “who’s who” of Beltway knife fights and insider skullduggery. Throughout their long careers, they’ve never sought credit or voter approval. Just power.”
“NYC Mayor Declares State of Emergency over Influx of Illegal Immigrants. [New York City mayor Eric Adams] said at least 17,000 asylum seekers have arrived in the city by bus from other parts of the country since April.” Oh, a million illegal aliens come over the border into Texas and it’s no big deal, but 17,000 show up in your “sanctuary city” and suddenly it’s a problem!
“NYU Fires Chemistry Professor After Students Launch Petition Claiming His Course is Too Hard.” The lesson here seems to be that businesses shouldn’t hire NYU grads…
British blogger eats on £1 for a single day and has a very tough time of of it, even with foraging and scavenged condiments. Despite the dollar-pound exchange rate being so favorable, I don’t think I could do that on $1 a day shopping at HEB, and even if you made it $1.25, it would have to be three meals of ramen. Also, I don’t think I can even buy a single carrot at HEB (if I had wanted to), spaghetti is considerably more than 23¢ for 500 grams. $5 for $5, that I could do, and $30 for 30 days would be grim but very doable (price, pasta, and beans).
Dwight sent over the text of a firearms case decision in “ESTADOS UNIDOS MEXICANOS, Plaintiff, v. SMITH & WESSON BRANDS, INC.” etc., or Mexico v Smith & Wesson et. al. (“Barrett Firearms Manufacturing, Inc.; Beretta USA Corp.; Century International Arms, Inc.; Colt’s Manufacturing Company, LLC; Glock, Inc.; Sturm, Ruger & Co., Inc.; and Witmer Public Safety Group, Inc. d/b/a Interstate Arms.”)
The lawsuit was filed in the United States District Court for Massachusetts (because venue shopping) and the decision was handed down by Chief Judge F. Dennis Saylor IV.
A U.S. federal judge on Friday dismissed a lawsuit brought by the Mexican government against U.S. gun manufacturers arguing their commercial practices has led to bloodshed in Mexico.
Judge F. Dennis Saylor in Boston ruled Mexico’s claims did not overcome the broad protection provided to gun manufacturers by the Protection of Lawful Commerce in Arms Act passed in 2005.
The law shields gun manufacturers from damages “resulting from the criminal or unlawful misuse” of a firearm.
Quoting the text of the decision itself (which does not yet appear to be online anywhere):
Unfortunately for the government of Mexico, all of its claims are either barred by federal law or fail for other reasons. The PLCAA unequivocally bars lawsuits seeking to hold gun manufacturers responsible for the acts of individuals using guns for their intended purpose. And while the statute contains several narrow exceptions, none are applicable here.
This Court does not have the authority to ignore an act of Congress. Nor is its proper role to devise stratagems to avoid statutory commands, even where the allegations of the complaint may evoke a sympathetic response. And while the Court has considerable sympathy for the people of Mexico, and none whatsoever for those who traffic guns to Mexican criminal organizations, it is duty-bound to follow the law.
Accordingly, and for the reasons set forth below, the motions
to dismiss will be granted.
Not a picture of Judge Saylor.
This, of course, is the proper outcome. Lawful American gun manufacturers can’t be held accountable for the misuse of their products, nor should they be made scapegoats for Mexico’s inability to control their own criminal cartels.
More Democrats convicted for committing voting fraud, Russian forces are driven out of Lyman, and the Eurocrats freak out of Italy’s voters daring to disobey their wishes. Plus advice on what not to invest in.
In February, 2021, the Biden administration-run Centers for Disease Control (CDC) awarded a Soros-backed pro-migrant nonprofit $7.5 million under the guise of pandemic-related support for “LATINX ESSENTIAL WORKERS AS HEALTH PROMOTERS,” and aimed “to reduce the spread of COVID-19 and mitigate impacts among Latinx and Latin American immigrants,” according to an analysis by the Daily Caller.
The group, Alianza Americas, is currently suing Florida Gov. Ron DeSantis (R) and other Florida officials over migrant flights to Martha’s Vineyard earlier this month.
The group has also received nearly $1.4 million from George Soros’ Open Society Network.
Alianza Americas is “focused on improving the quality of life of all people in the U.S.-Mexico-Central America migration corridor.” The membership-based group, which Soros’ Open Society Foundations network (OSF) sent almost $1.4 million to between 2016 and 2020, was awarded a $7.5 million CDC grant in February 2021, according to a grant listing reviewed by the Daily Caller News Foundation. -Daily Caller
The CDC funds were distributed under a program called “Protecting and Improving Health Globally: Building and Strengthening Public Health Impact, Systems, Capacity and Security.”
Add this to the many, many things Republicans should investigate if they gain a congressional majority.
Former U.S. Rep. Michael “Ozzie” Myers, a Pennsylvania Democrat, pleaded guilty to conspiracy to deprive voters of civil rights, bribery, obstruction of justice, falsification of voting records, conspiring to illegally vote in a federal election, and orchestrating schemes to fraudulently stuff ballot boxes for specific Democrat candidates in Pennsylvania elections held from 2014 to 2018. Myers was sentenced Tuesday by U.S. District Judge Paul S. Diamond to 30 months in prison, three years supervised release, and ordered to pay $100,000 in fines, with $10,000 of that due immediately, according to a statement from U.S. Attorney Jacqueline C. Romero.
“A right-wing alliance led by Giorgia Meloni’s Brothers of Italy party” won Italy’s election and will form a new majority government.
Naturally, the Eurocratic elite are far from thrilled that Italians exercised unapproved voting preferences. “EU Commission President Threatens Italy On Eve Of Election, Says Brussels Has ‘Tools’ If Wrong Parties Win.”
Funny how they mention that some fascists were involved in founding Meloni’s party, but never mention how the Partito Democratico, the leftist and second largest party in Italy, were formerly commies.
“This Ohio School District Is Promoting an ‘LGBTQ+ Resource Guide’ With Instructions on Sex Work, Abortions. Hilliard City School District guide also encourages students to transition gender without parental consent.” All this encouraged by the National Education Association, which evidently thinks it is perfectly fine to literally instruct your children on how to be whores. (Hat tip: Sarah Hoyt at Instapundit.)
A double-dose of Glenn Greenwald:
I can't stress this enough: at its core, Democratic politics is about criminalizing opposition to their party and ideology.
Dissenting ideas are "disinformation" and must be censored by Big Tech. Trump voters are inherently criminal ("insurrectionists") and should be imprisoned.
This is the face of authoritarianism – even though it looks different than you were taught to expect. And it's the mindset of tyrants everywhere:
This is someone so inebriated by her sense of righteousness and superiority that she views dissent as an evil too dangerous to allow: https://t.co/kmG4zTgPwh
Important investing tip: A single deli in rural New Jersey is not, in fact, worth $100 million. Which explains the fraud charges.
Speaking of bad investments, remember how growing hemp was going to make farmers rich? Yeah, not so much.
Since I post a lot of Peter Zeihan videos, I thought it only fair that I post this critique of Zeihan by Yaron Brook. He opines that, while Zeihan has important things to say about geography and demographics, he ignores the central role of ideas in shaping the world.
Ukraine fights back, Biden isn’t going to do jack about it, Kyle Rittenhouse is going to sue everyone, inflation soars, the Canadian “emergency” is ended, disaster looms for Democrats, and Ilhan Omar gets an unusual challenger. It’s the Friday LinkSwarm!
While reports of the battle are confused and preliminary, it appears that Ukrainian forces counterattacked, shot down some Russian helicopters, and have so far been able to prevent the Russians from landing reinforcements. Initial claims that the Russian force at the airfield had been “destroyed” were later clarified; it now seems that the battle at Gostomel is continuing. It’s easy to understand how crucial this battle is, simply by looking at a map. If the Russians could gain control of the Gostomel airfield, they could score a quick knock-out of the Ukrainian capital as part of what is being called their “decapitation” strategy.
Russian news services are claiming they’ve taken the airfield, but that may be stale news or propaganda.
Ukrainian forces take up positions in Kiev. Also: “Reports that the Ukrainian military has delivered a strike on a Russian airfield in Millerovo, Rostov Oblast have now been confirmed.”
The invasion of Ukraine by the armed forces of Russia at Russian President Vladimir Putin’s orders marks the first time since 1945 that Russia has engaged in a conventional war with a near-peer nation.
Ukraine isn’t restive Warsaw Pact nations, it isn’t Afghanistan, it isn’t Chechnya, it isn’t Georgia, and it isn’t Crimea.
The conflict launched by Putin is on a far grander scale than the invasion of Crimea in 2014, launched as Ukraine’s last pro-Russia president, Viktor Yanukovych, was driven from office in a popular uprising.
Putin, by choosing to reach beyond the ethnic-Russian majority separatist provinces of Donetsk and Luhansk in the Donbas Basin, has decided to end the independent, Western-looking Ukrainian government of President Volodymyr Zelenskyy and install a pro-Putin quisling.
And while the fog of war, some deliberate mis-and disinformation operations by the combatants, and the far-from-perfect filter of Western media leaves much unknown at this time, what is known is that Zelenskyy is still in power a day after the Russian offensive. Further, the Ukrainian military appears to be taking a toll on the Russians invading from three sides: south across the Pripyat Marshes from Russian satellite Belarus; west from Russia, including Donbas; and north from the Black Sea in the region of Odessa and Transnistria, a Russian client breakaway state in Moldavia.
Modern conventional war is extremely difficult to do well. Imagine being a conductor of an orchestra, all while the audience was lobbing soccer balls at you and your musicians as you perform J.S. Bach’s Chaconne in D — that’s modern warfare. Putin is attempting a highly complicated operation over large distances in the face of a determined foe. Further, he’s doing so with an army largely composed of conscripts serving for only one year.
Since Putin has decided to oust the Ukrainian government, this means that every day Zelenskyy remains in office is another day that adds to Ukrainian national confidence to resist — and another day that Putin looks to have miscalculated.
A Russian Military Ship telling 13 Ukrainian troops on Snake Island to surrender. They were met with a response of " Russian military Ship, go fuck yourself."
Both the EU and the Biden Administration offer sanctions they admit will not do Jack Squat.
FULL DOCUMENT: This is the general license that US Treasury has issued exempting any "energy" related dealings from the sanctions imposed on some of the biggest Russian banks. It's so wide ranging that even includes "wood" as a form of energy exempted | #Ukraine#OOTTpic.twitter.com/3X5t0LFi3W
WATCH: AP reporter roasts Biden's State Department spokesman over the "frankly huge" list of exemptions in Biden's sanctions on Russia.pic.twitter.com/gzAWB4LwMg
Taiwan joins sanctions against Russia, including their semiconductor industry. I don’t know if any fabless Russian chip design company gets their chips fabbed at TSMC, so I’m not sure how badly this hurts their economy in the long run.
It is the West’s wacko environmentalists who handed Russian President Vladimir Putin the leverage and money to invade Crimea in 2014 and Ukraine this week.
Without these wackos, Putin would be just another gangster in charge of a crumbling country, and maybe one on the verge of a revolution to depose him.
But the facts are the facts are the facts, and the facts are these… Thanks to the West’s environmentalists, those smug greenies who are more concerned with carbon output than world peace, this gangster controls much of the energy going to the European Union (E.U.).
Thanks a lot, Greta…
A great mystery:
Under Carter, Russia invaded Afghanistan. Under Obama, Russia took over Crimea. Under Biden, Russia is invading the rest of Ukraine. Russians do land grabs when Democrats control the White House. Democrats get pissed when you point it out. But it is still true.
Biden is demonstrably more hostile to American oil and gas companies than he is to Russian companies, having frozen oil and gas leasesdespite a court order otherwise.
Thanks to Biden’s inflation, the cost of everything is going up. “70 percent of Americans are living paycheck to paycheck.”
Fellow former finance reporter Chrystia Freeland — someone I’ve known since we were both expat journalists in Russia in the nineties — announced last week that her native Canada would be making Sorkin’s vision a reality. Freeland arouses strong feelings among old Russia hands. Before the Yeltsin era collapsed, she had consistent, remarkable access to gangster-oligarchs like Boris Berezovsky, who appeared in her Financial Times articles described as aw-shucks humans just doing their best to make sure “big capital” maintained its “necessary role” in Russia’s political life. “Berezovsky was one of several financiers who came together in a last-ditch attempt to keep the Communists out of the Kremlin” was typical Freeland fare in, say, 1998.
Then the Yeltsin era collapsed in corrupt ignominy and Freeland immediately wrote a book called Sale of the Century that identified Yeltsin’s embrace of her former top sources as the “original sin” of Russian capitalism, a “Faustian bargain” that crippled Russia’s chance at true progress. This is Freeland on Yeltsin’s successor in 2000. Note the “Yes, Putin has a reputation for beating the press, but his economic rep is solid!” passage at the end:
It looks as if we’re about to fall in love with Russia all over again…
Compared to the ailing, drink-addled figure Boris Yeltsin cut in his later years, his successor, Vladimir Putin, in the eyes of many western observers, seems refreshingly direct, decisive and energetic… Tony Blair, who has already paid Putin the compliment of a visit to Russia and received the newly installed president in Downing Street in return, has praised him as a strong leader with a reformist vision. Bill Clinton, who recently hot-footed it to Russia, offered the equally sunny appraisal that “when we look at Russia today . . . we see an economy that is growing . . . we see a Russia that has just completed a democratic transfer of power for the first time in a thousand years.”
To be sure, some critics have lamented Putin’s support for the bloody second war in Chechnya, accused him of eroding freedom of the press…and worried aloud that his KGB background and unrepenting loyalty to the honor of that institution could jeopardize Russia’s fragile democratic institutions. But many of even Putin’s fiercest prosecutors seem inclined to give him the benefit of the doubt when it comes to the economy…
Years later, she is somehow Canada’s Finance Minister, and what another friend from our Russia days laughingly describes as “the Nurse Ratched of the New World Order.” At the end of last week, Minister Freeland explained that in expanding its Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) program, her government was “directing Canadian financial institutions to review their relationships with anyone involved in the illegal blockades.”
The Emergencies Act contains language beyond the inventive powers of the best sci-fi writers. It defines a “designated person” — a person eligible for cutoff of financial services — as someone “directly or indirectly” participating in a “public assembly that may reasonably be expected to lead to a breach of the peace.” Directly or indirectly?
She went on to describe the invocation of Canada’s Emergencies Act in the dripping-fake tones of someone trying to put a smile on an insurance claim rejection, with even phrases packed with bad news steered upward in the form of cheery hypotheticals. As in, The names of both individuals and entities as well as crypto wallets? Have been shared? By the RCMP with financial institutions? And accounts have been frozen? As she confirmed this monstrous news about freezing bank accounts, Freeland burst into nervous laughter, looking like Tony Perkins sharing a cheery memory with “mother.”
Angeleno’s tax dollars at work:
A city audit found LA spends $837,000 to house one homeless person. Perhaps this is why Newsom has done everything he can to block my statewide audit.
China is getting a good return on its investment in the Biden clan: “DOJ shuts down China-focused anti-espionage program. The China Initiative is being cast aside largely because of perceptions that it unfairly painted Chinese Americans and U.S. residents of Chinese origin as disloyal.” We can’t let national security stand in the way of political correctness…
In what may be remembered as one of the greatest miracles of all time, it seems that an upcoming American election cycle is set to put an end to the great COVID pandemic in regions that have been clinging to “mitigation” tactics despite them being proven ineffective long ago. What science couldn’t do for blue state governors, politics is about to. Meanwhile, much of the rest of the country has already adopted an “endemic” approach to COVID. In my Indiana community, for instance, school systems have been in-person and maskless for well over a year.
A combination of experience and common sense led local officials to recognize that while COVID was a serious virus, and an often-times unpleasant condition to endure, we just weren’t experiencing the kind of mortality rates or critical hospitalizations that would require the suspension of normal life. If I was guessing, I would say that there are more counties, cities, and communities in the United States like mine than not.
While mainstream media may be drawn like a moth to the bright lights of urban areas with all the restrictions, mandates, and panic-fueled policies enacted there, most Americans have been “living with” the virus for a long time now.
In fact, if my community is any bellwether for the nation, most Americans are already wondering why anyone is still attempting to take a non-endemic approach at this point. The virus has proven itself to be, like all other viruses, prone to seasonal surges that are largely unaltered by our theatrical mitigation techniques. Not that anyone with their head screwed on straight ever thought there was value in wearing a porous cloth mask while standing up at a restaurant, then taking it off while sitting down, but the comical nonsense of mask histrionics is now widely appreciated as a goofy spectator sport. Behold:
So silly. And so as opinion polls continue showing that an ever-increasing number of Americans are infuriated by this nonsense, and that they are done with all the aggressive pandemic restrictions that proved unnecessary a long time ago, a public pivot of massive proportions is underway amongst the political class.
Whether it’s big blue state governors like California’s Gavin Newsom hilariously announcing that he will be transitioning his state to the country’s first “endemic” virus policy – meaning they’re going to start doing some things that Texas, Florida, South Dakota, Indiana, and so many others have been doing for over a year – or whether it’s blue city school boards like San Francisco’s being recalled by angry voters for their abusive and needless shutdown and masking policies, it’s clear where we’re headed.
Despite that, the midterm news for Democrats is not good.
Democrats know that they should be preparing for a brutal showing in this November’s midterm elections. Glenn Youngkin’s victory in the Virginia gubernatorial race last year — and, more to the point, the substance and style of his successful campaign — were the first sign of it.
But the hits have kept on coming. In San Francisco last week, two progressive parents succeeded in their campaign to oust three school-board members for being . . . too progressive. Irked initially at how long it was taking for area schools to reopen for in-person learning during the pandemic, these two single parents did some digging and discovered even more to be upset about: an enormous budget shortfall, an intensive campaign to rename dozens of school buildings, and the replacement of a merit-based admissions program with a diversity-minded lottery, among other issues.
Suggesting just how central education has become to politics, San Francisco’s intensely progressive mayor, London Breed — who last fall violated her own mask mandate at a concert and defended herself by saying she was “feeling the spirit” — endorsed the school-board recall effort.
“My take is that it was really about the frustration of the board of education doing their fundamental job,” Breed said after the results were in. “And that is to make sure that our children are getting educated, that they get back into the classroom. And that did not occur. . . . We failed our children. Parents were upset. The city as a whole was upset, and the decision to recall school-board members was a result of that.”
San Francisco–based writer Gary Kamiya suggests in a piece for the Atlantic that the results of the recall seem to confirm the conservative narrative. Kamiya writes that conservatives have argued “that the Democratic Party is out of step not just with Republicans, but with its own constituents. . . . Progressives rejected such conclusions, insisting that the recall was simply about competence and was driven by an only-in-San-Francisco set of circumstances.” Kamiya concludes that the best way to read the outcome is “closer to the conservative view.” “At a minimum,” Kamiya writes, “the recall demonstrates that ‘woke’ racial politics have their limits, even in one of the wokest cities in the country.”
Over in Texas, meanwhile, failed Senate candidate and failed presidential hopeful Beto O’Rourke is gearing up to become a failed gubernatorial candidate, too. Running against incumbent Republican governor Greg Abbott, O’Rourke was most recently seen trying to pretend that he isn’t a fan of radical gun-control measures.
Asked about the promise he made during his run for president that he would “take away AR-15s and AK-47s,” O’Rourke attempted a hard about-face.
“I’m not interested in taking anything from anyone,” he said. “What I want to make sure that we do is defend the Second Amendment. I want to make sure that we protect our fellow Texans far better than we’re doing right now. And that we listen to law enforcement, which Greg Abbott refused to do. He turned his back on them when he signed that permitless-carry bill that endangers the lives of law enforcement in a state that’s seen more cops and sheriff’s deputies gunned down than in any other.”
As Charlie Cooke has noted, this is utter tripe. It also isn’t working. The latest poll of the race from the Dallas Moring News has Abbott up by seven points, 45 percent to 38 percent. O’Rourke himself remains underwater with voters: Only 40 percent view him favorably, while 46 percent say they have an unfavorable view of the candidate.
Republicans win a Jacksonville City Council race:
It's a citywide race, and this result will more or less match the average partisanship of the city for the past decade or so. But this was a Dem-held seat, and losing it in this fashion has to hurt the local party. And doesn't portend well in other races.
Kyle Rittenhouse is finally ready to sue, including lawsuits against Whoopi Goldberg and Cenk Uygur. I hope he bankrupts anyone who called him a white supremacist.
Former Houston Rockets draft bust Royce White is running for Congress as a Republican against “Squad” member Ilhan Omar. Hopefully he can be on the campaign trail more than he was on the floor for the Rockets…
Texas Attorney General Ken Paxton is suing Google again, this time over location tracking.
Texas Attorney General Ken Paxton has sued Google for harvesting the location data of its users, claiming the practice violates the Texas Deceptive Trade Practices Act (TDTPA).
“This most recent Google lawsuit argues that the company misled Texas consumers by continuing to track their personal location even when the user thought he or she had disabled it from doing so. Google then uses the deceptively gathered data to push advertisements to the consumer, earning the Big Tech company enormous profits,” Paxton’s office stated in a press release issued Monday morning.
The Texas Deceptive Trade Practices Act is a law that requires businesses in Texas to truthfully represent their products and ownership to consumers. By misleadingly implying to users that they can stop location tracking, Paxton claims Google violated the section of the law that bans businesses from withholding information that might prevent consumers from using their product.
“Google has systematically misled, deceived, and withheld material facts from users in Texas about how their location is tracked and used and how to stop Google from monetizing their movements,” the lawsuit claims.
“[While] many Texans may reasonably believe they have disabled the tracking of their location, the reality is that Google has been hard at work behind the scenes logging their movements in a data store Google calls ‘Footprints.’ But while footprints generally fade, Google ensures that the location information it stores about Texans is not so easily erased.”
The lawsuit claims that the sheer prevalence of Google technology makes the company’s data collection all the more effective, complete, and specific. Paxton argues that location data alone allows the company to create a “unique mosaic” of each user with information like health status and religious affiliation inferred from travel habits.
This is a good time to remind you that if Google or Facebook has your email address or phone number (and they do), they have all your personal information and can track you no matter how many cookies or location tracking controls you turn off. And it’s not just them: Any of their advertising partners that has your email or phone number can link you to your Google and/or Facebook profile. So any time you enter your email to, say, use Wi-Fi at a venue, it’s a good bet they automatically have access to all the ad profile information Google and Facebook have gathered on you. And I suspect this information is tied to your phone in various ways, cookies or no cookies.
Since the City of Austin is still refusing to enforce the will of voters when it comes to clearing out illegal camps of drug-addicted transients, Save Austin Now and several business owners have filed lawsuits against the city:
Two lawsuits were filed in Travis County District Court this week alleging that the City of Austin has failed to enforce the public camping ban that was reinstated back in May.
Austin voters approved the reinstatement by a wide margin after the activist group Save Austin Now collected 26,000 signatures in 50 days to place it on the ballot. Rather than implement the camping ban immediately, the city council decided to move toward a phased re-enforcement over the course of four months.
The fourth phase, begun earlier this month, was the first during which illegal campers that refused to move could be arrested. At the time of its start, numbers released by the city showed 572 warnings and 24 citations had been issued. No citations have been issued since July 20.
Since Phase 4’s beginning, some larger camps have been cleared out, but tents and encampments remain scattered throughout the city.
“That refusal leaves voters and residents of the City in the same position as they were before the ban was reinstated,” reads the first lawsuit filed by Save Austin Now co-founders Matt Mackowiak and Cleo Petricek.
The other lawsuit — filed by Headspace Salon and Co-op owner Laura North, Balance Dance Studio owner Stuart Dupuy, Dairy Queen franchisee Robert Mayfield, and Buckshot Bar owner Bob Woody — say the city’s actions have “resulted in severe business disruption.”
“[The business owners] have incurred substantial expenses to protect their property, their customers, and their clients,” it adds further.
Those businesses are requesting at most $100,000 in monetary relief along with full enforcement of the ban.
In his legal statement, Mayfield says he’s had to hire off-duty police officers as security for the establishments — to the tune of $72,000 per store per year.
I think Mayfield actually owns more Dairy Queens in the Austin area. But the two stores mentioned in the lawsuit filing are at 8728 North Lamar and 5900 Manor. Says Mayfield:
The problem is bad with homeless coming in to use the rest room and nothing more, hanging around the parking lot bothering customers, asking for money, and making DQ not a desirable place to visit. We have to run them off or real customers would not come in to the store. We have had customers harassed while in line at the drive up window.
Perhaps worst of all, it is costing us in the neighborhood of 572,000 per year, PER STORE, paid to off duty police, to keep these stores clean and inviting so that customers will visit us. Having off duty police has helped us a lot and sales are good, but at a cost that we should not have to bear. Try swallowing $140,000 per year and see what it does.
Perhaps people upset with the Austin City Council’s refusal to enforce the camping ban can organize a buycott of his Dairy Queens.
Youth Dance studio owner Stuart Dupuy had this to say about the huge problems caused by Austin’s refusal to enforce the law:
On our security cameras, we started seeing more people come up to our building at night. Someone broke through the roof, stole the cash register, and smashed the glass door on their way out. Someone stole a catalytic converter from one of our vans. We’ve been broken into three times in the past 18 months. At least once a week, we now see people park in our parking lot, and we watch a constant stream of people come up to their car from the Greenbelt or from under the overpass.
People were bathing in our exterior faucet, between our buildings. We kept putting locks on the faucets, which they would break off. Eventually we just removed the handle completely. One time a lady was bathing, while kids were there, and I asked her to leave and she started screaming at me telling me that I was going to go to Hell.
These people, ordinary Austin taxpayers and business owners, don’t seem to figure in City Council decisions at all. Only the drug-addicted transients, and the left-wing activists of the Homeless Industrial Complex who profit off them, seem to count.
One thing about these lawsuits: Discovery is going to be lit…